Columbus Police Chief Mike Richardson talked with members of the Columbus Human Rights Commission about the department’s policies and practices in light of ongoing protests nationwide about police brutality.
Richardson attended a virtual meeting with the commission, which was open to public viewing on the city’s website, answering questions from the commission and the public on a variety of topics, including the department’s policy on choke holds, in light of the killing of George Floyd, 46, on May 25 in Minneapolis, in which police officers are accused of causing or aiding in Floyd’s death.
Floyd was pinned to the ground for almost nine minutes under a white Minneapolis police officer’s knee before he died. He had been detained by Minneapolis police who were investigating a fake $20 bill at a store.
“We consider a choke hold deadly force,” Richardson said in response to questions about choke holds. “So the only time that that would be justified is if deadly force would be justified.”
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In a previous interview, Richardson told the Republic that, “We don’t do choke holds. Choke holds are a lethal force, so we stay away from doing those. … We de-escalate when we can. It’s one of those things that once the suspect or the person we’re dealing with, as they escalate their force that they’re using, we (adjust) ours as well.”
Richardson added at Wednesday’s meeting that while choke holds are not mentioned specifically in the Columbus Police Department’s general orders, the department teaches in its annual training that choke holds are deadly force and are therefore “banned unless deadly force is justified.”
The CPD’s general orders state that deadly force is justified “if the officer has probable cause to believe that deadly force is necessary to prevent the commission of a forcible felony or effect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person.”
The general orders state that before using deadly force, the officer should try to give a warning, if it is feasible to do so. The rule also states that deadly force is justified if the officer is using it for “self-defense purposes” in accordance with Indiana Code 35-41-3-2.
This code states that, “A person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.”
In addition to the question about choke holds, Richardson was also asked if the CPD had changed its policies or procedures at all in light of Floyd’s death and recent nationwide concerns about police brutality.
“As far as actual policy changes, as of yet, none have been made,” Richardson said. “We are accredited through CALEA, which is the Commission on Accreditation for Law Enforcement Agencies. And they are the ones that review best policies, best practices throughout the country, as well as locally. So what we’ve done is reached out to them.”
Richardson said that the police department annually reviews its policies with CALEA and that in 2019, the Columbus Police Department was found to be in 100% compliance with the commission’s standards.
Richardson also said that CALEA looks at best practices and trends across the country, as well as local police statistics. The commission then makes recommendations for policy changes.
“We submit all of our data on use of force, pursuits, arrests, the age and the race of the people we’re arresting or stopping,” Richardson said. “And CALEA will take, obviously, all that data, and they look across the country, and then they make determinations, whether those policies need to be tweaked one way or the other.”
He added that CALEA also looks at the local statistics to determine if there are any problems that the CPD specifically needs to address. He said that, as of yet, the CPD has “never had those issues.”
“We are constantly looking at our policies, seeing if they need to be redone, see if we need to add or subtract anything to those general orders,” Richardson said. “And if so, then obviously, we will add that at that point and time.”
Richardson added the CPD is required to follow state law, federal law and rulings from the court system.
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Columbus Human Rights Commission director Aida Ramirez said that anyone with additional questions for Richardson can send an email to [email protected], which will pass the question along to him.
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According to CPD’s website, "The Columbus Police Department’s General Orders are approved the Columbus Board of Public Works and Safety and follow nationally recognized best practices. CPD is accredited by both CALEA (Commission on the Accreditation for the Law Enforcement Agencies) and the ILEAC (Indiana Law Enforcement Accreditation Commission)."
These general orders can now be found at on the CPD’s website at https://www.columbus.in.gov/police/home/general-orders/.
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Indiana Code 35-41-3-2 states that, "A person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony."
The full code can be found on the Indiana General Assembly website, http://iga.in.gov/, under Title 35, Article 41, Chapter 3 of 2020 state codes.
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