17-17 Excessive Force Complaint (Exonerated)

Pullman Police Department
Complete Details For 17-17

Date Complaint Taken: 9/26/2017 Date Occurred: 7/29/2017 Racial: No Case No.: 17-P01444 No. Type:
Category: Formal Citizen Complaint Type: Type Unknown Occured: On Duty
Location Occurred: PPD Holding District/Area: Not Stated

Video Available
Complainant: 1 - Right to Privacy Sex: Race:
No
Complainant's Address: 1 - Right to Privacy Tacoma WA 98446-1268 Home Phone: 1 - Right to Privacy
Camera Not Indicated
Cell Phone: Business Phone: Email Address: 1 - Right to Privacy
Assigned: SERGEANT DORNES Date Assigned: 7/29/2017 Days Case Due In: Date Due:
Current Case Disposition: EXONERATED Date Completed: 11/9/2017 How Complaint Was Reported:
Complainant Satisfaction: Satisfaction Comments:
Summary: Father of arrestee complains of excessive force.
Type Of Complaint Description Complaint Disposition

Complaint #: 1 CHAPTER 10 (2.2) USE OF FORCE EXCESSIVE FORCE EXONERATED
Name ID Number Rank Division Shift Officer Disposition On Alert Camera

Officer #: 1 GORDON, ALEXANDER DOUGLAS 448 SENIOR POLICE OFC PATROL Not Stated EXONERATED Yes No
Narrative: DATE COMPLAINT RECEIVED: 06/29/2017 .
Gary Jenkins, Chief of Police .

PERSON RECEIVING COMPLAINT:
COMPLAINT ORIGIN:
(X) CITIZEN
( ) SUPERVISOR
( ) POLICE EMPLOYEE
( ) CIVIL CLAIM
( ) OTHER
DATE OF ALLEGED INCIDENT: 02/04/2017 .
LOCATION OF ALLEGED INCIDENT: Pullman Police Department (260 SE Kamiaken Street).
ALLEGATIONS/NATURE COMPLAINT: Father of arrestee, complained that the use of force utilized by Gordon was unnecessary and
excessive resulting in facial injuries.
L.E.A. Data Technologies ADMINISTRATIVE Database 12/12/2018 2:23:33 PM Page 1 of13


MEMBER(S) AGAINST WHOM COMPLAINT IS ALLEGED:
GORDON, Alexander Douglas / Patrol / Senior Police Officer .

(LAST NAME, FIRST NAME MIDDLE NAME, POSITION AND RANK)
NAME AND RANK OF PERSON ASSIGNED INVESTIGATION:
DORNES, Daniel Lee / Patrol / Sergeant .

(LAST NAME, FIRST NAME MIDDLE NAME, POSITION AND RANK)
DATE ASSIGNED: 06/29/2017 .
DATE FIRST PERSONAL CONTACT MADE WITH COMPLAINTANT: N/A
DATE INVESTIGATION COMPLETED: TBD.
PAGE TWO
COMPLAINT REPORT
WITNESSES (FULL NAME, ADDRESS, TELEPHONE NUMBER):
1 - Right to Privacy
Pullman, WA 99163
[Graduated from WSU, and unknown current address]

SUMMARY OF ALLEGATIONS AND INVESTIGATION:
The complainant, 1 - Right to Privacy , father of 1 - Right to Privacy , sent a letter of complaint to Gary Jenkins, Chief of Police. Chief Jenkins
acknowledged the receipt of the letter via email to K. 1 - Right to Pr... by email on June 29, 2017. Commander Chris Tennant assigned the
investigation to this supervisor, with a hardcopy printing of the letter on June 29, 2017. Original Written Notice of the Nature of an
Investigation issued to Officer Alex Gordon on July 12, 2017. Amended Written Notice of the Nature of an Investigation issued to Office
Gordon on 08/10/2018.
K. 1 - Right to Pri... provided an 8-page letter, recounting an interaction between Officer Gordon and 1 - Right to Privacy which occurred in the booking
and processing area at the Pullman PD. In summary, K. 1 - Right to Pri... stated his primary complaint in the last paragraph of his letter:
”My complaint is specifically against Officer Alex Gordon for using unnecessary and excessive force against my son 1 - Righ... resulting in him
sustaining facial injuries and having to go to a hospital twice (Colfax Hospital and Pullman Hospital).”
This investigation found that the incident in the booking area was preceded by the arrest of 1 - Right to Privacy for Assault 4th Degree /


Domestic Violence prior to this specific interaction in the booking area. The following is a synopsis of portions of case #17-P01444 as
documented in the investigation report and officer BWC videos:
17-P01444 / At the scene
On 02/04/2017, at approximately 0204 hrs, 1 - Right to Privacy called 9-1-1 to report “a very intoxicated male hit his girlfriend, and is trying to
fight people.” Officers responded to the scene, and contacted 1 - Right to Privacy and his girlfriend, 1 - Right to Privacy . Officer Emerson spoke
with 1 - Right to Pr..., Officer Gordon spoke with 1 - Right to Privacy and Officer Engle spoke with 1 - Right to Privacy .
1 - Right to Priv... reported he was walking on or near a pathway, where he witnessed 1 - Right to Pr... use two hands to assault 1 - Right to Privacy , pushing her
backwards, and causing her to step backward. 1 - Right to Priv... then witnessed 1 - Right to Pri... raise his right hand and strike 1 - Right to Privacy in the face.
1 - Right to Privacy tried to calm the situation, and reported that 1 - Right to Pri... admitted he had been “rough” with 1 - Right to Privacy 1 - Right to Pri... also reported
that 1 - Right to Pri... grew angry with him about saying that he [ 1 - Right to ... ] had hit 1 - Right to Privacy . 1 - Right to Priv... said 1 - Right to Pr... approached him, pulled out
1 - Right to Priv... ’s headphones and put a flat palm on 1 - Right to Priv... ’s chest. When 1 - Right to Priv... told 1 - Right to Pri... not to touch him and to back-off, he
reported that 1 - Right to Pri... puffed his chest out and stood close with his arms outstretched.
1 - Right to Priv... reported that 1 - Right to Pri... attempted to provoke a fight, as 1 - Right to Pri... said thinks like, “Hit me.” “Fight me” and “Hit me, let’s start a
problem.” 1 - Right to Priva... said he did not wish to fight 1 - Right to Pri... and diffused the situation.
1 - Right to Priv...
then reported that another male [unidentified] in a grey-colored shirt approached, and after learning that 1 - Right to P... had hit
1 - Right to Privacy the grey-shirted male told 1 - Right to Pri... not to do that, as “It wasn’t cool.”
1 - Right to Priv... then reported that 1 - Right to Pri... displayed the same behavior toward the grey-shirted male, as 1 - Right to Pri... challenged the grey-shirted
male to a fight. 1 - Right to Privacy said the grey-shirted male did not back down, and that 1 - Right to Pri... fought with the grey-shirted male. 1 - Right to Privacy
reported that the grey-shirted male won the fight, as he hit 1 - Right to Pr... in the face, and threw 1 - Right to Pr... on the ground. He said the grey-shirted
male then hit 1 - Right to Pri... two more times. He said 1 - Right to Pri... laid on the ground for several minutes.
Officer Gordon noted his observation that 1 - Right to Pri... had a bloody nose at the scene, which he surmised was a resulting injury from the fight
with the grey-shirted male. Officer Emerson also noted in his statement that he observed blood coming from 1 - Right to Pr... ’s nose at the scene.
It appears in Officer Emerson’s BWC video (#201702040205) at the scene that blood appears to be coming from 1 - Right to Pri... ’s left nostril.
Officer McNannay also noted blood from 1 - Right to Pri... ’s nose in his BWC video (#201702040203) at 7:00 minutes into the recording.
reported that she and 1 - Right to Pri... were in an argument about a lost promise ring. She reported that a male approached them
[likely 1 - Right to Priv... ], and she said he was “being really nice” as he checked on her. She reported that 1 - Right to Pri... “had his hands on her,” on
both her shoulders, but denied that 1 - Right to Priv... had hit her. 1 - Right to Privacy said she didn’t want 1 - Right to P... in her face, and was telling him to get
out of her face. She said she was “scared.” 1 - Right to Privacy reported that 1 - Right to Pri... “got in that guy’s [ 1 - Right to Pri... ’s] face, and tried to fight him.
told Officer Emerson at the beginning of his contact, and additional times, that his father is a Tacoma police officer. He told
1 - Right to Pri...
Officer Emerson that he “had a little bit too much to drink,” and was trying to get home. In Officer Gordon’s BWC recording, 1 - Right to Priv...
reported that 1 - Right to Pri... “was really drunk.”
According to the radio log, at approximately 02:20:57 hrs Officer Gordon places 1 - Right to Pri... under arrest for Assault 4th Degree / Domestic
Violence, and transports him to Pullman PD. At approximately 02:31:49 hrs, they arrive at the station, and 1 - Right to Pri... is brought into the
booking area, where he is placed into a cell.
17-P01444 – Booking Process
At approximately 03:50:43 hrs, Cadets 1 - Right to Pr... and 1 - Right t... bring 1 - Right to Pri... out of his cell for processing, including photographing and
fingerprinting.
After obtaining 1 - Right to Pr... ’s booking photograph, Cadet 1 - Right t... attempts to obtain 1 - Right to Pr... ’s fingerprints. 1 - Right to Pri... refuses to cooperate.
Cadet 1 - Right to Pri... then attempts to obtain 1 - Right to Pr... ’s fingerprints. He again refuses, and Cadet 1 - Right to Pr... calls Officer Gordon to the booking


area.
Officer Gordon arrives, and the BWC (#201702040353) shows the dialog proceeds as follows:
Gordon:“OK. You need to do your fingerprints.”
1 - Right to Pri... “Officer Gordon, I would like my call. I’ve been asking for over two hours.”
Gordon: “OK. You need to do your fingerprints now.”
1 - Right to Pr... “I would like my call first. And then I will gladly do my fingerprints.”
Gordon:“OK. So, not right now.”
1 - Right to Pri... “I wouldn’t – I need my fing- call. I know- I know my rights.”
Gordon:“There’s nothing in the constitution that says you need a phone call.”
1 - Right to Pri... :“Yes, there is. I get one finger- call. I, I mean I get one phone call.”
Gordon: “So, you believe that’s in the constitution?”
1 - Right to Pri... “That’s my right. And that’s my God-given right, and I will gladly, gladly- I will not do that until I have my call, thank you.”
Gordon:“So, I need you to do the fingerprints.”
1 - Right to Pri... “What am I being arrested for exactly. Tell me.”
Gordon:“Assault 4th Degree, Domestic Violence”
1 - Right to Pri... “Who did I touch? Who did I touch?”
Gordon:“I need you to do your fingerprints.”
1 - Right to Pri... “Who did I touch, Officer Gordon?”
Gordon:“I need you to do your fingerprints.”
1 - Right to Pr... “Officer Gordon, who did I touch? Answer my question.”
Gordon:“You need to do your fingerprints.”
1 - Right to Pri... “No. I have the God-given right to know exactly… What am I- What am I being arrested for?”
Gordon:“You can stay in your cell, and ...”
1 - Right to Pri... “That’s fine. Officer Gordon, what exactly…”
Gordon:“So let me get crystal clear: Are you refusing to do the fingerprints?”
1 - Right to Pri... “I’m not resisting arrest. I’m not resisting anything.”

In the video, at this point, Officer Gordon moves closer to 1 - Right to Pr... . Officer Gordon wrote in his statement that he began to move forward
to fingerprint him. Officer Gordon noted that 1 - Right to Pri... “closed his fist and moved it behind his back and told me not to touch him.” The
video shows clearly that 1 - Right to Pri... moved both of his arms behind his back, as he said, “Don’t touch me, officer.” (01:35 into the BWC video)
1 - Right to Pri... then begins to ask questions to Officer Gordon again:
1 - Right to Pri... “What am I being...”
Gordon:“So, are you refusing the fingerprints?”
1 - Right to Pri... “I’m not talking to you. I’m asking…”
In Officer Gordon’s statement, he states he “attempted to use a push-pull technique to move 1 - Right to Pr... so he was facing the cell so I could
escort him there. I began to push his left shoulder and pull his right shoulder. I felt him physical resist and I grabbed him at those locations
and move towards the cell.”
In the video (01:41 minutes into the BWC video), you can see it corroborates this statement, as you can hear Officer Gordon reply, “Then
you need to go back in here,” as he grabs 1 - Right to Pr... ’s right upper arm with his left hand, and 1 - Right to Pr... ’s left upper arm with his right hand.
1 - Right to Pri... says, “Don’t touch me. Don’t touch me.” It is evident in the video that Officer Gordon is pushing 1 - Right to Pri... ’s left shoulder, and
pulling on his right shoulder. The BWC video shows 1 - Right to Pri... turning his left shoulder back toward Officer Gordon as he resists. Officer
Gordon can be seen then readjusting his right hand grip from 1 - Right to Pr... ’s left shoulder to the center of his shirt.
At 01:42 into the video, you can see 1 - Right to Pr... uses his left hand to grab Officer Gordon’s right wrist.
Officer Gordon’s report states, “He brought his arms up, grabbing my right arm with his left arm. I felt him pushing against me with his right
arm before he grabbed my wrist with his right arm.”
At 01:43 into the Gordon BWC video, you can see 1 - Right to Pr... still had his left hand holding a grip on Officer Gordon’s right wrist from
underneath, and 1 - Right to Pri... then uses his right hand to grab Officer Gordon’s right forearm from above. It appears that 1 - Right to Pri... is at this
point using both of his hands to attempt to pull and break Officer Gordon’s right hand away from his grasp, which is now repositioned on the
front of 1 - Right to Pr... ’s shirt. It shows 1 - Right to Pri... resisting, and twisting his torso.
then states, “Are you fucking serious?” As they grapple, 1 - Right to Priv...also apparently threatens Officer Gordon, as he said, “I’ll have
1 - Right to Pri...
a shit fucking court [unintelligible]…”
Officer Gordon tells 1 - Right to Pri... , “Get down!” The BWC video shows 1 - Right to Pri... still has his left hand gripping onto Officer Gordon’s right
forearm at this point (01:47 into the recording), and 1 - Right to Pr... replies, “Are you fucking..!” [Officer Gordon states in his statement that he
“threw a right knee strike to his abdomen area causing him to bend forward. This is not visible in the BWC video, but is seen in the jail
processing area Axon video #20160204035042 at 04:32 minutes into the video (03:55:14 clock time).] In the BWC video, Officer Gordon
appears to then pull 1 - Right to Pr... to the floor. The video shows 1 - Right to Pri... landing on his hands, and then immediately turns to the right to face
up toward Officer Gordon.
Officer Gordon wrote in his statement: “1 - Right to Pri... extended his right arm grabbing at me and rolled to his back facing me. He yelled ‘I will
fuckin’ and had his left hand held up around his head in a fist, which he then swung towards my head.” The BWC video shows 1 - Right to Pri...
apparently threatening Officer Gordon as he yells, “I will fuckin’” and using his right hand and arm to swing toward Officer Gordon (1:50 into
the video), apparently striking out or attempting to grab Officer Gordon. It is also visible in the BWC that 1 - Right to Pr... then immediately uses
his left arm and hand to swing at Officer Gordon.
Officer Gordon stated in his report: “I am unsure if it struck me or not in that moment. It would have landed on the right side of my face or
shoulder.” Officer Gordon also noted: “I later noted that my AXON camera appeared to get dislodged at the time 1 - Right to Pri... threw the strike
and that I wear the camera on my right collar.” Officer Gordon then stated: “I struck1 - Right to Priv... multiple times, I believe twice, with right


handed hammer strikes to his face.” In the BWC camera video, after 1 - Right to Pri... swung at Officer Gordon, three thumping sounds can be
heard. The first thump sound appears to be timed with 1 - Right to Pr... ’s swing. Two additional subsequent thumping sounds are obvious and
immediate in the video. It is unclear from the BWC video, to be able to differentiate which thumping sound may have been caused by
1 - Right to P... and/or Officer Gordon.
1 - Right to Pr... screams, and Officer Gordon is heard on the BWC video calling for emergency assistance from other officers, saying, “448 code
6.” [For reference, see Whitcom, the multi-agency combined dispatch center, Policy 512. Section 3.2.] Officer Gordon orders 1 - Right to Pri...
three times to put his hands behind his back. 1 - Right to Pri... is seen in the BWC video continuing to move around, and appears to be failing to
comply. 1 - Right to Pri... continues to scream, and yells, “Don’t touch my fucking head!” and “Oh my God!” Cadet 1 - Right to P... is seen assisting
Officer Gordon in attempting to gain control of 1 - Right to P... ’s hands.
Officer Gordon, in his written statement notes, after he applied the right handed hammer strikes: “He moved his hands towards his face.
He stopped attempting to strike me and rolled towards his chest. I began to give him commands to put his hands behind his back. I felt
him continue to resist. I threw multiple, I believe 2, knee strikes into his right side and abdomen as he did not comply.” He also stated,
“After the strikes, 1 - Right to Pri... complied and I was able to place him in handcuffs with Intern 1 - Right to Pr... These knee strikes are not visible in the
Gordon BWC video #201702040353, but although some of the camera view of the interaction on the Processing Area video
#20160204035042 is blocked partially by Cadet 1 - Right ... , three movements of Officer Gordon’s right knee can be seen consistent which
charging up for knee strikes at 04:42 minutes into the video (03:55:23 clock time), 04:48 into the video (3:55:29 clock time) and 4:49 into
the video (03:55:30 clock time). The video appears to show Officer Gordon and both cadets struggling to get control over 1 - Right to Pri... as you
can see movement from him and the officers until after the third knee strike, which is when Cadet White also is seen securing 1 - Right to Pri... ’s
legs.
By correlating the different time stamps on the Gordon BWC #201702040353 with the Jail Processing video #20160204035042, and
synchronizing the times, it is apparent that the three initial “thumps” mentioned above are not the sounds from the knee strikes:
EventJail Video clock timeGordon BWC timeElapsed time
1 - Right to Pri... on floor03:55:171:49---
1st knee strike on floor3:55:161:567 seconds
2nd knee strike on floor3:55:292:026 seconds
3rd knee strike on floor3:55:302:031 second
[Note the previously heard thumps sounds occurred within approximately 1 second at 1:51 Gordon BWC time, which is after 1 - Right to P... is on
the floor, but before the first knee strike. It is possible the thumping sounds may be from 1 - Right to Priv... striking Officer Gordon, Officer Gordon
striking 1 - Right to Priv... with hammer strikes, or a combination of both.]
1 - Right to Pri... continues screaming, something unintelligible, which seems to include something about “recorded,” and then very loudly, “Fuck
you!” He then screams something unintelligible again, which again includes something about “[unintelligible] fucking recorded!” 1 - Right to Pri...
then yells loudly something unintelligible which includes something about “[unintelligible] fucking [unintelligible]” “You just punched me in
the face! Why?!” “I respect what you do, Officer Gordon, but fuck what you just did!”
Officer Gordon replies, “Don’t hit me in the face.”
1 - Right to Pri... responds, “You just fucked with the wrong person!
Officer Gordon then repeats, “Don’t hit me in the face.”
then threatens Officer Gordon, “I just said it! I will fuck your career up, Officer Gordon! You just fucked with the wrong person.
1 - Right to Pri...
Do you know who you’re fucking talking to, Dude? You just punched the wrong person in the face. Fuck what you just did! What the fuck


did I do to you? Did I just [unintelligible]”
Officer Gordon then says to 1 - Right to Pri... , “Yes.”
yells back, “No! No I didn’t! Fuck you! Take me to jail, I’ll be fucking house arresting you, Bitch! [Unintelligible] look, I’m
1 - Right to Pri...
bleeding! Fuck you, I’ll bleed and fucking bloody done with you, Bitch! You just punched me in the God damned face! Shame on you! I’ll
take this shit to fucking court!”
Officer Gordon said to 1 - Right to Pri... “Right now, you’re under arrest for Assault 3rd Degree.”
1 - Right to Pr... : “What’s my name? What’s my name? Did I touch you, Bro?
Officer Gordon: “Just his nose, I think, but.” [Apparently speaking to one of the other officers.]
1 - Right to Pri... “Yeah, what’s my name? What’s the time right now? Tell me. What’s the time! What’s the fucking time?”
Officer Emerson, who arrived by this time, answers him, “Its 3:57.”
Sergeant Hargraves, who also arrived by this time, can be heard communicating with the other officers about securing 1 - Right to ... . 1 - Right to P...
is seen still on the floor.
After a few minutes, Sergeant Hargraves is heard saying he is going to go get a spit hood. 1 - Right to Priv... remains laid face down on the floor.
continues yelling, and cursing at the officers. He tells the officers (4:37), “Hold on! Let go of my arms! Oh my God! Jesus Fuck!
1 - Right to Pri...
Dude, get off me!” He gets increasingly loud. He begins to yell, “Dude, get off me! Let me fucking move, so I can fucking breath! I’m
hyperventilating, Fuck-Tard!” 1 - Right to Pri... then increasingly escalates his yelling, increasingly louder and yelling faster, as he yells, “I can’t
breathe! I can’t breathe, Bro! Dude, let me breathe, move get off me for a minute! I won’t fight you! Just get off me! [Unintelligible] Just
get off me! Please! [Unintelligible] Get off me! Get off me! Get off me! Get off me now! [Unintelligible]”
Officer Emerson tells 1 - Right to Pri..., “Just relax.” 1 - Right to Pr... yells back, “I will! I will! Just get everybody [unintelligible] Get off me Dude!
Everybody just please! I will not fucking fight! Just get off me! Two seconds! Two seconds! I won’t squirm! Just get off me! Just get off
me!
The officers try to speak with him calmly, but 1 - Right to Pr... continues to scream, making odd sounds some of the time.
Sergeant Hargraves is seen passing a spit hood over to Officer Emerson, and Officer Emerson appears to place it on 1 - Right to P... . (See
Emerson BWC #201702040400 and Gordon BWC #201702040353.) As Sergeant Hargraves, Officer Gordon, Officer Emerson and the
cadets get him up to place him into the restraint chair, 1 - Right to Pri... continues screaming, as he claims he can’t breathe. He continues to curse
at the officers and call them names, while the officers appear to maintain a calm demeanor and voice control. 1 - Right to Pri... seems to calm
down after they secure him in the restraint chair, although he continues to curse at the officers.
As they attempt to place him into a restraint chair, 1 - Right to Pr... continues to scream without any apparent reason, and continues to curse at the
officers. He resists cooperation with the officers, as they attempt to secure him in the chair. (See Officer Emerson’s BWC
#201702040400.)
At approximately 10:52 in Gordon’s BWC recording, Sergeant Hargraves asks Officer Gordon, “What did he do? Officer Gordon replies, “He
refused to do fingerprints, so I go to put him back in the cell, so I grabbed him and pushed him back. He tried to grab my head, so I kneed
him. And as he’s going down he gets on his back…I threw him to the ground, and he’s on his back and tries to give me a fist and tried
coming at me. I hit him in the face a couple of times.”
At approximately 04:07 hrs Officer Emerson met the EMS medics, who arrived to evaluate 1 - Right to Pri... 1 - Right to Pr... told the medics he had been
punched. Medic Joe Branson asked 1 - Right to Pri... where he got punched, and he replied, “Right in the god-damned nose.” Officer Emerson


asked 1 - Right to Priv... “Did you get hit anywhere else besides your nose?” He replied, “Nope.” 1 - Right to Pri... asked Medic Branson, “Please make
sure I’m not fucking broken.”
1 - Right to Pri... said he has ADHD, and his medication was in his bag. He said he takes 1 - Right to P... every day, and the last time he took a dose was
over a day ago. [At times while he was screaming while handcuffed on the floor, and before he was placed into the restraint chair, he also
made odd sounds, similar to speed talking, or making sounds similar to barking. The behavior at times appeared to be hyperactive, and it
is unknown if this unusual behavior was related to this medical condition.]
In Officer Emerson’s BWC video, 1 - Right to Pri... ’s face appears to show blood coming from his nostrils, a possible abrasion on his left cheek, red
marks and also redness over most of his face. Officer Emerson obtained digital images of 1 - Right to ... ’s face after the medics finished
examining him.
In the processing area, Sergeant Hargraves’ BWC (BWC #201702040359) clearly shows 1 - Right to Pri... on the floor after a spit hood is placed
on him. Apparent blood from 1 - Right to Pr... was on the floor near his face, which is later cleaned up by Officer Gordon.
---------------
Based on the Processing Area video #20160204035042, the elapsed time is approximately 27 seconds from the point Officer Gordon
physically grabs 1 - Right to Pri..., to the time Officer Gordon and the cadets appear to have 1 - Right to Pri... under control and apparently handcuffed.
After this is when Sergeant Hargraves and Officer Emerson entered the processing area.
WITNESS STATEMENTS:
Cadet 1 - Right to Privacy :
provided a written statement via email, which was included in the case file. [Subsequent efforts to contact her for this internal
1 - Right to Priv...
investigation via email and phone message were unsuccessful.] In her written statement, she noted that, after taking his photograph for
booking, 1 - Right to Pri... refused to have his fingerprints taken. She stated in part, “He told me that he was not going to do them until he got his
phone call stating that it was ‘his constitutional right to have his phone call.’ I repeated that he would have a phone all after being
transported to Whitman County Jail. He continued to ask what he was being charged with and demanding a phone call. I placed my hand
on his arm to direct him to the fingerprint machine and he jerked away yelling at me not to touch him.” 1 - Right to Pr... stated she then radioed
Officer Gordon for assistance.
did not provide significant detail in her report concerning the use of force. She stated, in part, “Officer Gordon arrived in the
1 - Right to Pri...
booking room and explained what he was being charged with and that he needed to do his fingerprints. Officer Gordon asked several times
for him to complete his fingerprints. When he stated he was not going to do them Officer Gordon attempted to place him back in his cell
when 1 - Right to Pri... started resisting. Officer Gordon assisted 1 - Right to Pr... to the ground and I helped handcuff him.”
(See attached copy of 1 - Right to Pr...’s written statement for full details.)
Cadet 1 - Right to Privacy :
Cadet 1 - Right t... did not provide a written statement for the original case report, but was interviewed at Pullman PD on 10/02/2017 @ 1552 hrs.
Cadet 1 - Right t... provided information, including the following. (See BWC video for full details.)
1 - Right ...was assisting with booking of the prisoner, 1 - Right to Privacy . He was working with Cadet 1 - Right to Privacy . This was only the
second time 1 - Right ... was working in booking, and 1 - Right to P... was helping to teach 1 - Right t... the booking process. Cadet 1 - Right ... described
1 - Right to Pri... as “obviously intoxicated.” After obtaining his booking photographs, Cadet 1 - Right... said he and Cadet 1 - Right to Pr... were unable to
obtain fingerprints from 1 - Right to ... and that Cadet 1 - Right to P... had then called Officer Gordon for help.
Cadet 1 - Right... said Officer Gordon had told 1 - Right to P... he could either be fingerprinted, or go back in his cell. Cadet 1 - Right ... said he looked


away to close the fingerprint machine keyboard, and Officer Gordon went “hands-on” with 1 - Right to Pr... . Officer Gordon was pushing 1 - Right to P...
back toward the cell door. They backed up to the cell door, and Cadet 1 - Right to P... ran over and got on one side, with Officer Gordon on the
other. 1 - Right to Priv... was struggling to fight them. Officer Gordon and Cadet 1 - Right to Pr... were holding his arms. 1 - Right to Pri... was trying to kick his
legs out (flailing about), his head was thrashing, he was trying to get his arms free and he was tensing up.
They took him to the ground, trying to control him. Cadet 1 - Right to Pri... assisted Officer Gordon in getting 1 - Right to Pr... ’s hands, while Cadet 1 - Right ...
grabbed his legs. [Cadet 1 - Right... said this was his first hands-on interaction as a Cadet, and he admitted that he “sort of froze up, and didn’t
know what to do.”]
Cadet 1 - Righ... said 1 - Right to Pr... “kept resisting, kept trying to fight us off, and kept bucking.” He said 1 - Right to Pr... attempted to hit Cadet 1 - Right to Pr...
and Officer Gordon.
Cadet 1 - Right ... said he saw 1 - Right to Pri... hit Officer Gordon in the face. He said 1 - Right to Pr... was lifting his arms up and trying to hit Officer Gordon
in the head. 1 - Right t... said “it happened at least once.” (He originally stated 1 - Right to Pri... hit Officer Gordon two times.)
Cadet 1 - Right ... said Officer Gordon punch 1 - Right to Pri... in the face two times. He said Officer Gordon was telling 1 - Right to Pri... to stop resisting, and
to stop fighting. Cadet 1 - Right t... said 1 - Right to Pri... did not stop resisting or fighting.
Cadet 1 - Right ... said 1 - Right to Pri... called Officer Gordon idiot. He said 1 - Right to Pr... repeatedly said his father was a police officer and he was going to
get Officer Gordon fired.
Cadet 1 - Right ... said Sergeant Hargraves and Officer Emerson arrived, and they placed 1 - Right to Pri... into the restraint chair. He said medics also
arrived and checked on 1 - Right to Priv...
Cadet White said 1 - Right to Pri... was spitting blood out, and that one of the officers placed a spit hood on 1 - Right to Pr... .
I asked Cadet 1 - Right ... to describe what signs or symptoms caused him to believe 1 - Right to Pr... was intoxicated, and he replied, “Impaired ability
to form coherent sentences, slurred speech, stumbling a lot and having a vacant expression.”
Officer Gordon Interview:
Officer Gordon was interviewed on 11/01/2017 @ 1230 hrs. The interview was recorded on Axon BWC video (Axon file #201711011233)
with the permission of Officer Gordon and his attorney Trevor Caldwell. (See Axon BWC video for details.)
EXPERT EVALUATION:
Sergeant Dan Hargraves was interviewed on 09/24/2017 (and a follow up again on 09/28/2017. Sergeant Hargraves is a state-certified
Defensive Tactics instructor, having received Washington State Law Enforcement training as an instructor in Level 1 Defensive Tactics,
Level 2 Defensive Tactics, Spray, Impact Weapons and 1st Level Supervision. I asked the following questions.
1)Did you read the report, case #17-P01444, submitted by Officer Alex Gordon concerning an incident and subsequent arrest of 1 - Right t...
on 02/04/2017? Answer: “Yes.”
1 - Right to Pri...
2)Di you view the BWC video for Officer Gordon recorded within the jail processing area, beginning at approximately 0353 hrs on
02/04/2017? Answer: “Yes.”
3)Did you view the Processing Area video regarding the same event? Answer: “Yes.”
4)Did you witness any part of the interaction between Officer Gordon and 1 - Right to Privacy in the Processing area on 02/04/2017? Answer:


“Yes.”
5)Do you believe the method and level of force used by Officer Gordon was “necessary” as per the definition in RCW 9A.16.010, which
states in part, “…no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable
to effect the lawful purpose intended?” Answer: “I do.”
6)Do you believe the method and level of force used by Officer Gordon was lawful?
Answer: “Yes.”
7)Do you believe the methods and level of force used by Officer Gordon was in compliance with department policy, including Chapter 10?
Answer: “Yes.”
8)Do you believe the methods and level of force used by Officer Gordon was in accordance with his training, as provided by the Pullman
Police Department? Answer: “Yes.”
REFERENCE: Synchronized Timeline Summary from Processing Area video and Gordon BWC:
-Axon file #20170204023132: Small Jail Video
-Axon file #20170204035042: Large Jail Video
-Axon file #201702040353: Gordon BWC
Minutes intoGordon
Clock TimeRecordingBWCComment
3:49:55 hrs31:15Interns open 1 - Right to Pr... s cell door
3:50:4332:03 1 - Right to Pr... exits cell [Large Jail Video starts]
3:54:0035:20Officer Gordon enters processing area
3:55:11***Officer Gordon & 1 - Right to Pr... to the wall
3:55:14***Officer Gordon 1st knee strike while standing
3:55:161:49To the floor [Base time synchronizing point]
3:55:231:56Officer Gordon 1st knee strike on the floor
3:55:292:02Officer Gordon 2nd knee strike on the floor
3:55:302:02Officer Gordon 3rd knee strike on the floor
3:55:0836:28Officer Gordon “hands-on” with 1 - Right to Pri...
3:56:2037:40Officer Emerson enters
3:56:3637:56Sergeant Hargraves enters
3:56:4738:06Officer Emerson positions restraint chair
3:57:4439:03Officer Gordon and Cadets stand up


3:57:5239:12Officers go down again, Sgt Hargraves foot
4:00:0641:25 1 - Right to P... lifted to feet and place in chair
ANALYSIS:
In review, K. 1 - Right to Pri... provided an 8-page letter, and in summary, K. 1 - Right to Pr... stated his primary complaint or allegation in the last
paragraph,
”My complaint is specifically against Officer Alex Gordon for using unnecessary and excessive force against my son 1 - Righ... resulting in him
sustaining facial injuries and having to go to a hospital twice (Colfax Hospital and Pullman Hospital).”
In an evaluation of the primary allegation of “unnecessary and excessive” use of force, a look at the Revised Code of Washington (RCW)
9A.16.010 reveals the statutory definition of “Necessary.”
RCW 9A.16.010 - Definitions.

In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was
reasonable to effect the lawful purpose intended.
In addition, RCW 9A.16.020 statutorily specifies when the “use of force” upon another is not unlawful, and states in part:
RCW 9A.16.020 - Use of force—When lawful.

The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the
officer's direction;
In summary, the BWC videos, Jail Processing area videos and witness statements show 1 - Right to Pri... :
-Assaulted 1 - Right to Privacy in the area of Providence Court

-Attempted to provoke a witness, 1 - Right to Privacy , to fight
-Provoked an unidentified male (with the grey shirt) to fight, and suffered a bleeding nose
-Refused to cooperate with booking fingerprints
-Demanded not to be touched by the Cadets, and later by Officer Gordon
-After Officer Gordon began to push him toward the cell, 1 - Right to P... grabbed Officer Gordon’s right arm
-Officer Gordon used a knee strike to initiate a movement to place 1 - Right to P... to the floor to get him under control
-While on the floor, 1 - Right to Pr... struck, or attempted to strike, Officer Gordon with his left hand, resulting in two or more hammer strikes by
Officer Gordon to 1 - Right to Pr... ’s face
-Refused to place his hands behind his back, resulting in three knee strikes to his torso, resulting in 1 - Right to P... ’s subsequent compliance.
INVESTIGATIVE SOURCES:
-Pullman PD case report #17-P01444

-BWC Axon recordings
oOfficer Gordon #201702040204 and #201702040353


oOfficer Emerson #201702040205 and #021702040400
oOfficer McNannay #201702040203
oSergeant Hargraves #201702040359
-BWC Axon photographs
oOfficer Gordon #20170204040336
oOfficer Gordon #20170204040338
-Written Statement of former WSU cadet 1 - Right to Privacy dated 02/04/2017
-Dornes interview of WSU Cadet 1 - Right to Privacy / BWC #201710021536
-Dornes interview #1 of Sergeant Hargraves / BWC #201709242319 and #audio only recording on CD
-Dornes interview #2 of Sergeant Hargraves / audio only recording on CD
-Dornes interview of Officer Gordon / BWC #201711011233
-Processing area video
o#20170204023132 (multiple camera views / cell, sally-port and booking area)
o#20170204035042 (larger view of booking area)
Recommendations of Cmdr. Tennant:

(11-9-17) After reviewing the material, I am recommending a disposition of "Exonerated - the alleged circumstances occurred but were
lawful and proper" as per Chapter 8 Discipline Section 2.26 Dispositions of Allegations of Misconduct.
There is sufficient information to show that 1 - Right to Privacy had facial injuries prior to his arrest. The force used by Officer Gordon was in
response to actions initiated by 1 - Rig... and were reasonable and necessary given the totality of the circumstances.
ATTACH ALL DOCUMENTS, NOTES AND OTHER MATERIAL PERTAINING TO THE COMPLAINT AND INVESTIGATION AND
FORWARD TO CHIEF OF POLICE.
CLASSIFICATION OF COMPLAINT:
( ) INQUIRY ( ) MOTOR VEHICLE ACCIDENT ( ) OTHER ACCIDENT

( ) DEMEANOR ( ) HARASSMENT ( ) NEGLIGENCE
( ) ILLEGAL SEARCH ( ) FALSE ARREST ( X ) EXCESSIVE FORCE
( ) VIOLATION OF CITY/DEPARTMENT POLICY ( ) CRIME
FOR CHIEF OF POLICE ONLY:

RESULT OF INVESTIGATION:
I concur with Commander Tennant's analysis and disposition. Disposition letter sent to 1 - Right to Privacy .
Gary Jenkins, Chief of Police


November 10, 2017
ACCIDENT: ( ) UNAVOIDABLE ( ) AVOIDABLE
( ) DRIVER JUDGEMENT ERROR ( ) DRIVER NEGLIGENCE

( ) MINOR MISCONDUCT ( ) SERIOUS MISCONDUCT
FINDING:
( X ) EXONERATED ( ) UNFOUNDED ( ) NOT SUSTAINED ( ) SUSTAINED
DISCIPLINE:
( X ) NONE
( ) ADMINISTERED/NATURE:
DATE ADMINISTERED:
POLICY/POLICIES VIOLATED:
( ) PRIOR CORRECTIVE ACTION OF SIMILAR NATURE
( ) EXPIRES UNLESS MISCONDUCT OF SIMILAR NATURE OCCURS

Redaction Date: Friday, December 14, 2018 10:13:39 AM
Total Number of Redactions: 270
By Exemption:
"RCW 42.56.050 - Invasion of privacy occurs if the disclosure of information 1. would be

highly offensive to a reasonable person and 2. is not of legitimate concern to the public. "
(Right to Privacy): 270 instances
By Page:
Page 1 - "RCW 42.56.050 - Invasion of privacy occurs if the disclosure of information 1.

would be highly offensive to a reasonable person and 2. is not of legitimate concern to the
public. " (Right to Privacy): 4 instances

17-17 Excessive Force Complaint (Exonerated)

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17-17 Excessive Force Complaint (Exonerated)

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Pullman Police Department

Complete Details For 17-17

Category: Formal Citizen Complaint Type: Type Unknown Occured: On Duty

Location Occurred: PPD Holding District/Area: Not Stated

Cell Phone: Business Phone: Email Address: 1 - Right to Privacy

Summary: Father of arrestee complains of excessive force.

Type Of Complaint Description Complaint Disposition

Name ID Number Rank Division Shift Officer Disposition On Alert Camera

Narrative: DATE COMPLAINT RECEIVED: 06/29/2017 .

Gary Jenkins, Chief of Police .

DATE OF ALLEGED INCIDENT: 02/04/2017 .

LOCATION OF ALLEGED INCIDENT: Pullman Police Department (260 SE Kamiaken Street).

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Complete Details For 17-17

GORDON, Alexander Douglas / Patrol / Senior Police Officer .

NAME AND RANK OF PERSON ASSIGNED INVESTIGATION:

DORNES, Daniel Lee / Patrol / Sergeant .

DATE ASSIGNED: 06/29/2017 .

DATE FIRST PERSONAL CONTACT MADE WITH COMPLAINTANT: N/A

DATE INVESTIGATION COMPLETED: TBD.

WITNESSES (FULL NAME, ADDRESS, TELEPHONE NUMBER):

[Graduated from WSU, and unknown current address]

SUMMARY OF ALLEGATIONS AND INVESTIGATION:

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Complete Details For 17-17

17-P01444 / At the scene

17-P01444 – Booking Process

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Complete Details For 17-17

Gordon:“OK. You need to do your fingerprints.”

Gordon: “OK. You need to do your fingerprints now.”

Gordon:“OK. So, not right now.”

1 - Right to Pri... “I wouldn’t – I need my fing- call. I know- I know my rights.”

Gordon: “So, you believe that’s in the constitution?”

Gordon:“So, I need you to do the fingerprints.”

1 - Right to Pri... “What am I being arrested for exactly. Tell me.”

Gordon:“Assault 4th Degree, Domestic Violence”

1 - Right to Pri... “Who did I touch? Who did I touch?”

Gordon:“I need you to do your fingerprints.”

1 - Right to Pri... “Who did I touch, Officer Gordon?”

Gordon:“I need you to do your fingerprints.”

1 - Right to Pr... “Officer Gordon, who did I touch? Answer my question.”

Gordon:“You need to do your fingerprints.”

Gordon:“You can stay in your cell, and ...”

1 - Right to Pri... “That’s fine. Officer Gordon, what exactly…”

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Complete Details For 17-17

1 - Right to Pri... then begins to ask questions to Officer Gordon again:

1 - Right to Pri... “What am I being...”

Gordon:“So, are you refusing the fingerprints?”

1 - Right to Pri... “I’m not talking to you. I’m asking…”

a shit fucking court [unintelligible]…”

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Complete Details For 17-17

EventJail Video clock timeGordon BWC timeElapsed time

1 - Right to Pri... on floor03:55:171:49---

1st knee strike on floor3:55:161:567 seconds

2nd knee strike on floor3:55:292:026 seconds

3rd knee strike on floor3:55:302:031 second

Officer Gordon replies, “Don’t hit me in the face.”

Officer Gordon then repeats, “Don’t hit me in the face.”

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Complete Details For 17-17