Bill to ban police chokeholds likely to have 'little effect' on Cape PD

A bill gaining traction in the Missouri Legislature that would ban police from using chokeholds would have “little effect” on the Cape Girardeau Police Department, according to Sgt. Joey Hann.

Cape Girardeau Police Department Sgt. Joey Hann, right, demonstrates a hold used to apprehend non-compliant suspects on officer Justin Barkley during a training session Wednesday in Cape Girardeau.J.C. Reeves

House Bill 455, proposed by District 98 Rep. Shamed Dogan (R), would prohibit the use of chokeholds — defined in the bill’s text as “the intentional and prolonged application of force to a person’s throat or windpipe that prevents or hinders breathing or reduces the intake of air” — by peace officers and security guards except in instances where the use of deadly force is acceptable.

While the bill would have little effect on the department and its training regimen, it still could make officers’ jobs more difficult.

“Banning any technique without exception would certainly complicate our jobs,” Hann said. “The vast majority of the people who use the term ‘chokehold’ cannot properly define the technique, and they also misidentify the technique when they see it being applied.

Cape Girardeau Police Department Sgt. Joey Hann, left, demonstrates a hold used to apprehend non-compliant suspects on officer Justin Barkley during a training session Wednesday in Cape Girardeau.J.C. Reeves

“The focus should be on funding better, and more frequent, training opportunities and not limiting an officer’s ability to use any technique, especially when that technique may be absolutely necessary to protect other members of the public from a dangerous suspect.”

According to Hann, the department’s self-defense training surpasses statewide expectations.

Sgt. Joey Hann, left, demonstrates a hold used to apprehend non-compliant suspects on officer Justin Barkley during a training session Wednesday in Cape Girardeau.J.C. Reeves

“The Cape Girardeau Police Department far exceeds self-defense training standards and our officers undergo some of the highest quality physical training in the state,” Hann said. “Our agency has never had an investigation revolving around the misuse of a fatal ‘chokehold,’ and we often train on de-escalation and proper force responses.”

The department, according to Hann, takes precautions to ensure excessive force is not used when detaining a suspect.

“The Cape Girardeau Police Department has always been cognitive of force issues,” Hann said. “We use body cameras to document all of our public interactions, and we train vigorously to secure violent combatants into custody as peacefully as possible.”

The department also utilizes a duty-to-intervene policy to keep other officers in check.

“Not only are our officers well-versed and well-trained on the proper use of force, our secondary officers also have the duty to intervene in any situation in which one of our officers, or another officer, commits a crime or violation in their presence,” Hann said. “This is an added failsafe that we incorporate into our training.”

Officer Justin Barkley, left, and Cpl. Cody Farrow, right, demonstrate how officers can safely and effectively detain a combative suspect on Sgt. Joey Hann during a training session Wednesday in Cape Girardeau.J.C. Reeves

Despite the department’s efforts, there are instances that can occur when responding to a call that don’t come up in training.

“This bill would not alter the manner in which Cape Police conducts its safe detentions or self-defense training scenarios,” Hann said. “It is illegal to hit someone with a fire extinguisher, and I don’t train officers to hit someone with a fire extinguisher. With that being said, if our officers are trying to stop an active school shooter and the officer’s gun malfunctions, I fully expect them to hit the shooter with a fire extinguisher if that is what it takes to save a student’s life.

“It’s easy to draft a comprehensive set of acceptable rules for physical combat on paper while you are in a leather chair in a climate-controlled office, but it’s not as easy when it’s a rapidly evolving situation and the suspect has committed themselves to unmitigated violence.”

Sgt. Joey Hann, left, demonstrates a hold used to apprehend non-compliant suspects on officer Justin Barkley during a training session Wednesday in Cape Girardeau.J.C. Reeves

While Hann may be opposed to banning techniques officers can use, he believes any officer who uses disproportionate force should be punished.

“If an officer uses excessive or unnecessary force, be it a ‘chokehold,’ a punch, a kick, then they should be held accountable and face the consequences,” Hann said. “But in a time when assaults against officers are on a rapid incline, we should not be limiting our ability to protect ourselves and others.”

Sgt. Joey Hann, left, shows how officers can disarm a combative suspect on officer Justin Barkley during a training session Wednesday in Cape Girardeau.J.C. Reeves

District 146 Rep. Barry Hovis (R), District 147 Rep. Wayne Wallingford (R), District 27 Sen. Holly Rehder (R) and 8th Congressional District Rep. Jason Smith (R) could not be reached for comment.

The bill in its entirety may be found at house.mo.gov/billtracking/bills211/hlrbillspdf/1107H.01I.pdf, and a summary is available at house.mo.gov/billtracking/bills211/sumpdf/HB0455I.pdf.