III. DEFENDANT OFFICERS UNLAWFULLY POINT FIREARMS AT DEXTER AND ENGAGE IN ESCALATORY CONDUCT DURING THE UNLAWFUL STOP.
38. After Defendant Officers unlawfully curbed Dexter’s vehicle, they engaged in a number of violent, threatening, and ultra-aggressive policing tactics intended to confuse and to create chaos. Defendant Officers screamed conflicting commands at Dexter, brandished batons in a threatening manner, used disrespectful and profane language, unlawfully attempted to enter his vehicle, and pointed their weapons at Dexter’s face without legal justification.
39. Defendant Officer Giampapa exited the unmarked CPD SUV from the back passenger side. She was un-uniformed and wore a hoodie and blue jeans. Defendant Officer Giampapa did not announce herself as a police officer, nor did she advise Dexter why he had been stopped.
40. Instead, Defendant Giampapa aggressively demanded “Roll the window down, roll the window down. What are you doing?” Dexter complied and completely rolled down his front driver’s side window. In response to Defendant Officer Giampapa’s question, Dexter stated that he was doing “nothing.”
41. Defendant Officer Giampapa then ordered Dexter to roll down his other windows. Body camera footage suggests Dexter became flustered and, in an effort to comply with Defendant Officer Giampapa’s commands, mistakenly partially rolled up the driver's side window instead of rolling down the vehicles’ other windows. The fact that Dexter had committed no violation, but was still subject to Defendant Officers’ aggressive threats undoubtedly created confusion and panic for Dexter.
42. After Dexter’s window rolled partially up, Defendant Officer Giampapa commanded Dexter “do not roll the window up.” At the same time, Defendant Officer Giampapa unholstered her firearm and pointed it at Dexter’s face. While she pointed her gun at Dexter, she attempted to open the driver’s side door of Dexter’s vehicle. Defendant Officer Giampapa unreasonably pointed her gun at Dexter within seconds after she approached his vehicle
43. With her gun pointed at Dexter’s face, Defendant Officer Giampapa continued yelling, screaming repeatedly “Open the doors now!” Dexter replied “Okay, Okay I’m trying.” Defendant Giampapa never acknowledged Dexter’s words and never inquired whether his window had malfunctioned or if his door was jammed. Instead, she continued screaming at him with her gun aimed at him.
44. Defendant Officer Saint Louis, who was un-uniformed wore a hoodie pulled up over his head and jeans. Defendant Officer Saint Louis did not announce himself as a police officer nor did he advise Dexter why he had been stopped.
45. Defendant Officer Saint Louis exited the unmarked CPD vehicle from the front passenger’s seat and approached the front passenger side of Dexter’s vehicle at the same time Defendant Giampapa approached Dexter on the driver’s side. Defendant Officer Saint Louis approached Dexter with an extended baton in his raised hand and immediately ordered Dexter to roll down his passenger side window and commanded “Put your ... put your window down, man,” “Hey roll this one down too... Hey, unlock it!” Seconds after he approached the vehicle, Defendant Officer Saint Louis pointed his gun at Dexter, cocking his wrist and aiming the weapon at Dexter through the windshield.
46. Defendant Officer Pacheco was un-uniformed, wearing khaki pants and a baseball cap. Defendant Officer Pacheco did not announce himself as a police officer nor did he advise Dexter why he had been stopped and curbed.
47. Defendant Officer Pacheco exited the unmarked SUV from the back passenger side and approached the driver’s side of Dexter’s vehicle. Immediately after exiting CPD’s vehicle, Defendant Officer Pacheco pointed his firearm at Dexter and began screaming "Do not f---'g roll it up. . .Unlock the f---'g door.”
48. Defendant Officer Spanos was un-uniformed, and dressed in a hoodie, khakis, and a knit cap. Defendant Officer Spanos did not announce himself as a police officer nor did he advise Dexter why he had been stopped and curbed.
49. Defendant Officer Spanos exited the unmarked SUV from the back driver’s side and approached the driver’s side of Dexter’s vehicle. Standing just a few feet from Dexter’s vehicle. Defendant Officer Spanos immediately unholstered and pointed his gun at Dexter and yelled “Put both hands up!”
50. CPD policy prohibits officers from pointing their firearms at a person unless objectively reasonable to do so.24
51. CPD’s Use of Force Policy General Order 03-02 provides that officers will “use de-escalation techniques to prevent or reduce the need for force. . .” The Policy further provides de-escalation techniques include providing a “warning and exercising persuasion and advice prior to the use of force” and determining whether the situation could be “stabilized through the use of time, distance and positioning.” The Policy also requires that CPD officers “treat all persons with courtesy and dignity which is inherently due every person and will act, speak, and conduct themselves in a courteous, respectful, and professional manner.” Finally, the Policy prohibits officers from using force unless it is the “minimum amount of force needed to provide for the safety of any person.”
52. Defendant Officers surrounded Dexter and failed to identify themselves as police officers or to explain why they conducted the aggressive, pretextual stop and trapped him in between the curb and a parked car. Defendant Officers then each unholstered and pointed their guns at Dexter at close range and screamed various and conflicting commands at him, with several of them repeatedly and forcefully pulling on his car doors and trying to get inside his vehicle. Defendant Officers’ actions created a confusing and chaotic environment and placed Dexter in objective fear for his safety, and at risk of great bodily harm. None of the Defendant Officers engaged in any type of de-escalation. Instead, they pointed their weapons at Dexter and used profane language in clear violation of CPD policy.
53. CPD’s Use of Force Policy General Order 03-02 imposes on CPD officers an affirmative obligation to intervene when they observe a use of force that is “excessive or otherwise in violation” of CPD policy. The Policy instructs officers to “verbally intervene” to stop a violation.
54. From the driver’s side of the CDP vehicle, Defendant Officer Webb observed Defendant Officers Giampapa, Saint Louis, Pacheco, and Spanos engage in the escalatory and unlawful conduct described above. In clear violation of CPD policy, Defendant Officer Webb took no action to intervene or deescalate.
55. By pointing their firearms at Dexter during a minor traffic stop and otherwise escalating this encounter as detailed above, Defendant Officers Giampapa, Saint Louis, Pacheco and Spanos engaged in an unreasonable use of force. By observing these unlawful actions and failing to take action, Defendant Officer Webb violated his duty to intervene.