Jess Viel Deputy Director of the Department of Safety Ep DENVER eee Room 302 PUBLIC SAFETY emer, co 80204 720.913.6020 720.913.7028 wmadenvetanose/saty December 29, 2016 DEPARTMENTAL ORDER OF DISCIPLINARY ACTION AND STIPLULATION Case No. P2016-0195 Keith A. Graves, (P00091) Officer in the Classified Service of the Denver Police Department This is before the Executive Director of the Department of Safety to approve, disapprove or modify the Chief of Police's Written Command ordering disciplinary action against Officer Keith A. Graves. The Written Command contains a determination that Officer Graves violated RR-306, Inappropriate Force, of the Denver Police Department Operations Manual, when he used a taser to get a suspect, who was not posing a threat to officer safety, to comply with verbal commands. The Written Command determined that this was a Conduct Category D violation and imposed a mitigated penalty of four (4) suspended days. Officer Graves agrees with this penalty determination. On June 28, 2016, Officer Graves was on routine patrol when he was flagged down by citizen who complained about illegal camping taking place in Chessman Park. Officer Graves activated his BWC (Body Worn Camera) and contacted a man and a woman who were camping in the park. Upon contact, Officer Graves asked the two individuals for their names and informed them he was “going to give them a warming for camping in the park.” The female party immediately gave her name and DOB, while the male party stated that he did not want to provide this information. Graves explained why he needed the information and the male party eventually provided the same Officer Graves entered the contact information the two individuals had provided into the computer and discovered that the male party had an active no bond warrant out of Ft. Collins on a charge of Obstructing a Police Officer. Officer Graves called for a cover officer to assist in the apprehension of the suspect because of the suspect's reluctance to cooperate during the earlier contact. Upon arrival of the cover car, Officer Graves approached the suspect a second time to place him in custody for his outstanding warrant. The suspect was holding a water bottle and disobeyed several commands to drop the water bottle and to place his hands on his head. The suspect did not at any time pose a threat to Officer Graves or to anyone else. Nevertheless, Officer Graves told the suspect that he would tase him if he didn't cooperate. The suspect dropped the water bottle but did not place his hands on his head as ordered. Officer Graves tased the male party on his right side, the suspectDEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page -2- Case: P2016-0195 KEITH A. GRAVES (P00091) Officer in the Classified Service of the Denver Police Department dropped to the ground and was taken into custody. The suspect did not sustain any injuries. Officer Graves has taken responsibility for his conduct. RR-306, Inappropriate Force, of the Denver Police Department Operations Manual, provides that, Officers shall not use inappropriate force in making an arrest or dealing with a prisoner or any other person Under the Department's Use of Force Policy, officers are authorized to use only that force which is reasonable and necessary to perform their duties. (OMS 105.01) Officer Graves tased a suspect who was uncooperative, but did not pose a threat to officer safety. Officer Graves had other options that did not require the use of the taser. He did not attempt to physically restrain the suspect and he did not ask the cover officer for assistance. Officer Graves failed to use only that force which was reasonable and necessary to take the suspect into custody. Officer Graves violated this departmental rule because he used “inappropriate force in making an arrest or dealing with a prisoner or any other person.” A violation of RR-306 appears in Conduct Categories D though F of the disciplinary matrix. In tasing a suspect who posed no threat to officer or public safety, Officer Graves engaged in conduct that was “substantially contrary to the values of the Department [and] that substantially interferfed] with it's mission, operations or professional image.” As such, this was a Conduct Category D violation. Officer Graves has no prior Conduct Category D, or higher violations within the specified time of seven (7) years that would mandatorily increase the penalty level. Pursuant to the disciplinary matrix for a discipline level of five (5), the mitigated penalty is four (4) to six (6) suspended days without pay, the presumptive penalty is ten (10) suspended days without pay, and the aggravated penalty is fourteen (14) to sixteen (16) suspended days without pay. There are several factors present that warrant the penalty imposed by the Written Command. Officer Graves has taken responsibility for his actions and he has entered into a Stipulation agreeing to accept the discipline imposed by the Written Command and to waive his right to contest the disciplinary determination. He has no significant prior disciplinary history. The suspect was uncooperative and had an active warrant for criminal behavior that led to charges of Obstructing a Police Officer. Finally, the suspect was not injured. Pursuant to the Stipulation reached with Officer Graves, the Written Command is hereby approved. Officer Graves shall receive a penalty of four (4) suspended days without pay for violating RR-306. The four (4) suspended days without pay shall begin on Sunday, January 29, 2017, through and inclusive of Wednesday, February 1, 2017. Pursuant to DPD Discipline Handbook Section 35.3, the negotiated settlement of the discipline imposed in this case is not to be used for evaluation of discipline in other cases, nor to determine whether discipline received by other members of the PoliceDEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page - 3 - Case: P2016-0195 KEITH A. GRAVES (P0091) Officer in the Classified Service of the Denver Police Department Department is consistent with the discipline imposed in this matter for the violation discussed above. Please be advised that the discipline enumerated in this Order is based Officer Graves’ agreement to accept the discipline as stated above and waive further disciplinary process. BY ORDER: Caer VV 12-29-15 Sputy Director of Safety Date OFFICER'S RETURN | hereby certify that | received the within Departmental Order of Disciplinary Action and have delivered a true copy thereof to the within-named Keith A. Graves this J day of December, 2016. Signatui 1» ~ WARDS UE Printed Name