The policy was submitted to the federal court in Kylie Smith's federal lawsuit against Derek Bowie, but Delaware County claimed in responses to my multiple FOIL requests that it has no written policies.
Well, that was a lie, and I wonder how many more lies as to some "secret policies" I, and other FOIL inquirers, were offered by Delaware County in responses to our FOIL requests.
Here are the obligations of Derek Bowie and his supervisors, those obligations had to be followed in Kylie Smith's and Barbara O'Sullivan's case - and never were.
Derek Bowie and Delaware County Sheriff's Department had to do the following after he used force on:
- Kylie Smith on January 16, 2013,
- on Alecia Bracci on September 5, 2014,
- on Barbara O'Sullivan on September 5, 2014, and then again
- on Barbara O'Sullivan on September 18, 2014.
First, Derek Bowie had to undergo "yearly training" as to the use of force - which is FOILable, but was not disclosed by Delaware County in response to my FOIL requests.
Then, the use of force shall be "consistent with the training" - and, therefore, policies regarding training must be made known to the public, which Delaware County Sheriff's Department did not do either.
Specific cases and statutes must be complied with when using force - Article 35 of the Penal Law, "Graham v Connor".
The officer's actions, under Graham v Connor must be objectively reasonable to satisfy the 4th Amendment test.
Running a police vehicle into a witness of police misconduct to smash a tablet with which she was videotaping police misconduct, is not a "reasonable use of force" (Barbara O'Sullivan's case).
Nor is it a reasonable behavior when a police officer's is beating up, fracturing ribs, sitting on fractured ribs and is trying to kill the officer's former girlfriend with the help of his present girlfriend (Kylie Smith's case).
So, Graham v Connor is already out the door.
Also, according to the policy,
Derek Bowie did not do that in either Barbara O'Sullivan or Kylie Smith's case.
He did not "evaluate the need for medical attention or treatment" for either of these women.
And, even though it was responsibility of Derek Bowie to "arrange for medical treatment", Derek Bowie made no effort to do so.
In Kylie Smith's case, Kylie Smith had to go to the hospital herself, and to have her injuries documented without Derek Bowie "arranging" for it.
Derek Bowie was also required to, by policy, to make pictures of his victims' injuries.
He did not do that either.
Derek Bowie was supposed to report immediately to his supervisors about the use of force, and to submit reports to his supervisors in accordance with the required content.
As far as I know, none of that was done, and I will follow up with another FOIL request, as to both cases.
And, as to the supervisors, they had to (1) go to the site of each use of force - which was not done.
They had to either dispatch the investigator to investigate the case "on site", or to video record that with the "dashcam camera" - which was not done either.
NONE of the procedures prescribed by the "use of force" policy were followed in BOTH of Kylie Smith's and Barbara O'Sullivan's case.
And that, ladies and gentlemen, is a pattern.
Of cover up.