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Police Board Rules Officers Will Not Be Disciplined For Searching, Handcuffing 10-Year-Old Boy Who Ended Up Urinating In Pants

CHICAGO (CBS) -- Two Chicago Police officers who searched and handcuffed a 10-year-old boy will not face suspension as recommended by the Civilian Office of Police Accountability.

The incident happened back in 2018 on the city's West Side. The boy ended up urinating on himself.

On May 31, 2018, Chicago Police were called to the 1100 block of South Kedzie Avenue in the Lawndale neighborhood for a boy between 10 and 12 years old with a gun.

Upon arriving, officers found a 10-year-old boy who matched the description provided by dispatchers, COPA said. The officers tried to detain the boy, and after a brief foot chase, they handcuffed, searched, and detained him for about 17 minutes, COPA said.

The boy became so scared that he urinated in his sweat pants, CBS 2 Investigator Dave Savini reported.

No gun was found.

COPA became aware of the incident on June 8, 2018 following a review of news reports. The office had recommended that two officers involved – identified only by last name as Spicuzza and Garduno – be suspended for 30 days and required to participate in related training.

But police Supt. David Brown disagreed, and his decision was upheld by the vote of a single Police Board member on Thursday night, COPA said.

"We are disappointed by the decision overturning COPA's findings and recommendations in this case, but remain steadfast in our commitment to accountability of law enforcement officers," COPA Chief Administrator Sydney Roberts said in a news release. "While COPA values the member's review and conclusion, it maintains that the officer's prolonged restraint of this child, after he was searched, demonstrated he was not armed, could no longer present any threat and was experiencing emotional and physiological trauma is unacceptable and in violation of CPD policy. The long-standing practice of the Chicago Police Department to keep persons who are no longer a threat and have demonstrably committed no criminal offense restrained must cease. It can no longer be considered an acceptable police practice."

COPA's findings and recommendations are reflected in a Summary Report of Investigation they posted on the organization website.

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