Brandon Ternand

Case #: 17PB2940
Police badge #: 2717
Download original case files
- 17PB2940_Decision.pdf
- 17PB2940_Charges.pdf

Recommendation Termination
Decision Return to duty
Length of process 11 months November 06, 2017 to October 11, 2018 Closed

Investigative Agency Not Specified

Charged with violating 3 rules on 5 counts

Show all counts


Rule 38	2 counts	Unlawful or unnecessary use or display of a weapon. Count 1 Not Guilty The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is not guilty of violating Rule 2 and Rule 38 in that the Superintendent did not prove by a preponderance of the evidence the following charges: On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Officer Brandon Ternand unlawfully and unnecessarily used and displayed his the weapon when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby: a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department; b. Violating Rule 38, unlawful or unnecessary use or display of a weapon. See the findings set forth in paragraph nos. 4 and 5 above, which are incorporated here by reference. Count 2 Not Guilty The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is not guilty of violating Rule 2, Rule 6, and Rule 38 in that the Superintendent did not prove by a preponderance of the evidence the following charges: On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Chicago, Officer Brandon Ternand, without justification, used force likely to cause death or great bodily harm without a reasonable belief that such force was necessary when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby: a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department; Police Board Case No. 17 PB 2940 Police Officer Brandon Ternand 5 b. Violating Rule 6, disobedience of an order or directive, whether written or oral, by disobeying General Order 03-02-03; and/or c. Violating Rule 38, unlawful or unnecessary use or display of a weapon. See the findings hereby paragraph no. 4 above, which are incorporated hereby reference.
Rule 6	1 count	Disobedience of an order or directive, whether written or oral. Count 1 Not Guilty The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is not guilty of violating Rule 2, Rule 6, and Rule 38 in that the Superintendent did not prove by a preponderance of the evidence the following charges: On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Chicago, Officer Brandon Ternand, without justification, used force likely to cause death or great bodily harm without a reasonable belief that such force was necessary when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby: a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department; Police Board Case No. 17 PB 2940 Police Officer Brandon Ternand 5 b. Violating Rule 6, disobedience of an order or directive, whether written or oral, by disobeying General Order 03-02-03; and/or c. Violating Rule 38, unlawful or unnecessary use or display of a weapon. See the findings hereby paragraph no. 4 above, which are incorporated hereby reference.
Rule 2	2 counts	Any action or conduct which impedes the Department's efforts to achieve its policy and goals or brings discredit upon the Department. Count 1 Not Guilty The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is not guilty of violating Rule 2 and Rule 38 in that the Superintendent did not prove by a preponderance of the evidence the following charges: On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Officer Brandon Ternand unlawfully and unnecessarily used and displayed his the weapon when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby: a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department; b. Violating Rule 38, unlawful or unnecessary use or display of a weapon. See the findings set forth in paragraph nos. 4 and 5 above, which are incorporated here by reference. Count 2 Not Guilty The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is not guilty of violating Rule 2, Rule 6, and Rule 38 in that the Superintendent did not prove by a preponderance of the evidence the following charges: On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Chicago, Officer Brandon Ternand, without justification, used force likely to cause death or great bodily harm without a reasonable belief that such force was necessary when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby: a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department; Police Board Case No. 17 PB 2940 Police Officer Brandon Ternand 5 b. Violating Rule 6, disobedience of an order or directive, whether written or oral, by disobeying General Order 03-02-03; and/or c. Violating Rule 38, unlawful or unnecessary use or display of a weapon. See the findings hereby paragraph no. 4 above, which are incorporated hereby reference.

Rule 38

2 counts

Unlawful or unnecessary use or display of a weapon.

Count 1 Not Guilty: The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is
not guilty of violating Rule 2 and Rule 38 in that the Superintendent did not prove by a
preponderance of the evidence the following charges:
On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Officer Brandon Ternand unlawfully and unnecessarily used and displayed his
the weapon when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby:
a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to
achieve its policy and goals or brings discredit upon the Department;
b. Violating Rule 38, unlawful or unnecessary use or display of a weapon.
See the findings set forth in paragraph nos. 4 and 5 above, which are incorporated here by reference.
Count 2 Not Guilty: The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is
not guilty of violating Rule 2, Rule 6, and Rule 38 in that the Superintendent did not prove by a preponderance of the evidence the following charges:
On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Chicago, Officer Brandon Ternand, without justification, used force likely to cause death or great bodily harm without a reasonable belief that such force was necessary when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby:
a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to
achieve its policy and goals or brings discredit upon the Department;
Police Board Case No. 17 PB 2940
Police Officer Brandon Ternand
5
b. Violating Rule 6, disobedience of an order or directive, whether written or oral, by
disobeying General Order 03-02-03; and/or
c. Violating Rule 38, unlawful or unnecessary use or display of a weapon.
See the findings hereby paragraph no. 4 above, which are incorporated hereby
reference.

Rule 6

1 count

Disobedience of an order or directive, whether written or oral.

Rule 2

2 counts

Any action or conduct which impedes the Department's efforts to achieve its policy and goals or brings discredit upon the Department.

Count 1 Not Guilty: The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is
not guilty of violating Rule 2 and Rule 38 in that the Superintendent did not prove by a
preponderance of the evidence the following charges:
On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Officer Brandon Ternand unlawfully and unnecessarily used and displayed his
the weapon when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby:
a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to
achieve its policy and goals or brings discredit upon the Department;
b. Violating Rule 38, unlawful or unnecessary use or display of a weapon.
See the findings set forth in paragraph nos. 4 and 5 above, which are incorporated here by reference.
Count 2 Not Guilty: The Respondent, Police Officer Brandon Ternand, Star No. 2717, charged herein, is
not guilty of violating Rule 2, Rule 6, and Rule 38 in that the Superintendent did not prove by a preponderance of the evidence the following charges:
On or about November 8, 2012, at approximately 3:34 p.m., at or near 6727 South Indiana Avenue, Chicago, Officer Brandon Ternand, without justification, used force likely to cause death or great bodily harm without a reasonable belief that such force was necessary when he fired one or more shots at a minor during a foot chase, hitting the minor once in the back of the head, thereby:
a. Violating Rule 2, any action or conduct which impedes the Department’s efforts to
achieve its policy and goals or brings discredit upon the Department;
Police Board Case No. 17 PB 2940
Police Officer Brandon Ternand
5
b. Violating Rule 6, disobedience of an order or directive, whether written or oral, by
disobeying General Order 03-02-03; and/or
c. Violating Rule 38, unlawful or unnecessary use or display of a weapon.
See the findings hereby paragraph no. 4 above, which are incorporated hereby
reference.

Board Member Votes & Decisions

Majority Decision

5 agreed

Agreed with the final decision of the board

3 disagreed

Disagreed with the final decision of the board

0 did not vote

Did not vote or were not present for voting

The Police Board of the City of Chicago, having read and reviewed the record of
proceedings, in this case, having viewed the video-recording of the testimony of the witnesses, having received the oral report of the Hearing Officer, and having conferred with the Hearing Officer on the credibility of the witnesses and the evidence, hereby adopts the findings set forth herein by the following votes:
By a vote of 5 in favor (Eva-Dina Delgado, John P. O’Malley Jr., John H. Simpson, Rhoda
D. Sweeney, and Andrea L. Zopp) to 3 opposed (Ghian Foreman, Paula Wolff, and Michael
Eaddy), the Board finds the Respondent not guilty of violating Rule 2, Rule 6, and Rule 38
as set forth in paragraph no. 5 above; and
By a vote of 5 in favor (Delgado, O’Malley, Simpson, Sweeney, and Zopp) to 3 opposed
(Foreman, Wolff, and Eaddy), the Board finds the Respondent not guilty of violating Rule 2
and Rule 38 as set forth in paragraph no. 6 above.
NOW THEREFORE, IT IS HEREBY ORDERED that the Respondent, Police Officer
Brandon Ternand, Star No. 2717, as a result of having been found not guilty of all charges in
Police Board Case No. 17 PB 2940, be and hereby is restored to his position as a police officer with the Department of Police, and to the services of the City of Chicago, with all rights and benefits, effective November 23, 2017.
This disciplinary action is adopted and entered by a majority of the members of the Police
Board: Eva-Dina Delgado, John P. O’Malley Jr., John H. Simpson, Rhoda D. Sweeney, and
Andrea L. Zopp. (Board Member Steve Flores recused himself from this case pursuant to §2-
78-130(a)(iii) of the Municipal Code of Chicago.)
DATED AT CHICAGO, COUNTY OF COOK, STATE OF ILLINOIS, THIS 11th DAY
OF OCTOBER, 2018.