Sam Smith Direct Flashcards

1
Q

Please state your name for the court, spelling the last.

A

My name is Sam Smith, spelled S-M-I-T-H.

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2
Q

Ms. Smith, what is your occupation?

A

I am a police officer for the Lakeview Police Department. I’ve been an officer for 23 years

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3
Q

Officer Smith, in preparation to become a police officer, did you undergo any training?

A

I went through the police academy. In addition, I have trained with use of force simulations, and taken weeks of Control and Arrest Tactics classes

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4
Q

How proficient were you at these classes?

A

Well actually, I was recognized at the top of my class, so I spent 75% of my time training other officers in the standard operating procedure

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5
Q

Do you have any certifications for this teaching?

A

Yes, I completed the instructor school for Control and Arrest tactics

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6
Q

What else have you done for the Lakeview Police Department?

A

I have also served on the diversity initiative, the officer-involved shooting task force, and I even helped write the curriculum for Control and Arrest Tactics

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7
Q

Have you done anything else to help the Lakeview community?

A

I volunteer once a month at a humane society and I advise the community housing committee for people with disabilities, plus I help out at a school for children with autism.

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8
Q

Could you explain to the members of the jury why you volunteer at the school for children with autism?

A

My little brother has a severe form of autism, and helping him through his struggles has inspired me to be a positive force for those with special needs

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9
Q

During your 23 years on the force, has your life ever been in danger

A

Well, being a police officer is a dangerous line of work. I put at my life at risk for the community everyday.

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10
Q

Are there any specific experiences you can remember?

A

Yes, I was stabbed in the back while it answering a domestic abuse call, and I still suffer back pains to this day as a result. It was a terrible experience.

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11
Q

Now officer, I’d like to draw your attention to July 20th, 2017. At approximately 2 o’clock, did you get a call on your radio alerting you that a crime had been committed?

A

Yes, I got the first call at 2:13 from dispatch telling me that a purse had been stolen by a man/woman wearing a grey shirt and red shorts, exhibiting twitchy behavior

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12
Q

Did you receive any subsequent information?

A

I did. Exactly a minute later, I was told that the situation had escalated to priority level one, meaning that there was a possible dangerous suspect

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13
Q

Do you know why the priority level was heightened?

A

Yes, I was told that the suspect may have been armed with a 5-inch knife.

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14
Q

Based on the information that you had at the time officer, what action did you take?

A

I suspected the person involved to be a man/woman who I had arrested in the past for criminal offenses who I believed fit the description given to me

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15
Q

What was the name of the person who you believed to fit the description you had?

A

My suspect’s name is Addison Grant

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16
Q

Can you identify this man/woman for the court?

A

Yes Then identify Addison Grant

17
Q

Officer Smith, while patrolling the park, did you see Addison Grant?

A

I did. I found Mr/Ms. Grant around the scene of the crime only minutes after receiving the call from dispatch

18
Q

What observations did you make about Mr./Ms. Grant after finding him/her?

A

He/she had on a grey shirt, plus red shorts. He/she appeared to me to be tired from running.

19
Q

Did you notice any objects that he had on him?

A

Yes. I noticed something sticking out her/his back pocket that resembled the description of the stolen purse.

20
Q

What did you do when you saw him/her?

A

I approached her/him to conduct an investigatory interview

21
Q

What did this interview consist of?

A

I asked Mr./Ms. Grant if he/she would stand up so that I may check her/him for the item in question

22
Q

Did Mr./Ms. Grant consent to this search?

A

He/she did. In fact, Mr./Ms. Grant told me “I’ve got nothing to hide”. And then he/she called me a “stupid idiot”

23
Q

What happened next?

A

I began a pat down of the suspect.

24
Q

Did you finish your pat down?

A

No. Moments after starting my pat down, Grant resisted arrest by stiffening his/her arms and clawing at me

25
Q

Despite this resistance, did you feel that you could control Grant?

A

I did not. Right as Mr./Ms. Grant started clawing me, my back pain flared up worse than I’ve ever experienced. I warned Mr./Ms. Grant that I would deploy my taser if he/she didn’t stop, but he/she continued to batter me.

26
Q

Officer you said that you did not have the situation under control, so why did you not call for backup?

A

You have to understand that the situation was escalating very quickly. Any time that I wasted could have put me or other citizens at risk.

27
Q

So, did you end up deploying your taser?

A

Yes I had no choice. I administered a shock on its lowest setting to regain control of the situation. I shocked him/her only once, because anything more than that could have posed a threat to her/his health.

28
Q

Afterwards, did you have the situation under control

A

Actually no. As I was still trying to subdue Mr./Ms Grant, a friend of his/hers approached us and began yelling at me

29
Q

How did this affect what you did to defuse the situation?

A

I knew I had to act quickly, because a 2-on-1 situation can easily become dangerous for both an officer and for citizens around us

30
Q

What did you do next?

A

I decided to secure Mr./Ms Grant by putting my knee on her/his back while cuffing his/her hands. I tried to avoid hitting his/her head on the ground, but I had to defuse the violent situation quickly, so some contact between Mr./Ms Grants head and the ground was inevitable.

31
Q

Now, Officer Smith, are you familiar with Lakeview Police Department’s Standard Operating Procedure?

A

I am

32
Q

Officer Smith, is this your police department’s standard operating procedure?

A

Yes it is

33
Q

Can you explain what these operating procedures cover?

A

Certainly. The standard operating procedure describes factors that determine acceptable use of force

34
Q

May I direct your attention to factor one under the bolded section “Totality of Circumstances”. Are you familiar with this factor?

A

I am. It describes how an officer should not use force if there are alternative methods of controlling a suspect

35
Q

Officer Smith, when you deployed you taser, did you feel that you had any alternative methods to control Mr./Ms Grant?

A

I did not

36
Q

Can you explain factor five under the “Totality of Circumstances” section?

A

It tells that force may be objectively reasonable if the number of persons involved is greater than the number of responding officers

37
Q

Officer Smith, do you feel that this factor applies to your decision to use the force you did?

A

I do. Once Grant’s friend Bailey Wilson began yelling at me during the arrest, I felt outnumbered and overpowered.

38
Q

And Officer, were you referencing all of these standard operating procedures in your decision to use the amount of force you did during the altercation with Mr./Ms. Grant?

A

Yes I was.