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40 grams: the impact of less-lethal weapons

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40 grams: the impact of less-lethal weapons

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Copyright 2022 Daniel Green

40 grams:
The Impact of Less-Lethal weapons
By
Daniel Green

A Thesis Presented to the
FACULTY OF THE ANNENBERG SCHOOL FOR
COMMUNICATION AND JOURNALISM
In Partial Fulfillment of the
Requirements for the Degree
MASTER OF ARTS
(SPECIALIZED JOURNALISM)

December 2022

ii
TABLE OF CONTENTS

Abstract…………...........................................................................................................................iii

Chapter 1: What are the chances I die in here? ...............................................................................1

Chapter 2: Less-Lethal Weapons in 2020 .......................................................................................3

Chapter 3: The Fallout ....................................................................................................................6

Chapter 4: Everything Went Black ….............................................................................................8

Chapter 5: Less-Lethal weapons through the years ......................................................................14

Chapter 6: The Search for a Better Weapon .................................................................................22

Chapter 7: A New Beginning ........................................................................................................29

Bibliography ………………………………….............................................................................32

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ABSTRACT

In the summer of 2020, protestors took to the streets to protest the death of George Floyd.
The high number of protests resulted in a significant response from law enforcement, who used a
variety of tools to maintain crowd control. One category of tools that received attention
nationwide was less-lethal weapons, specifically kinetic impact projectiles (KIPs). Less-lethal
weapons are meant to incapacitate or stun without harm and offer a tool for officers and deputies
in the field. However, in cities across the country, protestors and bystanders suffered injuries and
criticized officers for an overly aggressive response to the demonstrations.
This thesis aims to research kinetic impact projectiles at protests and how the lasting effects.
The report also looks at the history of less-lethal weapons to provide a large picture of how they
have been used by law enforcement.
In compiling this report, the writer talked to protestors injured at the rallies, medical
researchers who study injuries sustained by KIPS and those who study the weapons themselves.
Additionally, we talked to experts who reviewed the LAPD and its conduct during the protests
and incorporated their reports.
Even though new laws and regulations have been passed and discussed since the 2020
protests, there are still questions about using kinetic impact projectiles. This paper aims to spark
discussion regarding the use of less-lethal weapons in crowd control situations and the policies
that regulate their use.

1
Chapter One: What are the chances I die in here?

As he lay on a gurney in the operating room, Iz Sinistra looked around at the doctors
rushing to prep him for surgery.
The 24-year-old former Marine was bleeding from a wound on his left temple that he
received – not from combat, but for taking to the streets to protest the death of George Floyd.
It was May 30, 2020. Hours before, Sinistra (then known as CJ Montano; he has since
changed his name) had been at a demonstration in the Fairfax District with other protesters when
a bean bag fired by a Los Angeles Police Department officer hit him in the head. (Rector 2021)
He began bleeding profusely from the injury caused by the beanbag. Sinistra was rushed by car
to Cedar Sinai Hospital. (Loranger, Esfandiary, and Alarcon 2020, 11-17) 15)
At the hospital, they worried about damage to his brain.
Lying on his hospital bed, Sinistra was exhausted. He began to drift into sleep. The half
dozen doctors and staff around him shouted at him to stay awake. Sleeping with a possible
concussion could have led to other issues.
The doctors asked Sinistra if he was taking any other medication. “Blood thinners,” he
told them.
This news sent the doctors into emergency mode, forcing them to prep Sinistra for
surgery immediately.
The combination of blood thinners and the possible injury to the brain meant time was of
the essence. The brain bleed meant that he was at risk of seizures or infection.
As the staff prepared him for surgery, Sinistra caught the attention of one of the doctors
standing by his side and asked him a question.
"Yo, what are the chances I die in here?"

2
The man at his side gave him a short and honest answer.
"I honestly don't know."

3

Chapter Two: Less-Lethal Weapons in 2020

The object that caused Sinistra's head injury was known as a Super-Sock Bean Bag.
(Rector 2021) The projectile, manufactured by and sold to LAPD by Combined Tactical
Systems, is a sack made of ballistic fiber and filled with shot. It weighs 40 grams, or barely an
ounce. (Combined Tactical Systems 2022)
The bag is housed in a cartridge about 2-and-a-half-inches long and is shot out of a
repurposed 12-gauge shotgun. The bean bag is designed to be deployed as soon as it exits the
barrel. (Combined Tactical Systems 2022)
Despite their small size, these projectiles can move at great speeds and hit with great
force. The LAPD uses a model called the “CTS Model LAPD 2588.” According to manufacturer
specifications, other models of the Super-Sock round can reach speeds between 270-290 feet per
second. (Combined Tactical Systems 2022)
Because of the speed and power of these projectiles, LAPD procedures outline how the
bean bag round is meant to be used. According to a Use of Force - Tactics Directive issued in
2018, officers must remember “not to target the head, neck, spine, chest, groin, or kidneys.”
(Moore 2018, 5)
These projectiles have had several names over the years. Some refer to them as "Kinetic
Impact Projectiles" or "KIPs." In published reports and regulations, the LAPD refers to them as
"less lethal" rounds.
The term KIP has been applied to various impact rounds, ranging from beanbag rounds,
foam projectiles and even rubber-coated bullets with metal cores.
Over the years, this type of ammo has gained unofficial names, such as “rubber bullets,”
or “baton rounds,” and is presented as an alternative to guns or physical force.

4
Less-lethal projectiles have been the topic of debate for years in the United States and
internationally. Human rights groups have criticized their usage in demonstrations worldwide,
labeling them as dangerous.
"Although KIPs are designed to minimize penetrating injuries and limit the force of blunt
trauma, both types of injuries are possible," warned a 2016 study from Physicians for Human
Rights. The report said the potential impact of KIPS "depend on a number of factors, including:
the type of projectile; the weapon it is shot from; the distance from which the shot is fired; the
user's skill; and the inherent inaccuracy of the weapon itself." (Haar, Rohini and Iacopino
201630)
The debate over less-lethal projectiles came to a head during the 2020 George Floyd
protests, when law enforcement used them in crowd control situations. The result was dozens of
injuries from people across the country, lawsuits, and new restrictions regarding their use.
(Culver 2020)
According to a 2020 study on police-public contacts by the U.S. Department of Justice,
the percentage of interactions that end up using physical force is low. In 2018, out of 61.5
million citizens aged 16 or older, 2% experienced “threats or use of force from police.” (Harrell
and Davis 2020, 5)
A second PHR study from 2020 found that between June and July of 2020, at least 115
people across the United States were hit in the head by KIPs during protests. This included
Sinistra. PHR estimates that number may be much higher since it can only record incidents
reported on social media or traditional news sources. (Haar, Rohini J. and Reynhout 2020)
An LAPD spokesperson declined to comment on using less-lethal weapons during the
2020 protests. In a public statement on June 3, 2020, LAPD would only say generally that the

5
demonstrations "have been transformative for the people of Los Angeles, California, and the
nation" and that "the demands for law enforcement are being heard."
The statement added that the Los Angeles Board of Police Commissioners would be
involved in the process. The Board sets policies for the LAPD, investigates in-custody deaths
and lethal uses of force, and plays a key part in the hiring of the police chief. The statement
stated that the Board "is establishing an aggressive reform agenda, which continues the evolution
of our commitment to 21st Century policing.” (Los Angeles Police Department 2020)

6
Chapter Three: The Fallout

For Sinistra, the result of the projectile to his head was four days in the hospital.
According to a Claim for Damages filed under his previous legal name, CJ Montano, which his
attorneys filed in June 2020, Sinistra received 7 to 8 stitches on his forehead. "Hospital staff
reported that they could see his skull beneath the skin torn open by the rubber bullet," the claim
stated. (Esfandiary, Alarcon, and Loranger 2020, 4)
At the time of the complaint, the attorneys believed the projectile was a rubber bullet, but
the LAPD later clarified that the projectile was a beanbag. (Rector 2021)
Furthermore, the claim states that Sinistra suffered a brain bleed that has caused multiple
long-lasting effects. (Esfandiary, Alarcon, and Loranger 2020, 1-4)
According to the lawsuit, after the shooting, Sinistra claims that he experienced “post-
concussion syndrome, hearing loss, recurrent dizziness, nausea, mental confusion and inability to
comprehend social cues, [and] significantly reduced proficiency in understanding written and
spoken language.” (Loranger, Esfandiary, and Alarcon 2020,16)
Sinistra’s case was one of at least six lawsuits against the City of Los Angeles and the
LAPD. Other lawsuits involve the Los Angeles chapter of Black Lives Matter and a class-action
case brought by the National Lawyers Guild. Most of these lawsuits highlight what they consider
failures by the City of Los Angeles and officers during the days of the protest and how the LAPD
handled crowds.
The lawsuits against the LAPD include claims of unlawful detainment, violations of free
speech, injuries, and more. Some protesters were arrested and held for hours at different
locations before being charged and released.

7
One member of the NLG lawsuit, Christian Roe, stated that he and others were held in
tight confined spaces and officers did not take any precautions against the spread of Covid-19,
despite the protests occurring during the height of the pandemic.
“During the entire time they were in custody they were not provided with any water or
given access to a bathroom. ROE and others asked for the zip ties to be removed because of the
pain but their persistent requests were ignored or refused. In all, ROE spent 2 hours and 15
minutes handcuffed,” stated the lawsuit. (Hoffman, Sobel, and Litt 2020, 9)
During this time, Roe claimed that he saw other protesters who were injured during their
arrest and did not receive medical treatment. One man had a hand injury so severe it exposed the
bone on one of his fingers.
“He kept asking for medical assistance and they just wouldn't give it to him,” Roe said in
an interview. “I remembered being just abhorred by that. They gave him a fucking paper towel to
wrap around his wound.”
One of the most common claims against the LAPD concerned its use of less-lethal
projectiles, which opponents claim were misused against protesters and violated department
regulations. For example, the department regulations ban targeting particular body parts,
specifically the region around the head, neck, or groin. Because of this, Sinistra's lawyers state
that he should not have been hit in the head.
Sinistra claims that at the time of his injury, he tried to back away from the police. They
shot him anyway.

8
Chapter Four: Everything Went Black

The Black Lives Matter protest was scheduled for May 30, 2020. Protesters planned to
meet at Pan Pacific Park on Beverly Boulevard in the Fairfax District. (Loranger, Esfandiary,
and Alarcon 2020, 17)
The demonstration was five days after the death of George Floyd, 46, who was killed by
a police officer on May 25 in Minneapolis, as other MPD officers looked on. Floyd had been
suspected of trying to pass a counterfeit $20 bill at a local grocery store, Cup Foods. (Associated
Press 2022)
Police responded to a call regarding the suspected forgery and arrested Floyd at the
scene, where he was handcuffed and placed facedown on the ground. (Associated Press 2022)
In a video taken by a bystander, Minneapolis Police Officer Derek Chauvin was filmed
kneeling on Floyd's back despite his cries that he couldn't breathe. Despite his calls for help,
Chauvin remained on Floyd's back for almost nine-and-a-half minutes. (Associated Press 2022)
His death was later ruled a homicide. (Chappell 2021)
The video of Floyd's death quickly went viral and sent shockwaves across the country. As
a result, Chauvin and three other officers present at the scene were fired the next day, May 26.
(Associated Press 2022)
In the days after Floyd's death, protests emerged across the country. The Armed Conflict
Location and Event Data Project (ACLED), a crisis mapping and analysis team, tracked protests
from all 50 states and recorded over 7750 protests across the country between May 26, the day
after Floyd’s death, and August 2020. (Kishi and Jones 2020)
Los Angeles was no exception. Like the rest of the country, Angelenos took to the streets
to show their support for Black Lives Matter and police reform.

9
Sinistra is thin, with long dark hair on top that hangs to the back where his shoulders
begin. In front, a red streak of hair stands out. In contrast to the flash of color, Sinistra is reserved
and thoughtful when discussing the protest and his experiences. He chooses his words carefully.
Attending a protest was a new opportunity for Sinistra, who had already retired from the
Marine Corps and now had the freedom to express himself and his personal views.
"In the Marine Corps, you can't protest," explained Sinistra, who spent five years in Japan
as a radio operator.
The event was scheduled to begin at noon. Sinistra spent the night at the home of a friend
who lived nearby. He arrived the next day at Pan Pacific Park at 12:45 pm, according to court
documents. (Loranger, Esfandiary, and Alarcon 2020, 11)
Pan Pacific Park is a half-mile away from the Grove shopping center in the heart of the
Fairfax District. The park looks like any other across Southern California, with a red, green, and
white rec center and a multi-colored playground around the corner.
The weather was cool for the end of May, about 65 degrees, and the sky was clear blue.
On another day, the park would have been full of local families and kids playing in the green and
brown jungle gym or preparing for youth sports in the fields.
But now, the organizers had arranged a platform for the speakers with a few hundred
people sitting or standing around. At 1 p.m., the group began (Loranger, Esfandiary, and Alarcon
2020, 11) making its way west down Beverly Boulevard, chanting the names of Floyd, Breonna
Taylor, Ahmaud Arbery, and others. At various intersections, the group would take a knee.
(Loranger, Esfandiary, and Alarcon 2020, 12)
During the protest, the group split in two with Sinistra staying with the marchers who
proceeded northwest toward West Hollywood. (Loranger, Esfandiary, and Alarcon 2020, 12)

10
Along the way, they were stopped by a line of deputies from the Los Angeles Sheriff's
Department. As the group continued down the street, deputies began to “indiscriminately yell”
orders, according to court records. (Loranger, Esfandiary, and Alarcon 2020, 12)
"Keep it moving."
"Get out of the street."
"Move out of the way."
Surveying the scene, Sinistra could feel an air of tension from both sides of the protest.
Protesters were yelling at the deputies, and, to Sinistra, law enforcement seemed to be on edge.
“I think it was a situation that [the police] couldn’t control because people were scared
seeing how tactical they were acting,” Sinistra said.
Passing the police line, Sinistra grabbed a quick picture of an LASD deputy. He uploaded
the photo of the deputy, who the complaint states was a sergeant, to social media and added a
caption that read “has a gun out.” (Esfandiary, Alarcon, and Loranger 2020, 2)
Sinistra could see officers stationed on the rooftops around him. According to court
documents, LASD deputies were positioned on the roof of a nearby synagogue, the Etz Jacob
Congregation, armed with rifles and less-lethal munitions. (Loranger, Esfandiary, and Alarcon
2020, 2)
"I thought 'if there's a misfire, someone is going to die' because of the caliber of the
weapons," Sinistra said.
The protesters had stopped at the intersection of North Curson Avenue and The Grove
Drive/Stanley Avenue. (Loranger, Esfandiary, and Alarcon 2020, 12) Suddenly, Sinistra could
feel a burning sensation filling his eyes, mouth, and nose. (Loranger, Esfandiary, and Alarcon
2020, 13)

11
“It smells hot,” Sinistra said. “I don’t want to say sulfury, but all the snot comes out of
your nose and your eyes water."
At some point, the LASD decided to deploy tear gas against the crowd. According to
Sinistra’s lawyers, Sinistra did not hear any announcement to the crowd warning them of the
decision. In the confusion, other protesters began passing around liquid antacids to counteract the
gas's effects. In his confusion, someone passed Sinistra something to clear out his eyes and
counteract the burning sensation. (Loranger, Esfandiary, and Alarcon 2020, 13)
“It was some kind of neutralizing agent. I have no idea what it was. I was just like, ‘give
it to me, please,” Sinistra said with a laugh.
As tensions escalated, Sinistra, the ex-Marine, decided to approach the line to
communicate with the police in an attempt to ease tensions. He had already tried talking to
protesters to tell them not to react, even though some had thrown objects like water bottles.
(Loranger, Esfandiary, and Alarcon 2020, 13-14)
"I thought it was very important to show with the police that there were still protesters
who were being non-violent, and threats would make the protests valid," Sinistra.
Sinistra approached the skirmish line and positioned himself in the middle of the
intersection between law enforcement and the protesters. LAPD policy states that officers are
allowed to use a baton to push the crowd, but only if the officer or another individual is
threatened or the crowd does not move. A less-lethal can be fired if it can be used safely
Sinistra was able to identify someone who seemed to be in charge and asked that officers
not fire so he could try to calm protesters. His goal was to stand in the street between the two
sides and appeal to the protesters. (Loranger, Esfandiary, and Alarcon 2020, 13-14)

12
After a short conversation, the officer told Sinistra that he was free to speak to the
protesters. (Loranger, Esfandiary, and Alarcon 2020, 14)
However, as Sinistra began to head back to the main group, he heard the sound of
weapons being discharged. Impact rounds were pelting him from the skirmish line. Officers and
deputies from the LAPD and Los Angeles Sheriff's Department began firing at him, hitting him
on the hip and stomach with 40mm foam rounds. (Loranger, Esfandiary, and Alarcon 2020, 14)
In his panic, Sinistra ran for cover. He found refuge behind a sidewalk bus shelter.
(Loranger, Esfandiary, and Alarcon 2020, 14)
Eventually, Sinistra emerged from cover and tried to rejoin the protesters while indicating
to the skirmish line that he was not a threat. In a video released by the LAPD, Sinistra, dressed in
black jeans and a sleeveless button-up shirt, can be seen in the middle of the intersection with his
hands up, facing the police. In the video, his palms are open above his head as he slowly backs
up. (Los Angeles Police Department 2020b, 5:58 - 6:35)
At the same time, the body camera footage captures an officer yelling, "Where's less
lethal?"
"Fire," yells an officer.
As law enforcement began to fire, Sinistra grabbed the left side of his head and fell
backward to the ground. As he curled up on the cement, the line advanced on him and the
protesters. (Los Angeles Police Department 2020, 5:58 - 6:35)
"I thought I fucking died. Everything went black in my left eye," Sinistra said.
Immediately, two people run to Sinistra and lift him to his feet before the three begin
running for cover. To this day, Sinistra still does not know who the two men were but wishes he

13
could thank them for helping him at that moment. (Los Angeles Police Department 2020b, 5:58 -
6:35)
As he found shelter from the police, Sinistra was surrounded by fellow protesters.
Sinistra had started bleeding from his left temple. Despite the people around him beginning to
panic, Sinistra stated that he automatically went into "Marine Corps combat mode" and began
instructing them on how to take care of wounds, telling them to use a scarf to apply pressure.

14
Chapter 5: Less-Lethal Weapons Through the Years

At the hospital, Sinistra was triaged and given a CT scan to assess the extent of his
injuries. (Loranger, Esfandiary, and Alarcon 2020, 15) The immediate physical injuries
amounted to numerous bruises from multiple shots, a wound to his left temple, his tailbone from
falling, and a brain bleed. (Loranger, Esfandiary, and Alarcon 2020, 14)
However, 15 months after his discharge from Cedars Sinai, Sinistra still struggles with
the long-term effects of his injuries, such as hearing loss, mental confusion, nausea when riding
in cars, and recurring dizziness. (Esfandiary, Alarcon, and Loranger 2020, 14) His dizziness was
so severe that he was given a cane upon discharge (Loranger, Esfandiary, and Alarcon 2020, 16),
which he still periodically uses today.
At the time of the 2020 protests, Sinistra was enrolled at the Los Angeles Recording
School, where he was studying music. (Loranger, Esfandiary, and Alarcon 2020, 16) But since
his injuries made even the simplest tasks difficult, he was forced to take a break.
"Everything I was learning was nearly impossible to retain. In terms of memory, I have a
hard time reading a book. I don't remember what I read by the second page," Sinistra said. "I
straight up forget my friend's names."
Aside from the physical effects, Sinistra had to learn how to rely on his friends and
family to handle even the simplest of tasks. The change was a difficult transition for the young
man who had always maintained a sense of independence and had just moved to his own
apartment. Something as simple as bringing
groceries to his house had become almost impossible for him to do alone.
Throughout the George Floyd protests, photos spread across social media showing the
risks of KIPs and how they can have severe effects. In Los Angeles, on Skid Row, a photo

15
showed a man experiencing homelessness in a wheelchair bleeding from the head after a KIP
struck him. (Rainey 2020) In Minneapolis, a photojournalist, Linda Tirado, lost her left eye after
being hit with a less-lethal round. (Baker et al., 2021)
Another lawsuit was filed by Benjamin Montemayor against the LAPD. Montemayor, a
filmmaker who lives in Los Angeles, was hit in the groin by a 40mm foam round during the
2020 George Floyd protests. The impact from the round caused damage to his testicles, requiring
emergency testicular surgery hours later. (Stormer, Hadsell, and Shanbhag 2021, 1-2)
The LAPD released bodycam footage of the shooting that shows Montemayor holding a
homemade banner with a friend when an officer suddenly takes it from the pair. Montemayor can
be seen trying to hold onto it before the officer grabs it away. A second officer can be seen in the
video pushing him back. (Los Angeles Police Department 2020b, 4:20 - 4:30)
According to the Complaint for Damages in the Montemayor lawsuit, “a third officer less
than ten feet away aimed his green 40mm launcher at Mr. Montemayor and intentionally shot
him in the groin with a high-speed plastic, hard foam projectile.” (Stormer, Hadsell, and
Shanbhag 2021, 1)
The result was immediate pain, and the complaint states that his right testicle had swollen
to the size of a grapefruit. (Stormer, Hadsell, and Shanbhag 2021, 12) Montemayor was taken to
the hospital, where medical personnel performed a scrotal ultrasound to determine the extent of
the injury. He was told there was a 50% chance of saving the right testicle and a 20% chance of
saving the left one. (Stormer, Hadsell, and Shanbhag 2021, 14)
He was rushed to surgery hours later in a procedure that involved “piecing

16
back together portions of his testicle which had exploded upon impact by the ‘pain compliance’
projectile when he was shot in the groin by the LAPD officer.” (Stormer, Hadsell, and Shanbhag
2021, 14)
The results of an injury from a kinetic projectile are not usually as extreme as in these
cases, but long-lasting effects can happen. These injuries are an issue that human rights
organizations have been trying to bring to light for years. In 2015, Amnesty International stated
that kinetic impact projectiles “many launched projectiles cannot be used safely as they are
inherently inaccurate and cannot be targeted to project force in accordance with human rights
standards.” (Amnesty International 2015), 17)
Casualties related to less-lethal weapons in crowd control situations can be traced back
decades. One example goes back to Boston after the Red Sox beat the New York Yankees in the
seventh game of the 2004 American League Championship Series. Boston fans, some of them
drunk, took to the streets in celebration. (Stone, Buchner, and Dash 2005, 1-8) 2)
As the celebration began to grow, the Boston Police Department responded to the
crowds. In response to the raucous fans, a Boston police officer fired a pepper ball round from
his FN303 launcher. However, the officer missed his target, an unidentified male, and hit
Victoria Snelgrove. A college sophomore who was standing across the street from Fenway Park,
talking with her friends. (Stone, Buchner, and Dash 2005, 2)
The projectile struck Snelgrove in the eye before fracturing and entering her brain, killing
her. (Stone, Buchner, and Dash 2005, 2)
In a 2017 study by the Physicians for Human Rights, researchers collected data ranging
from 1990 to 2017 to examine the effects of kinetic impact projectiles on the human body. The
study found that from a total of 1984 people, 53 died of their injuries, and 300 suffered

17
permanent disabilities. Out of all the injuries documented in the study, researchers found that
71% could be labeled as "severe." (Haar, Iacopino, Ranadive et al. 2017, 7)
Despite their description as less-lethal, advocates say that kinetic impact weapons are
unsuitable for crowd control situations and stating that “At close
ranges, levels of lethality and patterns of injury of some KIPs become similar to live
ammunition.” (Haar and Iacopino 2016, 93)
"Ten years ago, I would have been surprised at how many injuries I was finding, […] but
the more I've studied the more I'm not surprised," said Dr. Rohini J. Haar, one of the lead
researchers in the study, in an interview.
"Every time you look at crowd control weapons. You see that people [are] unnecessarily
injured. Large proportions of them."
Haar pointed to a few reasons that could lead to injuries from these weapons, including
the inaccuracy of less-lethal weaponry and a breakdown of training in real-life situations, such as
the George Floyd protests.
Even in the best circumstances, officers in the field may not follow department guidelines
as situations spin out of control. For example, the LAPD bans officers' targeting of the head or
neck, like with Sinistra.
According to Jorge Gonzalez, an attorney for the NLG, the City of Los Angeles has been
through protests in the past, but seems to make the same mistakes in how it handles protesters
and those expressing free speech.
One of the issues pointed out by Gonzalez was how the police treated entire crowds of
protesters like they were all complicit in the more serious crimes or resistance. Even though

18
Gonzalez recognizes some protesters may have been there with bad intentions, it does not justify
the mass arrests.
“If you've got a hundred people that are demonstrating, and 99 of them are peaceful and
one of them throws a bottle, that doesn't now convert the other 99 innocent people into legitimate
targets,” he said.
In the months after the George Floyd protests, advocates criticized law enforcement for
not following department procedures, how it handled crowds engaging in free speech, and how
police used less-lethal weapons on large groups.
“As lawyers, we don't accept the premise that the police are our enemy. We just don't.
We realize, and we acknowledge that the [police] do have the right to self-defense, but that's a
serious thing,” Gonzalez said. “They can't just throw it out there and say, ‘oh no, we’re under
attack. We’re the cops. We’re under attack, therefore we can do whatever.’”
“No, it has to be strategic. It has to be targeted and has to be in response to a legitimate
risk or threat to their safety.”
In 2021, the Los Angeles Board of Police Commissioners asked the National Policing
Institute to examine how the LAPD dealt with the protests. The Institute, known at the time as
the National Police Foundation, is a non-profit dedicated to advancing "policing through
innovation and scientific research."
In its evaluation, titled "A Crisis of Trust," the NPI reviewed LAPD's performance during
the protests– including how officers used less-lethal projectiles.
One of the report's findings stated that LAPD officials did not provide officers with
"contemporary" training on crowd management, mobile field force, supervision, de-escalation, or
use of less-lethal weapons before the protests. The Mobile Field Training Bulletin was the oldest

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and was last updated in 2006. The most recent, the Use of Force – Tactics Directive on Crowd
Management, Intervention, and Control, was last updated in 2016. (National Policing Institute
2021, 34)
According to Frank Straub, the Director of the Center for Mass Violence Response
Studies for the NPI, investigators compared the training standards that LAPD officers received to
other guidelines nationally and internationally to determine best practices. Although the NPI
found that not all policies were entirely outdated, not every officer had received updated training.
"What we found is munitions, your less-lethal weapons, […] may have been deployed by
individuals who hadn't had recent training," Straub said. "So, they may have not had training for
five years, ten years, fifteen years in some cases."
"And really, if you're going to be using those types of weapon systems, just like you
would your handgun, your patrol rifle, or shotgun, you should have, at a minimum, annual
training in those systems."
A separate independent review ordered by the Los Angeles City Council in June 2020
stated that the last training with 40mm rounds for officers not going through recruit training was
in 2018. (Chaleff 2021, 45)
One of the other findings by the NPI notes that documentation of deployment of less-
lethal ammunition during the protests is inconsistent. (National Policing Institute 2021, 34)
The report also states that the assessment team found that LAPD "officers would 'fill their
trunks' with less lethal munitions without any documentation of where they were being used, in
what scenarios, and who deployed them." Additionally, the report claims that breakdowns in
communication and command throughout the protests exacerbated the issue. (National Policing
Institute 2021, 34)

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Complicating the matter further is the lack of insight into the specifics of different
weapons and their exact abilities. Because private companies design most less-lethal weapons,
the weapon's schematics are not always released to the public. The lack of transparency means
that some of these tools are not tested to determine their full capabilities. So, the main record of
their speed, power, or physical effects is company brochures.
"The catalogs where they sell these things, […] a lot of times there's bragging about how
accurate they are at long distances, but I don't know, that's not the same as like a legal standard,
right? That's sales material," said Brian Castner, a Senior Crisis Advisor with Amnesty
International and weapons expert.
According to Castner, the confusion over the abilities of these weapons can make
attempts to develop guidelines outlining proper handling and use of kinetic impact weapons a
"guessing game." Even though some parts of the human body are apparent, like the head or neck,
there are potentially other vulnerable areas that are not as obvious. Castner also questioned the
accuracy of some of the less-lethal munitions.
Because of the differing standards and potential risks, some groups like the Police
Executive Research Forum (PERF) have called for research on each type of less-lethal weapon to
document how they work, capabilities and limitations, and risks to civilians or officers. PERF
recommended that the evaluations be done by academic experts and the U.S. Department of
Justice’s research branch, the National Institute of Justice. (Police Executive Resource Forum
2022, 35)
As different manufacturers develop their own less-lethal weapons, the standards for
distance and proper use can change depending on the unique model. According to Castner,

21
everything from the amount of gun powder used or the velocity of the muzzle can change how
projectiles fly through the air or their accuracy.
"We know that there are standards. For example, 'don't shoot that far away,' […], be at
least this [far away], but not more than that,' but those two numbers are going to be different for
every weapon," said Castner.
According to Straub, while training is an issue, another important factor is the rapidly
changing nature of protests like those in 2020 and how quickly officers must react. Even if an
officer follows proper guidelines, people can move in multiple directions to throw off an officer's
target.
"While you may have good appropriate target acquisition at the time that you're pulling
the trigger, in the time it takes for that projectile to get down range that person could have fallen.
They could have been pushed. They could be trying to run away. They could be moving towards
you," Straub said.
"So, now where you were aiming and where the projectile hits is different. So, it's a very
dynamic situation and so my sense is there's probably a variety of explanations as to why
unintended injuries occurred," Straub said.

22

Chapter 6: The Search for a Better Weapon

The quest to find a new way of policing is not a new goal and is one that law enforcement
has been trying to solve for decades. Even kinetic projectiles have been used by police through
the years as a way to handle suspects and crowds.
The first generation of weapons technologies deemed "non-lethal" was developed in the
1960s in response to the Civil Rights movement and protests against the Vietnam War. At the
time, chemical agents were still the most common alternative for officers, whose main option
was still firearms or batons. However, in a national debate sparked by two reports from
presidential commissions in 1968, calls for advancements in policing helped drive the
development of new tools for crowd control and alternatives to lethal weapons. (Davison 2006,
2)
The commissions’ reports and support for safer alternatives to traditional police tools
kicked off an era of innovation in searching for "non-lethal" weaponry. Nothing was off the
table, and researchers were encouraged to think outside of the box.
In his 1969 book, Riot Control – Material and Techniques, Rex Applegate, a former
American military officer, argued that the future of non-lethal weaponry was already being
developed. Applegate even compared these advances to Buck Rogers, the 20's Science Fiction
hero. (Davison 2006, 3)
During this time, kinetic impact projectiles became more popular and researched as a
potential alternative to traditional weapons.
In the early 1960s, British colonists used wooden bullets to shoot at rioters in Hong
Kong, Malaysia, and Singapore. By 1970, the British Army introduced and deployed new

23
projectiles made of hard rubber to quell protests in Northern Ireland. (Haar and Iacopino 2016,
23)
The United States also used rubber bullets during Vietnam War protests but stopped after
a death in 1971. (Haar and Iacopino 2016, 23)
Similarly, during the Vietnam War, the "stun-bag," a "shot-filled, pancake-shaped bag,"
was introduced to quell protests, to mixed results. A study conducted by the Army found that the
bag caused severe internal injuries but lacked the stopping power needed for crowd control. The
study would state that "the damage inflicted by the stun-bag is destructive without doing the job
for which the stun-bag was designed." (Brenda K. Thei, Ellsworth B. Shank, and Matthew J.
Wargovich 1974, xia)
The quest continued into the 90s when the LAPD was trying to find new ways to handle
crowd control in the aftermath of the Los Angeles Riots, resulting from the acquittal of four
officers charged with assault and excessive use of force against a motorist, Rodney King. Despite
video evidence showing King being beaten for close to 15 minutes, the officers were not found
guilty. The acquittal was another slight toward the African American community, who had
already suffered from years of racial discrimination and abuse by the LAPD. (Krbechek and
Bates 2017)
In the aftermath of the riots, Mayor Tom Bradley formed a commission, informally
referred to as the “Christopher Commission,” to review the LAPD, its internal structure, hiring
practices, and more. The report was titled the “Independent Commission on the Los Angeles
Police Department.”
The report found a number of issues with the LAPD, including messages sent using the
department’s internal messaging system, the Mobile Digital Terminal (MDTs). (Independent

24
Commission on the Los Angeles Police Department and Christopher 1991, iii) The report found
messages sent by officers that were “in sharp contrast to the LAPD’s official policy against
“racially or ethnically oriented remarks.’” (Independent Commission on the Los Angeles Police
Department and Christopher 1991, 73)
A review of the messages also revealed that a number of LAPD officers regularly used
excessive force against the public and ignored department guidelines. Furthermore, the report
stated that the excessive force was aggravated by “racism and bias.” (Independent Commission
on the Los Angeles Police Department and Christopher 1991, iii-iv)
Through interviews with witnesses, the review board also found a pattern of unjustified
stops of Black and Latino males. The report stated that the stops may be part of the LAPD’s style
of policing, but that the “practice, however, breeds resentment and hostility among those who are
its targets.” (Independent Commission on the Los Angeles Police Department and Christopher
1991, 77)
The result of the acquittal was one of the largest civil uprisings that the country had ever
seen. Over five days, there were more than 60 riot-related deaths– ten of them by police and
National Guardsmen, 2000 people injured, and more than 6000 people arrested. Additionally,
more than 1000 buildings were damaged over the course of the event, causing more than $1
billion in property damage. (Krbechek and Bates 2017)
And it led to manufacturers promoting their "crowd-control" weapons and ammunition,
framed as measures of public safety.
"It feels like being belted by a squash ball," said Herbert Danner, national sales manager
for Defense Technology Corp. of America, the current manufacturers of the eXact iMpact round,
in a 1992 Los Angeles Times article. (Murphy 1992)

25
He was promoting a new kinetic projectile known as the “knee knocker.” The 1 5/8-inch-
long cylindrical pellet was described as looking like "chunks of sausages" and fired from a
37mm gas gun. (Murphy 1992)
"They bounce up and hit the guys in the shins and knees. It gets their attention, and they
get out of there,” Danner continued. (Murphy 1992)
The article touting the success of the knee knockers came after LAPD officers used them
to break up what it described as "gang activity" at the corner of Florence and Normandie. This
encounter was the third time the bullets had been used in Los Angeles and were a part of a larger
initiative to implement the projectiles into the police department's arsenal. At the time, only 200
officers from the LAPD's Metropolitan Division were trained to use these projectiles. (Murphy
1992)
The incorporation of new weapons and technology in policing was supported by federal
programs that helped provide them with new tools.
One of the programs that supported this was the 1033 program, which allowed the U.S.
Department of Defense to transfer military equipment to local civilian police forces. The
program has been criticized in the past, and in 2014, President Barack Obama ordered a review
of the program and the weapons being transferred to local law enforcement. (Shalal and Holland
2014)
The program was initially enacted as part of the 1989 National Defense Authorization
Act. (ACLU 2014, 16)
In 1996, Congress voted to make the program permanent and expanded it to give priority
to anything that would help in response to “counterdrug and counterterrorism activities.” (ACLU
2014, 16)

26
According to Cyrus O’Brien, who has written about police militarization and was
previously a part of the ACLU, the militarization of police in the U.S. is more than having access
to military-style equipment but the mentality that has been present in law enforcement for
decades.
“Actually, it's the tactics and those ideologies that are most important in terms of thinking
about the police. As an occupying force, rather than as a force for public safety.” O’Brien said.
When LAPD Chief Daryl F. Gates approved the knee-knocker before he was forced to
retire for his handling of the Los Angeles Riots, his successor, Chief Willie L. Williams,
continued to embrace the new technology. (Murphy 1992)
Despite concerns about potential safety hazards, the LAPD assured residents that the
proper measures were being taken. (Murphy 1992)
"There is always a danger to any of these tools, but the dangers are minimal when they
are used properly," said Cmdr. Rick Dinse, who oversaw training for the LAPD in 1992. "There
has been significant training for the people who use them." (Murphy 1992)
However, in the years since the approval of the knee-knockers, the LAPD found itself
repeatedly scrutinized for how it implemented impact rounds in crowd control situations. Less-
lethal projectiles themselves were not approved for LAPD use until 2000 and only for the
Metropolitan Division.
After the 2000 Democratic National Convention, the LAPD faced lawsuits claiming it
violated the rights of protesters, reporters, and bystanders outside the Staples Center. In lawsuits,
victims claimed the LAPD fired upon them with beanbag munitions, stinger rounds, and hard
rubber bullets. The City of Los Angeles settled multiple lawsuits totaling $4.1 million, including

27
a class action suit. One of the lawsuits was filed by a woman who was struck in the eye and lost
vision in that eye. The case was settled for $1.4 million. (McGreevy 2004)
Police practices came under fire again in 2007 after the LAPD broke up a May Day
protest in MacArthur Park, where police used less-lethal projectiles and batons to disperse the
crowd. The result was a $13 million settlement for protesters and bystanders and new restrictions
on how the LAPD used less-lethal projectiles in crowd control situations. (Reston and Rubin
2009)
The fallout from the protest led to new policies regarding how less-lethal weapons were
used, such as restricting officers from firing on crowds that are retreating. Additionally, the
former chief of the LAPD, William Bratton announced that he removed two command-level
officers from their post, planned the suspension of 11 lower-ranking officers, and called for the
termination of four others for excessive use of force. (Reston and Rubin 2009)
In the aftermath of the George Floyd protests, the LAPD and politicians moved to
respond to criticisms of police response by community groups and after-action evaluations.
The United States Senate approved an amendment to the 1033 program which stopped
“transfers of bayonets, grenades other than stun and flash-bang grenades, weaponized tracked
combat vehicles and weaponized drones.” (Donnelly 2020) However, according to the Defense
Logistics Agency, tanks and drones were not suitable for transfer to law enforcement agencies
due to their “tactical military characteristics,” making the restrictions on bayonets the biggest
change. (DLA Disposition Services Public Affairs 2020)
On a state level, Governor Gavin Newsom signed into law Assembly Bill 48, which
places restrictions on less-lethal weapons at protests. The bill, authored by Lorena Gonzalez (D-

28
San Diego), requires law enforcement to try de-escalation tactics before they are allowed to use
projectile or chemical weapons. (Symon 2021)
Under the new law, the police must give crowds warnings, time to disperse and keep
harm to bystanders to a minimum. (Symon 2021)
In response to the three performance reviews of the LAPD during the protests, the
department developed an “After-action report implementation plan” that looked at criticism by
the National Policing Institute. Additionally, the plan looked at recommendations from the NPI’s
“Crisis of Trust” documents and laid out guidelines on how to implement them.
The recommendations include rebuilding trust between the LAPD and the community,
updates to training, and more.
In the report, the LAPD estimated that it would need about $12.5 million to implement
the training needed for its officers. Of that number, $461,850 was earmarked for less-lethal
munitions.” (Los Angeles Police Department 2021, 141)
Among the department's recommendations: “identify if additional product evaluations
need to be completed.” (Los Angeles Police Department 2021, 140). LAPD also called for
research on new technology for crowd control.
The plan was submitted to the Board of Police Commissioners on September 27, 2021,
and was approved for submission to the Los Angeles City Council. The plan, along with
acknowledgment of the three other reviews, was unanimously approved by the council in
January 2022.

29
Chapter Seven: A New Beginning

Sinistra has achieved some normalcy in the two years since his injury. He can now drive
a car again. He couldn’t even sit in a moving car in the early days without feeling motion
sickness.
Now, after months of physical therapy, he can do some physical activities, like
skateboarding. He has even been able to start going back to the gym and doing squats with a
barbell– with the help of his stepfather.
The cane that hangs in his room is used less and less and only remains as a precaution for
bad days.
Some things are still difficult. After a brief return to school, Sinistra decided to take
another break. During one semester, he received poor grades and realized he wasn’t ready to
return, even though he plans to in the future.
One of the lingering effects of the shooting was a sense of anxiety that he had trouble
shaking in public. Even though he knows the chances of another injury or incident are small, his
mind goes to the worst-case scenario.
"I would think things like, what are the chances this plane crashes? I already got shot in
the head,” Sinistra said.
Adding to the anxiety was the early response he received to his case. As news stories and
video footage went viral online, people took sides on the incident debating the merits of the
shooting online.
Some of the comments, such as those on YouTube, went beyond debating and veered into
straight-up threats: how he deserved to be shot, and that if Sinistra showed up in their town, he
would receive worse.

30
“Too bad it wasn't a live round. If a couple of these rioters got splashed, it would end this
nonsense,” said one person under an LA Times post showing the LAPD video.
“DemocRATs...rioting looting and burning down cities killing police officers killing
Americans killing businesses ALLOWED,” another commentator said.
Considering these times, Sinistra admits the response was draining and is one of the
reasons he limited his social media presence. “They accused me of being in Antifa or some
liberal leftist leader. It made me want to stay home,” he said.
But now, Sinistra said, he is recognized less often, and when people do recognize him,
they are usually supportive.
During this time, Sinistra legally changed his name from CJ Montano due to family
reasons and marked the occasion with a new tombstone tattoo with a death date of May 2020–
the day of his injury. A day he considers a “turning point.” (Rector 2022)
The lawsuit that Sinistra filed against the City of Los Angeles, the LAPD, and others, was
settled in June 2022 for $1.25 million, which the council approved in July. Unlike other
protestors and activist groups, Sinistra filed his own lawsuit. Class-action suits from other
protestors and activist groups, like Black Lives Matter Los Angeles, are still ongoing. (Rector
2022)
According to Monique Alarcon, the attorney who helped represent Sinistra, the
settlement will help him as he ages.
“In terms of health, there’s always a risk that health issues will occur earlier as he ages
due to the injury,” Alarcon said. “[For example], he’s at a potential risk of early onset of
dementia. Those are all potential risks due to his injury.”

31
The settlement ended with no fault admitted by the LAPD, but the Police Commission
found that two officers had broken policy when they shot Sinistra in the head. Additionally, the
board found that Sinistra was not a threat at the time of the shooting.
A sergeant that was involved in the case was also formally admonished for his
communication tactics, which the board stated added to the confusion at the scene. (Rector
2021)
Additionally, two officers were disciplined after it was determined that they fired the
beanbag rounds and 40mm impact rounds in a way that broke LAPD policy. LAPD Chief Michel
Moore punished some of the officers involved, which is confidential and protected under
California law. (Rector 2021)
“I’m honestly kind of relieved,” Sinistra said. “If it went to trial, I don’t know how
bumpy it could have been heading into the future. I don’t know how much they would dig into
my life.”
“I’m happy that it went the way that it did.”

32
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Abstract (if available)

Abstract In the summer of 2020, protestors took to the streets to protest the death of George Floyd. The high number of protests resulted in a significant response from law enforcement, who used a variety of tools to maintain crowd control. One category of tools that received attention nationwide was less-lethal weapons, specifically kinetic impact projectiles (KIPs). Less-lethal weapons are meant to incapacitate or stun without harm and offer a tool for officers and deputies in the field. However, in cities across the country, protestors and bystanders suffered injuries and criticized officers for an overly aggressive response to the demonstrations.
This thesis aims to research kinetic impact projectiles at protests and how the lasting effects. The report also looks at the history of less-lethal weapons to provide a large picture of how they have been used by law enforcement.
In compiling this report, the writer talked to protestors injured at the rallies, medical researchers who study injuries sustained by KIPS and those who study the weapons themselves. Additionally, we talked to experts who reviewed the LAPD and its conduct during the protests and incorporated their reports.
Even though new laws and regulations have been passed and discussed since the 2020 protests, there are still questions about using kinetic impact projectiles. This paper aims to spark discussion regarding the use of less-lethal weapons in crowd control situations and the policies that regulate their use.

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University of Southern California Dissertations and Theses

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Asset Metadata

Creator Green, Daniel John (author)

Core Title 40 grams: the impact of less-lethal weapons

School Annenberg School for Communication

Degree Master of Arts

Degree Program Specialized Journalism

Degree Conferral Date 2022-12

Publication Date 09/08/2022

Defense Date 09/08/2022

Publisher University of Southern California (original), University of Southern California. Libraries (digital)

Tag bean bag rounds,foam rounds,impact rounds,injuries,kinetic impact projectiles,Law enforcement,less-lethal,less-lethal projectiles,OAI-PMH Harvest,rubber bullets

Format application/pdf (imt)

Language English

Contributor Electronically uploaded by the author (provenance)

Advisor Tolan, Sandy (committee chair), Buchner, Brian (committee member), Winston, Diane (committee member)

Creator Email djgreen@usc.edu,greenjd88@gmail.com

Permanent Link (DOI) https://doi.org/10.25549/usctheses-oUC111939441

Unique identifier UC111939441

Legacy Identifier etd-GreenDanie-11193

Document Type Thesis

Format application/pdf (imt)

Rights Green, Daniel John

Type texts

Source 20220909-usctheses-batch-979 (batch), University of Southern California (contributing entity), University of Southern California Dissertations and Theses (collection)

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Repository Name University of Southern California Digital Library

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Repository Email cisadmin@lib.usc.edu