The City of Vallejo released records on Tuesday night showing that Vallejo Police officer Colin Eaton was previously suspended 80 hours for excessive force relating to an indecent exposure call on April 19, 2020.
The investigations became subject to public disclosure under the revisions to Penal Code Section 832.7(b) that went into effect this year. The law is No. SB1421. The Vallejo Sun first obtained the records and reported on the story.
In the investigation on Eaton, Vallejo Police Chief Shawny Williams writes to Eaton that he, “be suspended without pay for a period of eighty hours from (his) position of Police Officer. The recommended suspension was based upon findings from the above-referenced Internal Affairs investigation (“IA Investigation”) that your placing your foot on a suspect’s head for nearly a minute and 3 half after he had been restrained constituted an unreasonable use of force and was outside the scope of training.”
Williams goes on to say that Eaton is being disciplined because he told the suspect, “I will (expletive) you up. Sit down. I will (expletive) you up.” Williams goes on to say that Eaton had his foot on the suspect’s head for almost a minute and a half and are recorded on body-worn camera. Eaton has been with the VPD since 2017.
Eaton’s suspension in 2020 came just a year after he was one of the six officers that fired at least 51 shots into the vehicle containing Willie McCoy on Feb. 9, 2019. McCoy was asleep at the wheel outside of a then Taco Bell drive-through on Admiral Callaghan Lane. Initial reports by VPD that night said a gun was in the passenger seat of the vehicle, but the family of McCoy claims they haven’t seen a gun in any of the seven camera angles they were shown. McCoy’s cousin, David Harrison, said last week in a vigil “I’ll give $1,000 to anyone who finds a gun in the video.”
In an interview as part of the investigation for the pre-disciplinary procedure on Eaton, a Skelly conference was held on May 12, 2021. The City of Vallejo retained an outside consultant, Marc Fox, to serve as Skelly Officer.
In that interview, Eaton admitted that his actions “displayed poor judgment” and that he “did not consider other techniques to control the suspect’s head, such as placing a knee on the suspect’s shoulder.” Eaton recounted there had been bodily fluid on the suspect’s face/head. The call for service had described the suspect as “pulling his pants down and exposing himself.”
Eaton also said that he believed the suspect was “about to enter fight or flight,” but acknowledged he didn’t see the man had balled his fists or had taken a fighting stance, so he “felt like he was more apt to run versus fight.”
Fox summarized the interview with Eaton by writing “Having concurred with the proposed Notice of Intent to Discipline that Officer Eaton has violated each of the policies, I struggled a bit to find the appropriate recommended disciplinary action. My struggle was that the proposed discipline may be insufficient. I was able to resolve this internal discussion with myself in the recognition that my role as the Skelly Officer is to ascertain if the proposed disciplinary action is appropriate and I am relying on the chief of police’s judgment that the outer limit for the incident leading to this proposed discipline is an 80-hour suspension.”
After reviewing the contents of the IA Investigation, considering Eaton’s statements, and viewing the body. worn camera footage, VPD determined that the officers conduct as detailed in the IA Investigation violated departmental policies, specifically, placing a foot on the suspect’s head for nearly a minute and a half after he had been restrained violated Vallejo Police Department Policy 300.5 “Use of Force.”
On Wednesday, the VPD sent out a news release concerning the investigations:
“We understand the significance of releasing these records in our continued efforts to strengthen our relationship with our residents. It is our sincere hope that by providing this information, we are building trust and credibility with our community,” the release states.
“I made a promise to hold our department to a higher standard and always consider what is in the best interest of our community and department,” Williams said in the statement. “We are taking positive steps to redefine Vallejo PD. Building trust with our community requires accountability, professionalism, and fostering an environment in which everyone is treated with dignity and respect. I will continue to take all necessary and appropriate action to ensure that our officers conduct themselves in a manner consistent with these values and with our responsibilities to the community we have sworn to protect and serve.”
Source: www.mercurynews.com