HomeMy WebLinkAbout2020-08-07; Police Department County Health Order Violation Response Update; Gallucci, NeilTo the members of the:
· CITY COUNCIL
Date '"6/1 /1.0 CA ✓ CC ✓
CM ✓ ACMLDCM (3) ,,/
Aug. 7,2020
Council Memorandum
To:
From:
Honorable Mayor Hall and Members ofthe City Council
Neil Gallucci, Chief of Police
Geoff Patnoe, Acting City Manager if2 Via:
{city of
Carlsbad
Memo ID# 2020165
Re: Police Department County Health Order Violation Response. Update
This memorandum is an update on the City of Carlsbad Police Department's response to
noteworthy reports of violations of the county health order, and its ongoing efforts to ensure
compliance with the county health order.
Noteworthy Reports of County Health Order Violations
Vons, 985 Tamarack Avenue
In May, the Police Department received a call for service regarding a battery that had occurred
as a result of an argument over a customer not wearing a mask properly. The employee
reporting the incident stated that she told an elderly male customer that he needed to adjust
his mask so that it properly covered his face. The customer got angry, yelled at the employee
and threw the basket he was carrying at the employee, hitting her in the arm. The employee
complained of minor injuries to her arm as a result of being hit with the basket.
The officer reviewed and collected the store surveillance video, which corroborated the
employee's account of the incident. The elderly male customer left the store before the officer
arrived.
The case was assigned to a detective who has identified the elderly male, obtained a confession
and is preparing the investigation for review by the District Attorney's Office for the filing of
appropriate charges. (Case 20-03109}
Circle K, 7602 El Camino Real
In May, the Police Department received a call for service about a disturbance related to a
customer of the store not wearing a mask. An officer went to the store and contacted the
customer who had called police. He reported that an elderly male customer had not been
wearing a mask inside the store as required. He said that when he confronted the elderly male
customer about not wearing a mask, the customer threatened him and later spit in his face.
The officer spoke to an employee who witnessed the incident and the employee stated that the
reporting customer was the primary aggressor in the incident. The employee stated that the
man threatened the elderly gentleman, and that the elderly gentleman tried to avoid the
Police Department
2560 Orion Way I Carlsbad, CA 92010 I 760-931-2170 t
Honorable Mayor Hall and Members of the City Council
Aug. 7,2020
Page 2
altercation. The customer then threatened the elderly man. The elderly man left prior to the
officer's arrival and has not been identified.
Due to the conflicting information and lack of known identity of the elderly man, the officer
documented the incident in a formal incident report, which is on file with the
Police Department. The officer also recovered as evidence the surveillance video from the
store. (Case 20-02974)
Color Nails & Spa, 961 Palomar Airport Road
In June, the Police Department learned through a news source of an incident at Color Nails &
Spa. An officer was sent out to the business to investigate the incident in response. It should
be noted that none of the persons involved in this incident contacted the Police Department.
The responding officer found the business to be operating in compliance with the county health
order. The officer spoke with an employee who had witnessed the incident days earlier, in
which two customers argued about the wearing of a face mask, leading one customer to
threaten to spit on the other, and then either cough or mimic coughing near the other
customer. The business was not able to provide any information regarding the identity of either
customer. The officer took a crime report for a potential misdemeanor battery. The case was
assigned to a detective. Upon further investigation, neither customer has been identified. The
case remains on file for further investigation if the identity of either customer is learned.
(Case 20-03862)
NCTD Bus Incident, Shoppes at Carlsbad. 2525 El Camino Real
In June, the Police Department received a call for service from a passenger on an NCTD bus
reporting that the bus driver was not wearing a mask and that the bus driver had angrily
threatened the passenger. Officers responded and contacted both the passenger and the
driver.
The passenger reported that the driver was not wearing his mask as required as he drove the
bus. When the passenger confronted the driver about the county health order violation, the
driver became very angry and yelled and threatened the passenger.
The driver reported that the passenger had previously complained about the driver not wearing
a mask. Since those complaints, the driver has worn a mask as required by the county health
order, including on the day the officer spoke to the driver. The driver told the officer that when
the passenger began to exit the bus at the Shoppes of Carlsbad, the driver had moved his mask
to the side to take a drink from a water bottle and that was when the passenger confronted the
driver. The driver became upset at the passenger due to his accusations.
Officers later obtained a copy of the video surveillance from the bus and noted that the camera
positioning did not show the driver as he drove the bus. However, upon reaching the Shoppes
of Carlsbad, the video shows that as the passenger moves to exit the bus, the passenger points
Honorable Mayor Hall and Members ofthe City Council
Aug. 7,2020
Page 3
his cellphone at the driver. The driver is then seen starting to drink from a water bottle. The
driver had a mask on his face but pulled to the side so that the driver could drink from the
bottle. There was no evidence of a violation of the county health order based upon the
investigation. The officer completed a formal informational report to document the incident.
(Case 20-04132}
Urban Plates, 1923 Calle Barcelona
In July, the Police Department received a call for service from a customer at Urban Plates. The
customer stated that he had been involved in an argument with another patron regarding a lack
of social distancing by the other patron. The reporting customer stated that the other patron
used racial slurs and said that she, "wanted to punch him." Officers responded and spoke with
both involved parties and two witnesses.
The other patron reported that there was an argument but denied using racial slurs or
threatening to punch the other customer. The two additional witnesses differed on whether
there was a threat made during the argument.
The reporting party did not desire to place the other patron under citizen's arrest and the
officer did not find evidence of a crime being committed. This incident was documented in a
formal informational report. (Case 20-04307)
lnvita Coffee, 6806 Embarcadero Lane
In June and July, the Police Department received several complaints about county health order
violations occurring at this business. Officers were assigned i:o investigate these reports
covertly. The officers went to the business posing as customers for three consecutive days in
July and noted no county health order violations. Later in July, the Police Department received
another complaint of a county health order violation at the business. Uniformed officers went
to the business and noted that employees were not wearing masks, in violation of the county
health order. Officers contacted the manager and advised her of the county health order's
requirements for businesses and the manager agreed to comply. This investigation was
documented in a formal informational report. (Case 20-04565)
K-15peed, 6212 Corte Del Abeto
Since June, the Police Department has responded numerous times to K-1 to investigate
reported county health order violations including operation in violation of the order. The
Police Department worked with the City Attorney's Office, District Attorney's Office, and the
County Health Department to determine whether K-1 was operating in violation of the county
health order. Ultimately, the City Attorney's Office issued a Cease and Desist Order to K-1 for a
violation of the county health order. When officers arrived to serve the Cease and Desist Order,
the business had closed. The Cease and Desist Order was posted on the front door of the
business and served on the business owner, property owner, and tenant. This investigation is
ongoing. (Case 20-04669}
Honorable Mayor Hall and Members of the City Council
Aug. 7,2020
Page 4
California Water Sports. 4215 Harrison St.
In July, the Police Department received reports that employees at California Water Sports had
tested positive for COVID and the business was potentially operating in violation ofthe county
health order. Officers responded to the business and spoke with the owner who acknowledged
two employees had in fact tested positive but had not since returned to the business.
Following the initial contact, officers later conducted an unannounced check of the business
and provided education regarding the proper wearing of masks by employees. The owner
advised that he would speak with all employees about compliance with the county health
order. (Incident 20-60163)
Beach Gathering: Rue Des Chateaux
In July, the Police Department received a call for service regarding a large gathering on the
beach near the Rue Des Chateaux beach access. Multiple officers including a supervisor
responded and dispersed the crowd. This incident was reported by the media. The
Police Department has provided substantial extra patrols along the beach in an effort to obtain
compliance with the county health order. (Incident 20-61571)
Additional County Health Order Violation Investigations
In addition to the investigations detailed above, the Police Department has responded to over
250 complaints related to business related county health order violations. Each complaint has
been assigned to an officer to investigate and to address any violations observed.
In addition to responding to complaints, the Police Department has logged over 5,000 extra
patrols intended to address COVID-19 related issues since mid-March.
Authority to Arrest for a Misdemeanor Violation
A violation of the county health order constitutes a misdemeanor under the Health and Safety
Code and Government Code.
Issuance of a misdemeanor citation constitutes an arrest. Penal Code section 836 provides that
a peace officer may arrest a person when the officer has probable cause to believe the person
has committed a public offense in the officer's presence. Therefore, officers may only arrest for
misdemeanor violations that occur within the officer's presence with few exceptions for
situations such as domestic violence violations, concealed weapons, assault/battery of fireman
while on-duty, drunk driving, or juveniles.
When there is probable cause to support an arrest for a misdemeanor that was not committed
in the presence of an officer, and does not fall within an exception to the 'in-presence'
requirement, the officer may submit all documentation to the District Attorney's Office for
review and evaluation for issuance of charges.
Honorable Mayor Hall and Members of the City Council
Aug. 7,2020
Page 5
Penal Code section 853.6 provides that a person arrested for a misdemeanor is generally
released after being issued a'written notice to appear (a citation). The written notice is then
filed with the prosecuting attorney, who has the discretion to initiate prosecution by filing the
notice or a complaint with the court. In both cases, where the officer makes an arrest for a
misdemeanor committed within his/her presence or where the officer submits documentation
to the prosecuting attorney for review and evaluation, the prosecuting attorney, in this case the
District Attorney, ultimately decides whether to initiate prosecution for a violation of the
county health order.
Future Investigations
In the future, business-related county health order violations will be assigned to the
Police Department's Crime Suppression Team consisting of one sergeant and three officers.
The intent is to have one point of contact within the Police Department to coordinate
enforcement related to these complicated issues. This unit will work closely with the patrol
division, City Attorney's Office, District Attorney's Office, County Health Department and city
code enforcement staff to employ a comprehensive approach to investigate these potential
violations with a focus on protecting the health ofthe community.
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney