City of SanJosé
INDEPENDENT AFTER ACTION REGARDING THE
EVENTS OF MAY 29 – JUNE 7, 2020
OIRGroup.com
Objective:
“After Action”
Report
Recommend Make recommendations for the City and
SJPD going forward
Progress Identify changes that have already occurred
Listen Listen to voices and perspectives that were
previously unheard
Explore Explore shortcomings and deficiencies on
and leading up to these days
Review Holistically review events and circumstances
that contributed to this performance
Evaluate Independently evaluate SJPD’s performance
from May 29 to June 7, 2020
Tonight’s
Presentation
• High-level review of the
events from May 30 to
June 7, 2020
• Executive Summary of the
key findings and
recommendations of our
Report
Methodology
• Interviews with SJPD sources
• Evaluation of documentary and digital evidence
• Reports
• Body-worn camera
• Radio communications
• Outreach to City Council & other officials
• Community input
• Individual interviews
• Stakeholder group interviews
• Community Listening Sessions
• Other initiatives
Key Findings: Leading up to May/June
• Training deficiencies
• Command level: ICS
• Line level: Crowd Management
• Chronic understaffing, especially in leadership
• Operational planning
• “Pro forma” operations plans
• No advance intelligence
• Intelligence & communication deficiencies
Key Finding: Command & Control
“Leadership Void”
• Operational planning
• Span of control
• Reliance on Special Operations
• Missing the “lieutenant link”
Key Finding: Force Concerns
• Inexperience with deployment of less lethal
• Policy changes during operational period
• “Improvised” / questionable uses of force
• OC gas: hand-tossed canisters versus 40mm
• Flash bang devices
• 42” riot baton
• High velocity rounds
• Deviation from normal reporting protocol
Key Finding: Communication with
Public
• Advanced communication with organizers when feasible
• Defining and declaring “Unlawful Assembly”
• Clearly communicated, effective Dispersal Order
• Coordinated effort with clear directives
• “Micro-communication” real-time with crowd
Key Finding: Arrest Strategy
• Early days:
• Insufficient resources to arrest
• Some criminal behavior left “unchecked”
• Later days:
• Effective targeted arrest strategy
• Transport and processing concerns
• Field jail and release concerns
Key Finding: Curfew as a Tactic
• Curfew implemented on May 31, ended June 4
• Intention to provide a “cooling off” period
• Peaceful protest in daytime
• Clear streets at night (8:30pm)
• Critiques of insufficient lead time, poor
communication, suppression of rights
Key Finding: Tactics Changed Over
Operational Period
• Early days: skirmish lines
• Later days:
• Move to staging and “Observe and React”
• Unified command and command post
• Daily debrief
• Increased deployment = sufficient resources
32 Recommendations
Some are immediately actionable
#14: Create a Department-wide inventory system specifically for less-lethal munitions so that the Department can track inventory and less lethal usage at any point in time.
32 Recommendations
Some are long-term considerations
• #5: SJPD and the City should engage with the community as it considers the circumstances required for a public protest to be declared an unlawful assembly.
• #2: SJPD should ensure that all of its lieutenants are well-versed in the fundamentals of the Incident Command System and would be capable of serving as the Incident Commander for a given operation if necessary.
All should be subject to a transparent reporting process Learn More
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Timeline Overview
Peaceful march later includes
riotous elements; MFF and
less lethal deployment
Fri. 29 May
Unrest continues as violent
elements take over crowds;
MFF, Special Ops, less lethal
Sat. 30 May
Proactive Tactical Planning
(e.g., Strike Teams) & Curfew
Sun. 31 May
Evolving Tactics & Changing
Crowd; Mid-week policy
changes
1–4 June
Mediation Over Escalation
5–7 June