After a video of a Schenectady police officer kneeling on the head of a Guyanese man went viral, a review is currently underway while policing reforms, including a ban on the use of a knee to a person’s head or neck as a control hold, have been announced.
In a statement released on Tuesday on the Schenectady Police Department’s Facebook page, Chief of Police Eric S. Clifford said the body camera worn by the officer involved was reviewed, as well as the partial video shared on social media. He said contact was made to the Schenectady County District Attorney to seek assistance with assessing the video footage and to determine if they were any violations of New York State Penal Law or executive orders.
Clifford noted that limited information can be substantiated “and it would be premature to draw conclusions until the entire incident and all evidence can be reviewed.”
A subsequent statement said a review of the entire incident is still being conducted by the department’s Office of Professional Standards, in conjunction with the Schenectady County District Attorney’s Office.
According to Clifford, the Guyanese man, Yugeshwar Gaindarpersaud, did resist arrest, both actively and passively. The goal of law enforcement during a combative encounter, he noted should be to gain control of the subject, situation, and achieve custody, without causing injury. That being said, he maintained that at no time did the officer attempt to impair Gaindarpersaud’s breathing or blood circulation, but rather made an attempt to gain control of the continual struggling Gaindarpersaud, during which time he briefly placed his knee on the man’s “head to maintain control of the subject while calling for help and giving repeated commands to Gaindarpersaud’s family to back up.”
Clifford added that during the engagement, the officer gave multiple commands to Gaindarpersaud to get him to put his hands behind his back. The officer held the head of Gaindarpersaud to the ground only as long as necessary to get him handcuffed and immediately releases it once backup officers arrive.
Clifford stated that throughout it all, the man remained vocal and conscious. Once handcuffed, he walked to the police car and attempted to escape. He was then placed in the car and driven to the police headquarters.
Schenectady Fire Department paramedics were called to evaluate him before he was transported to Ellis Hospital for treatment.
Clifford further related that the release of the video clip and photo unfortunately created a wedge between the community and police, and asked that the public be patient and trust that appropriate actions will be taken.
The release stated that footage from multiple persons was viewed by officials and the intention is to share the footage of the body camera worn by the officer to the public.
The officer involved in the incident was identified as Patrolman Brian Pommer, a seven-year veteran of the department who is currently assigned to desk duties during the ongoing review.
Changes
Meanwhile, following a meeting A joint statement explained that the changes are: The Schenectady Police Department policy will be updated to prohibit the use of a knee to a person’s head or neck as a control hold; The Use of Force continuum, that include at least 6 levels of steps, with clear rules on escalation, will be returned to the departments Use of Force Policy and immediately trained as a component of further de-escalation training; All warrantless arrests will be approved by patrol supervisors, who will be on scene to supervise all custodial arrests to assure that any force used is in compliance of departmental policy and local, state, and federal laws; The department will immediately seek the removal of police certification for any officer that is determined to use deadly physical force that is unwarranted by federal guidelines; and the department will immediately begin discussions with the Civilian Police Review Board to explore changes that will serve to build public confidence. The department will support the agreed upon changes and request that the Schenectady City Council adopt them immediately.
The viral video showed Gaindarpersaud, 31, being detained by the unidentified officer while his mother screams in the background and his father Jaindra demands that he be released.
The incident occurred on Monday morning less than a month after Governor Andrew Cuomo and Mayor Gary McCarthy each signed executive orders explicitly banning the use of knee-to-neck and choke holds by the city’s police department. The orders were a direct response to countrywide protests after American George Floyd was killed by a similar knee hold.
A protest erupted in Schenectady, New York after the video with the officer and Gaindarpersaud went viral.
Local reporting from the Daily Gazette explains that the officer was responding to a report that a neighbour’s tyres had been slashed as part of an ongoing dispute.
