De-escalation mandatory in California but training varies across police departments

The man is wildly swinging a crutch, saying aliens are trying to kill him. Bystanders try to help while recording this bizarre scene on their phones. 

Then the police show up.

The chaotic and volatile scene has all the elements of an unfolding tragedy, potentially leading to an injured bystander, or worse, the next viral video of a fatal police shooting. 

But in this recent play-acted scenario at the San Francisco Police Department’s training facility – complete with a cast of cop actors -- it’s a chance for officers to practice getting it right. 

KTVU spent the day watching as police practiced using tactics to help resolve the situation peacefully.

"We’re not training in a silo," said Capt. Jack Hart, who heads the department’s police academy. "We’re able to apply the other disciplines of crisis intervention training, de-escalation, proportionality, the sanctity of life, duty to intervene and all the other principles of 21st century policing right here."

The training instills the San Francisco Police Department’s de-escalation policy that was established in 2016 following the police killing of Mario Woods in the city’s Bayview. 

Three years later, as more attention has focused on policing issues nationally, Gov. Gavin Newsom signed SB 230, which made it mandatory for every police jurisdiction in the state to have policies on de-escalation and required using alternatives to force if possible. 

But as of Jan. 1, when every agency was required to have a policy on the books, critics said many departments haven’t backed up their policies with adequate training and controversial killings continue.

"What’s written on paper doesn’t necessarily govern what’s happening the streets," said Adante Pointer, an Oakland-based civil rights attorney who represents many families of people killed by police. 

"Officers should be routinely going over skills and techniques and tactics to de-escalate a situation so that’s it’s a part of their automatic response when they’re dealing with a crisis situation," he added.

For example, in Danville, officer Andrew Hall fatally shot two people in less than three years. Both shootings have caused widespread community outrage. 

Contra Costa County District Attorney Diana Becton charged Hall last month with voluntary manslaughter in the 2018 killing of Laudermer Arboleda. Then in March, Hall shot and killed Tyrell Wilson seconds after approaching him in the street. Wilson was armed with a knife.

And Alameda County District Attorney Nancy O’Malley charged former San Leandro officer Jason Fletcher in the shooting of Steven Taylor last year. She cited Fletcher’s failure to use de-escalation tactics.

Both men have pleaded not guilty.

"You have to embrace the culture of de-escalation, you have to make it of value and from the moment the officer gets hired to the moment they retire," said Brandon Del Pozo, the former chief of the Burlington, Vermont police department. 

He’s a member of the police reform advocacy group Law Enforcement Action Partnership and said it’s high time there’s national standards and training on de-escalation. 

"With 18,000 police departments in America, hundreds and hundreds have a good de-escalation policy but the majority still have yet to adopt one," he said.

San Francisco hopes its training can be a model to other agencies. 

Part of the scenario KTVU witnesses involved officers working in teams and delegating roles for each one. And most importantly, taking the time if it’s available.

"We recognize this fierce urgency to be better in order to meet community needs and demands as best as we can," Hart said. "We looked at situations that have literally led the police profession to its knees over the past 7 years, and we know we need to be better."

Evan Sernoffsky is an investigative reporter for KTVU. Email Evan at evan.sernoffsky@foxtv.com and follow him on Twitter @EvanSernoffsky