ELK GROVE, Calif. – A Northern California police officer was fired and a supervisor resigned after an investigation into a use of force incident last year concluded the officer and his boss violated policy when one kicked a suspect and his sergeant failed to report it, the department announced Thursday.
The firing stemmed from a June 5, 2019, incident in which a worker called 911 after two men attempted to steal items from a Burlington department store and then attacked a loss prevention officer, The Sacramento Bee reported.
Elk Grove Police Department responded to the scene in the 9100 block of East Stockton Boulevard at 8:43 p.m. and video of the incident shows one officer — identified as Officer Bryan Schmidt — appearing to kick a suspect while he was on the ground and not complying with another officer’s order to show his hands while on the ground.
A video release that accompanied the announcement contained more than 10 minutes of body-worn camera and dash-cam footage from multiple officers. While the video is edited, it contains very few redactions, according to the report.
“When we have a critical incident within our community, we want to share as much information with the community as much as possible, said Chief Timothy Albright in the video. “The trust from our community is critical to our success and that trust is built through transparency.”
Video from Officer Schmidt’s body-worn camera shows him walking toward Mendoza with his weapon drawn. He tells Mendoza to move his hands out from his side twice, adding “Hey, this ain’t going to be a good day for you. Hands out right now, son.” However, Mendoza keeps his arms pinned to his sides while lying face down.
As a result, Schmidt then kicks Mendoza in the head with his left leg and repeats the command, using his feet to push Mendoza’s arms away from his body. He is then handcuffed by two officers.
A later conversation between Schmidt and another officer recounts the encounter. “I’m like ‘Hey, show me your hands, show me your hands, it’s going to be a bad day for you. He was just kind of like smiling, doing that smirk, so I wham and I f—— kick him in his head. And I tell him to put his hands out and then start kicking his hands away from his sides, finally got his hands out.”
The Bee reported that Schmidt later mutes his camera microphone for 13 seconds as he continues to talk to other officers at the scene.
Mendoza appears in the video later seated in the back of Officer Schmidt’s patrol car. Blood is visible on his lower lip and near his chin. He vomited after the arrest and spoke with slurred speech, the department said in the video. Mendoza was booked into jail on suspicion of robbery, conspiracy, resisting arrest and violation of probation. He was one of two men detained by police in the incident.
Mendoza was later taken to a hospital and treated for a head injury, the department said in its video release. He has remained in custody at the Sacramento County Jail since his arrest.
Elk Grove Police Department launched an investigation once Mendoza’s attorney filed a claim for damages with the city.
“An internal investigation was immediately launched,” according to the release. “The officer involved was placed on leave and his law enforcement authority was suspended.”
Consequently, the investigation found that the officer’s supervisor “failed to identify the use of force, failed to report the use of force, and failed to complete an internal review in accordance with policy,” the department said. The sergeant is not identified in the press release.
“This failure not only did not allow for a thorough review of the force but exposed the city to unnecessary liability,” Albright said in the video. “It is a fact of this job that the use of force is at time necessary to protect the lives of the public and our officers. We do not take the use of force lightly and when questions arise we must investigate and take the appropriate action when appropriate.”
The sergeant resigned following the investigation, said Officer Jason Jimenez, spokesman for the department.
The use of force incident was determined to have violated department policy and “not in line” with training provided by the Elk Grove Police Department, reported the Sacramento Bee.
Hence, Schmidt was terminated, the release said. He is now appealing his termination, Jimenez said.
“The actions that night were not congruent with our organization’s mission, vision and values,” Albright said. “The actions by those involved do not represent the 260 committed women and men of this organization who are dedicated to serving with empathy, integrity, and professionalism.”
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Law Officer received the following update regarding this case:
Elk Grove, California – On March 12, 2020, the Elk Grove Police Department released a video depicting the arrest of two (2) suspects who engaged in a violent altercation with employees during a robbery at the Burlington Coat Factory on June 5, 2019. This video omitted relevant facts available to the officers, and failed to consider the applicable legal standards governing the officers’ actions. The appropriateness of the officers’ actions is in the process of being adjudicated.
Because the Department released selective information regarding this incident prior to affording Officer Schmidt his due process rights, this video is being released to provide the public all relevant facts constituting the “totality of the circumstances” and the legal justifications for force. Under A.B. 392, law enforcement use of force is evaluated under the “totality of the circumstances”, defined as all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of force.
MastagniHolstedt, A.P.C., a law firm specializing in representing first responders and their employee associations, asked Sean McCann, an expert in police tactics and training, to review the video released by the Elk Grove Police Department, as well as the dispatch advisements to the officers. This video contains Mr. McCann’s opinions on the appropriateness of Officer Schmidt’s actions.
Here is a link to the video produced to discuss the additional facts and provide the analysis:
