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Colorado legislators move to ban dangerous law enforcement restraint technique

Years after 9NEWS began documenting deaths of individuals forcibly held facedown, a group of state legislators moved Monday to ban prolonged prone restraint.

DENVER — A pair of Colorado legislators say it’s time to effectively ban prolonged prone – or facedown – restraint, following a lengthy 9NEWS investigation that identified more than 130 deaths that followed prone restraint across the country.

Monday, Rep. Steven Woodrow (D-Denver) and Rep. Leslie Herod (D-Denver) – among others – introduced a bill that would make Colorado one of a handful of states to limit the use of prone restraint by law enforcement officers. 

The move comes after a yearslong 9NEWS investigation that uncovered a pattern of deaths that happened during or shortly after an individual was restrained facedown.

“It’s exceptionally dangerous, as your own reporting has shown. Leads to too many deaths,” Woodrow told investigative reporter Chris Vanderveen. “Your work is a big reason why we’re here.”

9NEWS tied 132 deaths to the common police restraint tactic. 

> PRONE: Facedown and handcuffed is no way to die, yet it keeps happening over and over again

In 1995, in a memo distributed by the U.S. Department of Justice, the authors concluded “to help ensure subject safety and minimize the risk of sudden in-custody death, officers should learn to recognize factors contributing to positional asphyxia.”

Due to that risk, the memo said, “As soon as the suspect is handcuffed, get him off his stomach.”

It’s not uncommon for law enforcement officers, during an arrest, to put someone in the prone position to try to handcuff that person. 9NEWS found the problem occurs when officers linger on the backs of those individuals after they successfully apply handcuffs.

> PRONE: Deaths of restrained and facedown suspects continue to happen even after death of George Floyd

"We're not saying you can't use prone restraint at all, but we are saying once you have someone subdued and controlled you must lift them back up so they can breathe,” Herod said.

It’s the same philosophy taught by nationally recognized police trainers like Jack Ryan, who in 2020 told 9NEWS, “I've said that in training at times that we ought to have that printed on the top of the dashboard of the police car or maybe tattooed on the backs of people’s hands. Get off them. Get them into a position that facilitates breathing."

In 2022, for example, 9NEWS found deputies placed a jail inmate, Arthur Roybal, facedown onto a gurney during an attempt to transport him to the Adams County Detention Center’s medical bay. They then forcibly restrained him with belts and placed additional weight on Roybal’s back.

Sixteen minutes later, Roybal stopped breathing.

> PRONE: 16 minutes facedown, strapped down, and handcuffed

The Adams County Coroner ruled his death a homicide. No deputies have been charged, but 9NEWS found the prone positioning violated the county’s own policy for medical transports.

House Bill 1372 is expected to be debated at the Capitol in the coming weeks.

> PRONE: Investigation finds 132 people who died facedown, handcuffed and under the weight of officers

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