Los Angeles: Los Angeles Police
Department, First Assistant Chief Jim McDonnell today announced that the
Department has completed its review of a complaint investigation involving a
non-categorical use of force arrest that occurred on February 8, 2005, at
Venice Beach.
Thirty year-old Benjamin Barker was arrested after store owners
on Ocean Front Walk called 9-1-1 and reported that Barker had attacked a store
owner and was spitting on patrons and challenging them to fight. After
handcuffing Barker, officers tried to put him in the back of a police
car. At one point Barker spit on an officer who then used Oleoresin
Capsicum (OC) spray on Barker.
A person who witnessed the arrest captured it on
videotape. The tape was given to the Consent Decree Independent
Monitor. On August 17, 2005, a copy was sent to Chief William Bratton for
his review and to initiate an administrative complaint investigation.
Today Chief McDonnell announced the Department has completed its investigation.
The Department is unable to disclose further information
concerning the investigation due to State laws restricting the release of
information related to confidential personnel investigations.
Chief Bratton has completed a separate review of Department
policies and guidelines as it relates to the use of OC spray and has concluded
no changes need to be made. "OC spray is a highly effective
non-lethal tool that is necessary for officers to use when trying to de-escalate
a confrontation with an uncooperative and or combative suspect," said
Chief Bratton.
Questions can be referred to Media Relations Section at 213-485-3586.