Black people in Stanislaus County over-represented in use of force cases by Sheriff’s Office

Since 2016, Stanislaus County Sheriff’s Office deputies have used force against Black individuals at a rate of more than six times their population, according to police data.

While Black people averaged 1.4% of the county population, they made up nearly 9.4% of use-of-force cases reported by Stanislaus SO personnel in the past eight years.

In most years, use-of-force data for other racial or ethnic groups were either closely aligned or fell below their population share. In 2016, white people represented nearly 39% of use-of-force cases while making up just about 36% of the population. Hispanic people made up nearly half of use-of-force incidents but accounted for 55% of the population in 2021.

Black people were consistently over-represented, year after year.

Use of force is defined by the Sheriff’s Office as “the application of physical techniques or tactics, chemical agents, or weapons to another person.”

In 2018, use-of-force incidents involving Black individuals occurred at a rate more than 13 times their representation in the population. It was also the second-lowest year for total use-of-force incidents.

When comparing use of force to arrests rather than population data, the disparity against Black individuals persists, though reduced. On average, they represent 7.3% of arrests, compared to 9.4% of use-of-force cases.

These figures reflect trends observed across the state and the nation.

In 2023, 658 people statewide were involved in incidents where a firearm was discharged or force was used, leading to serious bodily injury or death. Of those incidents, 18.7% involved Black individuals — despite them making up only 6.5% of California’s population.

According to a report from the Public Policy Institute of California , Black Californians are about three times more likely to be seriously injured, shot or killed by police compared to their share of the state’s population.

“These racial disparities narrow after controlling for contextual factors (e.g., the reason for the interaction), but continue to persist,” the report reads.

Causes

The Sheriff’s Office attributed the disproportionate use of force to factors beyond race, citing socioeconomic background, neighborhood type and cultural attitudes toward law enforcement.

“We have to get this conversation away from just race, and we have to start looking at all of the other factors,” said Sheriff Jeff Dirkse.

However, Blake Randol, an associate professor of criminal justice at Stanislaus State University, suggested that when law enforcement uses force, generally, it’s because of three main factors.

The first is geographic location. “What we tend to see is a pattern, and police use of force tends to be more aggressive in particular areas where there is not only higher crime but also higher poverty,” he said.

Crime and low income tend to go hand-in-hand. Over 90% of cases that pass through Stanislaus County criminal courts are indigent or low-income clients, according to the Stanislaus County Public Defender.

The second factor is what Randol described as “demeanor,” or the attitude a person has toward law enforcement. He said low-income Black communities in particular could have a negative attitude toward law enforcement.

“Demeanor is an important factor that can predict police use of force, so if the police officer encounters somebody who has a negative demeanor directed towards them, maybe more talk back, maybe resisting arrest, those sorts of things, [police] are more likely to use force,” Randol said.

The third most common factor is unconscious bias. Randol said this typically happens in a neighborhood or community where law enforcement might be hyper-vigilant. Or, it could happen when they perceive an individual to be a greater threat to them.

“Unconscious bias is a huge problem in the United States, and there is … a systematic unconscious bias of the police towards racial minorities, particularly, but also African Americans to a greater extent,” said Randol.

He elaborated on this by saying that “police will wrongly assume that African Americans in particular are more a stronger threat to their immediate safety than somebody of another race.”

Randol was discussing use of force by law enforcement in general. But when asked specifically about the use-of-force data from the Sheriff’s Office, when compared to population data, he said the geographic factor might not play as big a role in explaining it.

“You’re talking about a very small minority of individuals living in a community that’s predominantly Hispanic and white, and why are those individuals experiencing use of force greater than their white or Hispanic counterparts in this community?” he said. “I would say that there is a disparity going on, a significant disparity. And I would say looking at population, that does describe a disparity. That is fair to say. But whether or not it is blatant discrimination is a much more complicated question.”

Law enforcement response

Data regarding the Modesto Police Department’s use of force revealed similar patterns. Earlier this year, The Bee reported that MPD used force against Black individuals at a rate more than four times their population.

Modesto Police Chief Brandon Gillespie said more context is needed to better understand police interactions.

Recently, the local NAACP sent a letter requesting police auditors to further investigate the department’s use-of-force data. The Community Police Review Board , which aims to improve police accountability and transparency within MPD, also expressed interest in examining the data.

MPD is involved in a number of initiatives aimed at improving community relations, such as CPRB and their Cultural Relations Coaching Series . These initiatives were praised at the last CPRB meeting by board member Austin Grant.

“I would like to say to Chief Gillespie, thank you, because he is working with somebody that I know very well to improve relations amongst the African American community, and it’s very much going to be one of those robust things that could be very historical for this community,” Grant said.

In an interview with The Bee’s Editorial Board last year, Dirkse said he doesn’t believe police oversight would change anything and views it as “another layer of bureaucracy.”

When asked about his thoughts on the CPRB, he said “Good on ‘em; they can do whatever they want. But I don’t believe it’s going to change anything, and I don’t mean that in a negative way.”

“It is unfortunate, but not surprising, that the Stanislaus sheriff has a similar record of disproportionately using force against Black residents as the Modesto Police Department,” said Tom Helme, co-founder of the Modesto nonprofit Valley Improvement Project and an ACLU NorCal volunteer. “The difference is, Modesto has taken steps towards being more transparent about law enforcement over the last few years, such as establishing a police review board and contracting with an independent auditor, both of which the sheriff has so far refused to consider.”

Dirkse said that the department already has systems in place to hold officers accountable.

In 2023, there were 39 administrative cases and 36 citizen complaints filed, according to the Sheriff’s Office’s annual report . None of the citizen complaints resulted in further investigation, while 44% of the administrative cases did. One officer was terminated last year. The report did not specify if the cases were related to use of force.

The report also noted that 54% of individuals involved in use-of-force incidents were not actively resisting law enforcement commands.

The Stanislaus County Sheriff’s Office requires a report for all incidents involving the use of force. A supervisor reviews each report to ensure that force used was appropriate and complied with both Sheriff’s Office policy and the law.

If force is found to have been misused, an internal affairs investigation is started. A deputy may face training, disciplinary action or termination. In some cases, a separate criminal investigation could lead to prosecution if a violation of the law or civil rights is determined.

Wendy Byrd, president of the NAACP of Modesto-Stanislaus, said the statistics reflect a broader issue of racial bias in policing, employment, economic development, education, health and other inequities related to Black people in Stanislaus County.

“[Systemic] racism is not just about the moment, it’s about the long-term impact it has on a person’s life. The question is, what are we going to do about it,” she said in a statement.