SLO police investigating use of force at Cal Poly protest. But will details be released?

The San Luis Obispo Police Department is investigating the use of force during the pro-Palestine protest at Cal Poly last week that ended with eight arrests.

But the public may — or may not — learn the details of the investigation depending on the result.

About 20 people participated in the demonstration on Jan. 23, marching through campus to the Rec Center to protest weapons manufacturing companies such as General Atomics and Lockheed Martin that were recruiting students at the university’s Winter Career Fair.

Daron Birkholz, Alejandro Buparo, Raleigh Daniel Delk, Sarah Heath, Marcus Hicks and Timothy Jouet were all arrested on suspicion of felony resisting an executive officer and misdemeanor inciting a riot, while Janine Santos was arrested on suspicion of misdemeanor battery of a peace officer.

Ollie Lamkin, the protester who was captured on video being tackled and struck by a San Luis Obispo Police Department officer, was arrested on suspicion of misdemeanor resisting a peace officer, misdemeanor removing a weapon that is not a firearm from a peace officer, misdemeanor inciting a riot and felony resisting a peace officer with threats or violence.

Protesters told The Tribune that police were aggressive from the start, while the university and police say protesters were attempting to break through barricades to enter the career fair. Both sides accuse the other of escalating the situation.

“I like to make sure I have all the facts so I was trying to figure out what’s happening,” San Luis Obispo mayor Erica Stewart told The Tribune. “I’m extremely concerned when someone is experiencing violence. That is not OK in the in the community. I don’t feel good about that.”

Stewart said it’s important for both people exercising their free speech and police officers to not experience or practice violence. She added that transparency with the investigations that occur is key to ensuring community members can feel safe exercising their right to free speech moving forward.

“We continue to build a trusting relationship with our community and encourage all community members to obtain the facts on any publicly and emotionally impactful incident,” San Luis Obispo Police Department Chief Rick Scott said in an emailed statement. “Our community values peace and supports the department’s goal of providing a safe and peaceful community where every person is valued and protected.”

The Cal Poly Police Department is the lead investigating agency for the incident. Matt Lazier, spokesperson for the department, told The Tribune in an email the department will also conduct an internal review to “ensure that all CPPD actions during the incident were within the law and all relevant policies.”

SLOPD officer who tackled protester also shoved another down steps, agency confirms

San Luis Obispo Police Department Deputy Chief Brian Amoroso told The Tribune in an email the department responded to an emergency request from Cal Poly police.

The request said protesters “armed with large wooden shields” were assaulting officers and attempting to gain entry to the career fair.

The only person SLOPD arrested was Lamkin, the protester seen being tackled on video. The other seven were detained by the Cal Poly Police Department.

Video shows several protesters carrying large wooden signs shaped like riot shields tugging on metal barricades placed in front of the entrance to the Rec Center as a pair of officers hold the other ends of the barriers. At one point more officers run up to the group, and a shout of “get on the ground” can be heard.

An officer then appears to throw one of the protesters — now identified as Lamkin — to the ground, tackling them and hitting them several times. Several video angles of the incident have been provided to The Tribune.

In a news release at the time, SLOPD said the officer “was forced to protect himself” when Lamkin attempted to take one of his weapons and responded with a hand strike “to retain his weapon.”

When asked about the discrepancy between the release saying there was a hand strike and videos showing multiple strikes, Amoroso said the release was shared rapidly to provide initial information to the community. The release was not intended to cover every detail of the incident, including the types of strikes, number of strikes or where Lamkin was struck.

“It is intended to be transparent in providing information quickly and to confirm an incident occurred where force was used,” Amoroso said.

Scott said the video of the SLOPD officer striking Lamkin was “jarring to watch” and the department is investigating to ensure the use of force is in line with policy.

“I am saddened that officers were forced to defend themselves and arrest people who showed incredible disregard for community values. We hold dear the right to assemble and protest, and police should never have to use force in this situation,” Scott said. “I remain grateful no one was seriously injured during this ugly and tense situation.”

Amoroso did confirm the officer who was captured striking Lamkin is the same one videoed pushing Samir Ibrahim, one of the protest leaders, down steps.

“He pushed the persons who refused to clear the area after lawful direction,” Amoroso said.

Ibrahim described the officer who pushed him as “really aggressive.” He told The Tribune he was speaking into a megaphone as he backed up towards the stairs when an officer shoved him as he turned around to walk away, which sent him stumbling down the steps.

In the video, Ibrahim responds by walking back toward the stairs and reaching his foot out onto the top step, in front of the officer, who then lunges at him saying “you’re going to jail,” before Ibrahim retreats.

Amoroso declined to name the officer involved in the videos at this time.

The deputy chief said the agency conducts investigations every time force is used. These investigations include reviewing the officer’s report, body worn camera footage and any third party video in order to evaluate whether the officer’s actions were within policy.

The department isn’t planning a public release on the investigation’s results unless the officer’s actions are found out of policy, Amoroso said.

“Officers never wish to use force, especially against persons expressing their right to protest. Police are held to an incredibly high standard as they should be, but the persons who made the decision to use violence at this protest must be held accountable as well by our community standards,” Amoroso said. “Officers cannot be assaulted, shoved, or forcefully dislodged from their position when providing lawful orders. Forcing the officers to take action to lawfully protect themselves is very ugly, especially in our kind and welcoming community.”

San Luis Obispo County Assistant District Attorney Eric Dobroth told The Tribune the agency will review investigative files from the arresting agencies and decide whether charges will filed at that time. The agency had not yet filed charges as of Tuesday morning.