8/11/2019 Berkeley.prc.Lindstrom Findings.1991
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City
of Berk
eley
REPORT
OE
FINDINGS
OF
POLTCE
REVIE
COMIITISSION
BORD
OR
TNQT]IRY
EERING
HELD,.MAY
21
A 22,
1997
Board
of
Inquiry
Members:
Police
Review
Commission
2121
McKinley
Avenue,
Berkeley,
California
94704
Complaint
Number:
Aggrieved
person
Complainant:
Subjects
of
Complaint:
Dat.e
of
I nc
ident
:
L.,ocation
of
f
ncident:
g15l
6/'44716
1-?0?
rw
(41st
w.6e15
co&t$r
Commissioner
D.
Edwards
Commissioner
f'1.
Hicks
Commissoner
A. fl
ando
Commissioner
B.
Kel
ly
Comnissioner
O.
Neumann
Commigsioner
S.
power
(
Chair
)
1253
James
Martin
Lindstrom
Marc
Krizack
Sergeant
Daubenspeck
Sergeant
Houpt
Officer
Eoughton
Officer
Mansfield
Officer
Wong
January
29,
799I
160
0
University
venue
(
Kregan's
Parking
Lot
)
Exce,gsive
Forc
-
fmproper
llse
of
Baton
(i.e.,
Use
Avoidable
an
Thereafter
Nunber
of
Blows
to
Eead)
-
Sergeant,
Daube
n
speck
Exceesive
Force
-
fnproper
Use
of
Hands
(i.e.,
Repeated
St.rikes
to
Face
fter
Separaed
From
Sergeant
Daubenspeck)
-
Officer
Wong
fmproper
Phyeical
Contact
-
physical
Force
(i.e.,
physicaL
Restrain
applied
Fndinqs
Vote
Exonerated
5
Not,
Sustained
I
Exonerated
3
Not
Sust,ained
3
Not
Sustined
6-0
,
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When
Breathing
Stopped
While
on
Stomach
In
Hospital
)
-
Officers
Mangfield
and
Houg
h
ton
Inadequat.e
fnveatigation - Failure
to
Make
Police
Report
(i.e., Failure
to
File
Use
of
Baton
Report per
pR
31g)
-
Sergeant
Daubenspeck
Inadequat.e
Inveatigation
(i.e.,
Failure
to
Specifically
Report
to
paramedic,/
MedicaL
Staff
That
According
to
the
Family,
Mr.
Lindstrom
Had
Altempted
Suicide
by
Taking
an
Unknown
Quntity
of
His
Regular
prescription
Antiipsychoiic
Medication)
-
officer
ought,on
.id/o.
Sergeant
Houpt
Inproper
Police
procedure
-
Making
FaLe
Statement,
(i.e.,
Verbal
Stalement
to
BFD
Paramedic
That
fnjury
Occurred
When
Head
Hit
cround)
-
fficer
Mansfield
Improper
Police
procedure
-
Making
FaLse
Statement
(i.e.,
Statement
in
Report
That
Saw
James
Lindst.rom
"Hitting
Sergeant
Daubenepeck
With
Both
Fists,')
-
Officer
Mansfield
Failure
to
Report
fnfornat,ion
About
ctual
Cause
of
lr.
Lindgtromre
Head
fnjuriea
Which
Relevant
to
Medical
lreatment,
-
Failure
to
Notify
Sergeant
Houpt
Before
Ambulance
Left
he
sene
That
Ead
Struck
Mr.
Lindstrom
in
Head
With
Baton
(setgeant,
Daubenspeck
)
Failure
t,o
Report
Infonoation
bout
cual
Cause
of
ltr
.
Iindst.rom
I
g
Head
fnjures
hlhich
Relevant
t,o
lledical
Treatment
-
Faiure
to
Assute
fnformation
That
Mr.
Lindstrom
Stuck
in Head
With
Baton
Relayed
to
Berkeley
Fire
Depart,ment
Ambulance
Crer{
(
Sergeant
Houpt)
Failure
to
Report
Infornation
bout
Acual
Cause
of
M.
Lindstromrg
Eead
Injuries
Which
ReIevant.
to
Medical
Treatment
-
Fai.l.ure
to
Communicate
to
Highland
Hospital
Medical
Staff
the
Fact
That,
Mr,
Lindstrom
Struck
in
the
llead
With
Baton
(Officer.
Houghton
and/or
Officer
Mansfield
)
Not
Sustained
6-0
Not
Sustained
6-0
Not
Sustained
6-0
Not
Sustained
5;1
Not.
Sustained
6-0
Sustained
6-0
Not
Sustained
6-0
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testimony
presented
to us.
Covering up
something
that
does
not
require
covering
up
ony
serves
to
throw
a
cLoud
f suspicion
khere
othenrise
none
roight
be
.
Having
taken
this
lengthy detour
vie
can
now
Look
at. the
specific allegations.
TAE
AIJLEGTIONS
Note
on
the difference
between
exonerated
non-sustained:
rrNot
sustainedrr
means
that
there
is not
enough clear and.
convincing
evidence
to
find that
the officer
acted ixproperLy.
rrExoneratedrr
means
that
by
the same
standard
there is enugh
evidence
to
find that
the officr's
conduct
,as
justified.
i
E:
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commands.
He
hits hin
sorne
nore
with
his
eLbows
and
brinqs
hiru
to
the
ground
hen
officer
Mansfield
arrives.
Civil_ian
witnesses
confiro
that
Mr.
Lindstron
continues
to struggle
even
after
being
brought
to
the
ground.
In the
circuostances
e Board
did
not
sustain the
excessive
force
aJ.Iegation.
Improper
PhysicaL
Cotact
-
pbysical
Force
(i.e.,
Pbysical
Restrailt
pplied
[theD
Breatbing
Stoppeal
rhi].
on
gtonach
Ia
Eospital)
-
officers
ltaDsfield
ad
Eoughtou
Not
gustained
6-0
Dr.
Iocco's
tstinony
leads
to
the
conclusion
that
the
0edical
consequences
of
restraining
injured
prisoners
do not
appear
to
be
sufficientLy
understood
or
consdered
by
police
departnents.
Ho$rever
Officer
Mansfield
and Houghton's
conduct
seerned
to
be
tithin
standard practice.
As
soon
as
it was
noticed
that
breathing
stopped,
Officers
attenpted
to
cornply
with
the
counand
of the
doctor
to loosen
the
restraints. Therefore
r,e
could
not
sustain this
aJ.legation.
IDadequato
IDvegtigatioD
-
FaiLure to
Not
gustaiedt
6-0
uake
Police
Report
(i.e.,
Failure to
File
gse
of
Baton Report
pet
pR
31S)
-
Segieaat
Dau
eDspeck
The
departnental
representative
testified
that the oral reports
nade
by
Sgt.
Daubenspeck
to
Inspector
Maloney and
Muller
fufilIed
the
departnen
report writing
requirernent under
pR
319.
Lt.
De
Latour
conceded
that PR 318 seened
to read as
reguiring
that the
officer
hinself
nake
the
hrritten
report.
He
says this
abiguity
is to
be
corrected. civen
his testinony
re couLd
not
sustain
this
cornplaint.
IDaalequate
hvestigatio
(
i.
e.
,
FaiLure
Not
gustained
6-0
to
Specf,ica11y
Report
to
paramedic/
{edical.
Etaff
Tbat
ccordg
to the
Famly,
Ur.
LiDdstron
Eacl
ttenpteal
suicide
by
lakiug ar
lIkornr
Ouantity
of
Eis
Regular
PrescriptioD
ti-psycbotic
Uedication)
-
Of,ficer
Eoughton
anl/or
sergeant
Eoupt
When
Officer
Houghton
left the
Lindstron
home
he
did not
know
that
the
piIls
Mr.
L
j.ndstrorn
had
taken
\,/ere
his stelazine.
Ile
did
know
that
according to the
family
he
had
attenpted suicide.
It was
conveyed
to the
pararnedics
that
he had taken
a handfu
of
pills,
and had
been
acting
bzzarely
and was
nissing
from
hone.
This infornation
presunabLy
hras
transnitted
by
Officer
Houghton.
Sgt,.
Houpt,,
had the
responsibility to see
that infornation nas
conveyed
,
but
not
necessarly
to
convey
it
hinself
. fn the
circumstances,
the
Board
did not
sustain
this
cornpJ.aint.
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fDproper
police
procealut
-
Uakiug
Not
gustaiDed
6-0
FalEe
gtatoE$at
(i.8,,
Vebal
gtatet[et
to
Btr'D
Para.uedlc
That
lrjury
occurred
Whe
Eead
El.t
crouDd)
-
Of,ficer
Uatsfi
$
Iat
As
indicated
above,
we
beLieved
th
probl-em
was
not that Officer
Mansfield
told
the
paramedics
that
Mr.
Lindstrou
hit his
head on
the
ground,
but
that
neither he
nor anyone else
told
then
Sgt,
Daubenspeck
had
hit him
on
the
head with
his
baton.
I{e
therefore
coud
not
sustain
this aLlegation.
fEproper
police
ptoceclure
-
UakiDg
FaIE
Stateuent
(i.e.,
gtateret
i
Not Sustained
5-1
Report
That
Ee
gar.
,tanes
Lindstron
trEitting
Serg'eaDt
DaubeDspeck
Fith
Both Fists't)
-
officer
,tansf
ield
The majority
of the
Board
voted
not
to
sustain
this
allegation
because
they
believed
Officer
MansfieLd
rea1ly
thought
he
sar+
Mr.
Lindstrom
hitting
sgt.
Daubenspeck
hrith
tr
filts.
one
menber
(
osha
Neumann)
voted
to
sustain
this
al-Iegation
because
Officer
I'tansf
ield
admitted to the
Board
that he did
not
see
Mr.
Lindstrom
make
contact
with
both
fists.
aur
to Report
fnforatioD
About
Not sustained
6-0
Actual
Cause
of, 'fr.
Lindstromr s
Eeail
Irjuries
lghcb
Relevat
to
NedicaL
Treatmetrt
-
Fa1ur
to
Notify
gergeaBt
Eoutrrt
Before
mbulaDce
Left
tbe scene
That
Ee
Ead
gtruck
{.
IJiDdstron in
Eead
Witb
BatoD
(Sergeart
Daubenspeck)
Sgt.
Daubenspeck
and
Sgt.
Houpt
both
testified that
Sgt.
Daubenspeck
reported
that he
had
hit
Mr. Lindstrom in the
head
with
his baton.
Failure
to
ReE
ort
IDformation
out
Actual
Cause
of
Ur.
liDdstrours
Eead
Iujuries
Wlicb
RelevaDt
to
rledcal
TreatmeBt
-
FaiLure
to Assure
fnfomation
That
Ur.
tDdstron
Stluck
in Eead
rith
Batou
Relayed
to
Eerkeley
Fite
Departnent
Dbu1aDce
Crei
(Setgeant
Uoupt)
Sgt.
Houpt
was
the
supervising
officer
at the
scene
in Kragenrs
parking lot.
The
departmental
representative
at the
hearing
indicated
that
it
wouLd
be anong the
responsibilities of
the
supervising
officer
at the
scene
to assure that
reLvant
oedical
infornation
was
relayed
to
paranedics.
ft
r./as
clearly
relevant
nedicaL
information
that
Mr. Lindstrorn
had been
struck on the
SustaiDed 6-0
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read
nunerous
times
by
Sgt.
Daubenspeck
. s clearly,
Sgt,
Houpt
did not
assure that
infornation
vJas
conveyed.
He
assumed
that
officers
Mansfield and Houghton
would
convey the infornation, but
he
did
not
assure
it, Therefore the
Board
sustained this
al
l
egation
.
Failure
to Report
IforDatioD
lot Sustaiecl
6-0
ReLevat
to
.{
$
dicaL TteatmeDt bout
Actual
Causo
of l,ll.
IJiDdstroEr
s Eeaal
Iajuries
Which
-
Failure to
Comuicate to
Eighla1d
Eospitl
uedical staff the Fact
Ithat
u.r.
Li.Ddstrod
Sttuck
iD
the
Eead
Witb
BatoD
(Officer
Eougbtotr
aal/or
off,icer
Maasfieldl
)
Officer
Mansfield
testified that
he did not kno ,
that
Sqt.
Daubenspeck
had struck Ur.
Lindstron
on the
head
with his
baton.
He
v/as
not
specifically
instructed by
Officer
Houpt
to
gather
rel-evant
nedical-
inforoation.
Therefore
r/e
couLd
not
sustain
the
allegation
based
on
failure to
convey
infornation
he
didntt
know
and had
not
been
ordered to find out.
CONCI,I'DTNG
REI,,RKS RE POI,TCY
Sone
of the
policy
issues thich
we
beLieve should be
exanined
are
:
1.
The
need
for cLear departmental
policy
regarding
the
respons5.bilty
for
and the
nanner
in
which
nedical
infornation
is
collected
and
conveyed
to
paramedics
and
other medical
professionals.
2.
The
need to examine
presented
by
Dr. Iocco,
the
agitated,
suspected of
drug
are
restrained.
in
the
light of
the infornation
manner
in
which
prisoners
rho
are
overdose,
or who
have
suffered
trauma
3. The need
for training in
recognizing and
handling
mental
d i sasbi
I
ity .
The
tragedy
in
the
facts
presented
to the Board in
this
conplaint
is that
the
fanily of Mr.
Lindstron
called the
police
to help
hirn,
but
instead
of finding help,
he
found
death.
We can not say
that
anythinq
that
happened
to Mr.
Lindstron
in his
encounter
vith the
police
necessarily
contributed
to his
death. the
qedical
information
compiled
by our
investigators
indicated
that
Mr,
Lindstrom
had
taken
a dose of
Stelazine
that
rnight
have kiLled
him
in any
case.
However,
the fail-ure to
convey
relevant
rnedical
inforuation
to the
pararoedics,
and the
nanner
in
vhich
lfr.
Lindstron
was
restrained, might
have been
a factors in his
death
and
raise
policy
questions
that
need
to
be
exanined to
ninimize
the
risks to
peopLe
in custody
in
the
future.
OSH
NEUMNN
for
the Board of
fnguiry
10
2L