Schenectady, New York, bans police from using a knee to a person’s head or neck as a control hold, implements other policy changes after release of video showing arrest
Officials in Schenectady, New York, said city police are now banned from placing a knee on a person’s head or neck as a control hold, days after an officer used the maneuver to bring a suspect into custody.
Schenectady Mayor Gary McCarthy, Public Safety Commissioner Michael Eidens and Police Chief Eric Clifford announced that and other policy changes after meeting with the NAACP, the city council and the Civilian Police Review Board, according to a press release.
These changes were sparked by the release of body camera footage showing police officer Brian Pommer placing his knee on the head and neck of Yugeshwar Gaindarpersaud during an arrest.
The policy changes include the ban of the control hold, the immediate removal of police certification for an officer who uses unwarranted deadly physical force, improved de-escalation training for officers, a requirement that all warrant-less arrests be approved by patrol supervisors and discussions with the Civilian Police Review Board to explore changes that will serve to build public confidence.
“These reforms are just the beginning and as community conversations continue, additional reforms and changes will be made and immediately communicated to the public,” McCarthy said in the statement.
A full review of the incident involving Pommer and Gaindarpersaud is still being conducted by the police department’s Office of Professional Standards and the Schenectady County District Attorney’s Office, according to the press release.
Pommer, a seven-year veteran of the police force, is on desk duty while officials investigate the incident. CNN has reached out to him and the police union for comment.
Gaindarpersaud was charged with criminal mischief and resisting arrest. His next court date is July 21, according to the court.
Schenectady is about 20 miles northwest of Albany, New York.
The body cam footage
Body camera footage released on Wednesday shows the incident that led to Pommer using the now banned control hold.
Pommer was responding to a call about damaged property Monday, according to a statement from Chief Clifford.
The officer was dispatched to Brandywine Avenue for a report of a vehicle that had its tires slashed, according to police. The complainant alleged that a male neighbor had damaged his tires as part of an ongoing dispute between them and said he had video surveillance of the suspect, Gaindarpersaud, committing the crime.
On body camera video, which lasts just over five minutes, Pommer approaches Gaindarpersaud in the driveway of a home and tells him the neighbors have video of him slashing their tires, but they don’t want to press charges.
Gaindarpersaud tells Pommer he does not know what the officer is talking about and wants to see the video.
“So, bring that camera and show it to me. OK?” Gaindarpersaud says.
“OK, turn around. Put your hands behind your back,” Pommer says while calling for back up on his radio.
Gaindarpersaud runs to the backyard of the home and Pommer runs after him. A struggle ensues when Pommer catches up to Gaindarpersaud.
It isn’t clear what is happening during the struggle but the officer pushes Gaindarpersaud toward the ground and tells him over and over to put his hands behind his back.
Pommer puts his knee on Gaindarpersaud’s head and neck. Seconds later, it appears Pommer strikes Gaindarpersaud somewhere in his lower body because the camera shakes and the suspect says, “Ow!”
Pommer keeps his knee on Gaindarpersaud’s head and neck for at least 90 seconds, but his body camera falls to the ground during that time and it could be as long as about two minutes, at which time other officers arrive and help take him into custody.
Once the officers escort Gaindarpersaud to the police car, he appears to struggle with them again after one officer appears to try to check his pocket.
Gaindarpersaud said he sustained injuries from the encounter and passed out in the back of the squad car, according to CNN affiliate Spectrum News Albany.
He said the officer was “smashing my head to the concrete,” Spectrum News Albany reported. “I couldn’t move, I couldn’t do nothing.”
Immediately after the release of the video, police said Gaindarpersaud resisted arrest and that the officer’s knee was only used to maintain control.
“The officer holds the head of Mr. Gaindarpersaud to the ground only as long as necessary to get him handcuffed and immediately releases it once backup officers arrive,” Chief Clifford said in a press release Tuesday.
The man was put in a police car and immediately taken to police headquarters, Clifford said.
Gaindarpersaud was conscious for the ride and the officer transporting him called medics on the way to the station, he said.
“Upon arrival at police headquarters Mr. Gaindarpersaud was conscious and immediately evaluated by Schenectady Fire Department paramedics then transported to Ellis Hospital for treatment,” Clifford said.