Salisbury Police chief talks use of force by officers

Published 12:00 am Thursday, May 20, 2021

SALISBURY — The Salisbury City Council asked Police Chief Jerry Stokes to deliver a report on the department’s use of force at its Tuesday meeting, and the numbers he presented showed a sharp decline in incidents starting in 2018.

Stokes started the presentation by noting an issue with the department’s software led to some small discrepancies between numbers it automatically generated and those he found when reviewing the incidents manually. He reviewed figures between 2016 and 2019. Stokes noted the department received its last software upgrade in 2000.

There are a number of actions the department defines as uses of force, including discharging firearms, Tasers, use of batons, pepper spray, striking, deploying stop sticks and some subcategories.

The largest discrepancy was in 2015 — when Stokes found 78 applications of force compared to the recorded 80. The numbers took a steep dive between in 2018, down to 50 applications versus 87 in 2017. In 2019, there were 49 incidents.

Stokes said 2020 was an anomaly due to the pandemic. There were only 21 uses of force last year, which he attributed to the significantly lower rate of arrest for crimes. He gave the example of a span of a few months when the department was not making arrests for misdemeanor crimes such as shoplifting.

The police chief said he would expect the number of applications of force to go back up to about 50. As of May 14, there were only five incidents recorded in 2021. Stokes said the department did not begin to ramp up its arrests again until February, when Rowan County Detention Center started lessening its restrictions for bringing people in.

Stokes also reviewed officer-involved shootings since he was hired in 2016. He said there have been seven total, but none since 2018.

Mayor Pro Tem Al Heggins asked Stokes for information about 2020 changes to the department’s use of force policy. Banning choke holds was the most significant change. He said the maneuver was not in the policy at all because the department does not teach or allow it. The change specifically disallowed them.

“Except in a deadly force situation where an officer is trying to save his life,” Stokes said.

Heggins asked Stokes about an “objectively reasonable” use of force outlined in the policy and what would qualify. Stokes said he could not give a specific example. He described law enforcement situations as metaphorical glasses of water.

“If your offense is serious, say a murder, you’re going to have a pretty full glass,” Stokes said, adding someone suspected of murder presents a public safety issue and it that circumstance may fill the glass quickly.

Stokes gave another example from North Carolina case law relating to an involuntary commitment. He said a commitment, a civil order, on its own would not “fill the glass” much, but there could be other issues such as a danger to the public, resisting or fleeing that would contribute to justifying use of force.

In a case where an officer uses lethal force, Stokes said, the glass should be full. He gave the example of an officer or citizen being in imminent danger.

“You can’t always say never and you can never say always,” Stokes said, adding there are circumstances that are unusual, dynamic and require an unusual response.

Stokes said officers are given tools on their belts to respond to threats, but the right circumstances could justify an improvised weapon such as a two-by-four board with nails in it.

Prompted by a question from Heggins, Stokes said train for specific scenarios and when to use weapons. The more comfortable officers are are using tools including less lethal weapons like pepper spray, Tasers and their hands, he said, the less likely they are to overreact and use excessive force.

Stokes said the department accounts for every use of force, including every round of ammunition fired and every shock from a Taser.

Stokes also described deescalation training to mitigate use of force and injuries. Part of that is calling for backup when appropriate.

“One officer can arrest one person, but the likelihood of there being a force situation with a negative outcome is increased,” Stokes said.

About Carl Blankenship

Carl Blankenship has covered education for the Post since December 2019. Before coming to Salisbury he was a staff writer for The Avery Journal-Times in Newland and graduated from Appalachian State University in 2017, where he was editor of The Appalachian.

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