why does the county attorney take so long to investigate an officer involved shooting?

What is the investigation process for an officer involved shooting?

To demonstrate the level of investigation, review, evaluation, and actions our Department takes when an officer involved shooting occurs, an overview of the process is provided below: Homicide Detail detectives, field supervisors, and departmental managers immediately respond to the scene to begin an investigation.

What happens to officers who are involved in a shooting?

Officer Mental Health and Wellness An officer-involved shooting is perhaps the most traumatic event an officer will encounter during service. Such incidents trigger complex psychological and emotional effects; all too often, the normal coping strategies employed by individuals are inadequate for such an extreme event.

What is the California Department of Justice doing to investigate officer-involved shootings?

The California Department of Justice will investigate and review for potential criminal liability all such incidents covered under AB 1506, as enacted in California Government Code section 12525.3. When an officer-involved shooting occurs, transparent and open communication is critical to maintain public trust.

What should the involved officer be aware of during an investigation?

The involved officer should also be aware of emergency medical personnel and firefighters as they arrive, as they who may unknowingly move or even inadvertently destroy evidence while performing their duties. Officer-Involved hootings A Guide for Law Enforcement Leaders 10 Principal among evidentiary items are firearms.

Who is responsible for making the final determination whether an officer involved in a shooting is within department policy?

The Chief of Police will be presented with the Shooting Review Board recommendations separately. The Chief is responsible for making the final determination whether an officer involved shooting is within department policy. If the Chief of Police determines the shooting may not meet LBPD Policy, the case will be sent to the Internal Affairs Division.

What happens if an officer refuses to provide a voluntary statement to detectives about the shooting?

If an officer invokes his or her right against self-incrimination and refuses to provide a voluntary statement to detectives about the shooting, they can be compelled to make a statement that can only be used for the internal administrative investigation, and will not be admissible in court in a criminal investigation.

What happens if the Chief of Police determines the shooting may not meet the LBPD policy?

If the Chief of Police determines the shooting may not meet LBPD Policy, the case will be sent to the Internal Affairs Division. The Internal Affairs case will later be presented to the Chief of Police and his executive team.

What are the duties of an investigating officer?

At the initial scene, officers are assigned to locate any potential witnesses from every residence or business within a reasonable area. Investigating officers interview potential witnesses, obtain statements and secure surveillance video that may have captured portions of the incident.

Why is the officer isolated from others?

At the scene, the officer involved in the shooting is isolated from others to preserve the integrity of his or her statement. An officer discharging his or her weapon is a traumatic event. A peer officer, who has no involvement in the incident whatsoever, is assigned to the officer to help monitor their wellbeing and to ensure ...

How long does it take for a police officer to release a weapon?

The weapon is test fired to ensure it is functioning properly and for analysis by a forensic specialist. A press release will typically be issued within 24 hours of the incident.

Do LBPD officers write police reports?

The officer is asked to file a police report and put their statements in writing. LBPD officers have voluntari ly written reports and made statements to detectives in the presence of their attorney for decades. The officer’s weapon is collected and retained by Homicide detectives.

News Media Are Proactively Notified & Provided Timely Communications About the Incident

The LMPD Media and Public Relations Office proactively notifies the news media of an officer-involved incident in order for them to respond to the scene.

Independent Investigation of the Deceased by the Jefferson County Coroner's Office

A deputy Jefferson County Coroner responds to the location of the deceased and conducts an independent investigation of the body.

A Forensic Investigation of Non-Fatal Officer Involved Shootings by Forensic Physician

The forensic physician is used if the shooting does not result in a death.

Independent Review by the Office of the Commonwealth's Attorney

The Office of the Commonwealth’s Attorney reviews the investigation to determine if further investigation is needed and/or if criminal charges are required.

Independent Review by a Grand Jury

If the Office of the Commonwealth's Attorney determines charges may be necessary, they will present the case to the Grand Jury for possible indictment.

Psychological Evaluation & Peer Counseling

In every case, the involved officer is relieved from duty to provide an opportunity for peer counseling and a psychological evaluation.

Independent Review by the Citizens Commission on Police Accountability

The completed investigation is presented for external review by the Citizens Commission on Police Accountability:

How long should an Ocer interview be?

Some LEAs require these interviews to be conducted as soon as is practical. The IACP Police Psychological Services Section recommends delaying personal interviews from 48 to 72 hours in order to provide the ocer with sucient recovery time to help enhance recall. This interval is particularly recommended for ocers who were directly involved in the shooting, but it may also be necessary for ocers who witnessed the incident but did not discharge their firearms.

What is OIS in police?

Ocer-involved shootings (OIS) are emotionally charged events. These incidents require rapid re-sponse, leaving little time for deliberation. Therefore, it is important for a law enforcement agency (LEA) to prepare police ocers in advance for the physical and emotional reactions they may experience in such an incident, so that they will be better prepared to handle the situation. Ocers should also be familiar with standard post-shooting investigative protocols so that they will be equipped to assist in these efforts.

What is the role of Ocer in an incident?

By remaining at the scene, the ocer can summon backup, await emergency medical assistance, assist the injured, protect evidence, and identify witnesses. Instead of pursuing the subject, the ocer should provide the agency’s communication center with information on any subject or sus-picious persons who may have left the area, including their physical description, mode and direction of travel, and whether they were armed.

How does social media help police?

Social media allows for valuable information to be shared directly and quickly between the police and citizens. During the chaos and terror of the Boston Marathon bombing event, the Boston Police Department used Twitter to provide citizens with accurate and up-to-date information. The citizens referred to the police department’s tweets over the media’s coverage of the event, as much of the media’s information was inaccurate.9 This shows the level of trust that can be attained between a police department and its community through effective use of social media. In the case of an ocer-involved shooting incident, in order for social media to truly assist both the police and the public, it needs to be responsive and current. False or incorrect statements made via social media can be very damaging.10 Departments should prohibit involved ocers from referring to the incident on social media venues such as Facebook and Twitter while the investigation remains active and should ensure all information comes from the ocial spokesperson for the agency. The department should also remind ocers of the potential risks of merely viewing social media, as there is likely to be negative commentary, which may complicate post-incident thoughts and emotions.

What is the first priority of an Ocer?

The safety and well-being of the involved ocer(s) and innocent bystanders is the first priority. On-scene personnel should ensure that the subject is not a threat, to include disarming, handcung, or otherwise securing the person. An ocer should never assume that because a subject has been shot or otherwise incapacitated, he or she is unable to take aggressive action. Ocers should render medi -cal aid as circumstances allow and to the degree reasonably possible, pending the arrival of trained medical personnel. Ocers should handcuff all suspects, unless doing so would hinder the performing of emergency life-saving activities; in this event, an armed ocer must be present at all times. Ocers must secure in place all firearms and other weapons in the vicinity. If an ocer must physically secure a weapon, its exact position should be marked. Ocers must secure in place all firearms and other weap-ons in the vicinity, marking their exact positions.

How does media relations help law enforcement?

It is vital for every law enforcement agency to have an established media-relations function and a writ-ten policy governing the agency’s media relations . A written policy is critical to ensuring that all agency employees understand the importance of good media relations and the importance of the role they play. Effective media relations will help build positive community relations, which will translate into public support for the agency. The development and adoption of procedures for addressing an incident with the aid of the media cannot wait until an incident occurs that garners widespread public attention. The history of a law enforcement agency within the community will also determine, to a large degree, how the public reacts to a single incident. Mitigation of negative effects of an ocer-involved shooting must begin far in advance of the incident by establishment of positive police-community relations in partnership with sources of community influence such as the media.

What is a PIO?

A public information ocer (PIO) or other designated staff should be prepared to address critical incidents involving the department. Staff assigned to this role should be aware of the considerable sensitivities surrounding an ocer-involved shooting and be prepared to provide consistent messag-ing throughout the incident and in its aftermath. See Section III on page 15 for a detailed discussion of media considerations.