USA TODAY US Edition

Lethal risks of ‘rubber bullets’

Skull fractures, lost eyes among protester injuries No national standards in US for ‘soft’ projectile­s Police in some areas are breaking their own rules

- Kevin McCoy, Donovan Slack and Dennis Wagner Liz Szabo and Jay Hancock Kaiser Health News

Megan Matthews thought she was dying.

“I thought my head was blown off,” said Matthews, 22, who was hit in the eye with a sponge-tipped projectile fired by law enforcemen­t at a protest in Denver May 29. “Everything was dark. I couldn’t see.”

Matthews, a soft-spoken art major who lives with her mother, had gone to the demonstrat­ion against police brutality carrying bandages, water bottles and milk so she could provide first aid to protesters.

“I couldn’t really grasp how bad my injury was,” said Matthews, who had a broken nose, fractured facial bones and multiple laceration­s on her face. “So much blood was pouring out. I was wearing a mask, and the whole mask was filling up with blood. I was trying to breathe through it. I kept telling myself, ‘Don’t stop breathing.’ ”

Three weeks later, Matthew is struggling with her vision, and her doctor says she may never completely heal. Others fared far worse.

In a joint investigat­ion into law enforcemen­t actions at protests across the country after George Floyd’s death in police custody, Kaiser Health News and USA TODAY found that some officers appear to have violated their department’s own rules when they fired “less lethal” projectile­s at protesters who were for the most part peacefully assembled.

Critics have assailed those tactics as civil rights and First Amendment violations, and four federal judges have ordered temporary restrictio­ns on their use. At least 60 protesters sustained serious head injuries, including a broken jaw, traumatic brain injuries and blindness, based on news reports, interviews with victims and witnesses and a list compiled by Scott Reynhout, a Los Angeles researcher.

Photos and videos on social media show protesters with large bruises or deep gashes on the throat, hands, arms, legs, chest, rib cage and stomach, all caused by what law enforcemen­t calls “kinetic impact projectile­s” and bystanders call “rubber bullets.”

At least 20 people have suffered se

“I was wearing a mask, and the whole mask was filling up with blood . ... I kept telling myself, ‘Don’t stop breathing.’ ”

Megan Matthews

vere eye injuries, including seven people who lost an eye, according to the American Academy of Ophthalmol­ogy.

Photograph­er Linda Tirado, 37, lost an eye after being hit by a foam projectile in Minneapoli­s. Brandon Saenz, 26, lost an eye and several teeth after being hit with a “sponge round” in Dallas. Leslie Furcron, 59, was placed in a medically induced coma after she was shot between the eyes with a “bean bag” round in La Mesa, California.

Derrick Sanderlin, 27, helped defuse a confrontat­ion at a protest in San Jose, California, on May 29. While he was trying to protect a young woman from police, he was hit with a projectile that ruptured a testicle and his doctor said may leave him infertile.

With terms like “foam,” “sponge” and “bean bag,” the projectile­s may sound harmless. They’re not.

“On Day One of training, they tell you, ‘Don’t shoot anywhere near the head or neck,’” said Charlie Mesloh, a certified instructor on the use of police projectile­s and a professor at Northern Michigan University. “That’s considered deadly force.”

Floyd’s death sparked the nation’s most widespread street protests in decades, drawing a massive response from police dressed in riot gear. Although many large metropolit­an police department­s own these projectile­s, they had never before been used on a national scale, Mesloh said.

Witnesses say law enforcemen­t in several major cities used less-lethal projectile­s against nonviolent protesters, shot into crowds, aimed at faces and fired at close range – each of which can run counter to policies.

Police have said they fired the weapons to protect themselves and property in chaotic, dangerous scenes.

The projectile­s, intended to incapacita­te violent aggressors without killing them, have evolved from the rubber bullets developed in the 1970s by the British military to quell uprisings in Northern Ireland. They are designed to travel more slowly than bullets, with blunt tips meant to cause pain but not intended to penetrate the body.

They come in many forms, including cylindrica­l wooden blocks, bulletshap­ed plastic missiles tipped with stiff sponge or foam, fabric sacks filled with metal birdshot, and pepper-spray balls, which are about the size of a paintball and contain the active chemical in pepper spray. Some are fired by special launchers with muzzles the diameter of a cardboard toilet-paper roll; others can be fired from shotguns.

They can cause devastatin­g injuries. A study published in 2017 in the medical journal BMJ Open found that 3% of people hit by projectile­s worldwide died. Fifteen percent of the 1,984 people studied were permanentl­y injured.

“Given the inherent inaccuracy” of the projectile­s and the risk of serious injury, death and misuse, the authors concluded they “do not appear to be an appropriat­e means of force in crowd-control settings.”

Yet manufactur­ers continue to market them on their websites for that purpose. Defense Technology says its “eXact iMpact” sponge projectile is “used for crowd control, patrol and tactical applicatio­ns.” PepperBall says the uses for its projectile­s include “antiriot” and “crowd control.”

Security Devices Internatio­nal describes its “blunt impact projectile­s” like weapons of war, saying they’re “designed for military, peacekeepi­ng, homeland security, law enforcemen­t, correction­al services and private sector security.” It adds, “they are ideal for crowd control.”

The companies did not respond to requests for comment.

Police set their own rules

There are no national standards for police use of less-lethal projectile­s and no comprehens­ive data on their use, said Brian Higgins, an adjunct professor at the John Jay College of Criminal Justice in New York.

So the nation’s more than 18,000 law enforcemen­t agencies establish their own rules for when they should be used, who’s allowed to fire them and how to hold their officers accountabl­e.

Many police department­s don’t require officers to document their use of projectile­s, Higgins said, which makes it difficult to know how often they’re used.

Denver’s policy says officers should use projectile­s only on a “combative or physically resistive person whose conduct rises at least to the level of active aggression,” to prevent others from being harmed, or to “incapacita­te a suicidal person who cannot be safely controlled with other force.”

Matthews said she was standing 5 feet from other peaceful protesters at the Denver demonstrat­ion and nowhere near anyone rowdy. She suspects her shooting was no accident.

“Either they targeted her face or they fired indiscrimi­nately at the crowd,” said Ross Ziev, Matthews’ lawyer. “Either way, that poses a tremendous safety hazard.”

A federal lawsuit accuses Denver police of “targeting protesters, press, and medics” and aiming projectile­s “at the heads and groins of individual­s, in a clear tactic to inflict maximum damage, pain and distress.”

The Denver Police Department “takes complaints of inappropri­ate use of force seriously and has initiated Internal Affairs investigat­ions into officers’ actions during demonstrat­ions that may be violations of policy,” a department spokesman said.

A federal judge in Denver issued a temporary order limiting the use of projectile­s and tear gas. The Denver Police Department “has failed in its duty to police its own,” U.S. District Judge R. Brooke Jackson wrote.

Judges in Seattle, Dallas and the Bay Area have issued similar injunction­s, and cities such as San Jose, Atlanta and Austin have moved to curb their use.

As of 2013, 37% of police department­s in the U.S. authorized the use of “soft projectile­s,” according to the most recent survey released by the U.S. Department of Justice. That included the largest police department­s in the country and more than half of those serving 10,000 or more citizens.

But in day-to-day policing in the United States, kinetic impact projectile­s are rarely used, according to a study published in 2018.

Something changed when protests erupted after Floyd’s death, said Higgins, a former police chief of Bergen County, New Jersey. “It’s almost like we’ve opened the floodgates,” Higgins said.

Projectile­s should be “your last resort before you go to lethal force,” Higgins said. “That’s how dangerous they are.”

In field tests, Mesloh has found that bean bag rounds can travel far faster than advertised. He focused on rounds that were supposed to fly out of a shotgun at 250 to 300 feet per second, 21⁄2 to three times faster than a major league fastball. Several traveled 600 feet per second. One bean bag clocked in at 900 feet per second, about the same speed as a .45-caliber bullet, he said.

Police and their advocates emphasize that officers must make high-stakes decisions in chaotic situations without time for reflection. Often they fear for their physical safety, said Nick Rogers, a detective and the president of the Denver police union.

“We probably had 30 to 40 police suffering injuries from bricks and rocks. And that’s not being reported.”

The number is closer to 50, according to a list provided by Denver police.

In San Jose, police Capt. Jason Dwyer said firing projectile­s is safer than trying to control a crowd using nightstick­s. Dwyer, who was struck by a rock, said at a news conference that police were justified using projectile­s and tear gas against the crowd, who turned his city into a “war zone.”

Shot without warning

Soren Stevenson, 25, said he was unarmed when he was shot by law enforcemen­t May 31 in Minneapoli­s.

Protesters were peaceful but unnerved by police in riot gear, Stevenson said. He moved to the front of the crowd, about 30 feet from police, to protect protesters behind him.

Suddenly, officers launched two explosive devices at demonstrat­ors. Tear gas filled the air.

“The police knew it was a peaceful protest,” Stevenson said. “I did not hear

any instructio­ns or commands from police. It went from protest to shooting, just like that.”

Stevenson said he was trying to comprehend the explosions when something slammed into his face, knocking the lenses from his glasses and spinning him around. He said his skull, cheekbone, nose and jaw were fractured. He also suffered a concussion.

On June 10, surgeons took out Stevenson’s eye. They inserted a prosthetic that is expected to eventually settle with surroundin­g tissue, and he’ll get a glass lens at some point. But he’ll never again have normal vision.

“I can’t imagine a more effective way to destroy an eyeball than these socalled kinetic impact technologi­es,” said Dr. George Williams, clinical spokespers­on for the American Academy of Ophthalmol­ogy. His group and Physicians for Human Rights have called for a ban on less-lethal projectile­s, including sponge-tipped bullets, pepper-spray balls and bean bag rounds.

‘It was definitely intentiona­l’

C.J. Montano, 24, has a bruise on his forehead in the shape of a circle – visible evidence of the projectile that caused bleeding inside his brain.

“They shot me directly in the face,” said Montano, a former Marine who was hospitaliz­ed in the intensive care unit after attending a protest May 30 in Los Angeles. “It was definitely intentiona­l.”

As the crowd moved back amid tear gas, he and another man were left in a no-man’s land, 50 feet from police and another 50 feet away from the crowd, Montano said.

Officers fired.

“I got hit in the hip and the stomach at the same time,” Montano said.

Five minutes later, Montano said, he stood up with his hands in the air. He said that’s when he felt a powerful force hit his forehead.

“It was just like a really, really hard thud,” Montano said. “I lost all vision in my left eye, all hearing in my left ear.”

The Los Angeles Police Department is investigat­ing 56 allegation­s of misconduct by officers during the protests – half of which involved alleged use of force.

Montano’s descriptio­n of the shooting appears to violate the Los Angeles Police Department’s policy, which explicitly prohibits police from using pepper-spray balls, sponge and foam projectile­s and other less-lethal force against people who passively resist or disobey them.

Demonstrat­ors in Minneapoli­s, San Jose, Denver and Dallas described being shot with less-lethal projectile­s even though those department­s don’t allow them to be used against nonviolent people. In some cases, such as in Denver and Minneapoli­s, law enforcemen­t from other agencies were called in to help and it’s unclear who fired.

The Los Angeles Police Department said it’s investigat­ing Montano’s shooting, which occurred “amidst a fluid protest that at times became dangerous for both officers and demonstrat­ors.”

In San Jose, attorney Sarah Marinho, who is representi­ng Sanderlin, said police violated their rules when they shot him; he was armed only with a small cardboard sign. At the time he was shot, Sanderlin was begging police to stop firing at unarmed people, including women, at close range.

A San Jose police duty manual states that specially trained officers may fire projectile­s against people when suspects are “armed with a weapon likely to cause serious bodily injury or death” or in “situations where its use is likely to prevent any person from being seriously injured.”

San Jose police have said they are investigat­ing the shooting; they did not return phone calls for this story. Mayor Sam Liccardo tweeted, “What happened to Derrick Sanderlin was wrong,” and he pledged to push for a ban on less-lethal projectile­s.

Stephen James, an assistant research professor at Washington State University, said such projectile­s should never be used to disperse a crowd, but they do have an important role in the law enforcemen­t arsenal.

“I would never advocate for taking them away,” James said. “If you take away less-lethal weapons, then deadly force is the fallback.”

Baltimore learns from past

For residents and police in Baltimore, Floyd’s killing recalled one of the city’s most painful moments.

Five years earlier, Baltimore erupted in violence after a man named Freddie Gray died in police custody. A Justice Department investigat­ion concluded Baltimore police had routinely violated residents’ constituti­onal rights, discrimina­ted against Black Americans and used excessive force.

Baltimore brought in new leadership. Community groups began working with police. Policies changed.

And after George Floyd died, a curious thing happened in Baltimore: Demonstrat­ions were peaceful. There are no accounts of police firing less-lethal weapons.

Baltimore now has strict rules governing the use of kinetic impact projectile­s. In the police department’s use-of-force policies, the No. 1 principle is the “sanctity of human life.” Whenever a less-lethal weapon is fired in the line of duty, it must be reported and investigat­ed within 24 hours.

Erricka Bridgeford, founder of the anti-violence group Baltimore Ceasefire 365, was heartbroke­n when she saw police in other cities shooting demonstrat­ors with rubber bullets and pepper-spray balls.

The weapons aren’t “a way to deescalate. It’s a way to harm people,” she said. “Treating a crowd of people like animals? ‘Oh, my God, they’re shooting into the crowd!’ How is that a good strategy?”

KHN (Kaiser Health News) is a nonprofit news service covering health issues. It is an editoriall­y independen­t program of KFF (Kaiser Family Foundation) that is not affiliated with Kaiser Permanente.

 ?? DAVID ZALUBOWSKI/AP ?? Denver police use tear gas and projectile­s to break up a protest May 28 near the Capitol, where almost 1,000 people protested the death of George Floyd. The following day, Megan Matthews was hit in the head.
DAVID ZALUBOWSKI/AP Denver police use tear gas and projectile­s to break up a protest May 28 near the Capitol, where almost 1,000 people protested the death of George Floyd. The following day, Megan Matthews was hit in the head.
 ?? MEGAN MATTHEWS ?? Matthews, 22, is still struggling with her vision three weeks after she was struck with a sponge-tipped projectile.
MEGAN MATTHEWS Matthews, 22, is still struggling with her vision three weeks after she was struck with a sponge-tipped projectile.
 ??  ??
 ?? DAVID ZALUBOWSKI/AP ?? A Denver police officer fires a projectile at a retreating protester after a demonstrat­ion at the State Capitol on May 30. Civil rights watchdogs have assailed the use of what law enforcemen­t calls “kinetic impact projectile­s.”
DAVID ZALUBOWSKI/AP A Denver police officer fires a projectile at a retreating protester after a demonstrat­ion at the State Capitol on May 30. Civil rights watchdogs have assailed the use of what law enforcemen­t calls “kinetic impact projectile­s.”
 ?? RICARDO B. BRAZZIELL/USA TODAY NETWORK ?? Bystanders come to the aid of a demonstrat­or May 30 after he was shot with a police projectile under the Interstate 35 freeway in Austin, Texas.
RICARDO B. BRAZZIELL/USA TODAY NETWORK Bystanders come to the aid of a demonstrat­or May 30 after he was shot with a police projectile under the Interstate 35 freeway in Austin, Texas.
 ?? C.J. MONTANO ?? “They shot me directly in the face,” says C.J. Montano, 24, a former Marine who was wounded after attending a demonstrat­ion May 30 in Los Angeles.
C.J. MONTANO “They shot me directly in the face,” says C.J. Montano, 24, a former Marine who was wounded after attending a demonstrat­ion May 30 in Los Angeles.

Newspapers in English

Newspapers from United States