Tulsa Police on protests: One violent or unlawful act is cause to tear gas those who won't leave

A few people — or even just one — acting violently or unlawfully during a protest can subject the entire assembly to the use of chemical irritants, Tulsa police said Tuesday during a meeting.

Two Tulsa Police Department supervisors gave a presentation at the Mayor’s Police and Community Coalition that touched on general strategies about how the department handled recent local demonstrations, but neither would discuss specifics of the officers’ use of tear gas against protesters.

Capt. Jacob Johnston said all participants of a demonstration are at risk of exposure to chemical irritants if they don’t follow police orders to vacate the area because of the actions of others who act violently or unlawfully. 

He said peaceful protesters, bystanders and journalists must understand that they are part of the whole assembly and become subject to tear gas or pepper balls when police label a protest as unlawful.

“It’s kind of like the whole classroom is getting punished because a few kids are acting up,” Johnston said.

Lt. Todd Taylor, joining virtually, later added that one person in a crowd can ruin it for everybody.

Johnston said an assembly must become unlawful before police deploy chemical munitions. He said that if members of a protest begin throwing rocks, breaking windows or otherwise acting unlawfully, then police will announce — if feasible — that the crowd needs to leave before using tear gas or pepper spray to disperse it.

On the night of May 31, a local activist reported that some people started throwing water bottles at officers, prompting police to use pepper balls and tear gas near 36th Street and Peoria Avenue about 10 p.m..

A Tulsa World reporter asked Maj. Thaddeus Espy — the other presenter Tuesday — whether tear gas is an appropriate response to thrown water bottles or rocks.

Espy said he was at the command post and not at the scene, so he couldn’t speak to the decision-making process of officers who were there.

“The purpose of this was more general in nature,” Espy said of the Mayor’s Police and Community Coalition presentation, directing specific questions to public information officers.

The Tulsa World reported instances in which police used tear gas but livestreaming video didn’t capture and World reporters did not witness specific acts of violence from people protesting the killing of George Floyd by Minneapolis police.

However, there were other instances in which World reporters saw or video footage captured some people throwing rocks or water bottles toward police, as well as property destruction.

Late on the night of June 2, officers classified a gathering as an unlawful assembly once they determined that the group wouldn’t follow their commands to move out of the roadway at 71st Street and Memorial Drive.

Police deployed tear gas about 36 minutes into the World’s live broadcast of the situation after officers repeatedly told protesters to move toward the sidewalks rather than occupy the intersection. The protesters, largely teenagers, weren’t seen throwing objects in the direction of police.

Espy said he didn’t know specifics but that sometimes with a large crowd it’s difficult to see what is happening on all sides.

“I am confident that force is never utilized — including (chemical irritants) — unless there is a precipitating event,” Espy said.

Editor's note: This story was edited after publication to clarify a statement from Capt. Johnston regarding who is subject to the use of chemical irritants during Tulsa Police protest response.

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