Black residents experienced disproportionate use of force by Modesto police over past decade

Over the past decade, the Modesto Police Department has used force against Black individuals at a rate of more than four times greater than their population, according to police data.

While Blacks averaged 4% of the population, they made up nearly 17% of use-of-force cases committed by MPD since 2013.

In the most disproportionate year in the past decade, 2018, Black people accounted for over 22% of all use-of-force incidents — over five times their representation.

Use of force is defined by MPD as “the application of physical techniques or tactics, chemical agents or weapons to another person.”

“Reporting on disproportionate uses of force against people of color makes clear what communities of color across California and the country have long known. Police violence is a tool of racial oppression,” said Avi Frey, deputy director of the criminal justice program at the ACLU of Northern California, in a written statement to The Bee.

Assessing data for bias ‘a very complex issue,’ chief says

Modesto Police Chief Brandon Gillespie argued the data is out of context and does not provide enough specifics to draw conclusions from. In response to the ACLU’s comment, Gillespie said data presented in this way would “leave our community with unjustified feelings of bias.”

“I would say that assessing use of force and whether there’s bias behind it is a very complex issue,” Gillespie said. “Presenting information, a simple comparison, like population versus use-of-force statistics, is a very dangerous and potentially reckless thing to do in our community because it can stoke fear, and in this case, in the Black population, needlessly.”

Although Hispanic and white populations in Modesto make up the majority of use-of-force cases, their percentages are nearly proportional, or positively disproportionate, to their respective population size. For Black people, it was consistently disproportionate.

The chief said arrest data rather than population data highlights more appropriate comparisons when evaluating police bias. However, even with this shift, the disparity persists, albeit to a lesser extent.

MPD has arrest demographic records for only 2014 to 2022. Across those years, Black individuals continued to experience disproportionate levels of use of force.

The only year in which whites experienced negative disproportionate levels was in 2016.

In every year from 2014 to 2022, a Black person arrested in Modesto had a higher chance of experiencing use of force than a white person who was arrested.

Modesto NAACP head says more analysis needed

According to a 2016 report released by the Center for Policing Equity, both arrest and population demographics were used as benchmarks to analyze use-of-force incidents.

The study revealed that the average use-of-force rate for Black residents nationwide was 273 per 100,000 individuals, which is 3.6 times greater than the rate for white residents (76 per 100,000) and 2.5 times higher than the overall rate of 108 per 100,000 for all residents.

Among those arrested, the average rate of use of force against Black individuals was 46 per 1,000 arrests, compared to 36 per 1,000 for whites.

Wendy Byrd, president of the NAACP of Modesto-Stanislaus, said further analysis of the data is warranted and called for more investment in technology, accountability and community engagement “to eliminate all acts of ‘unnecessary’ use of force.”

“We are very interested in figuring out why this is happening but more importantly what needs to be done to fix it,” Byrd said in her statement to The Bee.

Gillespie also said he thinks the department should look more into its data. It is considering coordinating with a university to study if there is bias. Gillespie said further context is needed to describe police interactions with the community.

“People’s interactions with law enforcement can vary significantly based on factors such as the amount of time they spend in public, their involvement in activities that may attract police attention, and the nature of calls for service,” Gillespie wrote in a statement to The Bee.

What’s considered use of force?

The most used type of force last year was bodily force, followed by “other controlling force,” which was described by MPD as actions other than pushing or pulling, such as a hold or a “bear hug.”

Carotid restraints and choke holds are not approved use-of-force methods. Officers also must refrain from deliberately using any technique that obstructs blood flow to the head or restricts breathing, or that carries a reasonable risk of doing so, according to the MPD Policy Manual.

“Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident,” the manual states.

The ACLU urged policy reforms, such as the banning of traffic stops under false pretenses and the militarization of police departments. It also called for more transparency and accountability on police misconduct, including full public access to body camera footage.

Last year in Modesto, there were 57 internal affairs investigations, five administrative complaints and 52 citizen complaints. Of the 52, four were related to use of force.

“It is only through such structural changes that we can hope to mitigate harm to communities of color that result from intentional and implicit biases in law enforcement,” the ACLU’s Frey said.

Gillespie said that while he doesn’t believe the data is strong enough to draw conclusions from, it should not deter the department from addressing concerns and improving its practices.

“Our department is actively engaged in several initiatives aimed at building trust and confidence within our minority communities. Programs such as the CPRB, our Cultural Relations Coaching Series, Project Resolve, youth outreach activities, and the Modesto Police Clergy Council are designed to create meaningful connections and foster mutual understanding between our officers and the diverse populations we protect,” he said.

MPD’s 2023 annual report revealed the department had 195 cases of use of force — a decrease of 17% from the previous year.

“We must always strive to ensure our actions are fair and just. It is through constructive dialogue and careful analysis that we can continue to enhance our services and build stronger relationships with the communities we serve,” Gillespie said.