Police review board says violence shows lack of training
The New York Police Department must overhaul its response to large demonstrations and better train officers to control crowds while preserving the right to protest, according to a report released Monday by an oversight body that examines police misconduct.
The report concludes a monthslong review by the Civilian Complaint Review Board that included hundreds of investigations into clashes between protesters and police during the Black Lives Matter demonstrations that swept the city following the killing of George Floyd by a Minneapolis officer in May 2020.
Thousands turned out for protests that month and into June. The gatherings were scattered and sporadic, often continuing well into the night. While most protests were peaceful, some rioting broke out, resulting in smashed store windows, looted shops and police vehicles set on fire. Protesters were often accused of assaulting officers, who corralled them with pepper spray and batons.
During and after the protests, the board received about 750 complaints of police misconduct, and launched investigations into 321 of them, according to the report.
As a result of its findings, the board recommended discipline in 146 cases involving 138 officers. So far, Police Commissioner Keechant Sewell — who has the final say on discipline — administered punishment in 42 cases. She has yet to decide on the others, the report said.
In the report, the board argued that police officers should be better equipped and trained to handle large demonstrations, and should establish a clear chain of command.
“Given what is happening across the country regarding reproductive rights, immigration, affordable housing and police brutality, people will continue to protest for their rights,” said Arva Rice, interim chair of the board. “It is key for New York to know how to best respond to protests, especially protests against police misconduct.”
Carrie B. Talansky, the police department's acting deputy commissioner of legal matters, wrote to the board that officers faced “acts of lawlessness including wide-scale rioting, mass chaos, violence and destruction” while trying to facilitate peaceful protests.
At the peak of the demonstrations, 22,000 officers were deployed in a single day, Talansky wrote, adding that about 400 were injured during the protests and 250 hospitalized.
Each complaint can contain several allegations, and the board found sufficient evidence of misconduct in about 15% of those, she said.
“NYPD response to the protests during the summer of 2020 was largely professional, commendable, and responsive to the unique circumstances that were present at the time,” Talansky added.
What board found
According to the report, some officers exhibited the following behaviors:
• Used batons to strike protesters in violation of department guidelines.
• Used pepper spray indiscriminately.
• Covered up their names and shield numbers.
• Failed to turn on bodyworn cameras.
Recommendations
The report provided policy prescriptions to improve performance in future protests:
• Training for every officer in crowd control, including the proper use of pepper spray and batons.
• Rethinking the tactics and tools officers use during demonstrations to mitigate risks to people and property, and to preserve the right to peaceful protest.
• Adequate documentation of where officers are deployed.
Swift denunciations
Several of the city's law enforcement unions criticized the report hours after its release.
Paul DiGiacomo, head of the Detectives' Endowment Association, said in a statement that the report failed to acknowledge the hundreds of officers injured.
Patrick J. Lynch, president of the Police Benevolent Association, said the board wrongfully blamed officers for the actions of protesters that prompted officers to respond and for the department's management failures.