Patch Exclusive: Examining Police Use of Force in Montclair

In Montclair, the vast majority of arrests occur quietly and without resistance, according to Police Chief David Sabagh.

“We’ve been fortunate,” Sabagh told Patch. “Most people aren’t combative… but it does happen.”

And when it does, that’s where “Use of Force” reports come into play.

Whenever a police officer uses hands or a weapon against a person in New Jersey, he or she is required to complete a Use of Force form which documents the encounter. These reports track a wealth of details, including injuries suffered by police or suspects, the officer’s stated reason for using force and the type of force used. They also track details such as race, important information for detecting potential trends in the department.

Prompted by an Open Public Records Act request for “all Use of Force reports from January to December of 2014,” the Montclair Police Department recently released details about nine separate incidents that took place within the township.

During an interview with Patch, Sabagh said that officers seemed to show restraint and good judgement during the nine encounters.

According to the reports, the suspects “resisted police officer control” or “made a physical threat or attack against an officer” prior to every use of force. MPD officers almost always responded with “compliance holds” or with their “hands/fists,” and none of the incidents involved the use of pepper spray or firearms.

Out of nine incidents, only one resulted in injuries: one to an arresting officer and another to the arrestee.

PIGGY BANK BURGLARY

In October of 2014, Montclair police arrested a 42-year-old male for an alleged daylight home burglary.

According to police accounts, officers observed the suspect walking away from the burglarized home at a brisk pace, holding a green duffel bag containing proceeds of the crime, including a child’s piggy bank.

Police stated that an officer confronted the man, who took off running. The officer made an attempt to grab the suspect by his jacket, but he slipped their grasp and began running south down Park Street. After radioing for assistance, the officer pursued the suspect on foot, eventually catching up to him on the railroad tracks near North Fullerton Avenue.

Police reported that the suspect offered passive resistance during the arrest, refusing to let arresting officers place his arms behind his back.

According to the Use of Force report for the incident, two MPD officers were present during the arrest. One was a male with 13 years of experience on the force, and the other was a male with 20 years of service.

None of the men were injured during the incident, the report stated.

BREAKING UP AN ARGUMENT

In September, police arrested a 24-year-old male on Mission Street around midnight.

According to police accounts, the man was engaged in an argument with a female when police arrived on the scene. Police stated that the man refused to obey officers’ requests to leave the female alone and became verbally abusive, refusing to comply with further police orders.

When officers placed the man under arrest, he resisted their efforts to apply handcuffs, resulting in a struggle on the ground.

According to the Use of Force reports, two MPD officers were present during the arrest. One was a male with nine months of experience on the job. The other was a male officer with 14 years of service.

None of the men were injured during the incident, the report stated.

STREET FIGHT

In September, police responded to a report of a street fight on Mission Street around 2 a.m.

According to police accounts, upon arrival at the scene, officers found eight people huddled around two males who were fighting. When officers attempted to stop the fight, one of the males – an allegedly intoxicated, 18-year-old Montclair resident – disregarded officers’ orders and continued to act in a combative and aggressive manner.

According to the Use of Force reports, two MPD officers were present during the arrest of the teen. One was a male with eight months of experience. The other was a male with 11 years of service.

The reports stated that due to a physical threat or attack on an officer, the use of hands/fists was required.

None of the men were injured during the incident, the report stated.

FOOT CHASE ON BLOOMFIELD AVENUE

In September, police arrested a 31-year-old male with open warrants in the area of Bloomfield Avenue and New Street around 5:30 p.m.

According to police accounts, after a short foot chase, the suspect physically resisted the arresting officers as they attempted to apply handcuffs.

According to the Use of Force reports, two MPD officers in plainclothes were present during the arrest. One was a male with five years of experience. The other was a male with 2.5 years of service.

The reports stated that due to the suspect resisting police control and making a physical threat or attack on an officer, the use of a compliance hold was needed.

None of the men were injured during the incident, the report stated.

SWALLOWED HEROIN

In August, officers arrested a 56-year-old female during a traffic stop around 11 p.m. at the intersection of Gates Avenue and Hawthorne Place.

According to the Use of Force report, officers made a traffic stop to “check the well-being” of a vehicle’s occupants, and discovered the woman “under the influence.”

The report states that before police could arrest the woman, she swallowed eight glassines of heroin, requiring a compliance hold from officers.

According to the report, three officers were present during the arrest. One was a Hispanic male with five years of experience. Another was a male with nine years of service. The third was a male with 20 years of service.

None of the involved persons were injured.

‘TERRORISTIC THREATS’

In August, police arrested a 21-year-old male with active warrants on Mission Street around 6:15 p.m.

According to police accounts, officers approached the man and told him that he was under arrest. The man then attempted to enter his vehicle, actively resisted officers’ attempts to apply handcuffs, and verbally threatened officers on the scene, necessitating the use of a compliance hold and officer hands/fists.

He was charged with simple assault, resisting arrest and making terroristic threats.

According to the Use of Force report, there were two officers present during the arrest. One was a male with 10 years of experience. The other was a male with 20 years of experience.

None of the involved persons were injured.

DOMESTIC DISTURBANCE

In March, police arrested a 28-year-old male in his Montclair home during a domestic disturbance around midnight.

According to the Use of Force reports, the man was “under the influence” at the time of arrest.

The reports state that the resident resisted police officer control, necessitating the use of a compliance hold. He was later charged with disorderly conduct and resisting arrest.

According to the Use of Force reports, four MPD officers were present during the arrest. The first was a male with nine years of experience. The second was a white male with 4.5 years of experience. The third was a male with four months of experience. The fourth was a male with nine years of experience.

None of the persons involved were injured during this incident.

DOMESTIC DISTURBANCE… WITH INJURIES

In August, police arrested the same 28-year-old male during another nighttime domestic dispute incident.

According to the Use of Force reports, the man was “under the influence” at the time of arrest.

The reports state that the resident resisted police officer control, necessitating the use of a compliance hold and officer’s hands/feet, during which the man was injured. He was later charged with resisting arrest and aggravated assault.

According to the Use of Force reports, three MPD officers were present during the arrest. The first officer was a male with 10 years of service on the force. The second officer was a male with five years of service.

The third officer, a male with nine years of service, was injured during the encounter.

REFUSED TO ENTER POLICE CAR

In January, a male officer with 19 years of service arrested a 26-year-old resident in his Montclair home during a domestic disturbance around 11:30 p.m.

According to the Use of Force reports, the man was “under the influence of alcohol” at the time of arrest.

The reports state that the resident resisted police officer control and “would not enter the police vehicle,” necessitating the use of a compliance hold to “force/push” the man into the car.

Neither man was injured during the encounter.

Photo by Eric Kiefer

Photo caption: Montclair police officers participate in the 2014 Law Enforcement Torch Run to benefit the Special Olympics.

Send Montclair news tips to eric.kiefer@patch.com