ESCONDIDO COUNCIL AUTHORIZES POLICE USE OF MILITARY GEAR

Department reports on its inventory as required by state law

The suspect was armed with a handgun and a machete as he paced in front of the Escondido bank. Police called to the scene initially hung back around the corner, and launched a surveillance drone to assess the situation. When the man set down his weapons, officers moved in and arrested him without injury.

A video of the confrontation in November 2020 was shown to the Escondido City Council recently to demonstrate how police use military equipment to carry out their mission.

Under a state law signed by Gov. Gavin Newson last fall, Assembly Bill 481, municipal police departments must report on their use of military equipment each year and receive authorization from their respective city councils to use the gear.

Following the presentation by Escondido Police Chief Ed Varso and his staff, the council voted 5-0 last month to authorize the department’s use of its military equipment.

The video of the confrontation with the armed suspect, whom Varso said suffered from mental health issues, showed off the department’s use of a number of pieces of military equipment as defined by the new state law.

Along with the drone, police used an armored personnel carrier to approach the suspect, and then brandished both a military-style assault rifle and a projectile launcher that fires nonlethal rounds of hardened sponge.

“In case he were to decide to engage the officers in a confrontation, we’re prepared to take a less-lethal option but also to be able to protect the officers and the community at the same time,” Varso said.

Council members were supportive of the department’s efforts to educate the public about its use of military gear, and pleased, as Varso reported, that the department has not received complaints from the public about the use of such gear dating back the past five years.

“You’re not militarizing the Escondido Police Department or the city,” said Mayor Paul Mcnamara. “This is just good common sense what you are asking for.”

Councilmember Mike Morasco said he supports anything that will keep officers and the public safe, but was concerned about the amount of staff time it took to develop the new statemandated policy. Varso said it took hundreds of hours of staff time from both the Police Department and City Attorney’s Office to draft the new policy and meet AB 481’s requirements.

“It’s a concern, so much time energy and effort, based around misinformation, poor information, bad understanding, bad exposure to what this equipment is and what it does,” said Morasco. “Your track record is pristine, it shows the equipment is used prudently and wisely.”

The report to the council outlined gear used by Escondido police defined as military equipment under the new state law, which includes drones, a robotic platform, incident command vehicles, armored personnel carriers, breaching equipment, patrol and SWAT rifles, flashbangs, a long-range acoustic device, 40mm launchers and chemical agents/tear gas.

The report also specified items the department does not possess, such as mineresistant vehicles, Humvees, tracked armored vehicles, weaponized aircraft, vessels or vehicles, firearms or ammo of .50-caliber or greater, or a firearm designed to launch explosive projectiles.

In his comments, Varso reiterated that the drones used by the department are commercially available to the public and are not weaponized. “They let us stay back and use distance to our advantage and safely manage a dangerous situation,” he said.

According to the report, the department has seven types of drones, ranging in price from $400 to $35,000 apiece.

Similarly, the department’s robot, which cost $28,000, can be sent inside a building to provide video images to officers outside and also has a microphone and speakers to communicate with a suspect, Varso said.

The department has a Bearcat armored personnel carrier, which is a fortified Ford 550 truck, said Varso, and can be used to approach potentially armed suspects while protecting officers’ safety. The vehicle holds 10 to 12 officers, cost $242,000, and has a projected lifespan of 25 years.

The department’s breaching equipment includes explosives that can disable hinges or hardened locks in an emergency.

Other gear includes flashbang devices to disorient suspects, and tear gas that can be used in a highrisk situation or crowd control in a riot, Varso said.

The department has a long-range acoustic device that can emit a high-frequency tone used to disperse a crowd. However, Varso said department policy forbids the use of such devices for crowd dispersal, and instead uses the device as a public address system to communicate with a crowd.

Also on the list is a 40mm launcher that can fire nonlethal sponge rounds, Varso said.

The only lethal item on the list, Varso said, are the AR-15 assault rifles issued to all patrol and SWAT officers.

“Our law enforcement officers are asked to protect our community. They don’t have anyone else to call upon,” Varso said. “They need to have the equipment to protect the community, protect themselves and their fellow officers.”

The report noted that in 2021, officers used drones 120 times, the incident command vehicle 10 times, the armored personnel carrier 26 times, patrol and SWAT rifles one time, flashbangs two times, and the 40mm launcher three times.

Capt. Kevin Toth said some of the items were paid for with grant funds, while others were funded through the department’s budget.

The department must go back to the council if it seeks to purchase new items not contained on the original list, and it also must go back to the council each year for reauthorization to use its military gear, Toth said. In addition, the department must hold a public meeting each year to discuss the types and uses of military equipment it possesses.

To view the Police Department’s policy and report on military equipment, visit bit.ly/3mrh7jk.