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HomeMy WebLinkAboutIA REPORT 20TR-0005 Final11320_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-0005; Sergeant Lance Novello #2363 DATE OF COMPLAINT July 21, 2020 DATE OF INCIDENT July 20, 2020 NATURE OF COMPLAINT This complaint alleges that Sergeant Lance Novello #2363: • Used unreasonable and unwarranted force on complainant • Exceeded lawful peace officer powers by unreasonable, unlawful, or excessive conduct toward complainant • Acted in a discourteous and disrespectful manner toward complainant • Used profane language toward complainant while on duty and in uniform • Acted in a manner that Sergeant Novello reasonably should have known was unbecoming a member of the Petaluma Police Department, contrary to good order, and reflected unfavorably upon the department • Engaged in criminal and disgraceful conduct toward complainant that adversely affected his relationship with the Petaluma Police Department • Committed a battery against complainant per California Penal Code section 242 • Committed assault under color of authority against per California Penal Code section 149 • Committed sexual battery against per California Penal Code section 243.4 (e) (1) Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 2 | Page 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 (c), Conduct: Exceeding Lawful Peace Officer Powers by unreasonable, unlawful or excessive conduct. Petaluma Police Department Policy section 340.5.9 (f), Conduct: Discourteous, disrespectful, or discriminatory treatment of any member of the public or any member of this department or the City. 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. Petaluma Police Department Policy section 340.5.9 (h), Conduct: Criminal, dishonest, or disgraceful conduct, whether on or off-duty, that adversely affects the member’s relationship with this department. California Penal Code section 242 A battery is any willful and unlawful use of force or violence upon the person of another. California Penal Code section 149 Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. California Penal Code section 243.4 (e)(1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (2) As used in this subdivision, “touches” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 3 | Page (g) As used in this section, the following terms have the following meanings: (1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female. ALLEGED EMPLOYEE(S) INVOLVED Petaluma Police Sergeant Lance Novello #2363 WITNESSES Officer Jake Gutierrez #3188 Officer Nick Raccanello #2745 Officer Richard Clark #3415 Officer Matthew Williams #3412 SUMMARY OF ALLEGATIONS On the late evening of Monday July 20, 2020 Petaluma Police Department Sergeant Lance Novello and Officers Gutierrez, Raccanello, Clark, and Williams encountered complainant and her mother in the ER parking lot of Petaluma Valley Hospital. had been brought to Petaluma Valley Hospital by in the aftermath of a traffic collision they had been involved in not long before. Officers Clark and Williams were already acquainted with from responding to that collision. Sergeant Novello and witnessing officers had just concluded placing a subject on a mental health hold per 5150 WIC in the hospital ER. That subject was not involved in this investigation, nor in the aforementioned collision. sat in the driver’s seat of car in the ER parking lot, with the driver’s door open. spoke with officers near the ER entrance. had the keys to the car. said according to objected to being taken to Petaluma Valley Hospital and wanted to go to Kaiser Permanente Hospital in Santa Rosa instead. refused to drive to Kaiser, and an argument ensued between them. During this argument, threw one of her shoes at car (which had borrowed from someone else). attempted to drive away but acknowledged she may have run over one of feet in the process. said this was not intentional; had been standing close to the rear driver’s side of the vehicle when tried to drive away. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 4 | Page insisted on having her mother arrested for running over her foot. She claimed officers had refused to photograph her foot, and among other things she commented on how PVH staff had dropped her on her head in the ER “on a COVID-covered floor”. At one point, declared she didn’t want to talk with officers further about the incident regarding her mother, and said she was going to close the car door. Officer Clark told she could not close the car door. asked Officer Clark if she was detained. Officer Clark told her she was. asked him why she was being detained. Officer Clark told her she was detained because he needed to figure out what kind of help she needed. while upset, had made no statements nor undertaken any actions in front of officers to suggest she posed a danger to herself or others. Specifically, she told Officer Clark she was not contemplating self-harm nor harming others. Sergeant Novello, who was standing nearby, told she was not detained and was free to leave; however, he would not allow her to close the car door. asked why, and Sergeant Novello said, “Because that’s the way it is, you’re gonna have to get over it.” He offered no further explanation. said she didn’t want to leave; she wanted to close the door because she didn’t want to speak with the police anymore. She questioned the legality of Sergeant Novello not allowing her to close the car door, and the two became involved in an argument over the issue. asked Sergeant Novello whether she was detained. Sergeant Novello replied, “No, I just told you, you’re free to go, you need to start listening. That’s the problem with you, you don’t listen. Shut your mouth and listen.” Sergeant Novello told “Shut your mouth and listen” twice. In response to this, repeatedly asked Sergeant Novello for his name and badge number. Sergeant Novello walked over to to confer with her; while walking over to asked for his name and badge number; he replied, “Nope.” Arrangements were made for a taxi (at expense) to pick up and take her to Kaiser. When she was notified of this, said she wasn’t going to leave until she had Sergeant Novello’s name and badge number. obtained a pen and a piece of paper from car, exited the vehicle on her own volition, and walked toward Sergeant Novello, saying “Sir, please---“. Sergeant Novello told her, “You’re free to leave.” replied, “Please, OK, that’s great, I need your last name..” Sergeant Novello, saying nothing, suddenly advanced toward and bumped her chest-to- chest, his hands holding onto his duty belt. took two steps back from the impact of the chest bump. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 5 | Page Sergeant Novello then pointed to the name tag on his uniform, saying “It’s right there, do you see it? It’s right there.” began to loudly protest being bumped by Sergeant Novello, who claimed he hadn’t been acting aggressively; he said he had approached her to show her his name tag (“I’m just getting close so you could see it, it’s dark.”) became very upset and agitated; she held her pen up close to Sergeant Novello’s nose, repeatedly yelling, “Why did you just put your body on me?” As she admonished him by pointing the pen toward his face, the pen came within a couple of inches of Sergeant Novello’s nose. Sergeant Novello stood motionless and speechless for approximately three seconds while berated him with the pen; he did not flinch, his head and chin were jutted forward, and his hands were holding the sides of his duty belt. He did not undertake any tactical repositioning nor make any effort to verbally de-escalate the situation. Suddenly, Sergeant Novello grabbed right arm and wrist and applied a twist-lock control hold, telling “Get your fucking hand out of my face.” He further told “Do not ever point something in my face. Are you done”? He offered to release the control hold if she agreed to calm down. told Sergeant Novello that he had just “cracked” her wrist. He denied this and told her she could get her wrist examined at Kaiser. continued to berate Sergeant Novello for his behavior and suggested he had chest-bumped her in order to make physical contact with her breasts, and said she wanted to know if he “gets off” by “putting his hands on black girls”. ultimately left the scene in the taxi that arrived for her. At no time did make physical contact with Sergeant Novello, other than when he initiated it (the chest-bump and application of the control hold). had made no statements indicating she wanted or intended to harm officers. Early on the morning of July 21, 2020 arrived at the Petaluma Police Department to file a complaint against Sergeant Novello, who by that time had gone off-duty. Sergeant Ryan Suhrke, the graveyard patrol shift supervisor, met with and accepted the complaint. Sergeant Suhrke subsequently informed Lieutenant Jeremy Walsh of the complaint later that morning, and Lieutenant Walsh shared a summary of the complaint at the weekly Command Staff meeting that day. At that meeting, I was assigned to conduct the Internal Affairs investigation into this matter. subsequently told me she wanted Sergeant Novello criminally prosecuted for his behavior toward her; the conducting of the criminal investigation was referred directly to the Sonoma County District Attorney’s Office. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 6 | Page 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 #2363 violated department policy and /or California law with respect to the allegations referenced herein are as follows: • EXHIBIT A: Video of Complaint by to Sergeant Suhrke • EXHIBIT B: Sgt. Novello’s E-Mail to Lt. Walsh re: • EXHIBIT C1: Sgt. Novello’s “Blue Team” Entry re: • EXHIBIT C2: “Blue Team” Routing re: • EXHIBIT D: Copy of Report 20-2438 Written by Sgt. Novello • EXHIBIT E: Body-Worn Camera Footage of Sgt. Novello • EXHIBIT F: Body-Worn Camera Footage of Officer R. Clark • EXHIBIT G: Body-Worn Camera Footage of Officer N. Raccanello • EXHIBIT H: Body-Worn Camera Footage of Officer J. Gutierrez • EXHIBIT I: Body-Worn Camera Footage of Officer M. Williams • EXHIBIT J: Video of “Chest Bump” Frame-by-Frame • EXHIBIT K: Video of “Pen in Face” Frame-by-Frame • EXHIBIT L: Video of “Wrist Lock” Frame-by-Frame • EXHIBIT M: Initial Phone Contact with and • EXHIBIT N1: Interview with Part One • EXHIBIT N2: Interview with Part Two • EXHIBIT N3: Phone Conversation with re: Criminal Charges • EXHIBIT O1-O4: Follow-Up Photos of July 23, 2020 • EXHIBIT P1-P6: IA and Admin Leave Notifications to Sergeant Novello • EXHIBIT Q1-Q2: Witness Notices to Officer Richard Clark • EXHIBIT R1-R2: Witness Notices to Officer Nick Raccanello • EXHIBIT S1-S2: Witness Notices to Officer Jake Gutierrez • EXHIBIT T1-T2: Witness Notices to Officer Matt Williams Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 7 | Page INVESTIGATION This matter was first brought to my attention by Sergeant Lance Novello’s immediate supervisor Lieutenant Jeremy Walsh, who discussed it in a Command Staff meeting on the morning of Tuesday, July 21, 2020. As Lieutenant Walsh had not yet been to Internal Affairs Investigations school and I was already investigating Sergeant Novello on another matter, it was decided that I would adopt the investigation of the incident as well. In the Command Staff meeting, Lieutenant Walsh said Sergeant Novello had texted him on the early morning of Tuesday July 21, 2020, telling him to check his e-mail. Lieutenant Walsh checked his e-mail and saw one sent to him by Sergeant Novello (EXHIBIT B), making reference to the incident with Sergeant Novello had also created a “Blue Team” entry for Lieutenant Walsh’s review regarding the incident involving (EXHIBITS C1-C2). Lieutenant Walsh conferred with Sgt. Ryan Suhrke, who was about to go off-duty after working the graveyard shift. Sergeant Suhrke had accepted the complaint from (EXHIBIT A). “Blue Team” is an on-line database used by supervisors and administrators for documentation of various personnel matters and gathering statistical data. These include (but are not limited to) documented counseling, commendations, summaries advising administrators of potential incoming complaints, summaries of vehicle pursuits engaged in by officers, summaries of vehicle collisions involving officers, and summaries advising administrators of use of force incidents that have occurred. “Blue Team” notifications allow administrators to keep informed of and to review such matters in depth as necessary or appropriate. A typical example of what a “Blue Team” entry would consist of would be a Sergeant noting a use of force incident involving a member of his or her team. The Sergeant would provide a brief summary of the incident and follow prompts for the input of such data as date, time, location, injuries, type of force used, descriptive/identifying information of the suspect, reference to a case number, and an assessment by the Sergeant as to whether the force used fell within the bounds of Petaluma Police Department policy. A Lieutenant (typically the inputting Sergeant’s direct supervisor) would review the “Blue Team” entry and might elect to delve further into reviewing the matter if the Lieutenant felt circumstances warranted it. This could include reviewing body-worn camera footage of a given incident. If the Lieutenant is satisfied that the “Blue Team” entry is accurate, he or she would “approve” it with an electronic signature. If the Lieutenant had remaining questions or concerns about the incident, he or she would confer with the Sergeant who wrote the “Blue Team” entry and/or initiate further review of the incident, which could include an Internal Affairs investigation. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 8 | Page “Blue Team” is not used for dispensing discipline. Internal Affairs investigations are documented in another on-line program linked to “Blue Team” called “IA Pro”. I began the investigation by reviewing the body-worn camera footage of Petaluma Police Department personnel Sergeant Lance Novello, Officer Richard Clark, Officer Nick Raccanello, Officer Jake Gutierrez, and Officer Matt Williams, as well as by reviewing Petaluma Police Department report 20-2438, Sergeant Novello’s “Blue Team” entry, and his e-mail to Lt. Walsh. The most significant and informative body-worn camera footage was captured by Sergeant Novello, Officer Clark, and Officer Raccanello (EXHIBITS E, F, G). Officer Raccanello’s body-worn camera footage (EXHIBIT G) most clearly captured the use of force allegations in this case, followed by Officer Clark’s (EXHIBIT F). Although he was present for the entirety of the incident and appears in other officers’ video, Officer Williams’s body-worn camera was not activated until after Sergeant Novello had released from the control hold and the incident was largely over (EXHIBIT I). Officer Gutierrez’s body-worn camera was activated for much of the incident, but Sergeant Novello’s use of force (i.e. the “chest bump” and control hold) was poorly captured, as much of it occurred off-camera or on its periphery (EXHIBIT H). The following is a summary of what the aforementioned officers’ body-worn camera video footage revealed (principally Officers Raccanello, Clark, and Sergeant Novello). The body-worn camera footage of the aforementioned officers was largely consistent with regard to audio and visual content. On the late evening of Monday July 20, 2020 at approximately 2304 hours, Petaluma Police Department Sergeant Lance Novello and Officers Gutierrez, Raccanello, Clark, and Williams encountered complainant and her mother in the ER parking lot of Petaluma Valley Hospital. had been brought to Petaluma Valley Hospital by in the aftermath of a traffic collision they had been involved in earlier in the evening (Petaluma PD case 20-2434 at approximately 2049 hours). Officers Clark and Williams had responded to the collision in question, and thus were already acquainted with Sergeant Novello had not been on the scene of the collision. Sergeant Novello and other officers had just concluded placing a man on a mental health hold per 5150 WIC in the hospital ER. That subject was not involved in this investigation, nor in the aforementioned collision. sat in the driver’s seat of car in the ER lot with the driver’s door open. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 9 | Page spoke alternately with Officers Clark and Raccanello near the ER entrance. said she had the keys to the car, which she had borrowed from someone else. said objected to being taken to Petaluma Valley Hospital and wanted to go to Kaiser Permanente Hospital in Santa Rosa instead. refused to drive to Kaiser, and an argument ensued between them. During this argument, threw one of her shoes at car. attempted to drive away because she didn’t want to damage her friend’s car ( said about “She’s very vindictive, and she damages stuff”) but acknowledged she may have run over one of feet in the process (“I probably did”.). told Officer Raccanello this was not intentional; had been standing close to the rear driver’s side of the vehicle when tried to drive away. said, “If she wants to press charges, let her press charges.” Sergeant Novello was not present for this initial conversation with Officers Clark and Raccanello also alternated between talking with who sat in the car; while Officers Raccanello and Clark spoke with Sergeant Novello and Officers Williams and Gutierrez stood nearby. insisted on having her mother arrested for running over her right foot. She claimed officers had refused to photograph her foot, and among other things she commented on how PVH staff had dropped her on her head in the ER “on a COVID-covered floor”. She claimed to have had a seizure from the collision and passed out, and her mother brought her to Petaluma Valley Hospital ( confirmed this when talking with Officer Raccanello earlier; said had also vomited). did not want to go to Petaluma Valley Hospital because of a bad experience she had there in the aftermath of a kidnapping case she was a victim of (Petaluma PD case 17-5785 from November of 2017). while upset and sometimes talking over/interrupting officers, was lucid and had made no statements nor had undertaken any actions to suggest she posed a danger to herself or others. Officer Clark had also specifically asked her whether she had thoughts or harming herself or anyone else. answered “No” to both questions. At one point, declared she didn’t want to talk with officers further about the incident involving her mother, and said she was going to close the car door. She also noted that had the keys to the car. Officer Clark told she could not close the car door. asked Officer Clark if she was detained. Officer Clark told her she was. asked him why she was being detained. Officer Clark told her she was detained “because we’re trying to figure out what you need”. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 10 | Page Sergeant Novello, who was standing nearby, interjected and told she was not detained and was free to leave; however, he would not allow her to close the car door. asked why, and Sergeant Novello said, “Because that’s the way it is, you’re gonna have to get over it.” He offered no further explanation. said she didn’t want to leave; she wanted to close the door because she didn’t want to speak with the police anymore. She questioned the legality of Sergeant Novello not allowing her to close the car door, and the two became involved in an argument over the issue. asked Sergeant Novello again whether she was detained. Sergeant Novello replied, “No, I just told you, you’re free to go, you need to start listening. That’s the problem with you, you don’t listen. Shut your mouth and listen.” asked, “So as a black woman, I need to listen to you?” Sergeant Novello replied “You’re a human being is what you are, you’re a human being just like the rest of us…” asked, “I need to shut my mouth?” Sergeant Novello said, “Yes, you do.” asked again, “I need to shut my mouth?” Sergeant Novello replied, “Yes”. asked, “Really”? Sergeant Novello said, “Yes”. He continued, “That’s your whole problem tonight, is that you’re not listening, and you won’t shut your mouth.” Sergeant Novello walked over to to confer with her; while walking over to asked Sergeant Novello, “So I need to shut my mouth, officer?” He replied, “Yes”. asked, “Can I have your badge number and your card please, officer?” Sergeant Novello replied, “Nope” and ignored her other requests. The conversation with pertained to making arrangements for a taxi to pick up and take her to Kaiser. I heard no discussion between them regarding . When Sergeant Novello walked back to and she was notified of the taxi coming for her, said she wasn’t going to leave until she had Sergeant Novello’s name and badge number. obtained a pen and a piece of paper from car, exited the vehicle on her own volition, and walked (with a visible limp) toward Sergeant Novello, saying “I want his name and his badge number. Addressing Sergeant Novello, said, “Sir, please---". Sergeant Novello told her, “You’re free to leave.” replied, “Please, OK, that’s great, I need your last name--- “. Sergeant Novello, saying nothing, suddenly advanced toward and bumped her chest-to- chest, his hands resting on his duty belt. took two steps back from the impact of the chest bump. Sergeant Novello then pointed to the name tag on his uniform, saying “It’s right there, do you see it? It’s right there.” began to loudly protest about Sergeant Novello acting “aggressively” toward her. Sergeant Novello claimed he hadn’t been acting aggressively; he said he had approached her to show her his name tag (“I’m just getting close so you could see it, it’s dark.”) Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 11 | Page became very upset and agitated; she held her pen up close to Sergeant Novello’s face, repeatedly yelling, “Why did you just put your body on me?” As she admonished him by pointing the pen toward his face, the pen came within a couple of inches of Sergeant Novello’s nose. Sergeant Novello stood motionless and speechless for approximately three seconds while berated him with the pen; he did not flinch, his head/chin were jutted forward, and his hands were holding the sides of his duty belt. He did not undertake any tactical repositioning, nor attempt any verbal de-escalation techniques. Suddenly, Sergeant Novello grabbed right arm and wrist and applied a twist-lock control hold, telling “Get your fucking hand out of my face.” He further told “Do not ever point something in my face. Are you done”? He offered to release the control hold if she agreed to calm down. told Sergeant Novello that he had just “cracked” her wrist. He denied this and told her she could get her wrist examined at Kaiser. continued to berate Sergeant Novello for his behavior and suggested he had chest-bumped her in order to make physical contact with her breasts; she said she wanted to know if he “gets off” by “putting his hands on black girls” and accused him of touching her breasts. ultimately left the scene in the taxi that arrived for her. At no time did make physical contact with Sergeant Novello, other than when he initiated it (i.e. the chest-bump and application of the control hold). Early on the morning of July 21, 2020 arrived at the Petaluma Police Department to file a complaint against Sergeant Novello, who by that time had gone off-duty. Sergeant Ryan Suhrke met with and accepted the complaint (EXHIBIT A). Sergeant Suhrke subsequently informed Lieutenant Jeremy Walsh of the complaint later that morning, and Lieutenant Walsh shared a summary of the complaint at the weekly Command Staff meeting that day. Review of Sergeant Novello’s E-Mail and “Blue Team” Entry to Lt. Walsh Sergeant Novello had sent an e-mail to Lt. Walsh on Tuesday July 21, 2020 at approximately 0406 hours (EXHIBIT B) to advise him of a “possible complaint”. In the e-mail, Sergeant Novello admitted to telling to “shut her mouth and listen”, he said he grabbed wrist when she pointed a pen within inches of his face, and he denied pushing her or touching her breasts with his hands. Sergeant Novello noted he had written an informational report (EXHIBIT D) and completed a “pre-emptive BT (i.e. ‘Blue Team’) Supervisor Complaint” (EXHIBITS C1-C2). He further noted, “All the details are in the reports”. In his e-mail to Lt. Walsh and in his “Blue Team” entry, Sergeant Novello called attention to (per mother and acting in a during the Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 12 | Page incident. In the “Blue Team” summary, Sergeant Novello said Officer Clark had “mistakenly” told she was detained. Sergeant Novello said he told she was free to leave, but she would not be allowed to shut the car door (he did not elaborate why). Sergeant Novello then admitted to telling to “shut her mouth and listen” while she sat in the driver’s seat of car. Sergeant Novello said he told her this “due to her underlying demeanor”. Per Sergeant Novello, this “caused her to become enraged”. Sergeant Novello said “demanded my name and badge number”, and “At one point, she swiftly approached me, demanding my information”. Sergeant Novello continued, “As she did, I took one step forward, and we bumped chest to chest.” Sergeant Novello did not elaborate as to why he stepped forward. Sergeant Novello said claimed he had pushed her. Disputing this, Sergeant Novello wrote, “I did not, and my hands remained on my belt the entire time”. Sergeant Novello went on to describe how he took hold of right wrist and held it to her side for approximately 25 seconds after she held a pen within two inches of his face. He said he did this because of “not knowing her intentions and her elevated state”. Review of Sergeant Novello’s Informational Report 20-2438 (EXHIBIT D) with Comparisons to Body-Worn Camera Footage (EXHIBIT E) To summarize, in the report Sergeant Novello identified himself as having been the on-duty patrol supervisor during this incident. He, Officer Williams, and Officer Clark had been at the Petaluma Valley Hospital ER tending to a man placed on a mental health hold per 5150 WIC. Sergeant Novello noted had been involved in a traffic collision earlier in the evening and was also in the ER a few beds away. Sergeant Novello noted was sitting on the floor under a hospital bed, “loudly claiming staff threw her to the floor”; he said “screamed that one of the staff made a comment about her race; she was African American. She continued to cause a loud disruption until she was eventually released to her mother.” A few minutes after left the ER with her mother, staff noted and her mother were involved in an altercation in the ER parking lot. Sergeant Novello went to investigate, along with Officers Clark and Williams. When they went outside, Officers Nick Raccanello and Jake Gutierrez were speaking with who sat in the driver’s seat of car with the door open. Sergeant Novello activated his body-worn camera and intended to “merely supervise the situation” (EXHIBIT E). He noted Officer Clark assessed for 5150 WIC and found she did not meet the criteria for a detention, but she “remained at an elevated demeanor”. This demeanor was not described further. Sergeant Novello noted wanted to close the driver’s door, and Officer Clark told her not to. asked if she was being detained, and Officer Clark told her she was. Sergeant Novello wrote, “Due to a lack of any obvious detention factor(s), I advised her she was not detained but Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 13 | Page would not be closing the door. This was because we did not know if she had the keys or any potential weapons in the vehicle.” From my review of the body-worn camera footage, this explanation was never articulated to by any officer on scene (including Sergeant Novello), nor was it articulated in Sergeant Novello’s “Blue Team” entry, nor in his e-mail to Lt. Walsh. Both and had also stated to Officers Clark and Raccanello that had the keys to the car. told Sergeant Novello she did not want to leave, and she questioned the legality of not being allowed to close the car door. She again asked if she was being detained. Sergeant Novello wrote, “She further elevated her demeanor and attempted to talk through me. I told her, ‘Shut your mouth and listen’, twice.” Sergeant Novello continued, “She then asked, ‘As a black woman, I need to shut my mouth?’ Sergeant Novello did not include his response to that question in his report; his response was, “You’re a human being is what you are, you’re a human being just like the rest of us…That’s your whole problem tonight, is that you’re not listening, and you won’t shut your mouth.” Sergeant Novello continued, “As we were clearly not going to reason with I walked over to Officer Raccanello and asked what more needed to be done so that we could mitigate any further disturbance. continued her rant and demanded my name and badge number from a distance.” Sergeant Novello did not elaborate as to why he or the other officers were unable to reason with no efforts at de-escalation were noted nor seemed to be made by Sergeant Novello, and Sergeant Novello repeatedly telling to “shut her mouth” appeared to have escalated the situation. In his “Blue Team” entry, Sergeant Novello explained he told to shut her mouth and listen “due to her underlying demeanor”. He did not explain how demeanor (which in my view was not hostile or belligerent) justified or warranted such a statement on his part, nor did he explain how telling her this would help to calm her down. In contrast with Sergeant Novello, Officers Clark, Gutierrez, and Raccanello all had much longer direct verbal interaction with none of them used elevated voices or insults. None of them displayed the obvious frustration and anger that Sergeant Novello did, and had displayed a capacity to respond to questions reasonably and without yelling at them.. In his report, Sergeant Novello, acknowledging had been asking for his name and badge number several times before his “chest bump” with her, did not provide an explanation as to why he did not give her that information. He also neglected to mention an explicit response he gave (“Nope”) to one of requests for his name and badge number (“Can I have your badge number and your card please, officer?”) Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 14 | Page had repeatedly asked for this information; her requests (which at times included the use of polite language, i.e. “Sir” and “please”) were both ignored and explicitly refused. No explanation nor justification for refusing request was ever offered by Sergeant Novello. Sergeant Novello then wrote about how he summoned a taxi for and how she “continued with her rant” about being “illegally” told to “shut up”, among other things. Sergeant Novello wrote, “I walked back toward the vehicle and advised her a taxi was on its way to take her to Kaiser and she was free to leave. She then walked swiftly toward me to write my name and badge number down. At the same time, I took one step forward, and we bumped chest to chest. I did not use my hands in any way, and they remained on my belt the entire time. I did not push her.” From my review of body-worn camera footage, it appeared had a visible limp as she exited car and walked toward Sergeant Novello. Before exiting the car, she explicitly stated her intention was to get Sergeant Novello’s name and badge number. She brought a piece of paper and a pen with her from out of the car. Sergeant Novello’s report acknowledged intent was to obtain his name and badge number. approach toward Sergeant Novello was neither particularly swift, nor was it hostile; with pen and paper in hand, she exited car and walked several limping steps toward Sergeant Novello, saying, “Sir, please…” Sergeant Novello interrupted and told her, “You’re free to leave.” replied, “Please, OK, that’s great, I need your last name---“. Sergeant Novello, saying nothing, suddenly advanced toward her and bumped her chest-to-chest, his hands holding onto his duty belt. was knocked back two steps from the impact of the chest bump. While Sergeant Novello’s documentation acknowledged he stepped toward and bumped her chest-to-chest, he never explained in writing why he advanced toward her in the first place. demeanor was not “elevated” as she approached him; she addressed him as “Sir”. With a visible limp, her approach was not “swift”. Her purpose in approaching him was explicit and clear. Sergeant Novello’s approach toward by contrast, was arguably swift and sudden; the impact of bumping chest-to-chest in mid-sentence caught by surprise and caused her to take a couple of steps backward. It is true that Sergeant Novello kept his hands on his duty belt as he advanced toward and “chest-bumped” her, but to argue that he did not push her because he didn’t use his hands would be disingenuous. A “push” or exertion of physical force can be accomplished without the use of hands. Sergeant Novello did not argue, claim, or explain on video (nor in his documentation) that the “chest-bump” was an accident. He offered no apology to for bumping into her. He did not argue, claim or explain (in writing or on video) that advancing toward was in response to a perceived threat from her. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 15 | Page If the latter were the case, keeping his hands on his duty belt while he approached her would not be consistent with sound officer safety tactics and department defensive tactics training. It would have been an unsafe approach toward a citizen he felt to be a potential threat to his safety. After Sergeant Novello “chest-bumped” he explicitly stated he had advanced toward her so she could see the name tag on his uniform. Sergeant Novello pointed to the name tag on his uniform, saying “It’s right there, do you see it? It’s right there…I’m just getting close so you could see it, it’s dark.” This statement indicates Sergeant Novello’s advance toward was neither accidental, nor in response to a perceived threat. What remains is Sergeant Novello’s explanation that he was merely intending to provide with the information she had asked for. This explanation also appeared disingenuous. had repeatedly asked Sergeant Novello for his name and badge number throughout much of the incident, requests he had ignored and at one point explicitly refused. At multiple points during the incident, Sergeant Novello could have easily and professionally provided with his name and badge number without advancing toward her at all. This could have been done by simply reciting his name and badge number (she was prepared to write it down), or by providing her with a department-issued business card. These options would have been consistent with standard practice and reasonable behavior. Why Sergeant Novello was finally and suddenly inspired to provide with the information in such an unusual, intrusive, unprofessional, inefficient, and unsafe manner is not explained in the report narrative. Sergeant Novello continued, describing his application of a control hold on “ remained within inches of my face and asked why I was being ‘aggressive’ with her. She asked, ‘Why did you just push me? Why did you just put your body on me?’ As she asked this, she pointed the pen she was holding in her right hand approximately 2-inches from my face and getting closer. Due to her elevated demeanor and unknown intentions toward me, I obtained a hold of her right wrist with my left hand to maintain my officer safety. I then held her wrist down at her side for approximately 25-seconds until she clamed down slightly. She claimed I ‘cracked’ her wrist as I released it.” This description of behavior is largely accurate, in that she does stand close to Sergeant Novello with a pen in her right hand, pointing it toward his nose only a couple of inches from his face while loudly admonishing him as described. What Sergeant Novello did not describe were his actions while she was doing this. Sergeant Novello stood motionless and speechless for approximately three seconds while loudly berated him while pointing the pen at his face; he did not flinch, his head/chin were jutted Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 16 | Page forward, and his hands were holding the sides of his duty belt. He did not undertake any tactical repositioning, nor attempt any verbal de-escalation techniques. His hands were not in a position to guard against his being stabbed/struck with the pen (nor anything else), had chosen to do so. This was at a point when she was visibly angry, as compared to her polite demeanor when she approached Sergeant Novello to write down his name and badge number and he chose to close the distance with her. Suddenly, Sergeant Novello grabbed right arm and wrist, and (more than simply holding her hand at her side) he applied a twist-lock control hold, telling “Get your fucking hand out of my face.” He further told “Do not ever point something in my face. Are you done”? He offered to release the control hold if she agreed to calm down. told Sergeant Novello that he had just “cracked” her wrist. He denied this and told her she could get her wrist examined at Kaiser. More than just taking a hold of her right wrist, Sergeant Novello had applied a twist-lock control hold on right wrist and arm. He maintained this control hold, by his own admission and on video, for over twenty seconds. had dropped her pen almost immediately after the control hold had been applied, and she did not appear to struggle against the application of the control hold; she was largely silent while it was applied and maintained. In his report, Sergeant Novello stated he maintained his grip on wrist “until she calmed down slightly”. In his report, Sergeant Novello went on to quote continuing “rant” using a level of detail suggesting he reviewed his own body-worn camera footage when preparing to write his report. accused Sergeant Novello of purposefully touching her breasts with his hands and she declared she was going to file a lawsuit. was not handcuffed nor threatened with arrest at any time during this incident, and no case was forwarded to the District Attorney’s Office for review of charges against never made any expressed threats of harm to any of the officers present during this incident, including Sergeant Novello. The most aggressive action she displayed toward the police during this incident was pointing her pen close to Sergeant Novello’s face after being “chest-bumped”. In reviewing Sergeant Novello’s report, it seemed he left out salient details that would have been needed to justify a use of force incident. If Sergeant Novello’s application of force against was reasonable and justifiable in response to a perceived threat posed by her, it raises the question of why she was not arrested, and/or why charges against her were not sought. In Sergeant Novello’s report, he stated regarding pointing a pen at his face: “Due to her elevated demeanor and unknown intentions toward me, I obtained a hold of her right wrist with my left hand to maintain my officer safety.” He did not explain nor articulate whether he Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 17 | Page regarded the pen to be a potential weapon, whether he felt she was brandishing it at him, whether he feared she would batter him or was threatening him, etc. All of those observations and assessments would be standard practice (and part of department policy, specifically Use of Force Policy section 300.3.2) to include in a report justifying a use of force and assessing its reasonableness. Body-Worn Camera Footage Time Markers: Officer Richard Clark (EXHIBIT F) As already noted, the aforementioned accounts of the incident as described in the “Summary of Allegations” and in “Investigation” are congruent with the collective body-worn camera footage of the various officers on the scene (principally Officers Raccanello and Clark, and Sergeant Novello). What follows below are some specific time markers on respective officers’ videos: Officer Clark’s body-worn camera footage began with end of the 5150 detention in the Petaluma Valley Hospital ER that preceded the incident with At approximately 05:25 (five minutes and twenty-five seconds) into his video, Officer Clark went out to the ER parking lot to speak with and her mother. Also, according to CAD data (Event number PE202020132), this occurred at approximately 2304 hours when Petaluma Fire Department personnel reported a possible “5150” in the ER parking lot; Officer Raccanello noted the subject in question was the same person (i.e. involved in the earlier traffic collision that occurred on South McDowell Boulevard and Weaverly Drive at approximately 2049 hours (Petaluma Police Department report 20-2434). Officer Clark stood next to Officer Raccanello, who was talking with sat in the driver’s seat of car; the driver’s door was open. At that point, focus was on insisting her mother be arrested for running over her foot. She also said she wanted to go to Kaiser Hospital instead of Petaluma Valley Hospital because of bad experiences at the latter. At approximately 08:25 into Officer Clark’s video, Officer Raccanello went to confer with while Officer Clark spoke with While was animated and talkative, she was not hostile nor threatening. She appeared lucid and had no obvious physical injuries in the video. Officer Clark asked if she needed medical attention; reiterated she wanted to go to Kaiser, and she wanted to press charges against her mother. She had mentioned throwing up and having had a “seizure”. She said, “I probably should go to the hospital because I’m very confused.” Officer Clark had asked if she were thinking of hurting herself or anyone else; responded “No” to both questions. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 18 | Page At approximately 12:18 into Officer Clark’s video, told Officer Clark she was going to shut the car door and noted had the keys to the vehicle. Officer Clark told her to leave the car door open. asked Officer Clark if she was being detained. Officer Clark said she was. When asked why, Officer Clark told her he needed to determine what help she needed. At approximately 12:29 into Officer Clark’s video, Sergeant Novello interjected and told she was not detained and could leave, but the car door would have to stay open. replied, “I don’t wanna leave. I just wanna close the door because I don’t wanna listen.” At approximately 12:39 into Officer Clark’s video, Sergeant Novello told “Cuz that’s the way it is” when she asked why she had to leave the car door open, and at 12:54 Sergeant Novello told to “Shut your mouth, and listen.” Officer Clark left and Sergeant Novello to confer with and Officer Raccanello near the ER entrance about getting a cab. Sergeant Novello joined them at approximately 13:35 into Officer Clark’s video. Officer Raccanello returned to speak with followed by Officer Clark and Sergeant Novello. At approximately 15:49 into Officer Clark’s video, Sergeant Novello told a taxi would be coming to take her to Kaiser Hospital. repeatedly insisted on getting Sergeant Novello’s name and badge number. At approximately 16:14 into Officer Clark’s video, got a piece of paper and a pen from car and exited on her own. Officer Clark told her a cab was coming for her. Officer Clark’s camera captured footage of exiting the car and walking up to Sergeant Novello. who had a visible limp, took several steps (from 16:18-16:24) toward Sergeant Novello, saying “I want his name and badge number”, and then directly addressed Sergeant Novello, saying “Sir? Please?” Sergeant Novello replied, “You’re free to leave”. said, “OK, that’s great. I need your last name---" Sergeant Novello did not move until approximately 16:24 when he suddenly walked toward and “chest-bumped” her; appeared to be at a full stop by then. At approximately 16:37 into Officer Clark’s video, began yelling at Sergeant Novello while holding a pen up to his face (“Why did you put your body on me?”). At approximately 16:41 into Officer Clark’s video, Sergeant Novello grabbed right arm and applied a twist-lock control hold, telling to “Get your fucking hand out of my face.” Body-Worn Camera Footage Time Markers: Officer Nick Raccanello (EXHIBIT G) From approximately 07:41-07:44 into his video, Officer Raccanello spoke with by the ER entrance while could be heard arguing with Sergeant Novello in the background; Sergeant Novello could be heard telling “Shut your mouth and listen” twice within that time frame. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 19 | Page From approximately 11:08-11:12 into Officer Raccanello’s video, got out of car with a pen and paper and approached Sergeant Novello to get his name and badge number. At 11:14 into the video, Sergeant Novello “chest-bumped” who appeared to be at a full stop by that point. From approximately 11:26-11:29 into Officer Raccanello’s video, held a pen up to Sergeant Novello’s face demanding to know “Why did you put your body on me?” before Sergeant Novello grabbed her right arm and applied a twist-lock control hold, telling to “Get your fucking hand out of my face.” At approximately 11:31 into Officer Raccanello’s video, the pen can be seen dropping to the ground from right hand as Sergeant Novello applies the twist lock control hold, which he then maintains on right arm until approximately 11:56. took no offensive or defensive action with her left hand/arm while the control hold was being applied, and it did not appear she tried to break (escape) the control hold on her right arm; she took no aggressive physical action against officers once the control hold was released. Body-Worn Camera Footage Time Markers: Sergeant Lance Novello (EXHIBIT E) At approximately 06:43-06:46 into his video, Sergeant Novello told to “Shut your mouth and listen.” At approximately 07:07 into his video, Sergeant Novello told “That’s your whole problem tonight, is that you’re not listening, and you won’t shut your mouth.” At approximately 07:20 into his video, Sergeant Novello walked over to meet with at the ER entrance, where they discussed getting a taxi; could be heard in the background asking him for his name and badge number (“Can I have your badge number and your card please, officer?”) Sergeant Novello replied, “Nope”. From approximately 10:12-10:15 into his video, could be seen walking up to Sergeant Novello from car to ask for his name and badge number. At approximately 10:15 into his video, Sergeant Novello suddenly stepped forward toward “chest-bumping” her and causing her to step backward. At approximately 10:23 into his video, Sergeant Novello told “You really need to get a life” as she admonished him about bumping into her. From approximately 10:29-10:32 into Sergeant Novello’s video, held a pen close to Sergeant Novello’s face while demanding to know “Why did you put your body on me?” At approximately 10:32 into the video, Sergeant Novello grabbed right arm and applied a twist-lock control hold, telling her to “Get your fucking hand out of my face.” Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 20 | Page Body-Worn Camera Footage Time Markers: Officer Jake Gutierrez (EXHIBIT H) From approximately 07:03-07:06 into Officer Gutierrez’s video, Sergeant Novello could be heard telling to “Shut your mouth and listen.” At approximately 10:29 into Officer Gutierrez’s video, got out of car and approached Sergeant Novello to get his name and badge number; the “chest-bump” (at approximately 10:36) and application of the wrist-lock control hold largely occurs on the periphery or out of view of Officer Gutierrez’s body-worn camera. At approximately 10:49 into the video, can be heard yelling at Sergeant Novello, “Why did you put your body on me?” Sergeant Novello could be heard saying “Get your fucking hand out of my face” at approximately 10:53 into the video. Body-Worn Camera Footage Time Markers: Officer Matt Williams (EXHIBIT I) Although he appears in other officers’ body-worn camera footage during this incident, Officer Williams’s body-worn camera was not activated until after Sergeant Novello had already released from his control hold. Interview with and Follow-Up Photographs (EXHIBITS M, N1-N3, O1-O4 ) On July 21, 2020 I initiated contact with by phone (EXHIBIT M) to notify her that I would be conducting an Internal Affairs investigation into the incident involving Sergeant Novello. mother ( answered when I called, and soon after handed the phone to who had just woken up. When I spoke with she said was asleep; between the traffic collision and the incident at Petaluma Valley Hospital, she described the previous evening as having been a “roller coaster”. said, “I did not see the altercation between her and the sergeant”. said she had just “heard it”, and she described as having been “wound” (i.e. “wound up”). said, “Personally, I think the officer showed some great restraint. That’s a mom that doesn’t wear rose-colored glasses…but I do also know that she was quite upset.” said arm was “swollen” and did have a “hand mark” on it. then handed the phone off to who had just woken up. I introduced myself to as the investigating officer in this Internal Affairs matter. I asked about injury to her arm. (who was polite and tearful) said she had a “welt” on the top of her arm where Sergeant Novello had grabbed her wrist. began recounting some of the incident from the previous evening, saying “he pushed his chest into my chest.” noted, “I asked him multiple times for his badge number and his card, and he refused to give it to me.” said she had gotten a pen and paper to write down Sergeant Novello’s name and badge number, and “he chest-bumped me.” said Sergeant Novello grabbed her wrist because he Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 21 | Page regarded the pen to be a “threat”. She said she had asked Sergeant Novello “seven or eight times” for his name and badge number, but he refused to give her the information. said as a civilian, it was her right to obtain that information. She further noted, “I’m half his size. I had just gotten into a car accident.” complained about officers not photographing her injuries at the scene (Petaluma Valley Hospital), and she complained about the involved officers having “bullied” her for a “long time”. I was familiar with from an investigation involving a former boyfriend I conducted in 2017 in which she was the victim; as we talked, she recalled our interaction and expressed appreciation of my efforts in that case. I told I wanted to finish reviewing all of the body- worn camera footage from the incident of the previous evening, and then interview her more in- depth. She was agreeable to this. I would later conduct a comprehensive review of all contacts the Petaluma Police Department and other Sonoma County law enforcement agencies have had with I found no prior incidents involving Sergeant Novello. The bulk of the prior calls for service in Sonoma County pertaining to were for domestic disputes (non-criminal DRIs, or “domestic-related incidents”), and most did not involve the officers listed in this report (the majority of the contacts pre-dated Officer Clark’s and Officer William’s tenure with the Petaluma Police Department). There were a few other domestic violence cases in which she was listed as the victim, and there were a couple of mental health detentions per 5150 WIC. I also reviewed “rap sheet”, or criminal history. I was able to find only one prior arrest of for a crime of violence; this was for a felony charge of 245 (a)(1) PC in Sacramento in 2010. She received a felony conviction in that case. There is nothing on the body-worn camera footage I saw to indicate that Sergeant Novello (nor any other officer present) was aware of this criminal conviction. There were no prior cases nor arrests of for 148 (a) PC. Her only Sonoma County arrests were for driver’s license-related offenses. I later arranged to meet with in the front parking lot of the Petaluma Police Department on July 23, 2020 at 1500 hours so I could interview her and take follow-up photographs. We met in the front lot of the Petaluma Police Department due to COVID-19 restrictions/precautions. I audio-recorded our interview (EXHIBITS N1-N2), which began at approximately 1507 hours. In summary, I took four follow-up photos (EXHIBITS O1-O4) of right wrist; she placed her finger where she still felt pain from being grabbed. said she had not yet seen a doctor regarding her wrist; she had full range of motion, but her wrist still hurt. I saw no obvious sign of bruising. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 22 | Page I asked if she was planning to see a doctor about her wrist. She said, “I probably should; I had a concussion from the accident, so I’ve been kind of loopy for the last couple of days.” said, “I went to the emergency room and they discharged me, and then I went home; I don’t really remember too much.”. said she would make an appointment to see a doctor; I asked her to let me know what the doctor’s findings are after she is examined. (As of this writing, I have not received any medical information from despite having made several requests). I asked if she had any other pain or injuries. She said she had a pre-existing injury to her sternum that was aggravated by the “chest-bump”. I asked if her sternum injury had also been aggravated by the traffic collision earlier in the evening. She said she didn’t know, “but him bumping into me did not feel good, and him grabbing my wrist, it was very demeaning. It wasn’t nice, I just wanted his badge number.” said she wasn’t sure if she had met Sergeant Novello before; she said, “He seemed very aggressive, I didn’t understand why he was so upset.” said she had been confused, noting the ER staff at Petaluma Valley Hospital had “dropped her on her head” and discharged her. She said she went to Kaiser Hospital later. recalled Sergeant Novello being at Petaluma Valley Hospital dealing with a “5150” patient prior to her interaction with him. had only a partial recollection of the incident at Petaluma Valley Hospital; she said she recalled getting a pen and paper to write down Sergeant Novello’s name and badge number, and him “going back and forth”, ignoring her repeated requests to provide that information. recalled Sergeant Novello “chest-bumping” her and “saying the pen was a threat”. didn’t recall pointing the pen at Sergeant Novello’s face, although when I questioned her further on this, she said she recalled it “maybe, a little bit”. also did not recall Sergeant Novello telling her to “shut her mouth”. denied having intended to harm Sergeant Novello. She said she wanted his name and badge number, and in prior contacts with the Petaluma Police Department she has never had an issue getting business cards from officers. said she approached Sergeant Novello and “got close” to him in order to see his badge number, because it was dark, and she didn’t have her glasses on. recalled Sergeant Novello grabbing her wrist and holding it in the air. She said she recalled dropping the pen and Sergeant Novello letting her arm go. recalled asking Sergeant Novello if he liked to touch black girls. She said, “I was very angry”, and she felt “degraded”. recalled Sergeant Novello grabbing her wrist “really, really hard”. I asked if she recalled anything about Sergeant Novello coming in contact with her breasts. said, “His body touched my breasts”, which she characterized as “weird”. She said the body-to-body contact made her feel “uncomfortable”. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 23 | Page I asked if she believed Sergeant Novello came in contact with her breasts for the purpose of sexual gratification. said she didn’t understand why a man would contact a woman physically in that way. She said, “That’s not normal”, and said he had other alternatives. Questioned further, said, “I don’t think that he purposely, like, went to, like, grab my boobs or anything, but I definitely feel like for him to put his chest on my chest was weird.” However, while she acknowledged that Sergeant Novello did not touch her breasts with his hands (“It was just the chest bump”), she said “I would consider it a sexual assault”. With regard to the “chest-bump”, I drew a distinction with between a purposeful contact with an intimate part of her body versus a use of force issue or act of contempt (“an F.U.”). I asked if she thought Sergeant Novello’s intent was to touch an intimate part of her body when he “chest-bumped” her. She said she did, because Sergeant Novello had other alternatives, including giving her his business card. I told my investigation was going to take some time to complete, as there were numerous officer interviews to conduct and writing to do. I ended the interview with her and told her to call me with questions or concerns as they come up. On the evening of Thursday July 23, 2020, I received a call from Petaluma Police Department Sergeant Aaron Garihan, who said he had received a call from requesting that criminal charges be filed against Sergeant Novello. I followed up with about this on Monday July 27, 2020 via telephone (EXHIBIT N3). said she did not want to see her mother prosecuted for running over her foot on July 20th but she did want charges pressed against Sergeant Novello for his actions against her. She did not specify what charges, saying she had retained an attorney who would later advise me as to the charges being sought. As of this writing, I have not been contacted by any attorney representing Referral of Case to Sonoma County District Attorney’s Office Based on request for the filing of criminal charges against Sergeant Novello, the Sonoma County District Attorney’s Office was contacted by Deputy Chief Brian Miller, and it was decided that the District Attorney’s Office would investigate this matter directly regarding potential criminal charges. Sonoma County District Attorney Investigator Robyn Katz was assigned as the lead investigator. Interviews with Witnessing Officers Officers Raccanello, Clark, Gutierrez, and Williams all provided verbal statements to D.A. Investigator Katz as part of the criminal investigation. As of this writing, I have not interviewed these officers, nor have I been granted access to the recordings of their interviews with the District Attorney’s Office. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 24 | Page Interview with Sergeant Lance Novello #2363 Sergeant Novello resigned from employment with the Petaluma Police Department on the day his interview with me was scheduled to take place (October 12, 2020). I was unable to obtain a statement from him. CONCLUSIONS From reviewing the body-worn camera footage of this incident, it appeared Sergeant Lance Novello became personally frustrated with to the point of losing his composure and addressing her in an unprofessional manner (i.e. telling her to “shut her mouth”). This did not appear to be a tactical decision, nor a necessary one. behavior to that point may have been considered annoying by some, but not more so than police officers (particularly veteran officers and supervisors) are accustomed to dealing with. was not hostile nor threatening toward officers; she asked if she was being detained when she was given direction regarding restriction of her movements (i.e. not being allowed to close the car door). This was a legitimate question, requiring an articulated response (especially from a supervisor) as to the authority officers were operating under. While questioned whether officers could legally prevent her from closing the car door, she complied with their instruction to keep it open. There was time and opportunity for Sergeant Novello to explain to why, if she chose to remain there, she was subject to officers’ control of the scene. Instead, after a little more than thirty seconds of personal interaction with her, Sergeant Novello told more than once to “shut her mouth”. This stands in contrast with the controlled and calm interaction other officers had with over a much longer period of time. Sergeant Novello’s telling to “shut her mouth” several times had the effect of escalating the situation; became angry, and repeatedly asked Sergeant Novello for his name and badge number. Even though she was upset, made this request politely several times, using a controlled voice and the words “Sir” and “Please”. Sergeant Novello ignored requests, and on one occasion explicitly refused to provide it by saying “Nope”. This only served to escalate the situation further, and Sergeant Novello offered no reasoning for his refusal to provide his name and badge number. Police officers (particularly veteran officers and supervisors) are accustomed to providing their names and badge numbers to citizens; the department provides all sworn personnel with business cards expressly for this purpose. Ultimately, (with a visible limp) approached Sergeant Novello with pen and paper in hand, asking for his name and badge number. Sergeant Novello suddenly stepped forward and “chest bumped” causing her to take two steps backward from the impact. Sergeant Novello told he had approached her so she could see his name tag, because it was dark. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 25 | Page This statement indicates Sergeant Novello’s “chest bump” of was not an accident, nor was it in response to a perceived threat to his safety. It appeared this was a gesture of contempt. There is no indication in any of Sergeant Novello’s written nor spoken words that the “chest bump” was unintended. He didn’t even acknowledge that the contact occurred when questioned, “Why did you just push me?” The only explanation Sergeant Novello ever offered was immediately after the contact was made, in reference to his name tag: “It’s right there, do you see it? It’s right there. I’m just getting close so you could see it, it’s dark.” Sergeant Novello offered no apology for the “chest bump”, as one would expect were it accidental. If he believed to be responsible for it, one would expect Sergeant Novello to have said so, verbally and in writing. In his documentation, Sergeant Novello only acknowledged that the physical contact between them occurred, but he was vague as to how or why it happened. Sergeant Novello seemed to imply a perceived threat posed by noting she “swiftly” approached him to get his name and badge number. The video showed Sergeant Novello was objectively more “swift” than was, given she had a visible limp. Sergeant Novello did not articulate a perceived threat posed by when she approached him. As stated before, her purpose was clear (to get his name and badge number; Sergeant Novello’s own report acknowledged this). When she approached him, she had pen and paper in hand. She did not yell at him or threaten him. Sergeant Novello suddenly approached to the point of making physical contact with her body while keeping his hands on his duty belt. If Sergeant Novello had perceived approach to be a threat to his safety, then his responses to that threat were not consistent with basic officer safety practices and department Defensive Tactics training. Sergeant Novello gave no warnings for to “back up” or “stop”. Sergeant Novello did not undertake any tactical repositioning, instead rapidly closing distance with a perceived threat while his hands were not in a position to guard against potential attack. His statement that he wanted to get close to so she could read his name tag is also not congruent with him perceiving to be a threat, nor is it a reasonable or safe method for providing a citizen with one’s personal information. It strains credibility to believe Sergeant Novello suddenly felt inclined to honor a request for information he had, up to that point, openly refused to provide. There was no valid reason for Sergeant Novello to have refused to provide his name and badge number when asked. His repeated failure to do so needlessly escalated the situation further and seemed indicative of a contemptuous attitude toward that dovetailed with his “chest bump” with her. After Sergeant Novello “chest bumped” she became furious and loudly berated him, asked “Why did you put your body on me?” while pointing a pen a couple of inches from his face. This is the only potentially threatening gesture or action that ever took toward an officer during this incident, and it was in direct response to being bumped by Sergeant Novello. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 26 | Page Sergeant Novello’s posture during the three seconds berated him was not indicative of an officer in fear for his safety. He stood motionless and speechless only inches from his hands still on his duty belt, with his head and neck jutted forward. It is also noteworthy that was not wearing a face covering and was yelling loudly at Sergeant Novello (who was wearing a mask). Maintaining such unnecessary close proximity to another person in light of the COVID- 19 pandemic was inherently unsafe. It was only after three seconds of contemplation that Sergeant Novello decided to apply a “twist lock” control hold to telling her “Get your fucking hand out of my face”. Sergeant Novello has been formally admonished/disciplined in the past for such unprofessional statements and is (or should reasonably be) aware of department expectations in this area. If Sergeant Novello had feared for his safety while held the pen to his face, one would expect (in accordance with basic officer safety practices and department Defensive Tactics training) for Sergeant Novello to have undertaken some form of tactical repositioning and/or use of verbal warnings (“Get back”, “Drop the pen”, etc.). His hands should also have been in a position to guard against potential attack. After Sergeant Novello applied the “twist lock” control hold, dropped the pen, became largely silent, and appeared passive; Sergeant Novello maintained the hold for over twenty seconds before releasing her, stating in his report she had relaxed “slightly”. This brings me to the subject of Sergeant Novello’s documentation, which was notably lacking in detail (particularly with regard to his own actions, words, perceptions and decision-making rationales). In contrast, Sergeant Novello specifically quoted on numerous occasions in ways that seemed geared toward impugning her credibility or presenting her in a negative light. By failing to include some of his own words and actions in the report narrative, it appears “rants” occurred in a vacuum and not in their proper context. On the subject of sexual battery, I saw no evidence to suggest that Sergeant Novello’s actions were motivated by a desire to experience or cause sexual gratification. When I interviewed She said, “I don’t think that he purposely, like, went to, like, grab my boobs or anything, but I definitely feel like for him to put his chest on my chest was weird.” From my review of the evidence, it appeared to me that Sergeant Novello’s verbal and physical actions toward were motivated by contempt more than anything else. By definition, his “chest bump” of would be unlawful on that basis. Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 27 | Page 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 (c), Conduct: Exceeding Lawful Peace Officer Powers by unreasonable, unlawful or excessive conduct. SUSTAINED Petaluma Police Department Policy section 340.5.9 (f), Conduct: Discourteous, disrespectful, or discriminatory treatment of any member of the public or any member of this department or the City. 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 Petaluma Police Department Policy section 340.5.9 (h), Conduct: Criminal, dishonest, or disgraceful conduct, whether on or off-duty, that adversely affects the member’s relationship with this department. SUSTAINED California Penal Code section 242 SUSTAINED Internal Affairs Investigation 20TR-0005; Sergeant Lance Novello #2363 July 21, 2020 28 | Page California Penal Code section 149 SUSTAINED California Penal Code section 243.4 (e)(1) UNFOUNDED SIGNATURE LINE _____________________ Lt. Ed Crosby #1749 Petaluma Police Department