Swatting SWAT
By Earl Ofari Hutchinson

The instant that LAPD chief William Bratton called for a fresh look at the practices and gender make-up of SWAT in 2005, the howls went up from the LAPD Police Protective League, and the reflexive opponents of any LAPD change that Bratton was out to gut SWAT. This was silly, hyper-defensive, and politically motivated. Bratton was hardly out to dampen down the effectiveness of SWAT. The unit has had a solid record in handling tough situations with tact, professionalism, and most importantly a relative minimum loss of life.

The problem is that SWAT has made glaring operational mistakes in some very volatile situations. The equally big problem is that SWAT simply does not reflect the changing face and gender of the LAPD. The department in its blunt report dissecting SWAT said so. It called it insular, a good ole boy, and self-protective unit. Translated that means the unit is an iron-clad closed shop outfit, that brooks no outside interference, direction, and has doggedly resisted the entrance into SWAT of any other than hand-picked, elite male officers. This is a sure fire prescription to reinforce the clubby “them versus us” mindset and code of silence that has bedeviled the LAPD for decades.
This is the mindset that Bratton has sworn that he will do whatever he can to end during his second term at the LAPD helm.
But judging from the horrified reaction to the report and the changes that it recommended to break down the insular culture of SWAT, Bratton will have his work cut out for him on this. He’ll have an even tougher job in trying to make operational changes, or better still policy changes, on the thorny issue of the use of force. While SWAT has been lauded for handling most stand-off situations without resort to gunplay, on a few occasions when it has used force the result has been disastrous.

The most glaring and tormenting example of this was the accidental slaying of 19 month old Susie Pena, in a South L.A. hostage standoff in 2005. That forced a deep soul search within the department and within SWAT on when and when not to use force, and how much force is appropriate in tense situations. It also forced the LAPD top brass and the police commission to look at something else about SWAT. And that is when force may be inappropriate, or flat out overkill, in a situation where innocent civilians are injured or slain as a result. The question is how accountable are SWAT commanders and officers for the killing, and what if any punishment is meted out when a shooting is ruled out of policy.

The report found that in almost all cases where there was the questionable use of force by SWAT, the shooting was not found out of policy. The couple of times that the shootings were ruled out of policy there was no indication what, if any punishment there was to the shooters?

This is no small point. This begs for a policy change and that change is that the department must establish clear and firm guidelines on when an officer, in this case a SWAT officer, can and can't use deadly force. The vague rule is that an officer can use deadly force when he or she feels their life is endangered. What does that really mean?

That's the first step to confronting this problem. The second is discipline. A chief must have full authority to punish an officer found guilty of using excessive force. That includes SWAT officers. This too must be addressed and changed.
The overuse of excessive force is still the single biggest thing that poisons relations between the police and minority communities. It has sparked deadly racial turmoil and civil unrest in Los Angeles and other cities.

Bratton should be applauded, not stoned, for having the foresight to examine all parts of the LAPD to see what works, what doesn’t work, and where appropriate changes can be made to make those parts work even better.

No one is condemning SWAT for the way it handles things, nor is anyone calling it an out of control bunch of Cowboys. It has repeatedly been praised for getting it right most of the time. However, it’s those times when it doesn’t that the report simply says demands some change. After all we all want to see SWAT be the absolute best that it can be. Don’t we?