HomeMy WebLinkAboutCaptains Recommendations_Etherton Capt RecommendationPolice Department
1042 Walnut Street, San Luis Obispo, CA 93401-2729
805.781.7317
slocity.org
Date: 11 /09/2021
To: Chief Scott
From: Captain Brian Amoroso
Subject: Officer Blake Etherton
Investigation File # FN2020-0025
After reviewing the executive summaries completed by LieutenantJohn Villanti, along
with the appropriate Lexipol policies outlined in the executive summary, I concurwith
Lieutenant Villanti's findings on the following policy violations:
SWAT Callout — Paso Robles 6/2020
• Lexipol 300.3 Use of Force - Sustained
oOfficers shall use only that amount of force that reasonably appears
necessary given the facts and totality of the circumstances known to or
perceived by the officer at the time of the event to accomplish a
legitimate law enforcement purpose (Penal Code § 835a).
• Lexipol 339.5.10 Safety —Sustained
o Failure to observe or violating department safety standards or safe
working practices.
(d) Unsafe firearm or other dangerous weapon handling to include
loading or unloading firearms in an unsafe manner, either on- or off -
duty.
Recommendation of Discipline
Although these are two different cases, they showcase a pattern of poor decision
making in using force resulting in unnecessaryrisk to Officer Etherton's teammates
and the public.
FN2020-0025
California State Law and Department Policy directly guide Law Enforcement actions
related to use of force, de-escalation, and the decision to use lethal force. Although
the use of lethal force was justified during the June 2020 SWAT callout, Officer
Etherton failed to recognize that there were no less than 10 trained SWAT operators
in a better (fixed, kneeling, closer, elevated, superior firearms etc) shooting position
than himself. This was evidentduring his interview as he continued to justify that due
to his extensive training, experience, and proficiency in firearms handling, he was
able to safely engage the suspectfrom his position over 100 yards away whilewalking
and shooting from behind his partners. Officer Etherton was aware that there was a
sniperteam behind him in an elevated position with weapons designed foraccuracy
at long distances. He also failed to take into account the unpredictability of a
shooting, and the likelihood thatone of the Officers in frontof him could have quickly
stood up or moved laterally into his line of fire.
Instead of recognizing the extreme risk he created by shooting 10-15feet behind his
partners from a standing, walking position over 100 yards from the target, he felt the
need to engage. Officer Etherton showed a lack of global awareness during this
incidentthatis unacceptable given his level of firearms and SWAT training, and nine
years of experience as a Police Officer. Officer Etherton demonstrated his inability
to show restraint and trust his fellow SWAT operators to fulfil their duties and
neutralize the suspect and instead put his team at significant unnecessary risk
Summary
Based on the totality of both investigations, it is my recommendation that Officer
Etherton be removed from all specialty and collateral assignments including SWAT,
Rangemaster and Field Training Officer. In addition, it is my recommendation that
Officer Etherton receive a temporary pay reduction equivalentto 40 hourswithoutpay
to convey the seriousness of his actions and the Department's commitment to
ensuring the tactics deployed by ourOfficers are appropriate, proportionate, andsafe
given the totality of the circumstances and other options available. Officer Etherton
will also be required to attend remedial training in de-escalation techniques,
communication, and Lexipol Policy. These trainings maybe in -person, online or a
combination of both at the discretion of the Department.
Further deficiencies by Officer Etherton in these areas could result in further
discipline, up to and including termination.
Respectfully Submitted,
Captain Brian Amoroso