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June 18, 2019 Captain Todd Gardiner Orange County Sheriff's Office Training Section 2018 Annual Use of Force Analysis John W. Mina, Sheriff

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Page 1: Orange County Sheriff's Office Training Section

June 18, 2019 Captain Todd Gardiner

Orange County Sheriff's Office

Training Section

2018 Annual Use of Force Analysis

John W. Mina, Sheriff

Page 2: Orange County Sheriff's Office Training Section

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Table of Contents

Introduction ................................................................................................................................... 3

Service Area Size and Population ................................................................................................... 3

Sworn Make Up of Agency ............................................................................................................. 3

Calls for Service, Custodial Arrests and Use of Force .................................................................... 3

Application of Force per Deputy ..................................................................................................... 4

Use of Force by Race/Gender ......................................................................................................... 5

Application of Force by Type .......................................................................................................... 7

Deadly Force Overview ................................................................................................................... 8

Tactical Event Review Committee (TERC) ..................................................................................... 10

Use of Non-Deadly Force .............................................................................................................. 10

Non-Fatal Injuries to suspects and deputies ................................................................................ 11

Application of Use of Force by Day of the Week and Time of Day ............................................... 12

Use of Force by Geographical Area............................................................................................... 13

Training and Equipment Development ......................................................................................... 16

Policy and Practice ....................................................................................................................... 17

Page 3: Orange County Sheriff's Office Training Section

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Introduction

The Orange County Sheriff's Office is committed to transparency and accountability in all aspects

of use of force. The Training Section conducts an analysis of all incidents of use of force to reveal

patterns or trends that could be predictive, indicate program effectiveness, identify the need for

training and equipment and evaluate the need for potential policy revision. As part of our

commitment to the community we serve, the Orange County Sheriff's Office recognizes our

obligation to document, analyze and publicly report data on police use of force incidents.

The purpose of the analysis within this annual report is to further refine police responses in the

field with the goal of preventing harm to both citizens and deputies. This report contains summary

data intended to track, evaluate, and respond with improvements in law enforcement training

and practices as it relates to both deadly and non-deadly use of force.

The information in this report provides tremendous value by informing the agency of emerging

trends and identifying training and equipment needs. The end goal is to identify areas of

improvement for the individual deputy’s performance and overall agency policy, practices and

training.

Service Area Size and Population

The Orange County Sheriff's Office serves visitors and residents of Orange County, Florida. Orange

County is approximately 1,003 square miles and is the state’s fifth most populous county. The

Orange County Sheriff’s Office has a service population of approximately 1,349,597 residents and

millions of visitors each year. Orlando hosted 68 million visitors in 2016, 72 million in 2017 and

75 million in 2018.

Sworn Make Up of Agency

The number of sworn personnel has increased each year. In 2016, there were 1,463 sworn

deputies. In 2017, there were 1,493 sworn deputies. In 2018, there were 1,525 sworn deputies.

Calls for Service, Custodial Arrests and Use of Force

The Orange County Sheriff's Office handled 1,282,253 calls for service in 2016, 1,248,873 in 2017

and 1,261,632 in 2018. In 2016, the Orange County Sheriff's Office made 28,470 arrests, which is

2.22% of the calls for service generated. In 2017, the agency made 26,610 arrests, which is 2.13%

of calls for service. In 2018, the agency made 27,318 arrests, which is 2.16% of the calls for service.

Force was used during 221 incidents in 2016, which is .017% of the 1,282,253 contacts and .77%

of the 28,470 arrests. In 2017, force was used during 254 incidents, which is .020% of the

Page 4: Orange County Sheriff's Office Training Section

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1,248,873 total calls for service and .95% of the 26,610 arrests. In 2018, force was used during

210 incidents, which is .016% of the 1,261,632 calls for service and .76% of the 27,318 arrests.

The amount of force used per call for service has remained consistent over the last three years as

has the amount of force per arrest. There is no statistical significance that would cause a concern.

Application of Force per Deputy

The following is a comparison of the amount of force used per deputy for each year. In 2016 there

were 1,463 deputies employed by the agency. Force was used 221 times, which 15.11% of the

sworn population. In 2017, there were 1,493 deputies employed by the agency. Force was used

for 254 times, which is 17.01% of the sworn population. In 2018, there were 1,525 deputies

employed by the agency. Force was used 210 times, which is 13.77% of the sworn employees.

When comparing the year-to-year statistics from 2016-2018, the percentage of force used

compared to the number of sworn deputies has remained consistent between 13%-17% despite

the increase of deputies by 4.24% during the three year period.

Table 1.0 Application of Total Force per Deputy Ratio

2016 2017 2018

Total Use of Force 221 254 210

Total # of Deputies 1,463 1,493 1,525

Force/Deputy Ratio 15.11% 17.01% 13.77%

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Use of Force by Race/Gender

Historically, male subjects have accounted for the vast majority of incidents in which deputies

have had to use force. In 2016, force was used against 131 males (86.8%) who were arrested

compared to only 20 female arrestees (13.2%). In 2017, force was used against 110 male arrestees

(81.5%) versus 15 females who were arrested (18.5%). In 2018, the trend remained similar in that

force was used against 145 males arrested (90.6%) compared to 15 females arrested (9.4%). It is

important to note that the statistical numbers listed for total use of force will differ from the

annual numbers of use of force during arrest. In many cases, when a person resists arrest, more

than one officer is required to use force to gain control of the defendant. Additionally, not all use

of force incidents involve an arrest. Examples of an incident where force was used against an

individual who wasn’t arrested would include, but not be limited to; persons who were

experiencing episodes of mental, psychological, emotional or substance abuse and required to be

taken into law enforcement custody.

To further analyze the frequency of use of force during arrest, we reviewed the use of force against

the different races and genders. In 2016, of all the incidents that involved force during the arrest

of a male subject (131), white males experienced force during arrest 40 times (30.5%), black males

experienced force during arrest 58 times (44.3%) and Hispanic males experienced force during

arrest 33 times (25.2%).

In 2017, when considering all incidents of force during a custodial arrest (110), white males

experienced force during the arrest 19 times (17.3%), black males experienced force during arrest

57 times (51.8%), and Hispanic males experienced force during arrest 34 times (30.9%).

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In 2018, the following is a summary of the force used against males during custodial arrest (145).

White males experienced force during arrest 37 times (25.5%), black males experienced force

during arrest 69 times (47.6%), and Hispanic males experienced force during arrest 39 times

(26.9%).

Table 2.1 Application of Force on Males during Arrest by Race

White Males Black Males Hispanic Males

2016 (131) 30.5% (40) 44.3% (58) 25.2% (33)

2017 (110) 17.3% (19) 51.8% (57) 30.9% (34)

2018 (145) 25.5% (37) 47.6% (69) 26.9% (39)

Average 24.4% 47.9% 27.7%

As determined from the data, when comparing each category to the average over the three-year

period, there is little statistical significance suggesting an anomaly with the exception of the use

of force against white males. The use of force against white males during arrest reduced by over

13% from 2016 to 2017 and then increased over 8% from 2017 to 2018. The 2018 incident rate is

in line with the average, but there is no hypothesis for the statistical differences from year to year.

The following is comparing the incidents of forced used during custodial arrest on females when

broken down to specific racial categories. In 2016, of all the incidents that involved force during

the arrest of a female subject (20), white females experienced force 9 times during arrest (45%),

black females experienced force 7 times during arrest (35%) and Hispanic females experienced

force 4 times (20%) during arrest.

In 2017, when considering all incidents of force during a custodial arrest (15), white females

experienced force during the arrest 3 times (20%), black females experienced force during arrest

6 times (40%), and Hispanic females experienced force during arrest 6 times (40%).

In 2018, the following is a summary of the force used against females during custodial arrest (15).

White females experienced force during arrest 5 times (33.3%), black females experienced force

during arrest 7 times (46.6%), and Hispanic females experienced force during arrest 3 times (20%).

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Table 2.2 Applications of Force on Female during Arrest by Race

White Females Black Females Hispanic Females

2016 (9) 45% (9) 35% (7) 20% (4)

2017 (15) 20% (3) 40% (6) 40% (6)

2018 (15) 33.3% (5) 46.6% (7) 20% (3)

Average 32.8% 40.5% 26.7%

The use of force utilized towards females over the course of the three-year period is 40% black

females, 34% white females and 26% Hispanic females during custodial arrests. The three-year

average is 16 use of force incidents where female suspects are involved. As determined from the

data, when comparing each category to the average over the three-year period, there is little

statistical significance suggesting any concern with small differences from year-to-year.

Application of Force by Type

Use of force, also known as response to subject resistance, is governed by Orange County Sheriff's

Office General Order 8.1.6. One of the objectives of this policy is to clearly outline when deputies

are required to complete a Use of Force Form subsequent to the application of certain force

events. When use of force is needed, deputies must assess each incident to determine, based on

policy, training, experience and subject factors, which use of force option and tactics would best

bring the incident under control in a safe, prudent and reasonable manner. The Accreditations

Section captures the data on all use of force incidents documented on the Use of Force Form and

records a variety of information, to include the type of force used for statistical analysis and

interpretation. The types of force recorded are separated into 6 categories (Firearm discharge,

ECD Discharge, baton use, chemical agent/OC discharge, weaponless and Canine (K9) bite). Force

used on an animal is not included (i.e. vicious dog, injured deer). It should also be noted that the

total number of types of force includes all types of force utilized in a Use of Force Form. There

could be numerous types of force used listed in one report.

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Deadly Force Overview

While it is difficult to hypothesize why deputies are involved in shootings and each incident

requires individual analysis and investigation, in 2017 the Orange County Sheriff's Office required

all personnel to complete Procedural Justice through Non-Biased Based Policing training and de-

escalation training. This training reminded deputies to try to utilize techniques when responding

to certain incidents where the suspect is known to be armed or mentally unstable. Techniques

such as the utilization of time, distance, cover, communication, less lethal weaponry and back up

often times can prevent the need for lethal force. There could be a correlation between the de-

escalation training and the low rate of Deputy Involved Shootings (DIS) in 2018.

There were 14 DISs in the three-year period of review (2016-2018). This results in a 25% decrease

between 2017 and 2018 and a 57% decrease between 2016 and 2018. The average is 4.6 DISs per

year.

DISs per year 2016 2017 2018 Total

Total 7 4 3 14

According to the data, the predominant race of subjects who were fatally injured in DISs from

2016-2018 was black (57.14%). As seen in Table 3.1, in 2016, 66.6% of the subjects fatally injured

were white. In 2017 of the two fatalities, both subjects were black (100.00%). In 2018, of the two

fatalities resulting from a DIS, one subject (50%) was white and one subject (50%) was black.

The predominant race of deputies involved in shootings during the past 3 years has been white

(64.28%). Hispanic deputies have been involved in 28.57% of the DISs during the last 3 years. Of

the 28 deputies involved in shootings in the last 3 years, two were female (7.15%) and twenty six

(92.85%) were male deputies.

Of the total DISs in the last 3 years, the average tenure of the deputies involved is 6-10 years of

service (11 DIS yielding 40.74%).

Geographically, of the 14 DISs between 2016 and 2018, 6 (42.86%) occurred in Sector 4. As

illustrated in Table 3.4, Sectors 1 and 2 each experienced three Deputy Involved Shootings during

the three-year reporting period (21.43%).

Based on the low numbers in this category, it is difficult to predict any trends

Page 9: Orange County Sheriff's Office Training Section

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Table 3.1 Characteristics (Race/Gender/Ethnicity) of Subjects Receiving Fatal Injuries

Year White Non-Hispanic

Black Non-Hispanic

Hispanic Other Total

Male Female Male Female Male Female Male Female

2016 2 0 0 1 0 0 0 0 3

2017 0 0 2 0 0 0 0 0 2

2018 1 0 1 0 0 0 0 0 2

Table 3.2 Characteristics (Race/Gender/Ethnicity) of Deputies Involved in Deadly Force (Shootings)

Year White Non-Hispanic

Black Non-Hispanic

Hispanic Other Total

Male Female Male Female Male Female Male Female

2016 5 1 0 0 3 0 1 0 10

2017 5 0 0 0 3 0 0 0 8

2018 6 1 1 0 2 0 0 0 10

Total 16 2 1 0 8 0 1 0 28

Table 3.3 Deputy Tenure

Year 1-5 Years 6-10 Years 11-19 Years 20+ Years Tenure of

Deputies Involved in Shootings

2016 3 5 0 2

2017 1 2 3 2

2018 4 3 2 1

Percentage 28.57% 35.71% 17.86% 17.86%

Table 3.4 Geographical Location of Occurrence of DIS

2016 2017 2018 Total Percent per Sector

Sector 1 1 1 1 3 21.43%

Sector 2 2 1 0 3 21.43%

Sector 3 1 1 0 2 14.28%

Sector 4 3 1 2 6 42.86%

Sector 5 0 0 0 0 0.00%

Sector 6 0 0 0 0 0.00%

Out of County 0 0 0 0 0.00%

Total per Year 7 4 3 14 100.00%

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Tactical Event Review Committee (TERC)

The agency provides the agency members and the community with a thorough review process of

incidents wherein a deputy used deadly force. This process termed the Tactical Event Review

Committee (TERC) involves a presentation by the “Shooting Team” to members of the High Risk

Incident Command (HRIC) and Training Section Command so they can identify tactics, training and

policy deficiencies. All deputies who were directly involved in a deadly force incident will be

mandated to attend post critical incident follow up training before being released back to full duty

assignment.

Use of Non-Deadly Force

As seen in Table 4.1, Use of Force Forms reflect that weaponless force remains the most

predominant type of force used each year. Weaponless force would be defined as all types of

force not listed in another category. It may include, but not limited to be; empty hand techniques

such as takedowns, transporters, pain/mechanical compliance, strikes, and blocks. During the

three year reporting period, deputies used weaponless force nearly 46% of the time.

All other categories of force have remained statistically consistent from year to year with the

exception of the Electronic Control Device (ECD) use. The use of ECDs remained consistent in 2016

and 2017 at 18%. However, in 2018, the use of ECDs increased to 63 or 30% of total use of force

techniques, which is a 34% increase from the previous year. The rate of Baton use increased 133%

from 2017 to 2018, but due to the low rate of incidence (3 to 7 incidents), the amount of increase

is statistically insignificant.

The use of the expandable baton consistently remained the lowest type of force used each year.

The baton was used less than 2% of the time over the three-year reporting period.

The use of Interpersonal Chemical Agent (OC Spray) has remained consistent over the 3 year

reporting period at nearly 10%.

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Table 4.1 Types of Force Used Statistical Analysis

2016 (221) 2017 (254) 2018 (210) Total (685)

Firearms Discharge 7 (3.17%) 4 (1.57%) 3 (1.43%) 14 (2.04%)

ECD Discharge 40 (18.10%) 47 (18.50%) 63 (30.00%) 150 (21.90%)

Baton 2 (0.90%) 3 (1.18%) 7 (3.33%) 12 (1.75%)

Chemical/OC Agent 24 (10.86%) 28 (11.02%) 19 (9.05%) 71 (10.36%)

Weaponless 108 (48.87%) 126 (49.61%) 76 (36.19%) 310 (45.26%)

Canine (K9) Bite 40 (18.10%) 46 (18.11%) 42 (20.00%) 128 (18.69%)

Non-Fatal Injuries to suspects and deputies

Non-fatal injuries to deputies have decreased steadily (51.0%) over the three-year period of

review. The average number of deputies injured per year is 43. This decline may be a result of

several factors. The number of sworn deputies has increased which offers faster response to back

up and more deputies on scene. De-escalation, communication and scenario training were

prioritized over the past three years. Deputies are utilizing intermediate weapons, such as the

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ECD, prior to using “hands on” techniques, which could result in the decrease of injuries to

deputies.

Over the three-year period of review, non-fatal injuries to suspects during a use of force incident

increased 21.4% from 2016 to 2018. The average non-fatal injuries to subjects was 88 per year

over the course of the three-year period. Therefore, two of the three years reviewed were below

average. We regard a non-fatal injury to a suspect as any injury where the subject was taken to a

hospital for treatment. This could include a subject who simply complains of an injury and was

refused entry by the Orange County Corrections Department (OCCD) Booking and Release Center

(BRC) staff. This figure may not accurately represent subjects who receive an actual physical injury

caused by a deputy during the use of force.

Application of Use of Force by Day of the Week and Time of Day

Over the last 3 years, the application of force statistically occurred more frequently on Tuesdays

and Thursdays than any other day of the week. The application of force also occurred most

frequently during afternoon hours. The use of force occurred 56.78% of the time between 1200-

0000 hours and 81.78% between 1200-0600 hours. Force was used less often, only 18.22%,

between 0600-1200 hours.

Table 4.2 Use of Force Incidents by Day of Week

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

2016 24 24 30 30 39 27 35

2017 34 23 45 27 40 38 30

2018 27 31 36 30 36 33 25

Total 85 78 111 87 115 98 90

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Table 4.3 Use of Force Incidents Used by Time of Day

2016 2017 2018 Total %

0000-0600 57 48 61 166 25.00%

0600-1200 40 49 32 121 18.22%

1200-1800 49 75 60 184 27.71%

1800-2400 63 65 65 193 29.07%

Total 209 237 218 664

Use of Force by Geographical Area

As illustrated in Table 5.1, Sectors 4 and 2 constitute the highest incidents of force each year.

When averaging the 3-year total, Sector 4 accounts for 28.16% of all the agencies use of force

followed closely by Sector 2, which accounts for 27.71% of the agencies use of force. Both Sector

2 and Sector 4 have more personnel assigned to their roster compared to the other four sectors.

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When analyzing the rate of force at the zone level, as seen in Table 5.2, Zone 22 in Sector 2

consistently realize more incidents of force than any other zone. In 2016, Zone 22 experienced

the highest rate of documentable force with 28 occurrences. In 2017, Zone 22 had 22 incidents

of force. In 2018, Zone 22 saw 30 documented incidents of force. It is believed that this consistent

high rate of force can be attributed to the University of Central Florida (UCF). UCF is located in

Sector 2, Zone 22. UCF has consistently maintained one of the highest “on campus” student

enrollment populations in the United States. There were 66,183 total enrollments at UCF in 2017

compared to 52,367 at the University of Florida (UF), 32,812 at the Florida State University (FSU)

in the same year. The area surrounding the UCF campus in Zone 22 has a high density of alcohol

establishments which would correlate to the high incident rate of force.

Table 5.1 Total Use of Force Incidents by Sector

2016 2017 2018 Total 3 Year %

Sector 1 32 15.31% 37 15.61% 36 16.67% 105 15.81%

Sector 2 57 27.27% 70 29.53% 57 26.39% 184 27.71%

Sector 3 29 13.88% 47 19.83% 44 20.37% 120 18.07%

Sector 4 68 32.54% 64 27.00% 55 25.46% 187 28.16%

Sector 5 8 3.83% 7 2.95% 14 6.48% 29 4.37%

Sector 6 11 5.26% 6 2.53% 5 2.31% 22 3.31%

Out of County 4 1.91% 6 2.53% 7 2.31% 17 2.56%

Total 209 237 218 664

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Table 5.2 Use of Force Incidents by Sector and Zone

2016 Zone 0 Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Total %

Sector 1 1 8 8 8 7 0 32 15.31%

Sector 2 12 1 28 5 5 6 57 27.27%

Sector 3 3 4 7 6 9 29 13.88%

Sector 4 0 11 21 17 12 7 68 32.54%

Sector 5 7 1 8 3.83%

Sector 6 3 7 1 11 5.26% Out of County 4 4 1.91%

Total Equals more than 20 in a year 209

2017 Zone 0 Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Total %

Sector 1 0 3 11 13 9 1 37 15.61%

Sector 2 20 7 22 6 5 10 70 29.54%

Sector 3 9 3 14 8 13 47 19.83%

Sector 4 4 6 21 17 9 7 64 27.00%

Sector 5 7 0 7 2.95%

Sector 6 2 3 1 6 2.53% Out of County 6 6 2.53%

Total Equals more than 20 in a year 237

2018 Zone 0 Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Total %

Sector 1 1 13 9 9 3 1 36 16.51%

Sector 2 8 1 30 5 7 6 57 26.15%

Sector 3 5 2 7 15 15 44 20.18%

Sector 4 7 6 14 16 9 3 55 25.23%

Sector 5 10 4 14 6.42%

Sector 6 2 2 1 5 2.29% Out of County 7 7 3.21%

Total Equals more than 20 in a year 218

* Sector number followed by zone number (e.g. Sector 1 + zone 0 = 10, Sector 4 + zone 3 = 43, Sector 5 + zone 2 = 52)

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Use of Force Incidents by Sector

Training and Equipment Development

The Orange County Sheriff's Office Training Section reviews all Use of Force Forms in the effort to

use the trending data to develop training for the following year, review policy for revisions, and

to identify equipment needs. The Training Section recognizes that empty hand techniques are the

most common tactic used to gain control. Annual defensive tactics training will continue to

incorporate control and takedown techniques. The Orange County Sheriff's Office has tentatively

decided to transition to the newest technology platform of Electronic Control Device (ECD). In

late 2019 and early 2020, the agency is expected to train each sworn member and issue the Taser

7. This device has several technological advances over previous models of ECDs. As the

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technology improves and the effectiveness of the ECD improves, it can be expected to see an

increase of usage in this category. The Training Section will continue to train deputies on de-

escalation techniques such as the use and awareness of tactics like time, distance, cover,

communication and back up. In 2020, the Training Section is planning to use force-on-force

scenario training to reiterate tactics. As in year’s past, the Training Section will continue to utilize

the Virtra V-300 Simulator to hone deputies’ tactics and skills. As part of the 2020 training

curriculum, the Training Section is planning to incorporate post-use of force procedures, such as

rendering medical assistance to the subject as soon as practical.

Policy and Practice

The Orange County Sheriff's Office Training Section reviewed all policies in relation to Use of Force

during 2018 and there were no changes to the Use of Force policy needed. The investigation

portion of the Deputy Involved Shootings post incident procedures will be revised and moved into

the Homicide Squad’s Special Order in 2019.

All employees who are authorized to utilize any force option are required to review and

acknowledge the Use of Force policy on an annual basis in PowerDMS. During the annual block

training, instructors review with all attendees the Use of Force policies that are pertinent to the

applicable training. All newly hired deputies are provided both the Use of Force Policy and the

Firearms Policy training prior to being issued any firearm or other authorized weapons.