Flashcards in Sam Smith Direct Deck (38):
Please state your name for the court, spelling the last.
My name is Sam Smith, spelled S-M-I-T-H.
Ms. Smith, what is your occupation?
I am a police officer for the Lakeview Police Department. I’ve been an officer for 23 years
Officer Smith, in preparation to become a police officer, did you undergo any training?
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
How proficient were you at these classes?
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
Do you have any certifications for this teaching?
Yes, I completed the instructor school for Control and Arrest tactics
What else have you done for the Lakeview Police Department?
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
Have you done anything else to help the Lakeview community?
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.
Could you explain to the members of the jury why you volunteer at the school for children with autism?
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
During your 23 years on the force, has your life ever been in danger
Well, being a police officer is a dangerous line of work. I put at my life at risk for the community everyday.
Are there any specific experiences you can remember?
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.
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?
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
Did you receive any subsequent information?
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
Do you know why the priority level was heightened?
Yes, I was told that the suspect may have been armed with a 5-inch knife.
Based on the information that you had at the time officer, what action did you take?
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
What was the name of the person who you believed to fit the description you had?
My suspect’s name is Addison Grant
Can you identify this man/woman for the court?
Yes *Then identify Addison Grant*
Officer Smith, while patrolling the park, did you see Addison Grant?
I did. I found Mr/Ms. Grant around the scene of the crime only minutes after receiving the call from dispatch
What observations did you make about Mr./Ms. Grant after finding him/her?
He/she had on a grey shirt, plus red shorts. He/she appeared to me to be tired from running.
Did you notice any objects that he had on him?
Yes. I noticed something sticking out her/his back pocket that resembled the description of the stolen purse.
What did you do when you saw him/her?
I approached her/him to conduct an investigatory interview
What did this interview consist of?
I asked Mr./Ms. Grant if he/she would stand up so that I may check her/him for the item in question
Did Mr./Ms. Grant consent to this search?
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”
What happened next?
I began a pat down of the suspect.
Did you finish your pat down?
No. Moments after starting my pat down, Grant resisted arrest by stiffening his/her arms and clawing at me
Despite this resistance, did you feel that you could control Grant?
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.
Officer you said that you did not have the situation under control, so why did you not call for backup?
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.
So, did you end up deploying your taser?
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.
Afterwards, did you have the situation under control
Actually no. As I was still trying to subdue Mr./Ms Grant, a friend of his/hers approached us and began yelling at me
How did this affect what you did to defuse the situation?
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
What did you do next?
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.
Now, Officer Smith, are you familiar with Lakeview Police Department’s Standard Operating Procedure?
Officer Smith, is this your police department’s standard operating procedure?
Yes it is
Can you explain what these operating procedures cover?
Certainly. The standard operating procedure describes factors that determine acceptable use of force
May I direct your attention to factor one under the bolded section “Totality of Circumstances”. Are you familiar with this factor?
I am. It describes how an officer should not use force if there are alternative methods of controlling a suspect
Officer Smith, when you deployed you taser, did you feel that you had any alternative methods to control Mr./Ms Grant?
I did not
Can you explain factor five under the “Totality of Circumstances” section?
It tells that force may be objectively reasonable if the number of persons involved is greater than the number of responding officers
Officer Smith, do you feel that this factor applies to your decision to use the force you did?
I do. Once Grant’s friend Bailey Wilson began yelling at me during the arrest, I felt outnumbered and overpowered.