KERSHAW COUNTY SHERIFF'S OFFICE ‘SHERIFF Lee BOAN To: Chief Knafele Case: 2020-01463 Deputy Goldsmith Use of Force incident/ Review Sir~ did a use of force review forthe above-mentioned case Involving the use of a taser by Deputy Goldsmith, Upon reading the case narrative written by Deputy Goldsmith, I noticed some issues with tis use of force incident. Deputy Goldsmith stated in his case report (3 Paragraph) that upon making contact with the suspect, the suspect did rat want to talk to him. He stated that the suspect was extremely agitated and sweaty asif he was under the influence ‘of narcotics Deputy Goldsmith stated that ashe approached, the suspect took a bladed stance and quickly reached for his back pocket. Deputy Goldsmith drew his firearm and tol the suspect to show his hands. The suspect complied then reached into hs front pockets. eputy Goldsmith again told the suspect to show his hands. Suspect complies with showing his hands but does not get on the ground when tld todo so, Deputy Goldsmith holsters his weapon after seeing the suspect had nothing in his hands, Deputy Goldsmith then approached to about 6 feet to talk with the suspect. Deputy Smith stated thatthe suspect stood direct in front of hin in an aggressive posture. Deputy Goldsmith then asks the suspect he wanted to hurt himsell. Suspect replies “no but I might want to hurt you, you wll never know. Deputy Goldsmith then draws his taser and orders the suspect to put his hands up. Goldsmith states the suspect puts his arms. ‘out othe sie but still close to his own body where he could stil ight if ned be, Deputy Goldsmith stated he told the suspect again to put his hands up, he didnot comply and Deputy Goldsmith discharge his taser nto the suspects upper abdomen Deputy Goldsmiths body cam video show the suspect at a distance when Deputy Goldsmith intialy made contact. (Goldsmith asks about backup onthe eadio which s estimated at about 3 minutes away] Deputy Goldsmith drew his ‘weapon asthe suspect appears to be reaching for his back pocket. Ths conversation was at what appeared to bea great distance at around dusk. | dd not see the suspect sweating or ina bladed posture. The video shows the suspect slighty ‘walking away from Goldsmith then toward him. Suspects hands appea to bein and out of his pockets, Goldsmith then ‘comes face to face wit the suspect. The suspect infront of Deputy Goldsmith standing square wit his arms crossed, he appears agitated. Deputy Goldsmith then asks the suspect he wants to hurt himself Suspect replies “no but might ‘want to hurt you, you will never knaw. Deputy Goldsmith then draws his taser and tells the suspect to put his hands up. ‘The suspact raises hi arms with his elbows in by his ibs ad his palms up. Goldsmith states hands up and discharges his taser striking the suspect in the upper and lower abdomen area. The tasers effective asthe suspects fll tothe ground and i handcuted, 821 Ridgeway Road / P.O. Box 70, Lugoff, SC 29078 (803) 425-1512 Phone / (803) 425.6021 Fax / [email protected] EmallKERSHAW COUNTY SHERIFF'S OFFICE ‘SHERIFF LEE BOAN ‘On oF about March 21 2019 | had conducted a taser review use of fore policy review class dut to recent changesin ease law involving the use ofa taser. addressed the recent United State Court of Appeals forthe 4 Circuit, ‘ase decision Armstrong V Village of Pinehurst. I that cate the Appellate Court stated that Deploying @TASER Is 2 serious use of force”. ‘Te Court went on to say that a palice officer may only use serious injurious force ikea taser, when an objectively ‘easonable officer would conclude thatthe circumstances presenta risk of immediate danger that could be mitigated by the use of force, Non-compliance with lawful orders justifies some use of force, but the level of usted force varies based on the risks posed by resistance, Use of Taser is unceasonable in response to resistance the doesnot raise a risk of immediate danger. "Physical resistance” is nat the same thing a5 "isk of immediate danger’, Deputy Goldsmith attended this training class a well asthe use of force review cass on 1/24/2020. [After reviewing the written report and watching the video there ae dscrepancis between the two, The case narrative states circumstances that are not shown on the vdeo. “The primary issue at hands the deployment of the taser on a non-compllant suspect. Allo the suspects actions are either verbal, passive physical resistance or non-compliance with lawful orders. Eventhough the suspect was reported as suicidal, possibly under the influence of narcoties, unknown weapons, allof these factors combined together ae not atthe levelof "sk immediate danger” as defined under the Armstrong case Use of ataser ia serous use of force under Armstrong. The suspect does comply with alsing his hands, make no aggressive movements and then Deputy Goldsmith deploys his taser. The taser use appear to be excessive based onthe circumstances ofthis incident —7 sat. Mtydhs 821 Ridgeway Road / P.O. Box 70, Lugoft, $C 29078, (803) 425-1512 Phone / (803) 425-6022 Fax / [email protected] Email