Use of vehicle-stopping device poses questions from police reform monitor

While discussing auto theft numbers earlier this month, the Albuquerque Police Department touted a new crime-fighting tool: the Grappler Police Bumper, a device used to stop fleeing vehicles with the intent of avoiding unnecessary pursuits and crashes.

The Grappler unfolds a net from the officer’s vehicle, which is then nudged into the tire, wrapping around it and creating a tether. It is one of several technologies marketed by private companies and used by APD.

But the device’s use in January led to a stolen truck flipping over — briefly sending two people to the hospital — and sparked a disagreement between those monitoring police reforms and the department on whether it constitutes a use of force.

Independent Monitor James Ginger in his latest report said, “launching a tethering device at the moving wheels of a vehicle traveling on a roadway to halt the vehicle is a use of force.”

“This is especially evident when the vehicle’s movement is interrupted by the employment of such a device, and this interruption plays a role in causing the injuries of the vehicle’s occupants,” according to the report.

Ginger found that APD’s determination that any crash or injuries happening after the device’s use is the fault of the driver “is not appropriate.”

The findings came out in a report that found APD had reached 94% operational compliance in its Court-Approved Settlement Agreement with the Department of Justice.

The monitoring team did not count its assessment of the Grappler usage as a strike against APD’s reform, however, “due to the novelty of the system and the conscientiousness of APD personnel to report the incident.”

APD spokesman Gilbert Gallegos said an officer’s use of the Grappler is not currently considered a use of force but noted, as Ginger does in his report, that the technology is new.

“APD is assessing any issues that arise as a result of its use,” Gallegos said. “... We will review the policy and consider those concerns to determine if the policy needs to be changed.”

During a recent news conference, Cmdr. Aaron Jones touted the Grappler as a way “to apprehend auto theft offenders who are likely to flee from us and prevent dangerous vehicle pursuits.”

“We don’t pursue stolen vehicles. That’s not something that we do with our pursuit policy. But this allows us to apprehend them in a safe manner to where they can’t leave,” he said, showing a video of an officer stopping a stolen SUV with a Grappler.

APD policy states that the Grappler can only be used by those who have been trained to use it, and they need authorization from a Grappler-certified supervisor to deploy it.

The Grappler’s use is authorized when trying to detain someone who is fleeing authorities, has committed auto theft or a number of violent crimes such as homicide, rape or and kidnapping, according to APD policy. The Grappler should not be used on large vehicles like moving trucks or RVs, in areas with heavy pedestrian traffic and on vehicles transporting hazardous material.

Gallegos said APD currently has five Grappler devices, which cost $6,000 each. He said it costs $600 to replace the net after each use, and officers have used the devices 30 times.

Gallegos said the incident cited in the monitor’s report was the only instance in which the use of the Grappler resulted in injuries.

Both those injured in that Jan. 19 incident were treated at a hospital and booked into jail a day later on auto theft charges.

Lapel video of the incident showed an officer use the Grappler, but the truck flipping isn’t caught on video. The officer gets out of his vehicle with his gun drawn, and the stolen truck can be seen on its side.

The Grappler’s tether is visible leading from the stolen truck to the officer’s vehicle. Police give the man and woman commands until detaining both.

Afterward, police survey the damage.

“Jesus, it locked his tire up and he hit that curb,” the officer who used the Grappler told another. “He punched it as soon as I got behind him, and he went sideways and hit that curb.”