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1 Th author(s) shown blow usd Fdral funds providd by th U.S. Dpartmnt of Justic and prpard th following final rport: Documnt Titl: Author(s): Impact Munitions Data Bas of Us and Effcts Kn Hubbs ; David Klingr Documnt No.: Dat Rcivd: Fbruary 2004 Award Numbr: 98-LB-VX-K006 This rport has not bn publishd by th U.S. Dpartmnt of Justic. To provid bttr customr srvic, NCJRS has mad this Fdrallyfundd grant final rport availabl lctronically in addition to traditional papr copis. Opinions or points of viw xprssd ar thos of th author(s) and do not ncssarily rflct th official position or policis of th U.S. Dpartmnt of Justic.

2 IMPACT MUNITIONS DATA BASE OF USE AND EFFECTS A Grant fundd by th NATIONAL INSTITUTE OF JUSTICE Undr th Solicitation for Law Enforcmnt, Courts and Corrctions Tchnology Dvlopmnt, Implmntation and Evaluation Catgory 4 By Kn Hubbs Prsidnt Pro Tac Intrnational and California Association of Tactical Officrs (CATO) and David Klingr Associat Profssor of Criminology and Criminal Justic Univrsity of Missouri-St. Louis Supportd undr Award numbr 98-LB-VX-K006 from th Offic of Justic Programs, National Institut of Justic, Dpartmnt of Justic. Points of viw in this documnt ar thos of th authors and do not ncssarily rprsnt th official position of th U.S. Dpartmnt of Justic.

3 IMPACT MUNITIONS DATA BASE OF USE AND EFFECTS Projct Abstract Controvrsis surrounding polic handling of rac riots, studnt dmonstrations, and othr civil disturbancs in th 1960s and 70s mad it painfully obvious that Amrican law nforcmnt ndd to dvlop nw tactics, tchniqus, and tchnologis to proprly handl such vnts. On rsult of this ralization was th introduction of firarm-dlivrd impact munitions such as rubbr bullts, woodn dowls, and ban bags that officrs could mploy during disturbancs whn lthal munitions wr not appropriat. As th us of dadly forc by polic cam undr incrasing public scrutiny in th 1980s, som polic agncis bgan to us impact munitions as a mans to rsolv othr volatil situations. This trnd continud through th 1990s and into th currnt cntury as polic incrasingly usd impact munitions to apprhnd fling flons, supprss prison riots, arrst violnt suspcts, subdu armd suicidal subjcts, and accomplish various and sundry othr law nforcmnt tasks. Whil impact munitions usag has incrasd dramatically in th rcnt past, w hav vry littl systmatic information about th circumstancs undr which thy ar mployd and vn lss about th ffcts thy hav on th citizns against whom thy ar usd. This knowldg gap prsnts a problm for law nforcmnt officrs and policy makrs as thy considr how bst to rsolv volatil polic-citizn confrontations. Th study dscribd in this rport was undrtakn to gathr data about th us and ffcts of impact munitions in ordr to inform both th policy makrs who must choos whthr and how to intgrat impact munitions into thir agncis us of forc options and th lin officrs who might mploy thm in th fild. Information was collctd via a survy of North Amrican law nforcmnt agncis that includ impact munitions in thir wapons invntory. Th agncis wr askd to rport on ach cas whr mmbrs of thir agncy fird impact munitions at citizns sinc th tim that thir dpartmnt bgan using thm. Th data collction procss yildd rports on 373 sparat incidnts whr officrs fird at last on impact projctil at citizns. This rport focuss on what th analysis of ths 373 cass discloss about using impact munitions against citizns and discusss th implications of ths findings for contmporary law nforcmnt. Lss Lthal Munitions Usag 2

4 BACKGROUND At th cor of th polic mission to prsrv lif and protct proprty lis thir capacity to us corciv forc against citizns whos actions thratn th pac, ndangr innocnt livs, or othrwis intrfr with officrs lawful xcution of thir dutis (.g., Bittnr, 1990). Bcaus th criminal law is imprcis about how much forc officrs may us in any givn confrontation, polic dpartmnts hav dvlopd us of forc continua to guid officrs actions during intractions with citizns. At th top of th gnric continuum lis dadly forc, which officrs may mploy only to protct thmslvs or othrs from imminnt thrats to lif and limb and to ffct th arrst of violnt flons. Immdiatly blow dadly forc li an assortmnt of tactics and tools such as handhld impact wapons, (polic batons, xpandabl batons, nunchakus), TASERS and othr lctronic stun dvics, and chmical agnts -- such as OC and CS -- that officrs may us to subdu combativ subjcts and protct thmslvs and othrs from attacks that ar not likly to produc srious injury or dath. On problm th polic fac is that th ffctiv us of most of ths forc options rquirs that officrs b in clos proximity to thir opponnt, which incrass th risk to officrs and thus prsnts th possibility that an altrcation may scalat to a point whr dadly forc bcoms ncssary. Impact munitions wr dvlopd and subsquntly dployd in hops of bridging this problmatic gap in th forc continuum. Th trm impact munitions rfrs to a group of firarm-dlivrd projctils that hav a low probability of causing srious bodily injury or dath whn thy strik human targts. Amrican law nforcmnt first sriously considrd th nd for such wapons during th lat 1960s and arly 70s as it bcam incrasingly vidnt that xtant polic tools, tactics, and tchnologis wr not wll-suitd for handling th rac riots, studnt uprisings, and othr civil disturbancs that markd that ra. During this tim, som polic agncis addd impact munitions to thir wapon invntoris in ordr to incras th forc options availabl to thm for daling with mass disturbancs. Ths impact munitions, such as woodn dowls, foam rubbr projctils, and small ban bags, could b fird from 12 gaug shotguns and 37 millimtr gas launchrs. Th nxt major stp in th diffusion of impact munitions in Amrican law nforcmnt cam in rspons to a diffrnt sort of problm, on that mrgd in th lat 1970s and arly 80s as th nation movd away from institutionalizing mntally and motionally disturbd individuals. As th d-institutionalization movmnt procdd apac, officrs wr incrasingly calld upon to dal with mntally and motionally disturbd citizns (hraftr calld EDPs) som of who wr clarly suicidal that had armd thmslvs with dangrous wapons such as basball bats, clubs, knivs, swords, and othr dgd wapons. Many such intractions ndd in polic gunfir, as officrs could not safly disarm th citizn in qustion with availabl forc options short of dadly forc (.g., kicks, baton striks, and arosol-dlivrd irritants such as CS). As community condmnation of such shootings grw, polic administrators and lin officrs alik bgan to look for frsh approachs to daling with armd EDPs. On rsult of this ffort was that many agncis bgan dploying firarms loadd with impact munitions to confrontations with armd EDPs. With impact munitions at thir disposal, officrs could kp a saf distanc btwn thmslvs and armd EPDs whil applying forc that was not likly to caus dath or srious injury, and thus substantially rduc th odds that thy would hav to rsort to dadly forc. Lss Lthal Munitions Usag 3

5 Initially, impact munitions wr dployd by officrs assignd to Spcial Wapons and Tactics (SWAT) tams who wr calld whn patrol officrs rqustd assistanc in daling with an armd EDP. In rcnt yars, howvr, mor and mor agncis hav quippd patrol prsonnl with impact munitions in ordr to incras thir capacity to dal with armd EDPs, as wll as othr situations whr thy might nd to us non-dadly physical forc from a distanc. Th dploymnt of impact munitions by SWAT tams has also xpandd to includ many othr circumstancs bsids daling with EDPs. Today, for xampl, many SWAT tams hav impact munitions radily availabl whn daling with barricadd suspcts and srving high risk warrants so that thy can quickly subdu combativ suspcts who do not prsnt a dadly thrat. Indd, as th usag of impact munitions has incrasd ovr th yars, mor and mor agncis hav addd wapons spcifically dsignd to launch spcific impact projctils. Among th mor popular of ths spcialty wapons ar th ARWEN (Anti-Riot Wapon-Enfild)-37 and Sag SL-6, two launchrs with fiv and six-round drum magazins rspctivly, that prmit th oprator to fir multipl munitions bfor stopping to rload. Ths two wapons ar dpictd in Photo #1 blow. Photo #1: 37mm Plastic Baton Launchrs ARWEN-37 abov and Sag SL-6, blow Whil mor and mor polic agncis ar dploying impact munitions in a widr varity of situations via a broadr array of launching systms, thr xists vry littl systmatic information about th circumstancs undr which thy ar actually fird and vn lss about th ffcts thy hav whn thy strik citizns. Th rsarch projct dscribd blow was undrtakn to shd som mpirical light on ths important issus. PROJECT METHODOLOGY W dtrmind that th most logical way to collct information about impact munitions usag and ffcts was to obtain cas rports dscribing salint faturs of polic confrontations with combativ and potntially violnt citizns whr officrs fird such munitions. Bcaus w wishd to collct information about th largst possibl numbr of cass, w st out to survy all North Amrican polic agncis that count impact munitions among thir forc options. Bcaus diffrnt agncis utiliz diffrnt rcords-kping systms, w dvlopd a cas-basd data collction instrumnt that officrs could complt and snd in following incidnts whr mmbrs of thir agncy fird impact Lss Lthal Munitions Usag 4

6 munitions. This on pag instrumnt, a copy of which can b found in Appndix 1, sought th following information: Agncy nam Dat of incidnt Tim incidnt startd Tim incidnt ndd Incidnt typ (s discussion blow for dtails) Subjct s ag Subjcts sx Subjct s hight Subjct s wight Subjct s rac Subjct s build (s discussion blow for dtails) Typ of wapon(s) th suspct possssd (s discussion blow for dtails) Typ of clothing th subjct wor Numbr of impact munitions fird during incidnt Numbr of munitions that struck subjct Typ of impact munitions fird (s discussion blow for dtails) Distanc btwn officr and subjct whn officr fird th munitions Ara on suspct s body munitions impactd (s discussion blow for dtails) Typ of injury subjct sustaind from munitions Whthr th subjct rcivd a mdical xamination Whthr th subjct was admittd into a hospital for mdical or psychiatric rasons Aftr dsigning th instrumnt, w st out to dvlop a sampl of North Amrican law nforcmnt agncis that includ impact projctils in thir ammunition invntoris. As th first stp in this procss, w contactd th fiv largst impact munitions manufacturrs (all impact munitions usd by North Amrican law nforcmnt agncis ar producd by privat firms) and askd for thir clint lists. Four of ths companis complid with our rqust. In th nd, th information supplid by th manufacturs yildd a list of 685 diffrnt polic and corrctions agncis that had purchasd impact munitions from at last on company. W thn snt ach of ths agncis a packt that includd copis of th data collction instrumnt and a lttr of introduction that dscribd th study and rqustd thir participation in it. W also snt a follow-up mailing rminding ach of ths agncis about th projct approximatly thr months latr. Additionally, w took stps to dvlop information from agncis that did not appar on th manufacturrs clint lists, but that might nonthlss b using impact munitions. W submittd to svral law nforcmnt journals and nwslttrs an articl that dscribd th study and sought participation from intrstd agncis. W also postd information about th projct and how intrstd agncis could participat on th wb sit of th California Association of Tactical Officrs (CATO). In th nd, ths fforts yildd a total of 373 sparat cas rports from 106 diffrnt law nforcmnt agncis. Nin (9) of ths cass wr submittd by stat agncis, 80 by county agncis, and 284 by municipal agncis (no corrctions agncis snt in any rports). Lss Lthal Munitions Usag 5

7 Many of th rports submittd did not includ information on ach point of information w rqustd. Follow-up phon calls wr mad to thos agncis that submittd incomplt rports in an attmpt to obtain th missing data. Unfortunatly, ths calls did not always rsult in additional information. Consquntly, th data st includs substantial missing data for som variabls. Bfor moving on to a discussion of what th data w collctd disclosd about th us and ffcts of impact munitions, a fw words of caution about on a spcific issu ar in ordr. In ordr to provid what w bliv is appropriat dtail, this rport mntions svral spcific impact munitions and projctil dlivry systms by nam. Nothing hrin should b takn as ithr an ndorsmnt or a criticism of any spcific projctil, dlivry systm, or manufactur of ths dvics. Th information on spcific products is offrd solly for th sak of clarity. Two Units of Analysis Analysis of th data movd along two sparat paths. Th first was an incidnt-basd analysis that tratd ach of th 373 incidnts whr officrs fird impact munitions as a sparat cas. Th scond was a munitions-basd analysis that tratd ach of th 969 projctils fird during ths 373 incidnts as a sparat cas. This analytical stratgy allowd us to xplor not only what occurs in incidnts whr officrs mploy impact munitions, but to also xamin th ffcts of ach projctil fird. Prsntation of what ths analyss disclosd bgins with a discussion of background information rgarding th 373 incidnts whr officrs fird impact munitions. FINDINGS Background Information on Incidnts Each of th mans w usd to inform th law nforcmnt community about th projct indicatd that w wishd to rciv rports about any and all of th incidnts whr mmbrs of thir agncy fird impact munitions sinc th tim thy addd ths projctils to thir forc invntory. Th arlist incidnt rportd occurrd in 1985, four othrs occurrd during th rmaining yars of th 1980s, 56 othrs occurrd during th first fiv yars of th 1990s, whil th rmaining 312 cass occurrd btwn 1995 and arly In ordr to gt som sns of th gographic location of th incidnts whr officrs mployd impact munitions, w groupd th 106 agncis that submittd rports into th following fiv rgions: Northast, Midwst, South, Wst, and Canada. 1 Th lion s shar of th cass rportd 70% occurrd in th Wstrn rgion of th U.S., nin prcnt (9%) occurrd in th South, fiv 1 Th rgional classification w usd is th sam on th FBI uss in its Uniform Crim Rports. To wit: Northast - Conncticut, Main, Massachustts, Nw Hampshir, Rhod Island, Vrmont, Nw Jrsy, Nw York, Pnnsylvania Midwst - Illinois, Indiana, Michigan, Ohio, Wisconsin, Iowa, Kansas, Minnsota, Missouri, Nbraska, North Dakota, South Dakota South - Dlawar, DC, Florida, Gorgia, Maryland, North Carolina, South Carolina, Virginia, Wst Virginia, Alabama, Kntucky, Mississippi, Tnnss, Arkansas, Louisiana, Oklahoma, Txas Wst - Arizona, Colorado Idaho, Montana, Nvada, Nw Mxico, Utah, Wyoming, Alaska, California, Hawaii, Orgon, Washington Lss Lthal Munitions Usag 6

8 prcnt (5%) in th Midwst, four prcnt (4%) in th Northast, whil th rmaining 12% occurrd in Canada. Anothr aspct of th contxt in which impact munitions ar usd is th typ of problm confronting th involvd officrs. Impact munitions hav rcivd a grat dal of attntion from law nforcmnt as a possibl mans of d-scalating numrous typs of violnt ncountrs, and thus minimizing injuris to both citizns and officrs (Ijams, 1995). As discussd abov, on of th mor problmatic typs of criss officrs hav bn calld upon to manag in rcnt yars ar thos involving armd EDPs who xhibit signs of suicidal intnt. Such vnts mak up th largst catgory of incidnts in th currnt data, accounting for narly half (N=181). Svnty (70) othr cass involvd armd individuals in opn placs who rfusd to comply with officrs' ordrs to surrndr, but did not appar to b suicidal (idntifid as opn air hncforth). In 48 othr cass, officrs fird impact projctils at non-suicidal subjcts who had barricadd thmslvs insid structurs or vhicls. 2 Among th 19 rmaining cass wr nin (9) hostag incidnts, two (2) civil disturbancs, 3 and an assortmnt of various and sundry othr sorts of situations. Fifty-fiv of th rports submittd did not indicat th typ of ncountr and follow-ups faild to provid this information. S Chart 1 for a graphic display of th prcntag distribution of incidnt typ. Chart 1 Typ of Encountr for 373 Incidnts 50 P r c n t Suicidal Barricadd Violnt Sub Othr Unknown Opn Air 2 Two dfinitional points should b notd hr. Th first is that in thos cass classifid as suicidal th subjct could b ithr barricadd or in th opn air. Thus, as implid in txt abov, th barricad and opn air classifications apply to cass that involv subjcts that do not xhibit signs of suicidal intnt. Th scond point is that th data includd som cass whos natur shiftd from th tim officrs arrivd to th tim thy mployd lss-lthal projctils. Cass wr classifid according to th natur of th situation at th tim that officrs fird impact munitions. Thus, for xampl, a cas that bgan as a hostag-taking incidnt, but changd to a barricad prior to officrs firing whn th hostag takr rlasd th hostag(s), would b classifid as a barricad. 3 Both of th civil disturbanc cass cam from Canada. W know through informal channls (.g., nws rports and discussions with involvd officrs) that officrs from svral US law nforcmnt agncis fird impact munitions during civil disturbancs on US soil in th rcnt past. Unfortunatly, non of ths agncis wr willing to participat in this study. Lss Lthal Munitions Usag 7

9 Subjcts Charactristics Socio-dmographic Profil Thr was substantial divrsity in th dmographic charactristics of th subjcts involvd in th cass includd in th currnt study. Among th 299 cass for which rspondnts providd information on subjcts ag, th youngst wr two 14 yar-olds, whil th ldst subjct fird upon was 83. Th man ag was just short of 34, th mdian was 33, whil th modal ag was 40 (N=16). To gt som gnral sns of subjcts ag, w groupd thm by 10 yar incrmnts, with as th low anchor point and 80+ as th high. As displayd in Chart 2 blow, th largst numbr of cass involvd subjcts in thir 30s (as on might hav suspctd givn knowldg of th man and mdian valus), followd by 20 yar-olds, and subjcts in thir 40s. Among th 315 cass whr th sx of th subjct was rportd, th vast majority of thm (291) involvd mal subjcts. Finally, among th 301 cass whr rspondnts includd information on th subjcts rac, 200 involvd whit subjcts. Hispanics (N=49) wr nxt, followd by blacks (N=40), Nativ Amricans (N=8), and Asians (N=4). Th Rac/Ethnic distribution of th subjcts is displayd in prcntag form in Chart 3 blow. Chart 2 Ag of Subjct in 373 Incidnts P r c n t Unk Ag Rangs Lss Lthal Munitions Usag 8

10 Chart 3 Subjct Rac for 373 Incidnts P r c n t Whit Black Hispanic Asian Nativ Amrican Unknown Subjcts Build W wishd to assss th rol that th morphology of individuals struck by impact munitions plays in th fficacy of such projctils for rsolving th problms that ld to thir us and in th dgr of injury sustaind by subjcts. W sought thr sparat points of information to dvlop a sns of subjcts builds. Th first two wr hight and wight, th third was th subjctiv assssmnt of th prson filling out th rport about whthr th subjct s build was thin, mdium, muscular, or havy. Unfortunatly, mor than half of th rports submittd did not includ an assssmnt of th subjct s build and only a fw of th follow-up phon calls producd th rlvant information. W ntrtaind th ida of attmpting to r-construct th missing build information for thos cass whr hight and wight wr providd by combining ths two pics of information. W abandond th ida whn a rviw of th hight, wight, and build information among th cass whr all thr points of data wr prsnt indicatd that w could not maningfully distinguish btwn builds basd on hight and wight paramtrs alon. In th nd thn, w wr lft with 176 cass whr rspondnts rportd th build of th subjct involvd: 24 thin, 78 mdium, 27 muscular, and 47 havy. This information is prsntd in Chart 4 blow. 4 4 Information on othr aspcts of th subjcts that officrs confrontd (.g., th clothing thy wor, dgr of intoxication, tc.) was missing from so many of th 373 cass that considration of ths factors would not shd any maningful light on th mattr at hand. Lss Lthal Munitions Usag 9

11 Chart 4 Build of Subjct in 373 Rports P r c n t Thin Md Musc Havy Unknown Build Subjcts Wapons Whr th wapons possssd by subjcts gos, w had substantially mor succss in gtting th information w sought, ntting this data in 306 of th 373 cass. A handful of ths 306 cass involvd subjcts who possssd multipl wapons. For simplicity s sak, w countd only th most dangrous wapon ths subjcts possssd. Thus, for xampl, a subjct who carrid a shotgun in on hand and a knif in th othr would b classifid as bing armd with a shotgun. As displayd in Chart 5 blow, narly 90% of th subjcts possssd at last on wapon during th confrontation whrin thy wr shot with impact munitions. By far th most popular wapons carrid wr cutting implmnts, such as swords, machts, knivs, and axs. Subjcts possssd dgd wapons such as ths in 50% of th cass for which wapons data was supplid. Subjcts possssd som sort of firarm in 29% of th cass, with handguns carrid most frquntly (N=64), followd by shotguns (N=15) and rifls (N=11). Subjcts wr armd with blunt instrumnts such as clubs, bats, and sticks in six prcnt (6%) of th cass, and miscllanous objcts such as rocks, bottls, and Molotov cocktails in anothr four prcnt (4%). Finally, subjcts carrid no wapons in 11% (N=35) cass. Lss Lthal Munitions Usag 10

12 Chart 5 Wapon Possssd by Subjct in 306 Incidnts P r c n t Edgd Wapon Pistol Rifl Shotgun Club Othr Non Projctils Fird Thr was a substantial rang in th numbr of munitions officrs fird and th numbr of projctils that struck thir targts: from 1 to 141 among th 316 cass for which data on th numbr of rounds dischargd was providd. As indicatd in Tabl 1 blow, th low numbr in th rang was th modal catgory, with officrs firing a singl round in 122 of th cass. Th tndncy for officrs to us fwr rathr than mor munitions is furthr vidncd in th final column in Tabl 1, which shows that fiv or fwr rounds wr xpndd in 93% of th cass and 10 or fwr in 98%. Tabl 1: Numbr of Impact Munitions Fird in 316 Cass Numbr Fird Frquncy Prcnt Cumulativ Prcnt Total Lss Lthal Munitions Usag 11

13 Projctil Impacts Rspondnts rportd on th numbr of rounds that struck thir intndd targt in 313 of th incidnts. As indicatd in Tabl 2, th numbr of hits pr cas rangd from non (in on cas) to 13 (in on othr). As was th cas with th numbr of projctils fird, th modal numbr of hits is on (N=135). And, as would b xpctd givn th knowldg that 10 or fwr rounds wr fird pr incidnt, th vast majority % -- of th subjcts wr struck by 10 or fwr projctils (and ovr 90% wr struck by four or fwr). Tabl 2: Numbr of Munitions Striking Subjcts in 313 Cass Numbr of Hits Frquncy Prcnt Cumulativ Prcnt Total With th forgoing information about th natur of th 373 incidnts in hand, attntion now turns to th analysis of th 969 sparat projctils fird across ths incidnts. It bgins with an ovrviw of th sorts of projctils that wr usd. Munitions Usd in th Currnt Study Rspondnts idntifid th typ of munitions usd in 962 of th 969 dischargs rportd in th study. This information indicats that officrs usd 21 diffrnt spcific typs of munitions. 12- gaug ban bag rounds wr by far th most commonly usd munitions among th 962 rounds idntifid, accounting for 623 (65%) of th projctils fird. 37mm plastic baton rounds (PBR s) 5 Th singl cas with no hits coms from an incidnt whr th subjct surrndrd aftr ach of two munitions fird at him missd thir mark. Examination of th rport narrativs indicatd that svral subjcts surrndrd in similar fashion whn follow-up rounds missd thm aftr thy had rfusd to giv-up whn th initial rounds fird struck thm. Lss Lthal Munitions Usag 12

14 mak up th scond most prvalnt class of impact munitions usd (N = 267). Th rmaining 69 munitions that rspondnts idntifid includd a varity of othr 12-gaug, 37mm, and 40mm projctils. Th thr spcific 12-gaug ban bag rounds most frquntly usd wr (in dscnding ordr) th Standard MK Ballistic Systms Flxibl Baton-12 (aka MK12S), th Dfns Tchnology DT23BR, and th Clos Rang MK Ballistic Systms Flxibl Baton 12 (aka MK12C). All thr of ths rounds consist of 2 squar cloth pillows filld with 40 grams of lad shot. According to manufacturs spcifications, th MK12S (i.., th Standard projctil) has a muzzl vlocity of 300 ft pr scond (fps), th DT23BR has a muzzl vlocity of 300 fps, and th MK12C has a muzzl vlocity of 230 fps (s Dfns Tchnologis, 1999 and MK Ballistic, 1995). Among 37mm PBR s, th Sag Control Ordnanc KO1 and th Royal Ordnanc AR 1 appard most frquntly in th currnt data. Photo 2 blow displays all thr of th abov-mntiond ban bag rounds. Photo 3 blow displays th KO1 PBR and th cartridg in which it is ncasd prior to firing. Chart 6 blow displays th prcntag distributions of projctils fird by spcific munitions typ, with thos usd in a handful of cass groupd togthr as othr (N= 89). Photo #2 12 ga. Ban Bag Impact Munitions MK Ballistic Systms-Clos rang (grn) MK Ballistic Systms-Standard (rd) Dfns Tchnologis #23BR (whit w/rd stitching) Photo #3 Sag Control Ordinanc, Inc. KO 1 Cartridg & Plastic Baton Round Lss Lthal Munitions Usag 13

15 Chart 6 Impact Munitions usd in 969 munition firings P r c n t KO1 KO1LE AR1 MK12S MK12C DT23BR Othr Unk KO 1 = Sag Control Ordnanc 37mm plastic baton KO 1LE = Sag Control Ordnanc 37mm plastic baton, Lss Enrgy load AR 1 = Royal Ordnanc ARWEN 37mm plastic baton MK12S = MK Ballistic Systms 12 gaug ban bag, Standard load MK12C = MK Ballistic Systms 12 gaug ban bag, Clos Rang load DT23BR = Dfns Tchnologis Inc. 12 gaug ban bag Othr = Various munitions with limitd numbrs of usag Distanc Btwn Officrs and Subjcts Th data collction instrumnt includd an itm that askd rspondnts to rport th approximat distanc (in ft) at which ach projctil was fird. Rspondnts rportd distancs for 822 of th 969 projctils fird. In th vast majority of cass ths distancs wr rportd with a singl numbr. Som rports, howvr, listd a rang within which th actual distanc would fall. In most of thss cass th rang indicatd was fiv ft (.g., ft), in svral othrs it was 10 ft, whil thr projctils wr rportdly fird btwn 45 and 60 ft away from th subjct. In all cass whr a rang rathr than a singl numbr was rportd, w ntrd th avrag of th two numbrs as th distanc at which th projctil in qustion was fird. Thus, for xampl, w ntrd 53 ft for ach of th thr munitions that wr rportd as having bn fird from btwn 45 and 60 ft. Th closst rportd distanc btwn officr and subjct at tim of firing was two (2) ft (in two cass), whil th farthst was 96 ft (in four cass). For simplicity s sak, th rmaindr of th information about distancs will b prsntd in 10 foot incrmnts. As indicatd in Chart 7, th largst numbr of projctils (38%) wr fird from 10 to 19 ft away from th subjct. As distanc incrass, th proportion of cass in ach distanc incrmnt dcrass; 25% of th projctils wr fird from th foot rang, 19% btwn 30 and 39 ft, svn prcnt (7%) btwn 40 and 49 ft, and fiv prcnt (5%) from distancs of 50 ft or mor. 6 6 Fourtn rounds wr fird in th foot rang, svn (7) in th 60s, 11 in th 70s, 0 in th 80s, and 11 in th 90s. Lss Lthal Munitions Usag 14

16 Chart 7 Distanc to subjct in 822 munition firings P r c n t Rang in ft Body Ara Struck by Projctils Rspondnts wr askd to indicat whr on th subjct s body ach projctil that hit its intndd targt landd. Thos that did not strik th subjct wr rportd as misss and hits wr rportd by placing marks on th figurs in th lowr right cornr of th data collction instrumnt. Ths marks wr thn groupd into th following catgoris for data ntry: Had (includs fac), Nck (includs throat), Chst, Back, Arm (includs shouldr and hand), Abdomn, Lg (includs hip), Groin, and Buttocks Rspondnts providd information about whthr and whr 867 of th 969 projctils fird struck subjcts. 7 Svn-hundrd ninty-svn of ths 867 projctils -- 92% -- impactd th subjct at whom thy wr fird; th othr 70 rounds missd. Th singl ara of subjcts bodis struck most oftn was th abdomn, as 34% of all projctils that wr known to hav struck subjcts impactd this ara. Four othr aras accountd for at last 10% of th striks, with th chst (19%) lading th way, followd by th lgs (15%), arms (14%), and back (11%). Th rmaindr of th rounds 7 On problm that prsntd it slf in this aspct of data collction concrns cass whr officrs fird multipl rounds at a givn subjct. If mor than on typ of munitions was usd and th subjct was struck in mor than on plac on his or hr body in such cass, officrs would hav a hard tim dtrmining which projctil impactd whr. This problm contributd to th scop of th missing data for this variabl. Lss Lthal Munitions Usag 15

17 known to hav hit struck subjcts on thir buttocks (4%), had (2%), groin (1%) and nck (1%). 8 Th figurs for th location of impact munitions striks ar prsntd in Tabl 3 blow. Tabl 3: Ara of Body Struck by 797 Projctils That Hit Subjcts Ara Struck Frquncy Prcnt Cumulativ Prcnt Abdomn Chst Back Groin Lg Arm Buttocks Had Nck Total Injuris Sustaind by Subjcts Rspondnts rportd on th injuris causd by 782 of th munitions that impactd subjcts. As indicatd by th figurs prsntd in Tabl 4, bruiss wr by far th most common injury subjcts sustaind, occurring in 51% of th munitions striks. Anothr 31% of th munitions causd abrasions, 6% lacratd subjcts skin, 4% ld to fracturd bons, 2% pntratd subjcts skin, 1% ld to th dath of th subjct (s discussion blow), whil 6% of th munitions that struck subjcts causd no physical injury. 9 Bfor prssing on, on important not must b statd. Th numbr of daths in Tabl 4 blow includ two fatalitis that wr causd by lthal rounds that officrs mistankly fird during ncountrs whr officrs intndd to lss-lthal munitions. Ths two cass ar xcludd in subsqunt tabls. Tabl 4: Injury Sustaind by Subjcts from 782 Projctil Impacts Injury Sustaind Frquncy Prcnt Cumulativ Prcnt Bruis Abrasion Lacration Fractur Pntration Dath Non Total On of th crucial issus in impact munitions concrns th rlationship btwn th distanc at which projctils ar fird and th dgr of injury that subjcts sustain. As with traditional law 8 Adds to 101% du to rounding rror 9 Rspondnts rportd that fiv (5) of th projctils that causd no injury did, howvr, produc pain. Lss Lthal Munitions Usag 16

18 nforcmnt impact wapons, impact munitions rly on kintic nrgy 10 to produc th lvl of forc dsird to ovrcom rsistanc or gain th complianc of a non-compliant subjct. Th fastr a polic baton is swung, for xampl, th gratr potntial of injury to th impactd targt. Th sam physical rality applis to impact munitions, albit in a diffrnt domain. Onc impact munitions ar fird, thy quickly rach thir maximum vlocity, thn start to loos vlocity as thy travl to th targt. Th shortr th distanc from muzzl to targt, th gratr th vlocity of th projctil upon impact. Th gratr th vlocity, th gratr th amount of kintic nrgy dlivrd to th impactd targt. As th amount of kintic nrgy incrass, so too dos th potntial for injury. Convrsly, as th distanc from muzzl to targt incrass, kintic nrgy and injury potntial dcrass. In ordr to gt som sns of what th data w collctd showd about th rlationship btwn distanc and injury, w xamind th injuris subjcts suffrd from projctils fird at diffrnt distancs. Tabl 5 blow cross-classifis th svn injury classifications w usd by th six incrmnts of distanc w prviously prsntd (i.., 10 foot incrmnts to 49 ft, and 50 or mor ft) for th 655 impacts for which rspondnts providd information on both distanc and injury. Tabl 5: Cross-Classification of Distanc and Injury for 655 Munitions Impacts Injury Sustaind Distanc Bruis Abrasion Lacration Fractur Pntration Dath Non Total Blow 10 ft ft ft ft ft ft plus Total A look at th first two columns of Tabl 5 indicats that th vast majority of injuris sustaind from all distancs consist of bruiss and abrasions. Indd, mor than 70% of th cass at ach distanc incrmnt includ wounds of on of ths two typs. Anothr point of intrst concrns projctils fird from lss than 10 ft from subjcts. Almost 10% of th impacts from this distanc producd brokn bons, by far th highst fractur rat across th svral distancs considrd. Anothr point of intrst is that all six of th fatalitis in th tabl cam from projctils that wr fird from lss than 30 ft. Rspondnts did not provid distanc information for th othr two cass that rsultd in subjct s dath, unfortunatly, so w can not say whthr subjcts ar mor likly to sustain fatal injuris whn impactd from within 30 ft as compard to whn thy ar struck by projctils fird from gratr distancs. A scond important mattr whr possibl corrlats of injury ar concrnd is th ara of th body whr munitions impact. Manufacturrs litratur and impact munitions training programs typically advis officrs to dirct thir aim towards crtain aras (.g., xtrmitis and largr muscl aras) and away from othrs (.g., had, nck, spin, livr and kidny aras) basd on th 10 Kintic nrgy is th nrgy possssd by a body (projctil) bcaus of its motion, qual to on half th mass of th body tims th squar of its spd. Lss Lthal Munitions Usag 17

19 assumption that mor srious injuris ar mor likly to occur whn subjcts ar struck in th formr aras. (Dfns Tchnologis Corp. of Amrica product data sht, 1999; California Association of Tactical Officrs Training Manual, 1998). To shd som mpirical light on this mattr, w conductd additional analyss that xamind th injuris that subjcts sustaind whn struck in spcific aras of thir bodis. Tabl 6 blow cross-classifis ach of th nin body aras w utilizd by th svn typs of injuris w considrd (including no injury) for th 768 munitions impacts for which rspondnts providd data on both ara impactd and injury sustaind. Tabl 6: Cross-Classification of Ara Struck and Injury Sustaind for 768 Munitions Impacts Injury Sustaind Ara Hit Bruis Abrasion Lacration Fractur Pntration Dath Non Total Abdomn Chst Back Groin Lg Arm Buttocks Had Nck Total Two points stand out in Tabl 6. Th first is that impacts to th had tnd to produc a gratr proportion of srious injuris than impacts to any othr ara of th body, with 14 of 19 had impacts causing ithr a lacration, a fractur, or a pntrating wound. Th scond point is that fiv of th six fatalitis for which w hav clar information on th body ara impactd, wr du to projctils that struck subjcts in th chst. In th two othr fatalitis that wr causd by impact munitions, th subjcts wr hit by multipl rounds that struck diffrnt aras of thir bodis. Bcaus it was not possibl to conclusivly attribut ithr of ths daths to a projctil strik on a spcific body ara, nithr of ths cass was includd in Tabl 6. Summaris of all cass in which subjcts did, including th two causd by miss-loadd lthal rounds, ar prsntd blow, bginning with th singl dath stmming from a nck impact W also xamind injury pattrns in trms of othr variabls, such as th typ of clothing th subjct was waring and munitions typ. Such analyss did not produc much notabl fruit (du to factors such as no clar pattrns whr clothing is concrnd and small N s for som typs of munitions). W also groupd injury typ in a varity of configurations and stimatd a varity of multivariat modls in an attmpt to isolat th indpndnt ffcts of spcific factors. For xampl, w classifid dath, pntration, and fracturs as srious and all othr injuris as not srious for logit modling and craftd an ordinal injury masur with no injury at th bottom and fatality at th top for us in OLS modling. Ths attmpts at multivariat modling also yildd littl fruit, as th numbr of missing cass grw substantially as w addd prdictors to th modls. Lss Lthal Munitions Usag 18

20 Synopsis of Daths Th sampl of cass in th currnt study includd all known daths attributd to th us of impact munitions (or in th two cass involving of th miss-loads, th us of what officrs thought wr impact munitions) in North Amrica as of May 30 th, A 42-yar-old mal who stood approximatly 5 10 and wighd approximatly 165 lbs ngagd in an altrcation with svral officrs. Aftr th officrs had usd an lctronic TASER 22 tims with no ffct, thy fird svral 37mm foam rubbr and 37mm ban bag rounds at th subjct (a total of 13 combind). On ban bag struck th subjct in th throat. H did wks latr as a rsult of th impact to th throat. (Control # 96) 2. A 60 yar-old mal (5 4, 160 lb.) was struck thr tims with ARWEN AR1 37mm PBR s from approximatly 10 ft; onc in his lft arm, and twic in his chst. On of rounds impacting th subjct s chst fracturd a rib, a portion of which pntratd his hart and on of his lungs. (Control # 70) 3. A 61 yar-old fmal (5 4, 110 lbs.) was struck onc in th chst with an ARWEN AR1 PBR round from approximatly 9 ft. Th impact fracturd a rib, which pntratd th subjct s hart and on of hr lungs. (Control # 87) 4. A 34-yar-old mal (hight and wight unknown) was struck twic in th chst with 12 gaug ban bags from approximatly 21 ft. On of th ban bags brok two ribs, pntratd his chst cavity, and lodgd in his hart. (Control # 131) 5. A 29-yar-old mal (hight and wight unknown) was struck with fiv (5) 12 gaug ban bags from ft. Th last round, fird from approximatly 26 ft, pntratd his chst and puncturd on of his lungs. (Control # 286) 6. A 68 yar-old mal who wighd som 270 lbs was struck by a total of mor than 100 KO1 plastic batons, foam rubbr, wood, and ban bag munitions from a distanc lss than 20 ft. H succumbd to th injuris 18 months latr. (Control # 383) 7. A 22-yar-old mal who stood approximatly six ft tall and wighd approximatly 200 lbs was struck on tim in th chst with a 12 gaug ban bag round from a distanc of 21 ft. Whil, th official caus of dath was still pnding at tim of this rport, th cas is includd for th sak of thoroughnss. (Control # 408) 8. A 30-yar-old mal (approximatly 5 9, 257 lbs.) was struck svral tims in th had, nck, and chst with KO1 PBR s. Th autopsy rport idntifid th caus of dath as blood clots du to blunt trauma to th had, coupld with rspiratory distrss from chmical agnt (CS) xposur. (Control # 256) 12 Th litratur includs a rfrnc to th 1971 dath of a citizn at th hands of th polic that was causd by on or mor striks by impact munitions. Bcaus w could not vrify any dtails about this incidnt, it is not includd in th currnt study. Lss Lthal Munitions Usag 19

21 9. A 42-yar-old mal did aftr bing struck in th chst whn a lthal 12 gaug door-braching round that was loadd by an officr who blivd that th shotgun shll in qustion containd a ban bag projctil. (Control # 37) 10. An 18-yar-old mal was accidntally killd whn h was struck in th chst by a 12 gaug barricad pntrating OC projctil that was miss-loadd in plac of a ban bag projctil. (Control # 257) Lthal Forc In addition to th subjcts who did from wounds incurrd via impact munitions (or what wr initially blivd to b impact munitions), svral othr subjcts includd in this study did from lthal rounds that officrs intntionally fird whn th impact munitions provd inffctiv. W did not spcifically sk information on th us of lthal forc in th study, but our rviw of th cas narrativs disclosd 26 cass whr rspondnts rportd that officrs usd dadly forc aftr th application of impact munitions faild to bring th incidnt to a lss unfortunat nd. Bcaus w did not sk information on th us of dadly forc, it is possibl that it was usd in mor than th 26 cass w idntifid. Basd on th natur of th rports offrd in th narrativs, howvr, w suspct that th 26 cass constitut all of th cass in th sampl whr dadly forc was usd. Whatvr th cas might b, it is clar that officrs ultimatly usd dadly forc to rsolv at last 7% of th cass whr thy fird impact munitions at subjcts. CONCLUSIONS That impact munitions do not always succd in accomplishing thir intndd goal of rsolving violnt and potntially violnt polic-citizn ncountrs short of dadly forc indicats that ths law nforcmnt tools ar not a panaca. Impact munitions ar not 100% ffctiv in rsolving th crisis situations in which thy ar mployd. Polic officrs who dcid to dploy wapons containing such projctils during confrontations with dangrous subjcts nd to nsur that thy hav additional forc options, to includ lthal forc, radily availabl. This would facilitat in protcting thmslvs and othr innocnts in cas th impact munitions do not hav thir intndd ffct. Th sub 100% ffctivnss, combind with th ight daths attributabl to impact munitions, suggsts a scond conclusion: Th on-going sarch for ffctiv lss-lthal wapons for law nforcmnt us should continu apac. In th rcnt past, som nxt gnration impact projctils and dlivry systms hav bcom availabl to Amrican law nforcmnt. Ths includ nw typs of ban bag projctils, 40mm spong rounds, and th Pppr-Ball systm. Th Jaycor Pppr-Ball systm, which is displayd in Photo #4, consists of a modifid rcrational paintball launchr configurd to fir projctils containing OC powdr that ar dsignd to ruptur upon impact, dlivring a blow to th subjct and disprsing th chmical irritant on and around his or hr body. On of th nw ban bag dsigns is th Combind Tactical Systms (CTS) Supr Sock round. Th CTS 12 gaug ban bag consists of a fabric bag filld with 42 grams of lad shot Lss Lthal Munitions Usag 20

22 and tid off in th middl to contain th lad shot (s Photo #5). Whr so calld spong rounds go, Dfns Tchnologis Exact Impact round is rciving considrabl attntion from law nforcmnt. This 40mm projctil is mad from high-dnsity spong matrial and appars to dlivr two vry important rquirmnts, long-rang accuracy and consistncy. (s Photo #5). Photo #4 Jaycor Pppr-Ball Systm Photo #5 Combind Tactical Systms 12 ga. Supr-Sock (shll at top and projctil in middl) and Dfns Tchnologis Exact Impact 40mm round. Indpndnt tsts conductd by mmbrs of th San Digo Polic Dpartmnt and National Tactical Officrs Association. (NTOA) indicat that both th Supr Sock and Exact Impact rounds ar mor accurat than othr 12 gaug and 37/40mm projctils, rspctivly. Unfortunatly, th currnt study can not offr any usful information about how ths nxt gnration munitions prform in th fild bcaus thy hav only rcntly com on lin. Fortunatly, th currnt study did dvlop nough information to draw svral othr conclusions about th usag and ffcts of impact munitions. To wit: 1) Impact munitions ar saf as masurd against th liklihood of fatal injury whn officrs shoot citizns with lthal munitions. Rsarch indicats that in rcnt yars almost half of th of th citizns shot with standard polic ammunition succumb to thir wounds (.g., Hutson t al., 1998; Gllr and Scott, 1992) 13. With just ight daths attributabl to (actual) impact munitions in 372 cass whr at last on projctil found its intndd mark, it is clar that impact munitions rarly produc fatal injuris. As notd abov, th currnt data includs all known 13 Hutson t al. provids th most xpansiv rcnt information on fatality rats. Thy rport that 46% of th subjcts struck by standard ammunition fird by Los Angls County law nforcmnt officrs (xcpt thos mployd by th LAPD) during th 11 yar priod nding in 1997 did as a rsult of thir wounds. Gllr and Scott (1992:97-100) rport a broad rang of fatality rats -- from 18% to 88% -- in officr-involvd shootings across svral othr jurisdictions and tim priods. Lss Lthal Munitions Usag 21

23 daths in North Amrica causd dirctly by impact munitions striks as of May 2000, but no whr nar th ntir population of cass whr officrs shot citizns with impact munitions up to that dat. Consquntly, th prcntag of cass whr citizns struck by impact munitions di is substantially lowr than th 2.2% figur yildd from th prsnt data. In sum, th liklihood of dath from bing shot by impact munitions is xtrmly low, particularly whn considrd against th altrnativ of bing shot by standard polic ammunition. 2) Impact munitions ar ffctiv as masurd by th standard of rsolving high-risk ncountrs without having to rsort to dadly forc. In th currnt data, 93% of th incidnts invstigatd wr rsolvd with no lthal rounds fird. 3) Training in th propr us of impact munitions is critical. That two citizns did bcaus law nforcmnt officrs shot thm with lthal ammunition that was mistaknly loadd into shotguns indicats that officrs must b traind to b crtain that th projctils thy ar about to fir in circumstancs whr dadly forc is not appropriat ar indd impact munitions. 4) Impact munitions should b clarly idntifiabl. Rviws of th two cass whr citizns wr mistaknly shot with lthal rounds indicatd that th shotgun shlls carrying th particular rounds involvd ar quit similar in apparanc to th shotgun shlls that contain th spcific impact munitions fildd by th agncis in qustion. This information clarly suggsts that th liklihood of accidntal dath du to miss-loading could b rducd by making impact munitions mor clarly idntifiabl. Currntly, numrous sorts of lthal projctils ar nsconcd in shlls that look vry similar to thos containing som typs of impact munitions. Impact munitions dvloprs and manufacturs hav historically bn vry rcptiv to law nforcmnt s nds and rcommndations. Prhaps industry standard markings or coloring could b stablishd to mt th nd to avoid accidntal daths du to miss-load. 5) Impact munitions can sav livs. Dadly forc could rasonably hav bn usd in narly all of th incidnts involving subjcts armd with dadly wapons (narly 90% of th cass) had impact munitions not bn availabl. Bcaus lthal forc was indd usd in just 26 of ths cass it is clar that impact munitions playd an important rol in bringing many potntially fatal polic-citizn ncountrs to a mor dsirabl rsolution. 6) Law nforcmnt agncis should b mor activ in collcting dtaild and accurat information rlating to th dploymnt of nwr typs of us-of-forc tools such as impact munitions. Many agncis contactd in this study, collctd vry littl or could not radily accss data for th us of impact munitions by mmbrs of thir agncis. Many law nforcmnt agncis wr unwilling to voluntarily participat in this study. On such agncy is prhaps th largst usr of impact munitions on citizn, but uppr administrators dclind thir agncis participation. Finally, th currnt study offrs but th first larg-scal mpirical glimps at impact munitions usag in Amrican law nforcmnt. Whil w wr abl to collct information on a larg numbr of cass, many agncis that us impact munitions did not participat in this study and many of th rports submittd by th agncis that did wr incomplt. Ths two factors limitd th scop of th Lss Lthal Munitions Usag 22

24 currnt rsarch. Hopfully, futur rsarch will b abl to collct mor comprhnsiv data and thus shd vn gratr light on th us and ffcts of impact munitions. REFERENCES: Bittnr, Egon Aspcts of Polic Work. Boston: Northastrn Univrsity Prss. Dfns Tchnologis Corp. of Amrica 1999 Product Data Sht Hutson, H. Rang, Dird Anglin, John Yarborough, Kimbrly Hardaway, Mari Russll, Jard Strot, Michal Cantr, and Bnntt Blum Suicid by cop. Annals of Emrgncy Mdicin, 32: Gllr, William A. and Michal S. Scott Dadly Forc: What W Know. Washington, DC Polic Excutiv Rsarch Forum. Ijams, Stv Concpts and considrations in th d-scalation philosophy. Th Tactical Edg, Summr: MK Ballistic Systms 1995 Product Data Sht Lss Lthal Munitions Usag 23

25 APPENDIX 1. DATA COLLECTION INSTRUMENT Lss Lthal Munitions Rport Form Agncy Addrss Contact Prson Phon Fax Agncy Siz Circl Agncy Typ Circl Municipal Shriff Stat Fdral Othr Dat of incidnt Tim Startd Tim Endd Incidnt Typ Circl Civil Disturbanc, Suicidal Susp. Violnt Susp. Barricad, Warrant Srv. Hostag Inc. Othr Suspct s Nam Suspct s Wapon(s) Ag Sx Hight Wight Rac Build Hvy Musc Md Thin Suspct Waring Havy Clothing? Y/N Dscrib Suspct s Clothing # Lss Lthal Rounds Fird # Lss Lthal Rounds Hit Copy of Incidnt Rport Attachd Y/N Mdical Exam. Y/N Admittd to Hospital Y/N Admittd to Hospital for Psychiatric Y/N Diagram of Scn Attachd Y/N Photos of Injuris Attachd Y/N Suspct undr influnc of Drugs or Alcohol Y/N Ammo usd, Ara hit, Distanc fird, Injuris & Effctivnss Exampls: #1 #2 #3 #4 #5 #6 #1 MK 12 Clos Rang Arm 20 ft Lacration No Effct #2 KO1LE Stomach 40 ft Bruis Gaind Attntion #3 MK 12 Standard Back 30 ft Abrasion Gaind Complianc Additional LL rounds fird listd on back of form Y/N Synopsis of Incidnt Continud on Back Y/N Snd to Calif. Assn. of Tactical Officrs, Kn Hubbs PO Box San Digo, CA Rv. 6/98 Lss Lthal Munitions Usag 24

QUANTITATIVE METHODS CLASSES WEEK SEVEN

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