Chicago Firm: Violent Urbana Arrest was Consistent with Urbana Police Policy

Urbana Police officers kneel on and beat Urbana resident Aleyah Lewis

Nearly five months after the violent arrest of Urbana resident Aleyah Lewis, Chicago firm Hillard Heintze has cleared the officers involved of all misconduct.

On April 10, 2020, Urbana Police officers arrested Lewis (video and original article here). Following the incident, Urbana Police Department (UPD) performed an internal review of the incident and concluded that the actions of the officers were within UPD policy and procedure (article here).

In response to public outcry, the City of Urbana hired Chicago-based law enforcement consulting firm Hillard Heintze. The firm was directed to assess UPD’s policies and whether the internal review of the Lewis incident adhered to those policies (article here). The Hillard Heintze review was performed based on materials and reports provided by the Urbana Police Department. The firm did not interview any of the officers involved nor Aleyah Lewis nor any witnesses. No further investigations into the incident was conducted.

The Hillard Heintze report, released by the City on September 3rd, 2020, clears the officers of all misconduct. The officers’ actions and the police internal review were evaluated based on the UPD Use of Force policy, though the firm determined that the policy is outdated. The report, which cost tax payers $20,000, reiterates deficiencies in the Use of Force policy that Urbana residents have been voicing to elected City officials for months.

The decision to contract with Hillard Heintze was made internally by City staff and Mayor Diane Wolfe Marlin, and did not go through a vote by City Council. The review process was off to a shaky start as City Council members and residents expressed concern about Hillard Heintz’s deep ties to policing and a poor history of community engagement (article here).

The Hillard Heintz review of the UPD internal review concluded that Sergeant Michael P Cervantes and Officer Eric L Ruff’s use of force while arresting Aleyah Lewis were in compliance the applicable UPD policies.

“Our principle finding is that the use of force in this case was consistent with the UPD’s use of force policies and that the UPD Use of Force Review Board’s determination is supported by a preponderance of the evidence,” wrote Debra Kirby, Senior Vice President (former Deputy Chief of Chicago Police Department), in her report to Mayor Marlin.

According to Hillard Heintze, Sgt. Michael Cervantes’s actions of throwing Lewis to the ground, and restraining her by pushing his elbow and knee against her back while she was on her stomach was authorized under UPD policy.

It was also consistent with UPD policy for Officer Eric Ruff to punch Lewis in the back of her head and knee her in the ribcage to handcuff her. According to Hillard Heintz, these violent actions were in line with policy because the officers used the force reasonably believed to be necessary to arrest Lewis and defend themselves from harm. Again, Hillard Heintze was able to arrive at that conclusion without interviewing any of the officers.

Despite giving their stamp of approval to officers’ use of force, Hillard Heintze acknowledged that the multiple commands issued simultaneously by three officers at the scene was confusing. The team recommended that one officer be designated to give all commands when detaining a subject.

The report cited the patronizing and unprofessional language used by the officers when interacting with Lewis.

“You need to act like a lady. You’re not right now,” Sergeant James Cory Koker told Lewis.

“You fixing to walk home – you fixin’ to go to jail,” Sergeant Cervantes yelled to Lewis.

Hillard Heintz advised that officers receive training on how best to engage agitated subjects.

The firm also identified the following problems while reviewing the Use of Force policy (UPD Policy 300, Use of Force). They found UPD’s policy was deficient when compared to standards put forth by professional law enforcement organizations and accreditation agencies.

The Use of Force policy manual does not reference the word de-escalation, nor does it cross reference to another policy that specifically covers de-escalation.
The Use of Force policy manual does not specifically address acceptable use of force standards for restrained subjects who resist or attempt force against officers.
The Use of Force policy manual does not include the danger of positional asphyxiation and does not restrict applying pressure to the back while a person is in prone position.
The Use of Force policy manual does not address the expectations of officers who are in position of a duty rifle while engaging a subject.

As part of their report, Hillard Heintze made several recommendations to UPD’s internal Use of Force investigation process:

The investigating officer is required to canvass the scene to identify and identify civilian witnesses. Statements should be gathered from civilian witnesses to allow for input and perspective of those who were present and witnessed the actions, not just the officer and the subject.
The subject on whom force was used should be interviewed. The investigating officer should make repeated efforts to interview the civilian on whom force was used.
The officers involved should be interviewed.
Ongoing training for supervisors who could be called upon to perform investigations into officer use of force incidents should be provided. This is currently not done by UPD. An alternative would be to assign use of force investigations exclusively to experienced supervisors in the investigations department.

It should be noted that UPD internal affairs did not investigate the Lewis incident, as according to UPD no formal complaint alleging excessive force was received (only a follow-up investigation by a shift supervisor was conducted). Since the incident on April 10, hundreds of complaints were made via letters to the Mayor and City Council members, and via public input at City Council meetings. Formal complaints that were filed via the UPD formal complaint process were summarily denied, seemingly in direct violation of UPD Policy 323, Internal Investigation: “It is the policy of the Urbana Police Department to investigate all claims of misconduct by employees.”

As part of the contract, the Hillard Heintze team also conducted Learning Sessions with community to gain insight on how the City can move forward with community building and strengthening police-community relations. According to the report, the firm invited 50 people from at least 20 different organizations in Urbana but the firm only managed to recruit 18 participants.

Although the firm reported having “robust conversations” in the Learning Sessions, reports from participants have indicated that Hillard Heintze facilitators were unengaged, and the sessions were rushed, poorly planned, and was poorly set up to gather data (article here).

Based on an hour-long presentation, followed by 20 minutes of small group discussion where a questionnaire was self-administered, the firm made 18 recommendations regarding community engagement for the City and UPD. The list included items such as creating educational opportunities for the community to better understand the police complaint and investigative process, further screening and training for UPD officers, enhancing accountability and transparency, and collaborations/partnerships with organizations within the City.

Hillard Heintze will present their findings to City Council on September 8th, 2020.

Documents from the Hillard Heintze review

September 6, 2020