Kinston Police Cleared in Use of Force
Ref: Video Shared on Social Media Regarding KPD Officers
On Friday, May 10, 2024, at approximately 9:12 pm, officers with the Kinston Police Department observed a group of individuals with known gang ties loitering in the parking lot on property owned by Kinston Housing Authority. The individuals were getting in and out of a vehicle in which officers had previously observed a firearm. While attempting to question them, the officers noticed a bulge in the waistband of one of the individuals— Kahlil Branch—so the officers attempted to frisk him for weapons. Kahlil Branch resisted the officer’s efforts to frisk him and after he was brought to the ground, where he locked his arms beneath him in the vicinity of the bulge in his waistband.
Consistent with their law enforcement training, the officers employed stunning techniques —including closed fist strikes and use of a taser on drive-stun mode—in an effort to gain compliance and secure Kahlil Branch in handcuffs. It took officers over three minutes to secure Kahlil Branch in handcuffs, during which time a large crowd had formed, and place him in the back of a patrol vehicle. A district court judge found probable cause to charge the suspect with Second Degree Trespass and Resisting a Public Officer.
Over the course of two weeks, the Kinston Police Department Professional Standards Division conducted an internal investigation regarding the use of force in this incident. The investigation revealed the officers on the scene utilized an appropriate amount of force necessary to place Kahlil Branch into custody. While closed-fist strikes may appear excessive in nature to untrained observers, the striking techniques of employed by the officer are currently taught in the North Carolina Department of Justice – Basic Law Enforcement Training (BLET) curriculum for use in such circumstances.
According to that BLET training, the reason a closed fist strike or any other stunning technique is used is to create a window of opportunity to allow officers to establish control of a resistive individual. These measures allow the officer to disrupt an individual's thought process - to take them out of a position of comfort, where they are the strongest and likely could put up higher resistance. Without the ability to use strikes or other stunning techniques, the officer might otherwise have to use higher levels of force to gain compliance. Pursuant to applicable law, it is not required or expected for an officer to wait to be physically assaulted before using a proactive stun control technique such as a closed fist strike.
As a result of the internal affairs investigation, it was determined that the officers followed policy while utilizing commands, strikes, and the Taser in the drive-stun mode in their interactions with Kahlil Branch.
In conclusion, the investigation revealed that the officers were reasonable in their use of force in response to Kahlil Branch’s actions and the officers did not use a higher level of force than was necessary under the circumstances. At this time, the criminal case regarding Kahlil Branch has been turned over to the District Attorney’s Office.
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