Well, more of a 31 page non-answer with a page and a half of recapping what they say happened and only half a page of non-answers.
ALDER QUESTIONS
June 1, 2020
Dear Chief Wahl:
What we witnessed on the news last night was a gross and unnecessary display of force that deepens community divide and mistrust of the city and other bodies of government. Instead of kneeling with protesters, MPD led a militarized police effort that escalated the situation with pepper spray, gassing, injuries, and harmful trauma to youth and others in the downtown area last night.
Please provide us with the following information:
1. Incident reports from last night;
2. Information on the equipment/uniform MPD officers were wearing, the weapons they had on hand, and the weapons used, including manufacturer, and any MPD policies for training and deployment of these weapons, including any training or policies related to deployment during COVID-19;
3. The number of people taken into custody, numbers of people released, their ages, and their race, and the grounds for their arrest;
4. The number of people injured, a description of each injury, the source of injury, and what medical treatment was provided to them; and,
5. Policies and SOPs regarding policing protests and civil disobedience.
We look forward to your prompt response. People are hurt and angry and we need answers about what happened last night.
Sincerely,
Rebecca Kemble
Marsha Rummel
Donna Moreland
Max Prestigiacomo
Arvina Martin
Tag Evers
Grant Foster
NON-RESPONSE
Once again the police department gives a PR answer instead of useful information. Here’s their propaganda. After the first three pages, We had this on the Public Safety Review Committee agenda for the police chief to answer the questions. The memo came out just minutes before the meeting and the Assistant Chief Vic Wahl didn’t answer the questions at the meeting.
June 10, 2020
City of Madison Common Council
Attn: Alders Kemble, Rummel, Moreland, Prestigiacomo, Martin, Evers, and Foster
210 Martin Luther King Jr. Blvd.
Room 417
Madison, WI 53703
Alders,
I am writing in response to your letter of June 1, 2020. Before responding to your specific questions, I will provide a brief overview of the events that occurred the night of May 31 and early morning of June 1.
As you know, the previous night (May 30 into early morning of May 31) saw massive damage and unrest in the City. The disorder was extensive: citywide looting, extensive property damage, fires, and violence occurred on a broad scale. Multiple MPD officers sustained injuries, and an MPD vehicle was struck by gunfire. The extent of this activity necessitated emergency requests for additional police personnel, including an “all-call” for any available MPD personnel, a mutual aid request from other agencies in Dane County, and activation of the State Emergency Police Services system.
Our staffing plan moving into May 31 was more robust than the prior day. We requested additional mutual aid from other law enforcement agencies in Dane County and again activated assistance through the State’s Emergency Police Services system (officers from across the State responded to assist as a result). In addition, a request was made for National Guard support. The Mayor signed an emergency order establishing a curfew in the downtown area starting at 9:30pm.
Our strategy moving into the day was consistent with the “Madison Method” of policing crowds and demonstrations. In short, our objective is to protect the rights of community members to express opinions and exercise their First Amendment rights. We generally accomplish this by facilitating movement and blocking traffic where needed. MPD has previously policed hundreds of protests and demonstrations – including many focused on policing – successfully and without incident.
At about 6pm, a crowd gathered on the Capital Square, initially engaging in peaceful protest. The group began marching up and down State Street, and around the Capital Square. The marching continued over the course of several hours, and the group grew in size to several hundred. Officers were in the area, in standard utility (Class C) uniform, and assisted by blocking intersections and traffic as needed. Occasional items were thrown at officers, but officers did not engage.
The crowd continued marching after the 9:30pm curfew went into effect. MPD made the decision not to engage the crowd or attempt to enforce the curfew. Instead, officers remained in the area, in standard utility (Class C) uniform, passively observing.
Shortly before 10pm, the group was marching around the square. A small group of officers – in standard uniform – were standing next to a building, observing. The group appeared to focus its attention on the officers at that point. Rocks and projectiles were thrown at the officers, and the crowd moved in and surrounded the officers (who were still against the building and attempting to disengage). One subject in the crowd struck an officer in the face, and additional officers responded to assist.
Officers subsequently declared an unlawful assembly and ordered the crowd to disperse. These instructions were not followed and officers deployed chemical agents. Officers from multiple jurisdictions (assisted by National Guard personnel) then continued efforts through the night to disperse crowds and protect the downtown. During the course of the evening, multiple stores were looted in the State Street area (in addition to looting taking place elsewhere in the City), multiple fires were intentionally started, individuals were observed with Molotov cocktails, and countless projectiles were thrown at officers. Two of the individuals arrested during the course of the night were armed with handguns.
While your letter is focused on May 31/June 1, it is worth noting that the following night (June 1 into June 2), a large crowd again gathered on the Capital Square. We elected to not have any officers visible to the crowd that night. A large group subsequently broke off from the larger group, running down State Street and again engaging in a third night of looting and violence. Officers were deployed to disperse these groups. Multiple shots were fired near the 600 block of State Street, and two individuals (apparently trying to stop looting) were attacked (by suspects using crowbars or similar items) and seriously injured.
Please recognize that officer reports for these events have not all been completed, and this should be viewed as a summary based on the information available to me at this time.
Responses to your specific inquiries:
1. Police reports are still being completed and compiled. I have forwarded this request to the MPD records custodian to review applicable reports for any needed redactions (in accordance with Wisconsin’s Public Records law), and will share them once that process is complete.
2. At the start of the evening, officers were wearing their standard utility (Class C) uniforms, with standard equipment (firearm, baton, handcuffs, and OC spray; some might have been equipped with an Electronic Control Device depending on availability). After the initial assault on officers in standard utility (Class C) uniforms, those deployed would have been wearing protective gear (helmets, chest protectors, arm pads and leg pads) and gas masks. Note that protective gear for outside agencies and National Guard personnel will vary. Certain MPD personnel would have been equipped with different dispensing devices for chemical agents (handheld dispensers, shoulder carried dispensers, and throwable canisters; from several manufacturers: Defense Technology, Sabre and ISPRA). Also, 40mm launchers would have been deployed (from several manufacturers: Sage, Defense Technology and LMT). Relevant SOPs are attached.
3. See attached list of arrests. MPD personnel are in the process of following-up on the unrest that occurred and will attempt to identify and arrest those responsible for violence, looting and property damage (so additional arrests are likely).
4. I am aware of one individual who has reported being injured as a result of MPD action, though I do not know which night that occurred. Nineteen MPD officers were injured over the course of the three nights, with at least four receiving medical treatment. We are still compiling reports of other civilian injuries, but at least two individuals were seriously injured (attacked with crowbars as indicated above) and received medical treatment.
5. These SOPs are attached.
Last week, Madison experienced an unprecedented level of unrest, unlike anything we’ve seen in fifty years. Policing in this type of environment is a remarkable challenge; one that cities across the nation are struggling with. MPD has long worked to balance the protection of community members’ First Amendment rights while responding effectively to violence and looting. We have continually adjusted our tactics and strategy during the course of the last week, and will continue to do so as appropriate.
MPD is committed to continuous improvement, and the last week will undoubtedly provide opportunities for learning. Communication (internal and external), logistics (coordinating efforts with law enforcement agencies from across the state, managing schedules for hundreds of officers, etc.) and legal issues (emergency orders, interfacing with the National Guard, etc.) are all areas where the department has been forced to tread new ground in the last week.
The Quattrone Center (associated with the University of Pennsylvania Law School) conducts root-cause/after action analyses. MPD had previously reached an agreement – and secured grant funding – for the Center to perform an analysis of a 2019 MPD event. However, I’ve requested – and the Quattrone Center has agreed – to instead focus on the City’s response to the unrest of last week, and identify areas for improvement.
Sincerely,
Victor Wahl
Acting Chief of Police
ATTACHMENTS
The memo (MPDResponseLetter) has 28 pages of attachments that includes the following:
- A memo and spreadsheet with the people who were arrested
- Non-deadly use of force policy (recently updated 1/27/20)
- Police Weaponry policy (Written after the incident, effective date 6/8/20)
- Uniform standards policy
- Demonstrations and Assemblies (last updated 2/25/15)
- Labor Disputes and Picketing policy
My reading is that Chief Wahl answered all the questions that were asked. No more. No less. I don’t agree with the actions of the police, but don’t say the Chief didn’t respond. He answered every question put to him. I’m on the side of the Alders, but if you don’t like the answers given, ask different questions. More relevant questions. Like who is going to take responsibility for the militant action of the police and who in their ranks is going to be fired and/or criminally prosecuted for the obscene use of force.
I intend to – we have a special PSRC workgroup set up to do just that. The chief didn’t answer these questions at the PSRC when it was on the agenda and the alders didn’t get the memo until 4 minutes before the meeting – and it wasn’t sent to PSRC members at all. Perhaps I should have worded things better . . .
p.s. You really have to ask lawyer-style questions to get answers out of the police department. When they answer question first you have to listen to whatever they want to tell you, then maybe, they will get around to answering you with as little information as possible. They are pros at this.