OPO Analysis: APD Use of Force Axon Report (2024 Quarter 1 Data Analysis)

OF
CITY
RUSTIN
FOUNDED
1839
OFFICE OF
POLICE OVERSIGHT
OPO POLICY AND RESEARCH
ANALYSIS: APD USE OF FORCE
AXON REPORT
2024 Quarter 1 Data Analysis
Table of Contents
Table of Contents
1
Background & Key Findings
2
Data Role of APD and OPO
3
Use of Force Incident Totals by Sector
4
Level of Force by Sector Breakdown
5
Number of Techniques Used by Officers
6
Resistance Encountered by Officers
7
Officers and Subjects Injured by Sector
8
Appendices
9
Appendix A
10-11
Appendix B
12-13
Appendix C
14
Page 1 of 14
Background
According to the "Austin Police Oversight Act" and Resolution 99, the Office of Police Oversight
(OPO) has been charged with analyzing all of the Austin Police Department's (APD) force incident
data. APD is to provide OPO with all public force incident data up to the most recent month. The
Force Review Unit at APD is currently responsible for sending monthly AXON Use of Force
reports to OPO. The Force Review Unit only reports on Level II through Level IV force incidents.
It's important to note that each incident may involve multiple officers, subjects, and levels of force
used. Below are the details of the data sources for each AXON report.
AXON Source of Data:
When an officer is involved in a use of force incident, they must alert their direct supervisors, who
are required to submit an "RTR/Pursuit Incident Notification Form" with a summary of the incident
to the Force Review Unit. A sergeant from the Force Review Unit reviews the report as well as
any additional supporting documentation, such as body-worn camera footage. The Force Review
Unit manually inputs its incident evaluation into the Axon Standards Platform, which generates
the monthly use of force report emailed to OPO.
AXON Measurement Categories (Variables):
1. Number of Incidents
2. Number of Subjects
3. Number of Officers
4. Level of Force by Sector
5. Type of force level used.
6. Response Techniques
7. Level of force by command
8. Resistance Encountered
Key Findings of 2024 Q1 OPO Analysis
1. The George sector experienced the highest number of use of force incidents (24%) in
Quarter 1
2. In the majority of sectors Level IV use of force was used most often. Level II was used the
least.
3. "Weaponless Other" was the technique used most often by officers (43% of all techniques
reported), followed by "Weaponless Takedown" (25%).
4. Most incidents were reported to involve "Defensive Resistance" (60%).
Page 2 of 14
5. In most sectors, subjects were injured in use-of-force incidents significantly more often than
officers.
The chart below shows the responsibilities of APD in reporting data and OPO in analyzing it
according to Resolutions and City Code.
Data Roles of OPO and APD
Office of Police Oversight
Austin Police Department
APOA: "Austin Police
Office of Police Oversight is
N/A
Oversight Act" ( City Code
to conduct random
section 2-15-3(B) (11)
assessments of department
use of force reviews, analyze
all force incident data
Resolution 99: "APOA
Office of Police Oversight
The police Chief shall
implementation"
may begin to conduct force
provide to the Office of
incident data analysis in
Police Oversight all public
accordance with City Code
force incident report data up
section 2-15-3 (B)(11)
to the most recent month,
including an anonymized
officer ID
Resolution 132: "APD
N/A
APD shall release data related
Open Policing Data
to "Use of Force with
Release"
Demographic Data"
a) All current data in
response to resistance
dataset
b) If an injury or death
resulted from the use
of force
c) Census Block Group
of the use of force
event.
Page 3 of 14
Use of Force Incident Totals by Sector
(See Appendix C)
Figure 1 displays the number of uses of force incidents by sector. The George sector experienced
the highest number of use of force incidents (24%) in Quarter 1. The Downtown Area Command
(DTAC) is housed in this sector, which might explain the higher number of incidents due to the
higher concentration of pedestrians (the public) within the entertainment districts.
*Please note a single incident can count in more than one sector
160
149
140
120
100
81
80
66
57
61
55
56
60
44
36
40
20
7
0
Adam Baker Charlie David Edward Frank George Henry
Ida
n/a
(DTAC)
Figure 1: Incident Totals by Sector QTR 1
Note: "n/a" includes incidents that occurred at ABIA and out-of-city
Page 4 of 14
Level of Force by Sector Breakdown
(See Appendix A)
Officers report on the Level of Force used in each incident; there are four levels, with Level I
being "Deadly Force" and Level IV "Restricting Movement." In the majority of sectors, Level
IV use of force was most often used, and Level II was used the least.
*Please note that AXON does not report on Level I use of force.
250
208
200
160
150
100
89
90
84
84
75
78
80
72
63
49
46
44
45
50
37
40
30
11
0
3
3
6
1
1
2
3
2
5
5
0
Adam
Baker
Charlie
David
Edward
Frank
George
Henry
Ida
n/a
(DTAC)
Level II
Level III
Level IV
Figure 2: Level of Force by Sector QTR 1
Note: "n/a" includes incidents that occurred at ABIA and out-of-city
Page 5 of 14
Number of Techniques Used by Officers
In Figure 3, you can see the frequency of the different weapons or techniques used by officers. The
most commonly used technique was "Weaponless Other" (43% of all reported techniques),
followed by "weaponless takedown" (25%). "Weaponless Other" describes the use of physical
strength or techniques by an officer to control, restrain, or defend against a subject without the use
of any weapons. The use of "Taser" and "weaponless joint manipulation" occurred with the same
frequency (12%).
Weaponless Other
417
Weaponless Takedown
238
Taser
112
Weaponless Joint Manipulation
112
Strike Punch
37
Strike Kick
26
Chemical
14
Pepperball
7
Canine
1
Impact Weapon
1
PIT
1
Other
2
0
50
100
150
200
250
300
350
400
450
# of Incidents
Figure 3: Number of Techniques Used by Officers QTR 1
Page 6 of 14
Resistance Encountered by Officers
(See Appendix B)
In
the analysis of resistance encountered by officers, most incidents involved "Defensive
Resistance" (60%). The least encountered type of resistance was "Deadly Resistance" (1%).
1%
5%
Defensive Resistance
16%
Preparatory Resistance
Aggresssive Resistance
18%
60%
Passive Resistance
Deadly Resistance
Figure 4: Resistance Encountered by Officers QTR 1
Page 7 of 14
Officers and Subjects Injured by Sector
Figure 5 below shows injuries sustained by both APD officers and subjects by sector. In most
sectors, subjects were injured in use-of-force incidents significantly more often than officers.
George sector had the most subject injuries (65 subjects sustained injuries in QTR 1).
70
65
60
50
40
33
30
25
24
21
21
20
16
17
11 11
11
8
9
9
10
6
6
6
4
0
1
0
Adam
Baker
Charlie
David
Edward
Frank
George
Henry
Ida
n/a
(DTAC)
# of Officers Injured
# of Subjects
on Incidents
Injured
Figure 5: Officer and Subject Injured by Sector QTR 1
Note: "n/a" includes incidents that occurred at ABIA and out-of-city
Data Challenges:
Not able to reconcile AXON data with Open Data Portal (Versadex)
No demographics were provided for subjects or officers.
Not able to link the use of force or resistance by case.
No specific or detailed description of injuries.
Page 8 of 14
Appendices
Appendix A- Level of Force
Appendix B- Resistance
Page 9 of 14
Appendix A- Level of Force- the following is pulled directly from APD's General
Orders and describes the different levels of force measured.
211.2 DETERMINING THE CORRECT FORCE LEVEL
LEVEL 1 FORCE INCIDENTS AND IN-CUSTODY DEATHS
(a) Any force resulting in death.
(b) Any force that resulted in a substantial risk of death.
(c) Any intentional firearm discharge at a person, vehicle, or structure regardless of injury.
1. For the purposes of this General Order, TASER Conducted Energy Weapons and less lethal
weapons firing kinetic energy projectiles (i.e. 37mm, and 40mm launchers) are not considered
firearms.
(d) Any intentional firearm discharge at an animal that results in injury to another person.
1. For the purposes of this General Order, TASER Conducted Energy Weapons and less lethal
weapons firing kinetic energy projectiles (i.e. 37mm, and 40mm launchers) are not considered
firearms.
(e) Any unintentional firearms discharge resulting in another person's injury or death.
(f) Any force that resulted in serious bodily injury requiring admittance to the hospital, beyond
emergency room treatment and release (e.g., serious disfigurement, disability, or protracted loss
or impairment of the functioning of any body part or organ).
(g) Use of any impact weapon, including kinetic energy projectiles, and improvised weapons,
that strikes the head of a subject.
(h) In-Custody Deaths: For inquiry, reporting, and review purposes, all in-custody deaths
occurring prior to or within 24 hours after booking shall be treated as Level 1 incidents and
require concurrent inquiries conducted by SIU and IA, regardless of whether force was used on
the subject.
(i) The utilization of the Precision Immobilization Technique when serious bodily injury or death
occurs.
LEVEL 2 FORCE INCIDENTS
(a) Any strike to the head by an employee with any weaponless technique.
(b) Use of any impact weapons, including kinetic energy projectiles (other than a Taser), and
improvised weapons, to strike a subject and contact is made, regardless of injury. (A strike to the
head is a Level 1).
1
107 APD General Orders Issued 06-27-24.pdf (austintexas.gov)
Page 10 of 14
(c) Any deployment of a police canine resulting in a bite to a subject's skin, or which results in
any injury to a subject.
(d) The utilization of the Precision Immobilization Technique, unless serious bodily injury or
death occurs.
LEVEL 3 FORCE INCIDENTS
(a) Use of Oleoresin Capsicum (OC/Pepper Spray) or other chemical agent on a subject.
(b) Any Taser application (including a Taser application that misses or does not cause NMI).
(c) Use of any impact weapon, including kinetic energy projectiles or any other similar object, in
an attempt to strike a subject but no contact is made.
(d) Use of a baton for a non-striking purpose (e.g., prying limbs, moving, or controlling a
subject).
(e) Any force resulting in injury or a continued complaint of pain, but not rising to a Level 1 or 2
incident.
(f) Any weaponless technique that causes an impact to the body with or without a complaint of
injury or pain. (A weaponless strike to the head is a Level 2).
Examples of weaponless techniques include:
1. Hand/palm/elbow strikes.
2. Kicks or leg sweeps.
3. Take-downs. (g) Any deployment of a police canine for the purpose of biting a subject whose
location is known to the handler which results in no injury to the subject.
LEVEL 4 FORCE INCIDENTS
(a) A level of force utilizing empty hand control techniques that does not result in injury or
continued complaint of pain and does not rise to a Level 3 response to resistance.
Examples include, but are not limited to:
1. Restricting a subject's movement by strength or body weight (to include resisted escorting or
handcuffing of a subject who is actively resisting arrest beyond the initial or reflexive stiffening
or pulling away of a person's arm(s) that officers commonly encounter during handcuffing).
2. Using leverage or strength to bring a subjects arms or legs together for the purposes of
controlling, handcuffing, or hobbling the subject (to include resisted control, handcuffing,
hobbling when the subject is actively resisting arrest beyond the initial or reflexive stiffening or
pulling away of the subject's arm(s) or leg(s) that officers commonly encounter during efforts to
control, handcuff, or hobble a subject).
3. Pressure point control tactics.
Page 11 of 14
Appendix B- Resistance- the following is pulled directly from APD's General
Orders and describes types of resistance encountered by officers.
200.3 RESISTANCE²
In any force encounter, and regardless of the tool/weapon/tactic chosen by the officer, the
officer's decision to use the tool/weapon/tactic is dependent upon the suspect's level of
resistance, the threat reasonably posed by the suspect to the officer or another, and the totality of
the circumstances known to the officer at that time.
Types of Resistance:
No Resistance (Compliant) - A subject who does not resist and follows all commands is
compliant. Only a law enforcement officer's presence and verbal commands are required when
dealing with these subjects; no coercive physical contact is necessary.
Passive Resistance (Non-Compliant) - A passively resistant subject that fails to take voluntary
physical action to obey officer commands yet do not offer physical resistance when officers are
forced to take physical control of them due to non-compliance. (a) An example would be a
subject going limp during an arrest. Among other things, General Orders do not allow for the use
of a Taser when the only resistance offered is passive resistance.
Defensive Resistance - Defensive resistance is voluntary physical movement and / or muscular
tension resistance by a subject that attempts to prevent the officer's control.
(a) This is the most common type of resistance encountered by officers.
(b) The situational context (totality of the circumstances) must be considered when determining
if a subject is defensively resisting or merely passively resisting. Likewise, the "totality of the
circumstances" must be considered when choosing which level of force is necessary to control
the situation, and prevent unnecessary harm.
(c) Examples of defensive resistance by a subject may include pulling away from the officer's
grasp, locking arms under their body, resisting handcuffing/frisk, fleeing from an officer, or
evading arrest by concealment
Aggressive Resistance - Aggressive resistance is an offensive action by the subject who attempts
to push, throw, strike, tackle, or physically harm the officer or another person. (a) If the officer or
members of the public are threatened by the subject's actions, the officer must respond with
appropriate force to stop the attack and defend himself/herself or others.
Deadly Resistance - Deadly Resistance is an offensive action by the subject that could seriously
injure or kill the officer or another person if immediate action is not taken to stop the threat.
2
107 APD General Orders Issued 06-27-24.pdf (austintexas.gov)
Page 12 of 14
Preparatory Actions Indicating Greater Resistance - Although, on the surface, a suspect may
offer or exhibit behaviors associated with not being resistant or a lower level of resistance such
as "passive resistance," or "defensive resistance," the officer may also recognize the subject is
preparing to offer greater resistance or launch an attack through specific, articulable behavioral
cues (verbal, non-verbal and/ or physical). Depending on the circumstances, certain forms of
passive resistance, such as verbal non-compliance and/or verbal threats, may be indicators the
subject is preparing for a higher level of resistance than is actually being displayed. The officer
must be prepared to adjust tactics and/or defend themselves from such a sudden change or attack.
Officers do not need to suffer an injury or wait for a physical attack to manifest itself before
taking actions to protect themselves or others.
Page 13 of 14
appendix C-ArD sector Map
APD Sector Map
35
GEORGE
(DTAC)
ADAM
(NORTHWEST)
183
EDWARD
(NORTHEAST)
29C
IDA
(NORTH-CENTRAL)
183
BAKER
55
(CENTRAL-WEST)
CHARLIE
(CENTRAL-EAST)
HENRY
DAVID
(SOUTH-CENTRAL)
(SOUTHWEST)
or
FRANK
F.
(SOUTHEAST)
163