Disciplinary meetings for Pittsburgh officers involved in Jim Rogers tasing case underway

Pittsburgh police officers identified as having violated policy and procedure during the tasing and subsequent detention of a homeless man who died a day later in October have begun their initial disciplinary meetings with police administration.

Multiple officers out of the eight identified in the executive summary of a Critical Incident Review Board report were scheduled for Monday. A ninth officer identified in the report has retired.

Jim Rogers, 54, was stopped on Harriet Street in Bloomfield on Oct. 13 as officers were investigating a report of a stolen bicycle.

The first responding officer tased Rogers at least eight times over 3 minutes and 15 seconds, according to a copy of the summary obtained by the Tribune-Review.

Once Rogers was detained and placed in the back of a police vehicle, he remained there for 17 minutes, banging his head and repeating, “‘I need a hospital, I can’t breathe, get a medic, help me.’”

Despite officers’ reassurances that he would get checked by medical personnel, Rogers got no medical attention.

It wasn’t until he arrived at UPMC Mercy at 11:13 a.m. that officers found him unresponsive in the back seat. He was pronounced dead the next day.

According to the executive summary of the Critical Incident Review Board report, nine officers on the scene that day violated Pittsburgh police policy and procedure.

Disciplinary Action Reports were distributed to officers on Dec. 28, former Mayor Bill Peduto confirmed at the time.

Neither Peduto’s administration nor Mayor Ed Gainey will comment on what type of discipline is being meted out.

According to the Pittsburgh police bureau’s policy on discipline, once a Disciplinary Action Report has been written and distributed, the officer must meet with their zone or unit commander, and a report of that must be sent through the chain of command.

The policy says that within 10 working days of the Disciplinary Action Report going up the chain of command and being signed by the chief, an initial meeting is held that includes the officer, Fraternal Order of Police, assistant chief, deputy chief, the director of public safety and the chief.

At that meeting, the initiating supervisor must describe the basis for the proposed discipline and summarize the evidence. According to the policy, the officer has a chance to respond to the charges at the meeting.

Following this step, the city administration must issue a final decision on discipline, which would then allow the officers to follow the grievance process spelled out in their collective bargaining agreement, including arbitration.

Private attorneys representing the officers are not permitted to participate in the meetings, though the officers also are being represented by an attorney from their Fraternal Order of Police lodge.

While private attorneys are not allowed into the administrative meeting, they are being permitted to read the entirety of the Critical Incident Review Board report, including transcripts of interviews and summaries. In addition, they are allowed to request to watch their client’s body-worn camera footage, as well as a recording of Rogers inside the police vehicle that day.

The meetings were running behind Monday afternoon, and at least one officer had to be rescheduled for later in the week.

Patrick Thomassey, who represents Sgt. Carol Ehlinger, one of three supervisors on the scene that day, said that her meeting was scheduled for Tuesday.

“She will learn at the hearing that she has a right to arbitration,” Thomassey said.

He was critical of the process, saying that he didn’t believe that Rogers’ being tased had anything to do with his death. The medical examiner’s office said that Rogers’ manner of death was accidental and that the cause of death was a lack of oxygen to his brain.

“The officers are out there doing their jobs,” Thomassey said. “I don’t know that anybody had the idea he was under distress.

“People in the back of police cars yell and scream all the time.”