Policy
306
Richmond Police Department
Richmond PD CA Policy Manual
Officer-Involved Shootings and Deaths
306.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of another action of an officer.
In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy.
306.2 POLICY
The policy of the Richmond Police Department is to ensure that officer-involved shootings and other incidents investigated under the Law Enforcement Involved Fatality (LEIF) protocol are investigated in a thorough, fair, and impartial manner. 306.3 INVESTIGATION RESPONSIBILITY
This department conforms to the Officer Involved Shooting/Fatal Incident Protocol for investigating officer-involved shootings.
306.4 TYPES OF INVESTIGATIONS
Officer-involved shootings and LEIF incidents involve several separate investigations. The investigations may include:
(a) A criminal investigation of the incident by the agency having jurisdiction where the incident occurred. This department may relinquish its criminal investigation to an outside agency with the approval of the Chief of Police or a Division Commander (b) A criminal investigation of the involved officer(s) conducted by an outside agency (c) A civil investigation to determine potential liability conducted by the involved officer's agency
(d) An administrative investigation conducted by the involved officer's agency, to determine if there were any violations of department policy 306.5 JURISDICTION
Jurisdiction is determined by the location of the shooting or LEIF incident and the agency employing the involved officer(s). The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and LEIF incidents:
306.5.1 RICHMOND POLICE DEPARTMENT OFFICER WITHIN THIS JURISDICTION The Richmond Police Department is responsible for the criminal investigation of the suspect's actions, the civil investigation, and the administrative investigation. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office.
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Officer-Involved Shootings and Deaths
306.5.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION The Richmond Police Department is responsible for the criminal investigation of the suspect's actions. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office. The officer's employing agency will be responsible for any civil and/or administrative investigation(s).
306.5.3 RICHMOND POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION The agency where the incident occurred has criminal jurisdiction and is responsible for the criminal investigation of the incident. That agency may relinquish its criminal investigation of the suspect(s) to another agency. The Richmond Police Department will conduct timely civil and/or administrative investigations.
306.5.4 INVESTIGATION RESPONSIBILITY MATRIX
The following table identifies the possible scenarios and responsibilities for the investigation of officer-involved shootings:
Criminal
Investigation of
Suspect(s)
Criminal
Investigation of
Officer(s)
Civil Investigation Administrative
Investigation
RPD Officer in This
Jurisdiction
RPD Investigators District Attorney's
Office
RPD Civil Liability
Team
RPD Office of
Professional
Accountability
Allied Agency's
Officer in This
Jurisdiction
RPD Investigators District Attorney's
Office
Involved Officer's
Department
Involved Officer's
Department
RPD Officer in
Another
Jurisdiction
Agency where
incident occurred
Decision made
by agency where
incident occurred
RPD Civil Liability
Team
RPD Office of
Professional
Accountability
306.6 INVESTIGATION PROCESS
The following procedures are guidelines used in the investigation of an officer-involved shooting or death.
306.6.1 DUTIES OF INITIAL ON SCENE SUPERVISOR
Upon arrival at the scene of an officer-involved shooting, the first uninvolved supervisor should:
(a) Take all reasonable steps to obtain emergency medical attention for all apparently injured individuals.
(b) Attempt to obtain a brief overview of the situation from any non-shooter officer(s).
1. In the event that there are no non-shooter officers, the supervisor should attempt to obtain a brief voluntary overview from one shooter officer. (c) If necessary, the supervisor shall administratively order any officer from this department to immediately provide public safety information necessary to secure the scene and pursue suspects.
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Officer-Involved Shootings and Deaths
1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of shots fired, parameters of the incident scene, the identity of known witnesses, and similar information. (d) Absent a voluntary statement from any officer(s), the initial on-scene supervisor should not attempt to order any officer to provide other than public safety information. (e) Provide all available information to the Watch Commander and Communications Center. If feasible, sensitive information should be communicated over secure networks.
(f) Take command of and secure the incident scene with additional personnel until relieved by a detective supervisor or other assigned personnel. (g) As soon as practical, shooter officers should respond or be transported (separately, if feasible) to the station for further direction.
1. Each involved officer should be given an administrative order not to discuss the incident with other involved officers pending further direction from a supervisor.
2. When an officer's weapon is taken or left at the scene (e.g., evidence), the officer will be provided with a comparable replacement weapon or transported to the station by other officers.
306.6.2 WATCH COMMANDER DUTIES
Upon learning of an officer-involved shooting, the Watch Commander shall be responsible for coordinating all aspects of the incident until relieved by the Investigations Division Commander. 306.6.3 NOTIFICATIONS
The following person(s) shall be notified as soon as practical:
• Chief of Police
• Assistant Chief of Police
• Investigations Bureau Commander
• Operations Bureau Commander
• District Attorney OIS/Fatal Incident Team
• Office of Professional Accountability Manager
• Chairperson of Use of Force Review Board
• Civil Liability Response Team
• Psychological/Peer support personnel
• Coroner (if necessary)
• Officer representative (if requested)
All outside inquiries about the incident shall be directed to the Watch Commander.
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Officer-Involved Shootings and Deaths
306.6.4 MEDIA RELATIONS
A single press release shall be prepared with input and concurrence from the supervisor and agency representative responsible for each phase of the investigation. This release will be available to the Watch Commander, Investigative Services Division Commander and Public Information Officer in the event of inquiries from the media.
It will be the policy of this department to not release the identities of involved officers absent their consent or as required by law. Moreover, no involved officer shall be subjected to contact from the media (Government Code § 3303(e)) and no involved officer shall make any comments to the press unless authorized by the Chief of Police or a Division Commander.
Law enforcement officials receiving inquiries regarding incidents occurring in other agency jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 306.6.5 INVOLVED OFFICERS
Once the involved officer(s) have arrived at their debriefing location, the Watch Commander should admonish each officer that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved officer:
(a) Any request for department or legal representation will be accommodated, however, no involved officer shall be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report (Government Code § 3303(i)).
(b) Discussions with licensed attorneys will be considered privileged as attorney-client communications.
(c) Discussions with department representatives (e.g., employee association) will be privileged only as to the discussion of non-criminal information. (d) A psychotherapist shall be provided by the Department to each involved officer, or any other officer, upon request.
1. Interviews with a licensed psychotherapist will be considered privileged and will not be disclosed except to the extent that the officer is or is not fit for return to duty.
2. An interview or session with a licensed psychotherapist may take place prior to the involved officer providing a formal interview or report, but the involved officers shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. (e) Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer.
Care should be taken to preserve the integrity of any physical evidence present on the officer's equipment or clothing, such as blood or fingerprints until investigators or lab personnel can properly retrieve it.
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Officer-Involved Shootings and Deaths
Detectives shall make reasonable accommodations to the officer's physical and emotional needs (Government Code § 3303(d)).
Each involved officer shall be given 3 consecutive days of paid administrative leave following an officer-involved shooting. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave. If an officer needs additional days he/she shall be allowed that time off at the discretion of the Chief of Police. 306.6.6 NOTIFICATION TO DEPARTMENT OF JUSTICE
The California Department of Justice (DOJ) is required to investigate an officer-involved shooting resulting in the death of an unarmed civilian. The Investigations Division Commander should promptly notify the DOJ in all incidents involving an officer-involved shooting resulting in the death of an unarmed civilian, including where it is undetermined if the civilian was unarmed.
For purposes of notification, "unarmed civilian" means anyone who is not in possession of a deadly weapon (Government Code § 12525.3).
306.7 CRIMINAL INVESTIGATION
The District Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death.
If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations.
Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and complete their interviews.
The following shall be considered for the involved officer:
(a) RPD supervisors and Office of Professional Accountability personnel should not participate directly in any voluntary interview of RPD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry.
(b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of the officer's choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed. (c) If any involved officer is physically, emotionally, or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview.
(d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents.
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Officer-Involved Shootings and Deaths
306.7.1 DETECTIVE PERSONNEL
Once notified of an officer-involved shooting, it shall be the responsibility of the Investigations Division supervisor to assign appropriate detective personnel to handle the investigation of related crimes. Detectives will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office.
All related departmental reports except administrative and/or privileged reports will be forwarded to the designated detective supervisor for approval. Privileged reports shall be maintained exclusively by those personnel authorized such access. Administrative reports will be forwarded to the appropriate Division Commander.
306.7.2 REPORTS BY INVOLVED OFFICERS
In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)).
While the involved officer may write the report, it is generally recommended that such reports be completed by assigned investigators who should interview involved officers as victims/witnesses.
Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by involved suspects. Care should be taken not to duplicate information provided by involved officers in other reports.
Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report.
Reports related to the prosecution of criminal suspects will be processed according to normal procedures, but should also be included for reference in the investigation of the officer-involved shooting.
306.7.3 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an officer-involved shooting or other major incidents may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following:
(a) Identify all persons present at the scene and in the immediate area.
1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.
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of identification, officers should attempt to identify the witness prior to his/her departure.
(b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel.
1. A written, verbal, or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation.
(c) Assign available personnel to promptly contact the suspect's known family and associates to obtain any available and untainted background information about the suspect's activities and state of mind prior to contact with officers. 306.8 ADMINISTRATIVE INVESTIGATION
In addition to all other investigations associated with an officer-involved shooting, this department will conduct an internal administrative investigation to determine conformance with department policy. This investigation will be conducted under the supervision of the Office of Professional Accountability and will be considered a confidential peace officer personnel file. (a) Any officer involved in a shooting may be administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency.
(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer.
1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his or her prior statement before proceeding with any subsequent interview(s) (Government Code § 3303(g)) (c) In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information.
1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer'(s) physical and psychological needs have been addressed before commencing the interview.
2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview (Government Code § 3303(i)).
However, in order to maintain the integrity of each individual officer's statement, the involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed.
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3. Administrative interview(s) should be recorded by the investigator (the officer may also record the interview) (Government Code § 3303(g)).
4. The officer shall be informed of all constitutional Miranda rights (Government Code § 3303(h)) and, assuming no voluntary waiver, will then be given an administrative order to provide full and truthful answers to all questions (Government Code § 3303(e)). The officer shall be informed, however, that the interview will be for administrative purposes only and that the statement cannot be used criminally (The Lybarger or Garrity admonishment).
5. The administrative interview shall be considered part of the officer's confidential personnel file.
6. The Office of Professional Accountability shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies.
7. The completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Department's use of deadly force policy.
8. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures.
306.8.1 CIVIL LIABILITY RESPONSE
A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation.
All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation, but shall be given reasonable access to all other investigations. 306.9 AUDIO AND VIDEO RECORDINGS
In instances when administrative investigations are undertaken where any audio or video recordings of the incident exist, the initial interview of the subject employee shall occur before the employee has reviewed the recordings.
Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available BWC or other video or audio recordings with the approval of assigned investigators or a supervisor.
Any BWC and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the District Attorney or City Attorney's Office as appropriate.
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