Ukiah to investigate controversial arrest,

UKIAH >> The City of Ukiah announced Monday that it is launching a “full and independent” investigation into the arrest of a Ukiah man who was repeatedly Tased, then pepper sprayed and punched by Ukiah Police Department officers before being taken into custody.

“We understand the community concern that has been expressed over the useof-force by the police during the incident last week, and the city of Ukiah is taking this very seriously,” City Manager Sage Sangiacomo said in a press release April 5. “We are launching a full and independent investigation into the incident to determine what happened, and whether police actions were consistent with department training and policies.”

When asked for more details on who would be conducting the investigation, Sangiacomo said it would be someone “not employed or contracted with the city or UPD, nor associated in any way (with either).” When asked when the investigation might be completed, Sangiacomo said he could not provide an estimate at this point, but that it being “independent, complete, and timely are priorities.”

When asked who specifically would be conducting the investigation, Deputy City Manager Shannon Riley said via email “that individual/firm has not yet been procured.”

The arrest in question began around 2:45 p.m. April 1, when a UPD officer near the 1400 block of South State Street responded to the area where there was a report of a naked man in the roadway.

UPD Lt. Andy Phillips said when the first officer contacted the man, identified as Gerardo Magdaleno, 25, of Ukiah, he quickly became “aggressive and took a fighting stance. A Taser was deployed, which was ineffective, and a second Taser was deployed, which was also ineffective.” Phillips said a third Taser and pepper spray were used on Magdaleno before he was taken into custody. He was also placed in a “wrap restraint,” which Phillips said immobilizes combative suspects.

Phillips said Magdaleno appeared to be under the influence of a stimulant such as methamphetamine, and that it is “very common for people under the influence of meth to get very hot and take their clothes off. And he was taken to the hospital to make sure he wasn’t suffering from meth psychosis.” According to statements from family members to local media outlets, Magdaleno also suffers from mental health disorders.

Magdaleno was arrested on suspicion of resisting arrest, possession of drug paraphernalia and being intoxicated in public. According to the UPD, a meth pipe was found by officers in sweatpants they report that Magdaleno was wearing shortly before the incident began.

MCSO Capt. Greg Van Patten said Magdaleno was booked into jail after being treated at AHUV, but several hours later he was taken back to the hospital. When asked whether jail staff were concerned about Magdaleno’s health due to his mental status or possible injuries, Van Patten said only that he was transported back to the hospital “due to concerns regarding his physical condition.”

Van Patten said he could provide no specifics regarding any injuries Magdaleno had suffered, or whether he was being held for a mental health evaluation.

Multiple witnesses to the arrest took videos of the incident, which appear to show officers punching Magdaleno while he was lying on the ground after being Tased. In a statement released the day after the arrest, the UPD described the punches to Magdaleno’s head as “distraction strikes” intended to allow officers to put handcuffs on him.

Sangaicomo described the incident as beginning when officers “responded to a call reporting that an individual was exhibiting erratic behavior in a public setting. During the incident, a number of methods to subdue and restrain the individual were employed, prompting an investigation regarding the incident’s escalation and whether Ukiah Police principles and protocols were followed.”

To that end, Sangiacomo said “the city also intends to seek an independent review of the existing policies to determine whether they could be augmented or otherwise improved. We believe in the importance of oversight and accountability for our police department. Not only do they need the right policies, training, and tools, but they also need accountability if there are problems that arise. That is essential for keeping community trust in the officers who are on the front lines and responsible for keeping us safe.”

“At the same time, we are receiving questions about the nature of police response when addiction or mental health issues are involved,” Sangiacomo continued. “We share the community’s concern that there are not more robust options for addressing these challenges. We are hopeful that the funding resulting from Measure B can be used to help provide those resources, (and) we look forward to collaborating with other stakeholders and concerned county residents to address this important issue. The city has been, and will continue, pushing for better solutions in addressing the needs for mental illness. But today, in this moment, the city is moving forward with next steps to ensure an independent investigation of the April 1st incident is completed in a timely manner. We are committed to transparency, and will provide more information when it is available.”

The Ukiah City Council has scheduled a special meeting Tuesday beginning at 5:30 p.m. to hold a closed session discussion regarding “significant exposure to litigation, potential case concerning incident and arrest by Ukiah Police Department occurring on April 1, 2021.”