Honolulu Police Department reviewing vascular neck restraint policy in wake of Minneapolis

A submission hold known as a “vascular neck restraint” used by Honolulu police officers was halted pending a review of the department’s use-of-force policy, Police Chief Susan Ballard said Monday.

Ballard, at a teleconference press availability, acknowledged that the suspension of the submission hold and the review of the overall use-of-force policy was in response to events prompted by the death of George Floyd as he was being restrained with the knee of a Minneapolis police officer against his neck. The Minneapolis police officer has been charged with second-degree murder, and three other officers with aiding and abetting. All four were fired the day after Floyd, a handcuffed black man, died May 25 after the white police officer kept his knee pressed into his neck for several minutes even after Floyd stopped moving and pleading for air.

“Yes, this is an impetus for us to take a look at it to see if it’s something we still need,” Ballard said.

Police departments across the U.S. have either already changed or are reviewing their use-of-force policies in the wake of the Minneapolis incident.

The vascular neck restraint “is not a chokehold, it is not an arm bar; it is actually a judo or martial arts technique that has been around for quite a while,” the chief said. The move is taught to all recruits but is rarely used, she said.

“I think last year it was used about five different times — considering the number of use of forces we have, that’s a very minimal number,” Ballard said. “But that being said, because it is a very precise movement, and usually if your adrenaline is going, it may not be the most appropriate thing.”

The 27-page HPD policy on use of force was last given a complete review five years ago, although there may have been portions changed in the interim. “I think it’s time because we’ve got new tools,” she said. “We’ve got the body-worn cameras, we have the Tazers. With all these new tools, we need to make sure that our policy and our continuum is still … within the appropriate, what the best practices are.”

The policy allows for a vascular neck restraint move as one of the last resorts when confronted with the need to use force, Ballard said, and it’s been part of the policy that’s taught to recruits in training since she first began at the department.

“I chose to (suspend) VNR at this time because of what happened,” the chief said. HPD has not had a problem with the procedure; “we’ve, knock on wood, not had any issues with it … but my question is now, as the chief, How often are we training on it? This is a very precise act. How much are we doing training? Are the officers really proficient enough to be able to use it the way it should be used?”

The use of that move is now under review by a committee, and Ballard said she expects a recommendation will be made in about a month. An HPD official later clarified that the committee is made up of different members of the department with various backgrounds and training.

She said she hesitated suspending the use of the hold “because I don’t like taking away things from the officer that may help them on the road, but I felt that it was important to review our use-of-force policy before we continue on.”

Ballard was asked why portions of the VNR section of the use-of-force policy are redacted on the HPD website.

That’s “because they are techniques that we chose to redact,” she said, noting that other law enforcement agencies, including the state sheriff’s office, are more heavily redacted.

But even the redactions will be under review, and she said she expects “you’ll see less redactions.”

Officers are taught in recruit school a series of use-of-force moves they are allowed to use when confronted with a serious situation, from the use of pepper spray to batons to deadly force, Ballard said.

Any use of excessive force is unacceptable, Ballard said. “What happened to Mr. Floyd is tragic, it’s criminal and it should’ve never happened. At any time, excessive use of force — regardless what the race is (of the person) it’s being used against — is wrong.”

She added, “We’re not perfect, and we would hope that we’re able to find those officers who don’t deserve to wear the badge before something like this happens. We’re not infallible, but I think we do a pretty darn good job.”

Ballard said that since she took over as chief last year, the department has instituted training to ensure officers understand that they have “a duty to intervene when something happens.”

Officers are not allowed to intentionally kneel on anyone’s neck, she said. “Obviously, if there’s a fight that’s ensuing and they end up that way, then they immediately readjust without having to continue in that position.”

Officers are trained to place a knee on someone’s back when being handcuffed but are expected to sit the person up once the cuffs are on, Ballard said.

Ballard also addressed the issue of defunding police departments, an issue being raised in many cities in the wake of Floyd’s death in Minneapolis.

The chief said she is opposed to defunding HPD because its officers are being asked to take on social service duties due largely to a shortage of social service workers, and because the department is already hurting when it comes to keeping track with staff shortages.

Ballard said she was pleased with the handling of large-scale Black Lives Matter protests on Oahu over the weekend. Hawaii is different, she said. “We saw the officers there protecting the right of those folks to peaceably protest.”