Friday Night Arrest Incident Under Investigation
July 11, 2020 -- For Immediate Release
DUBUQUE, Iowa – Following the distribution of videos on social media, the Dubuque Police Department initiated an internal investigation into an arrest made at approximately 9:30 p.m. on Friday, July 10, 2020, on E. 16th Street.
The process for such investigations is designed to respond appropriately to allegations of misconduct by the department or its employees and to complaints about the department’s response to community needs while providing the necessary due process afforded employees.
“The City is aware of the concerns related to this incident and we want to assure the community that the City is taking action and is committed to a thorough investigation into the conduct of all involved,” said Dubuque City Manager Mike Van Milligen. “Now, as always, we need open and ongoing communication to ensure that community members of color are heard and feel safe in interactions with law enforcement.”
Police approached Yoosuf Moment, age 41, of Dubuque, after he was observed operating a vehicle with no license plates. Mr. Moment was known to be barred from driving in Iowa. When informed he was going to be arrested, Mr. Moment resisted arrest and pepper spray was used. No other force was used other than pepper spray and the officer(s) trying to secure Mr. Moment’s arms. Mr. Moment then presented seizure-like symptoms and the officer immediately requested an emergency response from an ambulance.
Mr. Moment was treated at the scene by Dubuque Fire Department paramedics and then transported to a local hospital where he was treated and released. He was then returned to police custody and was cited for Driving While Barred and Interference of Official Acts and released.
A 17-year-old male in Mr. Moment’s vehicle was also taken into custody for Interference with Official Acts and possession of more than one ounce of marijuana. The juvenile was released to a parent.
Videos of the arrest taken by witnesses are circulating on social media. All police dash camera and body camera footage, as well as public video, will be reviewed as part of the investigation of the incident.
The investigation of the incident will review all aspects of the interaction, including verification of probable cause for the traffic stop and subsequent arrests, use of force, and emergency medical care provided to the individual.
Witnesses who are willing to provide information and/or video of the incident or anyone with additional information is encouraged to contact the City of Dubuque. Contact may be made directly with the Dubuque Police Department at 563.589.4410 or police@cityofdubuque.org. Anyone uncomfortable contacting the police directly should contact City of Dubuque Human Rights Director Kelly Larson at 563.564.5807 or klarson@cityofdubuque.org. Moment and the juvenile involved will be provided information on their right to file a complaint with the Dubuque Community Police Relations Committee, the Dubuque Police Department, and/or the Iowa Civil Rights Commission.
Except when extenuating circumstances exist, the internal affairs investigations within the Dubuque Police Department should be completed within ninety (90) days with status reports due every thirty (30) days. If it becomes apparent that an internal affairs investigation will take longer than 90 days, it can be extended by thirty (30) day increments, as necessary, with a status report upon the completion of each additional thirty (30) day extension. The complainant, police chief, and subject(s) of the investigation shall be notified if the investigation is extended.
At the conclusion of any disciplinary investigative process regarding allegations of police misconduct, information is to be provided to all participants classifying the allegations as one of the following:
Proper conduct: The allegation is not substantiated and the action of the officer(s) was consistent with policy.
Improper conduct: The allegation is substantiated and the action of the officer(s) was inconsistent with policy.
Policy failure: The allegation is substantiated but the action was not inconsistent with policy and the policy needs review.
Insufficient evidence: There is insufficient proof to confirm or refute the allegation.
Unfounded: Either the allegation is false or there is no credible evidence to support the allegation.
The City will provide updates when additional information on the incident is cleared for disclosure.
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