We recently broke a story of a Boise Ombudsman's report that was highly critical of a Boise Police officer's actions in dealing with suspected vandals at the Statehouse. During the encounter, the report says the officer physically took one of the suspects to the ground and stuck a knee in his back. This was in spite of the fact all agree the man was not being physically threatening to the officer and was not in any way a danger to him. The officer's reasoning? He told the Ombudsman that he was trained to deal this way with someone he called a 'no' person.
Just what is a 'no' person?, and why is this person vulnerable to physical restraint by Boise Police?
To find some answers, I asked around our newsroom. First, I went up to one of our reporters and asked her, "Do you know what a 'no person' is?" She answered, "no" at which point I immediately shouted out "You're a 'no' person!" and wrestled her to the ground, firmly putting my knee into her back.
Hours later, after having endured a stern lecture from our human resources department and the threat of a harassment suit, I realized I may have overreacted.* I think the general consensus is the officer may have as well, yet here he is telling the Ombudsman that not only was his behavior appropriate, but it was actually a part of his training as a Boise Police Officer. As State Senator Mike Burkett told us (whose son was the young man the officer pinned to the ground), "For years we've known that the Boise Police are heavy-handed in some situations." No denying that is certainly the department's reputation, and this does nothing to detract from that.
A quick reality check. The whole encounter was minor. No one was hurt. Life goes on. I should also note at the time of the vandalism incident, we aired criticisms of the two young men involved because it did appear they vandalized an American flag honoring an Iraqi war hero, hardly a defensible act. Yet when it comes to the officer's actions, a man employed by the public, it makes me wonder if there isn't a bigger problem here.
In his news conference after we broke the story, Police Chief Mike Masterson told reporters "we feel we were in the scope of the law." No one ever said the officer was not within the scope of the law. The crux of the Ombudsman's report calls into question the officer's professionalism in meeting established codes of conduct. Masterson's response implies officers should only be disciplined if laws are broken. It would be my hope disciplinary action would also be taken when officers fail to meet high standards of professionalism as well.
And there's more.
Boise police admit the audio recorder the officer was supposed to keep on during this incident mysteriously turned off in the middle of it. They blame a faulty recorder button. But then the Ombudsman also notes the officer in question compounded the error by writing a misleading incident report. As the Ombudsman notes, "Prosecutors, defense attorneys, juries, judges, and others depend on police officers to write reports that clearly and precisely document what the officer saw, did, and was told." It all adds up to an image of a Boise Police officer dispensing his own version of street justice while feeling little public accountability.
There's a theory of law enforcement called 'broken windows' that became the hallmark of former New York Police Chief and now Los Angeles Police Chief William Bratton. It takes the approach that small crime if ignored leads to bigger crimes. Therefore, by policing small criminal acts such as 'broken windows,' police help prevent bigger crimes down the road.
I think it works in reverse as well. An officer who shows a lack of discretion in using force ... even minor force ... and who allows his recorder to stop during a confrontation against policy ... and then turns in a report that the Ombudsman's objective review finds misleading ... certainly seems to be taking actions that do not meet the standards the public expects from its police officers. By disciplining the officer, Chief Masterson would be enforcing a high code of conduct and stemming potential bigger problems later. But he says he's not doing that in this case.
It made me think back to the days of former Boise Chief Larry Paulson. My take on Paulson was that he was a good guy and a good cop, but his tenure was looked upon as a period when BPD was considered the last outpost of the police version of the 'Wild Wild West.' The impression was it was a heavy handed, 'shoot first and ask questions later' kind of police department where officers who did not always live up to high standards. The thing with Paulson was you always knew on what side of the thin blue line he stood. He was a seen by many as a true blue defender of police whether their actions were right or wrong, and that perception ... real or not ... is how we got a citizen Boise Police Ombudsman in the first place.
I've praised the job Chief Masterson has done in rebuilding the image of professionalism of the Boise Police Department and I'm still a fan. But maintaining and enhancing that image will require more than a 'Paulson-esque' defense of an officer who clearly stepped over some lines. By pubicly stating that officers who commit such actions will be disciplined in some way, Masterson would continue to build public trust and also shine a positive light on the vast majority of Boise Police officers who uphold the highest standards of professionalism each and every day.
But when he was asked if this officer has been disciplined over the incident, Masterson replied 'no.' To my relief, our reporter didn't yell "You're a 'no' person!" and immediately try to wrestle him to the ground.
*-Full disclosure-I did not assault one of our reporters for being a 'no' person.