A veteran New Hope police officer who shot and wounded a Pipersville man after confusing his stun gun with his Glock 22, had not been re-certified in the use of his police-issued Taser since at least 2016, according to a review of records obtained by this news organization.
 |
| Brian Riling (left) at moment he is shot on March 3, 2019 |
Cpl. Matt Zimmerman, 65, who retired April 10, also was not the only department officer without a current Taser certification, which goes against a 2007 internal policy and the device manufacturer’s recommendations.
The New Hope police officer responsible for the department’s re-training has an instructor certification that expired last year.
Nine of the 10 other officers employed by the borough at the time of the March 3 shooting also had not been re-certified in Taser use since at least 2016, according to records obtained through a Right to Know request. The lone exception was an officer who obtained his Taser certification in 2017, but was not re-certified last year, as the weapon manufacturer and department policy requires.
The revelation is the latest raising questions about the department practices since the Bucks County District Attorney’s Office released its determination on April 12 that Zimmerman, a 33-year member of the police force, was not justified, but “excused” when he shot and seriously wounded assault suspect Brian Riling during an altercation in the police station’s holding cell.
District Attorney Matt Weintraub found Zimmerman’s conduct was not criminal because of his “honest but mistaken” belief that he drew his stun gun during what was an intense, evolving altercation. Riling survived the single shot to his abdomen, but he was hospitalized in critical condition for several days and has experienced complications, according to his criminal attorney.
Weintraub confirmed that Zimmerman’s Taser certification was outdated and the officer wore the Taser on the same side as his service weapon, another violation of the department’s Taser policy. Zimmerman also was standing closer than three feet when he fired his weapon, the minimum distance from a subject an officer must maintain before using the Taser, according to department policy.
Under the department’s Taser policy, officers that carry or use the Taser X26 are required to complete a training program that includes written and practical tests, and undergo a “mandatory” re-certification course each year. The model has been described as the most powerful stun gun, posing a higher cardiac risk than other models, according to a 2017 Reuters investigation.
The 10 officers were re-certified on Taser use on March 29, four weeks after the shooting. Also certified on March 29 was the department’s newest officer hire, who was sworn in April 17.
Taser certificate forms are missing for Zimmerman, who was put on paid administrative leave after the shooting, as well as Chief Michael Cummings and Officer Richard Joyner, the department’s internal firearms and Taser instructor. The records request sought training completion and re-certification documents for the years 2016 through this year. This news organization has filed a second Right to Know request for the same records for 2007 through 2015.
According to the department policy, the X26 trainer is to document and maintain all training records and forward copies to the chief of police to be placed in each officer’s training file.
It is unknown if any disciplinary action has been taken against Cummings or any officers as a result of the lapsed recertification.
Cummings, who is first vice president of the Police Chiefs’ Association of Bucks County, has referred all questions about the shooting and police policies to Montgomery County civil attorney Christopher Boyle, who has said he cannot comment citing “pending litigation.” As of Friday neither Riling or his civil attorney Susan Lin had filed notices of litigation in Bucks County Common Pleas or U.S. District Court.
Records show that Joyner obtained his certification as a “Taser Instructor re-certification” in November 2016, according to a certificate issued by the Bucks County Police Training Center.
Joyner was listed as the certifying instructor on the only 2017 officer Taser certification form prior to March 29 provided to this news organization. He was not the certifying officer on the most recent certificates.
Taser instructor certification is valid for two years from the date it is certified, according to the manufacturer, AXON, formerly known as Taser International. Once an instructor is expired, Axon permits a one-year grace period past that expiration date to register and attend a court as re-certifying.
“Once your certification has expired, you are not to conduct or certify anyone as a TASER CEW (Conducted Energy Weapon) User,” according to the company’s website.
New Hope Mayor Larry Keller, who oversees the police department, confirmed Thursday that Joyner is employed as a police officer. Keller also confirmed Joyner is the officer responsible for firearms and Taser training and his duties include keeping track of officer training completion, but he declined comment on the lapsed Taser certifications.
Cummings will lead an internal review of the shooting that will include officer use of force, weapon and Taser training and policies, according to Keller.
This news organization was unsuccessful in immediately reaching borough council President Connie Gering for comment Friday.
A 12-minute uncut surveillance video the DA’s office released last week shows the events leading up to, and after, the shooting. In the video Riling enters the holding cell and removes his belt at the direction of an unidentified officer. After removing his belt, a white packet falls to the cell floor and Riling steps on it. The unidentified officer attempts to move Riling off the packet, which Riling is heard denying is his in the video.
A struggle between with the first officer ensues and Riling retrieves the packet and throws it into the cell toilet. Roughly one minute and 30 seconds into the video, Zimmerman enters the cell to assist the officer, who is attempting to subdue Riling on a bench in the cell. About 10 seconds after entering the cell, Zimmerman, his service firearm in his hand, yells “Taser” and fires one shot into Riling’s torso.
After shooting Riling, both officers moved out of view of the camera. Eight minutes pass before an ambulance arrives. An unidentified officer appears to try and keep Riling calm, but no officers appear to provide him First-Aid.
Zimmerman was among the three police officers who arrested Riling earlier in the evening after he harassed, threatened and assaulted his estranged girlfriend in a confrontation outside the New Hope restaurant where she works, according to court documents. Riling also had an active arrest warrant on charges of burglary and harassment stemming from a February incident with the same woman where he allegedly broke into her home using a crowbar.
Riling was apprehended while he was waiting in his vehicle parked in the complex where the woman lives, according to court documents. He is awaiting a preliminary hearing schedule for next month on charges including witness intimidation and retaliation against a witness, both felonies, and misdemeanor charges of stalking, simple assault and harassment and driving with a DUI-suspended license.
No comments:
Post a Comment