O.C. Sheriff's Department under official scrutiny for deputies' use of force

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The Orange County Sheriff's Department is facing criticism over its use-of-force policies.

A new report by the county’s Office of Independent Review determined that many of the department’s rules were unclear, confusing, lacking empathy and endangering both deputies and the public.

Reviewers reported that the department had no effective de-escalation policies to defuse potentially dangerous situations and that deputies were not required to properly document and justify uses of force against civilians.

The report also criticized department instructors for allegedly making biased statements and endorsements of violence during training sessions. It also found that deputies chronically failed to refer improper uses of force to internal affairs for investigation.

“We found that OCSD policies omit essential information in critical areas, including in its treatment of de-escalation and the use of deadly force,” OIR Executive Director Sergio Perez and Investigations Manager Jack T. Morse wrote in the report.

Among 17 recommendations, the report advised the OCSD to clearly delineate the circumstances in which deputies could use force beyond department policy. Current policy is open-ended, permitting unauthorized force at a deputy’s discretion to achieve a law enforcement purpose.

O.C. Sheriff Don Barnes challenged the OIR’s findings. He said in a statement the office’s  report lacked “substance and useful recommendations.” He pointed out that in 2020, force was only used in 0.1 percent of department responses.

“”De-escalation is currently a component of our use-of-force policy, is part of our training and is part of the day to day practice of deputies,” Barnes said. “Commentary in the report shows an unfamiliarity with contemporary legislative changes and minimizes the extent to which deescalation is utilized.”

Perez, formerly a consultant with the L.A. County Inspector General’s office, was hired by the Orange County Board of Supervisors in 2020 to spearhead a reinvigorated oversight initiative concerning the sheriff’s department.

O.C. Supervisor Don Wagner told The Orange County Register he supported efforts to update the department’s use-of-force policies.

“They need to be updated to best practices,” Wagner said. “There is some work to do and I’m supportive of those efforts.”

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