Three years ago, after a video of Rochester police handcuffing and pepper-spraying a schoolgirl in distress reached the public, state and local officials joined in uniform outrage, calling for immediate reforms.
“This isn’t how the police should treat anyone, let alone a 9-year-old girl,” said then-Gov. Andrew Cuomo.
State Sen. Samra Brouk, who chairs the Senate committee on mental health, called the incident inexcusable, stating in a press release that the child “needed comfort and help, not more violence.”
Today, there are new state laws curbing the arrests of young children, with more reforms in the works. And the Rochester police department has updated its policies on juveniles, recognizing that early interactions with officers can have lasting impact on their trust of law enforcement.
A spokesman said the department constantly reviews its training and policies to keep them in line with or exceed national standards.
But earlier this year, a local independent watchdog agency evaluated the department’s 2021 policy and found concerning gaps. Specifically, it does not explicitly list acceptable use of force techniques and those that should be barred. Additionally, investigators with the Police Accountability Board reported there was no way for them to evaluate whether the new policy is effective or even being followed, because the police department would not provide all the information they sought.
The limited information available raised “concerns about accountability and policy adherence,’’ stated the board’s report.
The report analyzed 318 incidents between Dec. 2021 and May 2023 involving 184 minors. Among other key findings, investigators reported that the children were mainly Black youth identified as male, and roughly one-third of the cases involved a mental health crisis. Handguns were pointed at children in more than one-quarter of the incidents analyzed, and police restrained children with a knee on their back in 11% of the cases.
Investigators said their intention was to cast a critical lens into the racial and demographic breakdowns in these incidents, “shedding light on potential disparities that warrant consideration and action.” They hope the report prompts the city council, police department and the public to come up with solutions to the questions raised.
Rochester City Council President Miguel Meléndez said in an interview that the police department has been hampered by staff shortages, making it difficult to free up officers who could build relationships with young people outside of calls for service. The lack of those relationships “creates more problems when it comes to an officer intervening in a situation,’’ he said.
But Meléndez added that portions of the report outline a “frequency of engagement with use of force with minors that we need to continue to look at.’’
Despite that, Councilmember Mary Lupien said the city has taken no action since the watchdog report’s release. The Imprint’s questions prompted her to follow up with the Police Accountability Board about what specific recommendations she can take to the council for action, she said. The organization, an independent office of the municipal government created by the city council, monitors the police department.
“It feels like they’re doing really good work,” she said of board members, adding: “And we’re not paying attention to it.”
NY state curbs the arrests of children
Meanwhile, state lawmakers and the governor have passed significant reforms intended to curb detention and police mishandling of children.
A 2021 law signed by Gov. Kathy Hochul bars the arrest of most children younger than 12, except in cases involving murder or manslaughter. Another law enacted that year outlawed the shackling of anyone younger than age 21 in family court, with a few exceptions. A third reform passed last year expunges the records of children who appeared in New York courts for misbehavior such as running away, skipping school or disobeying a parent.
Other bills have been proposed but have yet to pass. They include a ban on police using chemical agents against anyone younger than 18; a proposal to ensure that minors can speak with an attorney before police interrogations and legislation that would require child-sensitive arrest policies.
In Rochester, 11 months after the 9-year-old was arrested, the police department issued a new directive dictating how officers should interact with children and youth. General Order 338 directs officers to consider a child’s age and to communicate in an “age-appropriate manner.” Officers are to de-escalate whenever possible by being flexible and allowing more time and distance with a child when they respond to a 911 call. The policy advises “a calm and natural demeanor with juveniles.”
Among other requirements, it directs police to treat children with “courtesy, professionalism, dignity, respect, and equality.” The 2021 Rochester Police Department policy cautions that minors might not immediately comply with orders, due to confusion or fear, but that “multiple attempts for a juvenile’s compliance may be needed without resorting to the use or threats of force.” Handcuffs can be used only when children and teens pose a danger to themselves or others. Pepper spray is warranted only when officers perceive children as non-compliant, assaultive or posing a threat.
Attorney Shelley Jackson, who focuses on law enforcement policies for the nonprofit Strategies for Youth, credited the department for creating a youth-specific policy. Her organization, which has developed model policies for police responses to children, said it is generally consistent with best practices.
However Jackson said there are weaknesses. For example, as written, the policy prohibits officers from using chemical agents on children, “unless the juvenile is noncompliant/assaultive, poses an immediate threat of harm,” or no reasonable alternative exists.
Jackson said that policy language may have cleared the officer who pepper-sprayed the 9-year-old three years ago.
“Being non-compliant and being assaultive are not at all the same thing,” she said.
Rochester police respond
The use-of-force incidents examined in Rochester involved children of all ages, some quite young. In one case having “the appearance of potential excessive use of force,” an officer placed an 8-year-old in handcuffs and took her to the hospital. In another, at least seven officers forced a 14-year-old to the ground and handcuffed the student following reports of violent behavior.
Rochester Police Capt. Greg Bello said in an emailed statement that he can’t comment on the reported findings of the police watchdog group, an independent body which in this investigation did not evaluate complaints lodged with the department.
“What I can say,” Bello added, “is that 318 incidents occurred over the course of more than 300,000 calls for service: approximately .001 percent of our calls.”
Since department policy was updated in December 2021, Bello said there has been only one use of force complaint involving juveniles, which was not sustained.
Bello also stated that the department continues to review its methods.
“We are always working with our law enforcement partners, including the Department of Justice’s Public Safety Partnership Program, to constantly evaluate our policies and procedures to ensure best practices,” he stated.
Far-reaching impact
Police Accountability Board spokesperson Vanessa Cheeks said although use-of-force incidents involving children make up a small percentage of police calls, they are nonetheless “important to the youth impacted by these policies, their families who have to deal with the resulting trauma, and the Rochester community.”
The arrest of the 9-year-old spurred some of the local reforms now required of officers.
The incident began on Jan. 29, 2021, when police responded to a call involving family trouble. While at the scene, a girl, then 9, began running down the street, apparently in the throes of a mental health crisis. She is not being named publicly to protect her privacy.
An extended video of the incident showed police catching up to her, and trying to wrestle the child into a squad car to take her to a local hospital, as she begged them not to hurt her. After the girl was handcuffed, an officer pepper-sprayed her in the eyes and she screamed in pain.
“When’s the pepper spray going to wear off? … It’s burning my eyes,” she sobbed to another officer. “Yep, that’s the point of pepper spray,” the officer replied. Almost 15 minutes passed before ambulance personnel arrived to wipe her face.
The department completed an investigation eight months later. The review cleared the officers of misconduct and allowed them to return to their regular patrols, according to the Rochester Democrat & Chronicle.
Neither the mother nor her attorney responded to requests for comment. The two filed an initial “notice of claim” — the first step in a lawsuit — against the city in February 2021. There’s no indication in court databases that a subsequent complaint was filed in a federal, state or county court. Settlement payouts in such cases often contain nondisclosure agreements.
Council president Meléndez said to avoid future situations like this, longer term solutions are needed, such as having social workers respond more often to 911 calls. “Diverting more calls away from police that don’t require an officer to respond, looking at civilian approaches, I think that’s the long game,” he said.
Correction: This story has been updated to reflect that the Rochester Police Accountability Board is an independent office of the municipal government created by the city council.
