Nine policy changes recommended after Da'Quain Johnson death

The Grand Rapids Police Department has no written restrictions on using police dogs against juveniles, elderly persons, mentally ill individuals, deaf people, intoxicated people, or pregnant people. That is the finding of a benchmarking analysis released Tuesday by the city's Office of Oversight and Public Accountability.

The oversight office is recommending nine policy changes to bring Grand Rapids in line with national best practices. The recommendations include codifying protections for vulnerable populations, requiring supervisor approval for K-9 deployments, and limiting police dog use to serious violent or armed suspects.

"If things happen by practice, then it's tough to have accountability," Mayor David LaGrand said. "If the answer is, 'Oh, we always do that, but it's not written down'... there's no accountability for going forward."

Prompted by a fatal shooting

The K-9 policy review was triggered by calls from residents and city commissioners after the Feb. 18 death of Da'Quain Johnson, 32. Johnson was apprehended by a police dog before he was fatally shot by a Grand Rapids officer. The Kent County prosecutor determined the use of force by officers was justified.

City Manager Mark Washington committed to a three-pronged review of the police department's policies, practices, and oversight following Johnson's death.

The K-9 analysis is the second of three planned presentations to the city commission. The first, presented in March, examined all Grand Rapids officer-involved shootings from the past five years. The third, expected in July, will evaluate the city's Civilian Appeals Board process.

How Grand Rapids compares to peer cities

Brandon Davis, managing director of the Office of Oversight and Public Accountability, presented the findings to the city commission's public safety committee on Tuesday, June 16. The OPA compared Grand Rapids' written policies to those of nine peer cities nationwide and three Michigan agencies: the Detroit Police Department, Traverse City Police Department, and Kent County Sheriff's Office.

Key gaps identified in the review:

• No written restrictions for K-9 deployment against juveniles, elderly, mentally ill, deaf, intoxicated, or pregnant persons
• No public reporting requirement for K-9 deployments, bites, injuries, or demographics
• No supervisor approval requirement for K-9 deployments
• No limits restricting K-9 use to serious violent or armed suspects

Davis noted that Grand Rapids officers follow many of these practices on the ground even though they are not reflected in written policy. Officers are trained to weigh a person's status in a vulnerable population as part of the totality-of-the-circumstances analysis for any use of force.

Chief says department is open to changes

Interim Police Chief Joe Trigg said he is open to reviewing the recommendations and implementing some of them. He cautioned that some recommendations may not be feasible because on-the-ground incidents can be too nuanced or fast-moving to fit into written policy.

"Not everything can always fit into policy, but it's how we practice combined with our policy, on why we have the great agency that we do," Trigg said.

Trigg added that the department is confident in its policies but sees room for improvement.

"There's always an opportunity to get stronger," he said. "We're open to, as an agency, improving."

The decision to implement any of the nine recommended changes rests with the police chief.