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HomeMy WebLinkAboutREPORT 20TR-0007_Redacted City of Petaluma, California Memorandum Police Administration, 969 Petaluma Boulevard North, Petaluma, CA 94952 (707) 778-4370 Fax (707) 778-4502 E-mail: policeadmin@ci.petaluma.ca.us DATE: October 12, 2020 TO: Brian Miller, Deputy Chief of Police FROM: Ed Crosby, Lieutenant SUBJECT: Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 DATE OF COMPLAINT July 23, 2020 DATE OF INCIDENT July 7, 2020 NATURE OF COMPLAINT This complaint alleges that Sergeant Lance Novello #2363 used unreasonable and unwarranted force toward arrestee while on duty on or about July 7, 2020. The complaint further alleges that Sergeant Lance Novello #2363 used profane language toward during her detention/arrest and acted in an unprofessional manner. Based on the information provided, I determined that the allegations contained in this investigation would be most appropriately defined as possible violation(s) of: Petaluma Police Department Policy section 340.5.9 (b), Conduct: Unreasonable and Unwarranted force to a person encountered or a person under arrest. Petaluma Police Department Policy section 340.5.9 (g), Conduct: Use of obscene, indecent, profane, or derogatory language while on duty or in uniform. Petaluma Police Department Policy section 340.5.9 (m), Conduct: Any other on or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 2 | Page ALLEGED EMPLOYEE(S) INVOLVED Petaluma Police Sergeant Lance Novello #2363 WITNESSES Officer Richard Clark #3415 Officer Alyssa Weldon #3417 Officer David Lundgren #3451 Officer Rafael Cardenas #3382 SUMMARY OF ALLEGATIONS I first learned of this incident after I was approached by Petaluma Police Department Lieutenant Jeremy Walsh on the morning of Monday July 13, 2020. Lieutenant Walsh had become Sergeant Novello’s direct supervisor on Sunday June 14, 2020. Lieutenant Walsh had watched Sergeant Novello’s body-worn camera footage as part of a “Blue Team” use-of-force review; Lieutenant Walsh expressed concern to me about Sergeant Novello exhibiting a lack of self-control during the incident; he asked me to review the video so I could provide my perspective. After this review, Lieutenant Walsh and I conferred with Deputy Chief Brian Miller. It was decided that I would act as the primary investigator on this matter. The following is a summary of my observations: On the early morning of Tuesday July 7, 2020 at approximately 0213 hours, the Petaluma Police Department received a call about a man and woman on bicycles going through mailboxes on Sycamore Lane. A male subject ( was detained by Officers Alyssa Weldon and Garrett Sholin near the entrance to Calvary Catholic Cemetery/Cypress Hill Memorial Park at the west end of Sycamore Lane. was found to be on felony probation. He mentioned having been in the company of “ whose last name he could not remember. Sergeant Lance Novello checked the area and a short time later stopped a female adult on a bicycle (identified as on Acorn Drive. Sycamore Lane from the Petaluma Police Department (to the east) and the entrance to the cemetery (to the west) is approximately three-tenths of a mile in length. White Oak Circle and Acorn Drive are the two cross-streets between those points. Upon contact with Sergeant Novello repeatedly demanded that she "take a seat" on the curb. refused to "take a seat”, asked why she was being detained, and asked why the Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 3 | Page police down the street were at the end of her driveway (she verbally provided her numerical address as , which lies within the cemetery grounds). At one point, she dismounted her bicycle after being told she was stopped for not having proper lighting equipment. said “They’re right here”, pointing to the back of the bike (which had a flashing red light). She asked Sergeant Novello twice why the police were at the foot of her driveway. His only response was for her to “have a seat”. She replied, “No, I’m not gonna have a seat”, and she remounted her bicycle. While did not sit on the curb as instructed by Sergeant Novello, she initially did not act aggressively, nor did she try to flee. Sergeant Novello broadcast over his radio that he was out with an “uncooperative” subject. Sergeant Novello repeatedly told to “have a seat”, and kept asking why the police were at the foot of her driveway. told Sergeant Novello she would not “have a seat”. He informed her she was “detained”. Sergeant Novello then reached out to take hold of right arm. raised her right arm to prevent Sergeant Novello from grabbing her wrist. Sergeant Novello grabbed right arm and attempted to apply a right wrist lock control hold, telling her to “have a goddamned seat”. resisted being handcuffed, tensing and pulling her arms away. As Sergeant Novello struggled with he told her, "Give me your arm, goddamn it" and "Quit goddamn resisting". resistance became more vigorous as the incident continued. Officer Clark was the first back-up officer to arrive on scene and assisted Sergeant Novello with handcuffing Officer Clark and Sergeant Novello successfully handcuffed Officer Clark told Sergeant Novello, “Alright, I’ve got ‘em, both”, apparently referring to both of her hands. said, “Let me up, please. Let me up. Let me up. I’m cuffed, can you let me up? Hello?” Officer Clark told , “You’re gonna stay down for right now…” who had been lying face down with her hands cuffed behind her back, appeared to try to turn over. Sergeant Novello placed his right knee onto her back, yelling for to “Stop!” and “Relax!” complained of not being able to breathe and appeared to struggle in an effort to turn over. Officer Alyssa Weldon, Officer David Lundgren and Officer Rafael Cardenas arrived on scene to assist Sergeant Novello and Officer Clark; Sergeant Novello instructed the officers, “Sit her up. Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 4 | Page Sit her up.” As he began to sit upright, he used his left hand to pull her up by the hair on the top of her head. was arrested for 148 PC, but not for any other charges. She was found to live in a home on the cemetery grounds with her elderly and infirm father, who told Sergeant Novello via telephone that he had sent her to the mailbox to retrieve his medications about thirty minutes prior. The entrance to the cemetery where was detained is marked by two large stone pillars; a smaller third stone pillar is to the right of the cemetery entrance as one faces it. Mailboxes are contained within that smaller stone pillar (EXHIBIT F). In post-arrest interviews that Sergeant Novello held with she initially denied knowing and wondered if he was a “stalker”. However, she later admitted to knowing him and admitted he had actually lived in her house on the cemetery grounds for a time. As of this writing, the Sonoma County District Attorney’s Office has filed a charge of 148 PC against she has a court date scheduled for October 6, 2020. EVIDENCE AS TO EACH ALLEGATION Relevant instruments shared or produced during this investigation and evidence related to the allegation that Petaluma Police Sergeant Lance Novello violated department policy with respect to the allegations referenced herein are as follows: • EXHIBIT A: Body-Worn Camera Footage of Sergeant Lance Novello • EXHIBIT B: Copy of Police Report 20-2263 • EXHIBIT C1-C2 Sergeant Novello “Blue Team” Entry and Routing • EXHIBIT D : Body-Worn Camera Footage of Officer Richard Clark • EXHIBIT E: Body-Worn Camera Footage of Officer Alyssa Weldon • EXHIBIT F: Photo of Cemetery Entrance (Daylight) • EXHIBIT G1-G4: Notifications to Sergeant Novello • EXHIBIT H: Witness Notice to Officer Weldon • EXHIBIT I: Witness Notice to Officer Clark • EXHIBIT J: Witness Notice to Officer Lundgren • EXHIBIT K: Witness Notice to Officer Cardenas • EXHIBIT L: Interview with Officer Weldon • EXHIBIT M: Still Photos from Officer Clark’s Video • EXHIBIT N: Interview with Officer Clark • EXHIBIT O: Interview with Officer Lundgren • EXHIBIT P: Interview with Officer Cardenas Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 5 | Page INVESTIGATION Review of Body-Worn Camera Footage (EXHIBITS A, D, E) The bulk of this incident (as already described in the “Summary of Allegations”) was captured on the body-worn camera footage of Sergeant Novello (EXHIBIT A) and Officer Clark (EXHIBIT D). Officer Clark’s footage in particular provided the best view of Sergeant Novello’s actions with respect to placing his knee on back and the pulling of her hair (see also EXHIBIT M). The “Summary of Allegations” contains a synopsis of the body-worn camera content. Review of Police Report 20-2263 (EXHIBIT B) The aforementioned police report prepared by Officers Sholin, Clark, and Sergeant Novello was largely congruent with what I observed on body-worn camera footage, with a few notable exceptions pertaining to Sergeant Novello’s use of force against The following is an excerpt from Sergeant Novello’s supplemental report: “Once we removed the backpack, Officer Clark attempted to handcuff `s left wrist. She immediately pulled her arms away from us and twisted her body down and away, causing her to roll onto her back. I attempted to use her right arm to, in effect, stir her onto her stomach, but she continued to resist. I continually yelled, "Police. Quit resisting!" I eventually got her onto her stomach and initially used my knee on her back to hold her down. However, she continued to roll away, at which point I used my full body weight and laid on her back, still attempting to gain control of her right arm. I performed one opened palm distraction blow to her right face thinking it would cause her to comply, but she did not. She laughingly asked, "Are you guys even real cops?" Even with my weight on her, she was able to tense her arms enough that Officer Clark still could not handcuff her. Other officers arrived, assisted Officer Clark, and was finally handcuffed. During handcuffing, she continually stated, "I can`t breathe." I immediately stood up and stepped away, at which point, she was brought up to a sitting position. She had no further complaints. The total time she verbally and physically resisted was just over three (3) minutes.” My review of Officer Clark’s body-worn camera footage revealed some inconsistencies and omissions between Sergeant Novello’s account and what the footage captured. At six minutes and thirty-two seconds into Officer Clark’s video, he informed Sergeant Novello, “Alright, I got ‘em both”, meaning he had successfully handcuffed who was lying face-down with her hands cuffed behind her back. No other officers appeared to have helped Officer Clark and Sergeant Novello apply the handcuffs. Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 6 | Page After being handcuffed, said, “Let me up, please. Let me up. Let me up. I’m cuffed, can you let me up? Hello?” Sergeant Novello was standing several feet away. Officer Clark told “You’re gonna stay down for right now…” At six minutes and forty-seven seconds into Officer Clark’s video (fifteen seconds after had been handcuffed), Sergeant Novello placed his knee on back when it appeared that she was trying to turn over. He yelled at her to “Stop!” and “Relax!” It was then that commented she couldn’t breathe.. It is true that Sergeant Noevllo had laid across when he was struggling to gain control of her arms, but the placement of his knee on her back occurred after handcuffing. Other officers then arrived on scene to assist, the first of whom appeared (in view of the camera) to be Officer Weldon, who went to control legs. Sergeant Novello did not mention in his report that when he directed his team to sit up, he pulled the hair on the top of her head in the course of her being “brought up to a sitting position”. Beyond review of the police report and body-worn camera footage (which is described in the Summary of Allegations), I interviewed Officers Alyssa Weldon, Richard Clark, David Lundgren, and Rafael Cardenas as part of this investigation. A summary of those interviews is provided below: Interview with Officer Alyssa Weldon (EXHIBIT L) I interviewed Officer Alyssa Weldon in my office on Monday August 10, 2020 at approximately 0900 hours. She had been served with written notice of this Internal Affairs investigation on July 23, 2020 (EXHIBIT H). Before beginning the interview, I reminded Officer Weldon she was being interviewed as a witness, and told her she could take a break at any time to tend to personal needs (food, water, restroom, breaks etc.) The interview was conducted during her regularly scheduled work hours. Officer Weldon was further told that she was required to answer all questions truthfully and completely, and that failure to do so could be considered insubordination and could subject her to discipline up to and including termination. She said she understood. In summary, Officer Weldon recounted the call for service she and Officer Sholin had been dispatched to: There was a report of a man and woman on bicycles going through mailboxes at the west end of Sycamore Lane at the entrance to the cemetery. When Officer Sholin arrived, he noticed a man (subsequently identified as ) hiding behind one of the stone pillars at the cemetery Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 7 | Page entrance. was handcuffed and sat on the ground at the front of Officer Sholin’s patrol car. Suka had mentioned being in the company of a female, but he didn’t provide her name. Officer Weldon said one of the mailboxes at the cemetery entrance was open and had garbage in it. said the aforementioned mailbox belonged to the female he was with, and she lived on the cemetery grounds. said he and the female had been “just checking the mail”. Officer Weldon said Sergeant Novello arrived on scene after had been sat in front of Officer Sholin’s car. She said he had self-dispatched to the scene. She said Officer Richard Clark arrived on scene as well. Officer Weldon said she did not see the female in the area who had been accompanying but Sergeant Novello said he saw a woman riding a bicycle eastbound on Sycamore Lane and went in search of her. Sergeant Novello then transmitted that he had contacted an “uncooperative” subject; Officer Clark left the cemetery to assist Sergeant Novello, followed by Dispatch requesting additional units to assist. Officer Sholin stayed with who was cooperative, and Officer Weldon left to assist Officer Clark and Sergeant Novello. Officer Weldon said she, Officer David Lundgren, and Officer Rafael Cardenas all responded to Acorn Drive, where Sergeant Novello and Officer Clark were struggling with the female suspect. Officer Weldon was technically the last of the three to arrive, although they were all running up to the scene in close proximity to one another. Officer Weldon said Officers Cardenas and Lundgren helped to handcuff the female subject ( When asked to clarify who had actually assisted with the handcuffing, Officer Weldon said, “I’m not sure who applied the handcuffs”. After the female suspect was handcuffed, Officer Weldon said, “I saw Sergeant Novello help her sit up by pulling up her hair.” I asked her to describe how Sergeant Novello pulled the suspect by her hair. Officer Weldon said, “He grabbed a handful of her hair and lifted it up to get the momentum going to sit her up.” She said Sergeant Novello grabbed the “top-back area of her head”. I asked Officer Weldon, “And she was handcuffed at that time?” Officer Weldon said, “Correct”. I asked Officer Weldon how reacted to having her hair pulled; Officer Weldon said “screamed” throughout the incident, but said nothing specific about her hair being pulled. I asked Officer Weldon if she saw Sergeant Novello place his knee on back; she said, “Not that I remember, no.” I asked Officer Weldon about her proximity to Sergeant Novello and when he pulled her hair. Officer Weldon said she was “inches away” from them, near head. Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 8 | Page I asked Officer Weldon what she thought about Sergeant Novello pulling hair as a means of getting her to sit up. Officer Weldon said, “I think there are better ways to do that, and we’ve learned other ways in defensive tactics to get a subject into a seated position.” I asked Officer Weldon if she had received instruction in hair pulling at the police academy or in defensive tactics training; she said, “No; while they’re in handcuffs? No.” I asked her what, if anything, the academy teaches with respect to pulling hair to control suspects; she said, “They talk about hair take-downs”. She provided an example of performing a weapons pat-search on a suspect, feeling a gun on his person, and if needed, using a hair-pull take-down to quickly bring the suspect to the ground and subdue him. She said, “Other than that, no.” I asked Officer Weldon why she thought Sergeant Novello pulled the suspect’s hair; she speculated it may have been “adrenaline, or he thought it was right at the time”. She said she did not know why he did it. My interview with Officer Weldon concluded at approximately 0920 hours. Interview with Officer Richard Clark (EXHIBIT N) I interviewed Officer Richard Clark in my office on Monday September 14, 2020 at approximately 1652 hours. He had been served with written notice of this Internal Affairs investigation on July 23, 2020 (EXHIBIT I). Before beginning the interview, I reminded Officer Clark he was being interviewed as a witness, and told him he could take a break at any time to tend to personal needs (food, water, restroom, breaks etc.) The interview was conducted during his regularly scheduled work hours. Officer Clark was further told that he was required to answer all questions truthfully and completely, and that failure to do so could be considered insubordination and could subject him to discipline up to and including termination. He said he understood. I recounted the circumstances of the initial call for service involving and and asked Officer Clark to correct me if I was in error. Officer Clark concurred with my summary of the initial call for service. Regarding his involvement in the incident, Officer Clark stated the following in summary: Officer Clark said he had been re-entering Petaluma city limits when the call for service was broadcast; Officer Clark had been returning from a prisoner transport to Sonoma County Jail. Officer Clark had transported an arrestee of Officer Sholin’s to the jail and sought to give Officer Sholin his handcuffs and County Jail booking paperwork upon his return. Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 9 | Page had been detained at the cemetery entrance by Officers Weldon and Sholin, while Sergeant Novello went in search of a female who rode away from the area on a bicycle. Officer Clark assisted Sergeant Novello with that search. Officer Clark said he saw Sergeant Novello attempt to physically detain the female ( who physically resisted; Officer Clark said he was approximately 15-20 yards away when the altercation between Sergeant Novello and began. Officer Clark grabbed left arm in an effort to help detain her. Officer Clark, and Sergeant Novello subsequently “went to the ground”. Officer Clark said Sergeant Novello gave several “distraction blows” to her upper back while they were struggling to detain her. Officer Clark said he was eventually able to handcuff he said Officers Cardenas, Weldon, and Lundgren arrived on scene after had already been handcuffed. Officer Clark said tried to roll over (off of her stomach) after she was handcuffed, and he (Clark) told her not to. Officer Clark said Sergeant Novello then gave either a “distraction jab” to her upper back or used his knee to pin her down; Officer Clark was uncertain which. However, the action taken by Sergeant Novello occurred after had been handcuffed. I told Officer Clark to assume, for the sake of argument, Sergeant Novello had used his knee to pin down. I asked Officer Clark whether he thought such action was necessary. Officer Clark said, “I would have done things differently, I believe at that point she was controlled by myself enough where I felt comfortable having her on her stomach.” He added, “She didn’t present as much of a threat to me at all.” I asked Officer Clark if he thought effort to turn over after being handcuffed was an attempt by her to commit a battery; Officer Clark said, “No.” Officer Clark said had resisted being detained and had been “erratic” during the contact, but Sergeant Novello’s post- handcuffing action (whether it was a “distraction jab” or knee placed on back) was not necessary. Officer Clark did not see Sergeant Novello place his hand on head, nor did he witness him pull hair. Interview with Officer David Lundgren (EXHIBIT O) I interviewed Officer David Lundgren in my office on the morning of Wednesday September 16, 2020, close to the end of his graveyard patrol shift. Officer Lundgren had been served with written notice of this Internal Affairs investigation on September 15, 2020 (EXHIBIT J). Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 10 | Page Before beginning the interview, I reminded Officer Lundgren he was being interviewed as a witness, and told him he could take a break at any time to tend to personal needs (food, water, restroom, breaks etc.) The interview was conducted during his regularly scheduled work hours. Officer Lundgren was further told that he was required to answer all questions truthfully and completely, and that failure to do so could be considered insubordination and could subject him to discipline up to and including termination. He said he understood. In summary, Officer Lundgren said he arrived on the scene of arrest after had already been handcuffed. Officer Lundgren did not see Sergeant Novello place his knee on back, he did not see Sergeant Novello deliver “distraction strikes” to nor did he see Sergeant Novello pull hair. Officer Lundgren did not have his body-worn camera activated during the contact with Interview with Officer Rafael Cardenas (EXHIBIT P) I interviewed Officer Rafael Cardenas via telephone in my office on Thursday September 17, 2020. Officer Cardenas was placed on “speaker phone”, and I advised him I was recording the interview. I recognized his voice as being that of Officer Rafael Cardenas, and I had dialed his personal cell phone number to reach him. I told him he could record the interview if he wished, and I would e-mail him a copy of my recording. Officer Cardenas had been served with written notice of this Internal Affairs investigation on September 15, 2020 (EXHIBIT K). Before beginning the interview, I reminded Officer Cardenas he was being interviewed as a witness; I told him he could take a break at any time to tend to personal needs (food, water, restroom, breaks etc.) Officer Cardenas was further told that he was required to answer all questions truthfully and completely, and that failure to do so could be considered insubordination and could subject him to discipline up to and including termination. He said he understood. I began by summarizing the circumstances of the call for service which led to the contact with and I asked Officer Cardenas to describe what he saw and did when he arrived at the location where she had been detained. In summary, Officer Cardenas said he believed had already been handcuffed when he arrived, but he could not be sure, and he wasn’t sure if he had assisted with handcuffing her. Officer Cardenas did not recall seeing Sergeant Novello place his knee on back during the incident, nor did he recall seeing Sergeant Novello pull hair. Officer Cardenas’s body-worn camera was activated after was handcuffed and already sat upright. Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 11 | Page Interview with Sergeant Lance Novello Sergeant Novello resigned from employment with the Petaluma Police Department on the day he was scheduled to be interviewed by me on this matter (October 12, 2020). CONCLUSIONS It could be argued that Sergeant Novello’s lack of tactical communication upon first encountering contributed to what would ultimately become a protracted physical struggle with her; he made no effort to explain to (in a credible way) why she was being detained. asked Sergeant Novello upon being stopped why the police were in her “driveway”, and she gave her numerical address (which lies within the cemetery grounds). There was an opportunity for Sergeant Novello to further “lock” into a statement and/or explore her involvement in a crime, given she had just spontaneously placed herself at the scene of detention at the entrance to the cemetery, where the suspicious activity was reported to have taken place. There was also no explanation as to why Sergeant Novello didn’t wait for back-up to arrive on scene before deciding to physically detain this runs counter to long-established Petaluma Police Department practices and basic officer safety. It appeared to me that Sergeant Novello grew frustrated with refusal to obey his commands to “take a seat”, and her continued questioning of his authority; in lieu of providing a credible explanation for the detention (which he had opportunity to do, as she wasn’t being hostile or threatening), he offered an improvised reason (improper bicycle lighting equipment) and acted to physically detain her by himself. That said, once Sergeant Novello attempted to detain she did vigorously resist. In my view, Sergeant Novello’s initial use of force to overcome that resistance and get her handcuffed was within policy and the law. Sergeant Novello’s use of language in the process (“Quit goddamn resisting”) diminished his professionalism in applying force; Sergeant Novello has been admonished and formally disciplined in the past regarding unprofessional language. Once Sergeant Novello (with the help of Officer Richard Clark) detained in handcuffs, she remained face-down on the sidewalk. About fifteen seconds after she was handcuffed, attempted to turn over; Sergeant Novello placed his knee on back, yelling loudly for her to “Stop!” and to “Relax!”. Why she was not simply put into a patrol car instead was never explained. By then, more officers had arrived (Officers Weldon, Cardenas, and Lundgren). There were now four officers on scene to assist Sergeant Novello with Sergeant Novello ordered his Internal Affairs Investigation 20TR-0007; Sergeant Lance Novello #2363 July 23, 2020 12 | Page team to help sit up; Sergeant Novello grabbed the top of hair and pulled it as he helped sit up, causing her obvious pain as shown in still photographs of the incident. The pulling of hair (which appeared to be deliberate) served no constructive purpose and was not reasonable or justifiable, given was handcuffed and four officers were on hand to assist Sergeant Novello. When interviewed, both Officers Weldon and Clark expressed their respective reservations concerning Sergeant Novello’s use of force against DISPOSITION As a result of the investigation, I have determined that there is factual basis for the allegations and as such, I have determined the following disposition regarding violations of the following policies: Petaluma Police Department Policy section 340.5.9 (b), Conduct: Unreasonable and Unwarranted force to a person encountered or a person under arrest. SUSTAINED Petaluma Police Department Policy section 340.5.9 (g), Conduct: Use of obscene, indecent, profane, or derogatory language while on duty or in uniform. SUSTAINED Petaluma Police Department Policy section 340.5.9 (m), Conduct: Any other on or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. SUSTAINED SIGNATURE LINE _______________________ Lt. Ed Crosby #1749 Petaluma Police Department