Investigation: Palmetto police use-of-force report shows officers turn to Tasers most often

Palmetto Police reported using force 28 times in 2023, not including an incident last Nov. 1 that preceded the death of a 36-year-old man.

Twelve cases involved the firing of a Taser to deliver an electric shock, the same device deployed against Breonte Johnson-Davis, who was reported to be in mental distress when police were called. Another 13 calls resulted in officers drawing their firearms, two in the use of physical force and one pepper spray.

The information, in "restraint reports," was provided Friday afternoon, in response to a Herald-Tribune public records request several days earlier.

Palmetto Police have been slow to provide public information on the circumstances surrounding Johnson-Davis' death, citing a state investigation. Likewise, the agency has made little data publicly available on how often its sworn officers discharge their weapons while on duty, a Herald-Tribune investigation found.

At the same time, other local agencies have readily available incident reports online that provide details of incidents involving the use of force.

The Palmetto Police department is among five law enforcement agencies in Sarasota and Manatee counties that are supposed to report incidents to the Federal Bureau of Investigation.

But more than two months after Palmetto Police used a Taser on a man who later died, no report of the Nov. 1, 2023 incident is found in the FBI’s Crime Data Explorer database or among the Palmetto Police incident reports from last year.

The Palmetto Police appear as active in the FBI’s database going back to when the reporting system was established as law via Florida statue 943.6872 in July 2022 in an effort to track police accountability. But reports from Palmetto Police officers were not available on the searchable database or the agency's website.

Florida Law requires reports on use of force

Use of force is the amount of effort sworn officers require to bring about compliance in a subject. In law enforcement, it includes a range of efforts such as the use of chemical or electronic equipment; physical strikes, punches, or kicks; displaying or discharging a firearm; or even using physical intervention with a vehicle.

Reporting use of force during incidents is required by the Florida Department of Law Enforcement (FDLE).

As that agency continues its investigation into the Palmetto Police Department's tasing of Johnson-Davis, community members and experts are raising questions about the accountability and transparency of the agency’s use of force when responding to emergency calls.

The police department has not responded to requests for interviews to discuss the reports or the incident involving Johnson-Davis. Family members say they have not been able to get information on the police handling of their emergency response involving him.

The small department of just under 50 sworn officers works to protect and serve the city of Palmetto’s 13,400 residents.

Palmetto PD is one of over 450 active law enforcement agencies in the state required to regularly submit quarterly reports to the FDLE, which are then compiled into the CDE database. From the CDE, and with accessible records and documents from local agencies, citizens are better able to get an idea of the level of transparency within law enforcement agencies around the state.

As the state's investigation draws closer to an expected conclusion, the Herald-Tribune spoke to law enforcement experts and local activists to shed light on the use of force procedures and policies in local agencies.

ICYMI: Palmetto family rallies, calls for answers from police in death of son last November

Agency comparisons

In 2023 the FBI reported that 10,491 of 18,514 federal, state, local and tribal law enforcement agencies provided use-of-force data which was then compiled on the Crime Data Explorer website. Among those agencies enrolled to provide data, or at least have one registered use-of-force data account, were the Bradenton Beach, Holmes Beach, Longboat Key, Venice and Palmetto Police Departments.

The Longboat Key and Venice departments readily provided the Herald-Tribune with reports and information regarding use-of-force reports. However, multiple requests to the Palmetto Police Department’s records department by Herald-Tribune reporters asking for their use-of-force reports were not answered until Friday afternoon.

Only three agencies submitted data, such as incident reports and/or zero reports: Longboat Key, Venice and Palmetto police departments, according to the data provided. Among those agencies enrolled to provide data or at least have one registered use-of-force data account were the Bradenton Beach Police Department, Holmes Beach Police Department, Longboat Key Police Department, Venice Police Department and Palmetto Police Department.

Longboat Key Police Chief George Turner said in an email that all use of force incidents are reported monthly through the Florida Incident Based Reporting System (FIBRS).

The department’s 22-page policy on use-of-force incidents, attached to Turner’s response, states that all use of force incidents are required to be reported, including anytime when physical force is used, a Taser is deployed, officers use “lethal or less than lethal weapons” such as a baton or pepper spray, when a firearm is discharged not connected to training or recreational use and is considered a form of deadly force, or any time use of force results in, or alleged to have resulted in, injury or death of another person.

More: Less than a quarter of Florida police agencies provide data to FBI's use-of-force database

The policy further states that each case involving the use of physical or defensive control will be reported in an offense report, with each officer present for the arrest or incident required to fill out an incident report and submit it to a supervisor.

The Longboat Key Police Department, which has 19 sworn full-time and six sworn part-time officers, has reported having three use-of-force incidents in the last three years. Those included Tasers being deployed in 2021 and 2022, and a physical use-of-force incident in 2023, according to the department.

“All use-of-force incidents were within agency policy and procedures,” Captain Richard Hankins said in an email.

In cases where lethal force or accidental discharge resulting in great personal injury or death happens, an outside entity will be chosen by the police chief to do an independent investigation that is then submitted to the State Attorney’s Office.

“The most important purpose of law enforcement is the protection of human life,” the policy states. “In order to be consistent with that purpose, the use of lethal force must be limited to situations involving the protection of human life.”

Venice Police follow similar procedures, according to its 12-page policy emailed to the Herald-Tribune along with reports for use-of-force incidents for the last three years.

The department reported that there were 38 incidents involving use of force in 2021, 50 in 2022 and 42 in 2023. In the two latest reports, the agency also included information about how many officers involved with having to Baker Act an individual were certified in Crisis Intervention Training (CIT).

The Venice Police Department reported in its "2023 Levels of Resistance Review and Analysis" the number of use-of-force incidents in previous years.

The Venice agency, with 51 sworn officers, can be considered closest to the Palmetto Police Department, although it serves a population of around 25,500.

Further analysis of the reports indicates that most of the use-of-force incidents were physical control, which according to the department’s policy also provided to the Herald-Tribune is when an officer uses empty-hand or leverage-enhanced techniques like pain compliance, restraint devices or takedowns. Lethal force was not used in any of the use-of-force incidents for the last three years.

In 2023, there were 10 instances where a Taser was displayed during a use-of-force incident and five where a Taser was used, according to the reports, making up less than 20% of the use-of-force incidents when combined.

In comparison, there were 21 instances where a lethal weapon was displayed or 24.4% of the total use-of-force incidents.

Under the Venice department’s policy, and in accordance with Florida law, the Administrative Services Commander is responsible for reporting agency data to FDLE “regarding the response to resistance/use of force by a VPD sworn officer that resulted in serious bodily injury, death, or discharge of a firearm at a person.”

Use of force expert weighs in

Former police chief and international police consultant Walter Zalisko spent decades working in Florida and New Jersey agencies. He said he believes that the Palmetto PD incident is one of those instances where administrators are called to fully adhere to state laws to protect both citizens and local law enforcement.

"Any time force is used, all records are supposed to be available to the public," he said. "If they are (Palmetto PD) not being transparent with their actions or with their failures to submit these reports, then the FDLE should be holding them accountable. Are they hiding something? We don’t know, but they should be reporting. If they haven’t been, that is a serious issue by the administration.”

According to Zalisko, each law enforcement agency is required to adhere to what's known as the use of force continuum, a basic standard that provides law enforcement officers and civilians with guidelines as to how much force may be used during encounters. Each department, however, can have variations in its overall policies, he explained.

"These smaller agencies a lot of times will rewrite policy but sometimes it's just not consistent with what state requirements are,” Zalisko said.

Tasers, Zalisko added, are becoming more common in use-of-force incidents. He believes it is the less risky choice for officers when faced with an escalated incident with a subject.

“I think the use of taser is increasing for many reasons: One, officers are hesitant in using their weapons because they can lose their jobs. Second, they can be named in lawsuits and so on, so they will rely on less than lethal use of force, and that's the Taser,” he said. “It's an effective tool, but you have to remember that every individual’s health is different. If the situation escalates to the point when you have to use force, an officer usually thinks it's better to use a Taser.”

Activists and community push for police accountability

As advocates organized a candlelight vigil at the site of the Nov. 1 incident involving Johnson-Davis on Friday, some local leaders feel a sense of history repeating itself.

Sarasota activist and mother Alaina Martinez said that Davis' death and his encounter with police was familiar and alarming for her and her family.

"This situation specifically hits very close to home because I have a disabled child and I've had to call medical professionals out for him because he needs assistance. Law enforcement comes out with those calls and I've had to coach the situation because of the lack of concern and lack of safety of the person they are supposed to be there to help," she said.

"They know ahead of time they are coming to a call regarding mental health, yet none of them are trained enough to go to those types of calls. The only training they know to go to is violence."

More: FDLE investigating Palmetto Police tasing incident, death of Breonte Johnson-Davis

Other activists and organizers involved in a press conference and rally last week seeking information about Johnson-Davis' death echoed Martinez, calling for support from the community to push law enforcement for answers and transparency.

"You don't know when it's going to be at your door or when it's going to be your family member. We, as a community, need to stand together and fight back against police brutality," said Sarah Parker, president of Women's Voices of Southwest Florida.

Florida State Attorney for the 12th District Ed Brodsky briefly spoke to the Herald-Tribune last week to say the investigation from the FDLE into the case should be in his office in a matter of days. Brodsky noted that he had not been in communication with Palmetto Police about the incident but was made aware of the investigation via the FDLE.

"At this point, they haven't forwarded anything to us, but anticipate meeting with them soon ... if I knew all the facts I could give an answer," Brodsky said of Johnson-Davis' death. "I can say the Medical Examiner's Office, a lot of times and not just in this case, in general, the delay is waiting on things to come back."

He called the more than two-month wait for information from the police report "typical" due to a toxicology report that was ordered by the Medical Examiner's Office as part of the death investigation.

The Medical Examiner's Office has not respond to calls for comment.

Criminal justice reporter Gabriela Szymanowska contributed to this investigation.

Samantha Gholar covers social justice news for USA TODAY Network-Florida. Connect with her at sgholar@gannett.com or on Twitter: @samanthagholar.

This article originally appeared on Sarasota Herald-Tribune: Does Palmetto Police show transparency in use-of-force incidents?