OFFICER INVOLVED SHOOTING DOJ REFORMS Finding Manager: Captain - - PowerPoint PPT Presentation

OFFICER INVOLVED SHOOTING DOJ REFORMS

Finding Manager: Captain Alexa O’Brien

10.1

THE SFPD SHOULD ESTABLISH A FORMAL PROTOCOL THAT PROVIDES DPA AND IIB TIMELY FACTS ABOUT THE OIS CASE

Currently what we have which dictates our response to OIS’s:

 DGO 5.02/ Use of Firearms  DGO 8.04/Critical Incident  DGO 8.11/Officer Involved Shootings  DGO 6.05/Death Cases  Supervisory Manuel (Section P) –(last updated 2005)  SFPD-SF DA MOU regarding OIS ( still active-since 2005)  Homicide unit order –OIS ( est. May 9th 2017)

10.1 THE SFPD NEEDS TO DEVELOP A STANDARD OFFICER-INVOLVED SHOOTING PROTOCOL

 Stakeholders to develop prot0cols are:

 DAI’s office IIB,  DPA  IA  Homicide Unit

10.1

THE SFPD SHOULD ESTABLISH A FORMAL PROTOCOL TO ENSURE THAT A REPRESENTATIVE OF THE HOMICIDE DETAIL PROVIDES DPA AND DISTRICT ATTORNEY'S OFFICE INVESTIGATORS A TIMELY BRIEFING ABOUT THE FACTS OF THE CASE AND TO MAKE ARRANGEMENTS FOR A FORMAL WALK-THROUGH OR GAIN INVESTIGATIVE ACCESS TO THE INCIDENT SCENE AS SOON AS POSSIBLE. THE HIGHEST-RANKING OFFICER ON THE SCENE SHOULD BE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THIS RECOMMENDATION.

Currently what we have:

 As stated on SFPD-MOU with District Attorney office from May, 2005, it is the policy of SFPD that at a scene of OIS that the highest ranking member of Homicide Detail shall brief members of DA Investigators of the following facts of case:  The names and current location of the officers involved in the incident  The names, addresses and current location of all civilian witnesses to the incident.  The statements of the officers, if not compelled pursuant to Government Code sections 3300 et. Seq. (Lybarger)  Physical evidence discovered  A summary of witness statements and status of the investigation.  The medical condition of injured parties.  The ranking member San Francisco Police Department’s Bureau of Investigations or his or her designee shall ensure that District Attorney personnel have access to the scene of the criminal investigation, and shall conduct a “walk through” of the scene with District Attorney personnel. All physical evidence shall remain in the custody

• f the San Francisco Police Department.

 DPA shall also be granted all of the above facts by SFPD to incorporate into their investigation.

10.1

THE SFPD SHOULD ESTABLISH A FORMAL PROTOCOL TO ENSURE THAT A REPRESENTATIVE OF THE HOMICIDE DETAIL PROVIDES DPA AND DISTRICT ATTORNEY'S OFFICE INVESTIGATORS A TIMELY BRIEFING ABOUT THE FACTS OF THE CASE AND TO MAKE ARRANGEMENTS FOR A FORMAL WALK-THROUGH OR GAIN INVESTIGATIVE ACCESS TO THE INCIDENT SCENE AS SOON AS POSSIBLE. THE HIGHEST-RANKING OFFICER ON THE SCENE SHOULD BE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THIS RECOMMENDATION

Recent Changes:  Homicide unit order –OIS ( est. May 9th 2017)  An Investigative Command Post grease board (24x36) has also been developed by Homicide Detail, so that all vital information gathered by OIC of Homicide can be scribed and viewed by all involved investigative parties at OIS scene.

110.1

24x36 Grease board at

• Inv. Command Post

110.1

10.2

THE SFPD SHOULD WORK WITH ITS ACCOUNT ABILITY PARTNERS THE OCC, AND THE DISTRICT ATTORNEY’S OFFICE IN OFFICER-INVOLVED SHOOTINGS TO DEVELOP A FORMAL TRAINING PROGRAM IN WHICH REPRESENTATIVES OF THE DISTRICT ATTORNEY’S OFFICE, SFPD HOMICIDE DETAIL AND THE OCC ENGAGE IN REGULAR TRAINING REGARDING BEST PRACTICES FOR INVESTIGATING SUCH CASES. THIS TRAINING SHOULD BE DEVELOPED AND IMPLEMENTED WITHIN 120 DAYS OF THE ISSUANCE OF THIS REPORT.

Currently what we have:

 The SFPD does not currently have an Officer Involved Training Course where all accountability partners attend. The SFPD develops its own members and those from

• ther departments and DAI investigators with an OIS Course that Lt. Nevin and Sgt

Crudo, along with other members teach at the academy. The SFPD has depended on sending supervisors to that course along with the POST OIS course offered several times a year in order to train our investigators.  Recent Changes:

 In order for a Homicide Investigator to take the lead on the investigation of an OIS, they shall attend the OIS POST Course and successfully complete. To date, everyone of our Homicide Investigators are OIS- POST Certified.  Discussed with interim DPA Director-Paul Henderson to have his investigators go through the same POST-OIS training.  Discussed with IIB Lt. Crew to also have all IIB investigators attend POST- OIS training.

10.2 THE SFPD SHOULD WORK WITH ITS ACCOUNT ABILITY PARTNERS THE OCC, AND THE DISTRICT ATTORNEY’S OFFICE IN OFFICER-INVOLVED SHOOTINGS TO DEVELOP A FORMAL TRAINING PROGRAM IN WHICH REPRESENTATIVES OF THE DISTRICT ATTORNEY’S OFFICE, SFPD HOMICIDE DETAIL AND THE OCC ENGAGE IN REGULAR

19.1 THE SFPD NEEDS TO DEVELOP A STANDARD OFFICER-INVOLVED SHOOTING PROTOCOL

 Stakeholders to develop prot0cols are:

 DAI’s office,  DPA,  IA,  Homicide Unit  DA  POA  Police Commission

19.1 THE SFPD NEEDS TO DEVELOP A STANDARD OFFICER-INVOLVED SHOOTING PROTOCOL

Currently what we have which dictates our response to OIS’s:

 DGO 5.02/ Use of Firearms  DGO 8.04/Critical Incident  DGO 8.11/Officer Involved Shootings  DGO 6.05/Death Cases  Supervisory Manuel (Section P) –(last updated 2005) Recent Changes:  Everbridge notification system  SFPD OIS & ICD investigations manual ( draft only-almost near completion)..Sgt. John Crudo

Everbridge notification system 19.1

SFPD OIS & ICD INV. MANUAL

19.1

19.2

THE SFPD NEEDS TO CREATE A TEMPLATE FOR ALL OFFICER INVOLVED SHOOTING FILES. THIS TEMPLATE SHOULD DETAIL THE REPORT STRUCTURE AND HANDLING OF EVIDENCE. SFPD SHOULD REFER TO OFFICER INVOLVED SHOOTINGS: A GUIDE FOR LAW ENFORCEMENT LEADERS.

San Francisco Police Department

DOJ Reform: 10.02

Table Top Exercise: Officer Involved Shooting (October XX, 2017)

Captain Alexa O’Brien Richmond Station 461 6th Avenue (415) 666-8030

Participants

Chief of Police: Deputy Chief of Police : Commander of Investigations: Captain or Acting Lt. on Scene for District: Captain of Major Crimes Lieutenant of Homicide Captain of Risk Management or IA Rep: Media Relations: Observer/ Facilitator:

Objectives of this Table Top Exercise:

• Review and discuss a hypothetical officer involved shooting step by step to determine how

effectively we respond to an OIS with recent policy, procedure and equipment changes.

• Participants to talk through plans or problems identified
• Identify strengths and weaknesses
• To better understand roles and responsibilities each participant has and to help build a better

response to a future OIS.

Rules

• Everyone is to speak freely and openly exchange ideas
• Discussion based exercise
• Stay in the mind-set of the scenario which will be as true to life as possible – pay special

attention to the date and time of updates.

Exercise Begins

“ ”

Cad # XXXXXXXX 1805hrs Officer Involved Shooting 5th St. and Mission Street Garage. Perimeter Locked down, TAC responding to clear garage of other shooters. Unknown if suspect had weapon. No officer’s reported injured at this time, possibly two officers

• involved. Large crowd w lots of screaming in the background. One subject DOA,

medics responded and declared death. Notifications being made to Homicide, IA, DAI, OCC, Command Post @Bloomingdales rear entrance at Westfield Mall.

At 1820, your blackberry PINs the below message…

Who should be informed? What concerns might you have? What actions would you consider taking, if any, at this stage?

Location: 5th and Mission Street Garage Pedestrian Entrance

Date: October XX, 2016 Time: 1830hrs District: Southern Police District

Cad reads: At 1805, a 911 call comes in reporting a man in his 30’s was behaving “erratically” inside the 5th/Mission Street Garage. 3B7D responds and arrives at the scene at 1808 hrs. 4T 8 backs up the sam unit and at 1810 hrs, an officer reports shots fired. Multiple calls coming in from RP’s stating loud bomb or gun shots from inside the parking garage.

Update from DOC

Update: You decide to respond to the scene.

Above: Crime Scene of OIS Right : Command Post inside Bloomingdales What actions do you take to secure the area? Who are you contacting at this time? What information are you relaying to them? What are you telling your subordinates?

• Two officers shot their weapons.
• Officers are still at the scene.
• TAC cleared the garage for other shooters.
• The Public Safety Statement Revealed:
• Officer A responded to a 911 call of a person behaving erratically in the pedestrian area of

mission and 5th St. garage.

Recommendation 11.1

The SFPD should update the Department General Order 3.10 – Firearm Discharge Review Board to require written evaluation

• f policy, training, and tactical considerations of discharge

incidents, specifically identifying whether the incident was influenced by a failure of policy, training, or tactics and should include recommendations for addressing any issues identified.

Response / Update

• Collaborating with DPA and SFBAR Association pertaining to reorganization of

Firearm Discharge Review Board

• Research: gathering/reviewing policies of Executive Force Review Boards from

OPD, LAPD, Seattle and Denver

• Goals: Expand review process of OIS/OID, Training Division provide written

analysis of incident (i.e. policy gaps/considerations, tactical considerations, training issues, lessons learned)

• Awaiting approval of Unit Order (related to Recommendation 11.2) and

implementation

Recommendation 11.3

Finding Manager: A/Captain Michelle Jean Project Manager: Sgt. Angela Wilhelm

The SFPD should update the DGO to ensure that the FDRB is staffed with a Training and Education Division representative as an advisory member to ensure an appropriate focus on development of responsive training protocols.

Response / Update

• Department Bulletin 14-064 was issued in March 2014 to amend a portion of

DGO 3.10. The bulletin indicates that the Commanding Officer of the Training Division was added as an advisory member to the FDRB. The bulletin has since expired.

• The language in DB 14-064 provides the framework to meet the requirements of

Recommendation 11.3.

• Updating and reissuing DB 14-064 would satisfy Recommendation 11.3 until such

time that DGO 3.10 is fully opened and amended to include this added language.

• The draft Bulletin has been submitted through the chain of command. Awaiting

the concurrence process.

• Recommendations 11.1, 11.2, & 11.3 closely related. Awaiting implementation and
• utcomes of 11.1 and 11.2.

DOJ CRI 11.2

Work with FDRB and Homicide Detail to create a presentation on key issues that contribute to

• fficer discharge incidents and to help mitigate

the need for firearm discharge

THE RECOMMENDATION

SFPD should update existing programs and develop training to address policy gaps and lessons learned. The Training and Education Division should work with the Firearms Discharge Review Board (FDRB) and Homicide Detail to create a presentation to inform Department personnel about key issues that contribute to officer discharge incidents and to help mitigate the need for a firearm discharge.

BASED ON OVERALL REVIEW OF OIS/OID INCIDENTS, TRAINING DIVISION WILL

• 1. Incorporate lessons learned into classroom training
• 2. Create/ update Department Bulletins & roll-call

training This will address key issues/ learning gaps that could contribute to OIS/OID incidents, and help mitigate the need for firearm discharge.

UPDATED TRAINING AND POLICIES RELATED TO FIREARM DISCHARGE AND USE OF FORCE:

Department General Order 5.01 – Revised implemented Dec. 2016, issued on 12/21/16 In all circumstances, officers are expected to exercise sound judgement and critical decision making when using force options. It is the policy of the Department to rigorously review every instance in which a firearm is discharged, on a case by case basis, to evaluate all facts to determine if the discharge is within policy. 20 hour training on DGO 5.01 and 5.21 CIT began in February 2017, 600 members have been trained.

REVIEW OF USE OF FORCE REPORTS

PT/DT ACADEMY STAFF Basic Training Recruits In Service Officers AO Force Options Instructors

Instructions and scenarios are mirrored after common findings in use of force reports. Emphasis is placed on de-escalation techniques, creating time and distance, move to cover, waiting for assistance so as not to create an exigent situation, calling for supervisor, calling for CIT officers, working as a team with other

• fficers.

UPDATE OF ARREST AND CONTROL MANUAL

• The PT/DT Academy Staff is currently

updating the arrest and control manual.

• This manual will also contain a DVD of

examples of what is covered in manual

QUARTERLY ROLL CALL TRAINING

The PT/DT staff is working with the Video Production Unit to develop quarterly roll- call training to address training gaps and lessons learned from use of force incidents including OIS/OID and other emerging trends in use of force.

PROCEDURAL JUSTICE AND IMPLICIT BIAS

As of January 2017, in-service members who attend AO/CPT receive 8 hours of curriculum on Procedural Justice and Implicit Bias Training.

RANGE QUALIFICATION

In service members attend and qualify bi-annually at the Range. At qualifications, the range staff discusses and reviews 5.01 and Force Options/ de-escalation options.

GOAL

At FDRB meetings, members should discuss what key issues contributed to the OIS/OID. A member should be tasked to create a presentation, department bulletin or roll call training on what could mitigate the need for a firearm discharge.

ESTIMATED TIME TO COMPLETION

• 60-90 days
• Programs and training are in place
• Determination needs to be made

regarding who will conduct the presentation and how the presentation will be distributed to the department.

• 75% complete

DOJ Recommendation 11.4

Officer-involved shooting events need to be reviewed in a more timely fashion as it relates to policy, training, and procedures. The FDRB should review incidents at the conclusion of the IAD investigation rather than waiting for the District Attorney’s letter of declination for charging of an officer-involved shooting incident, which can take up to two years.

DOJ Recommendation 11.4

A draft Risk Management Office manual specifically intended to assist IAD OIS Team members is currently under review. Sections of the manual will provide the protocol to complete an OIS investigation and to forward the findings to the FDRB in the absence of a District Attorney’s letter of declination.

USE OF FORCE D.O.J. Recommendation 19.3

• Lt. Arline Gilmore

July 11 2017

Finding 19

The SFPD does not maintain complete and consistent officer-involved shooting

• files. The SFPD maintains two separate officer-involved shooting files, one with the

Homicide Detail and one with IAD. The files are incomplete with no consistent report structure. The team encountered a lack of consistency as to the investigations as well. The fact that some investigative evidence is digital while

• ther evidence is still in paper format may contribute to this inconsistency. Because

Homicide Detail and IAD do not share protocols or standards for investigations of

• fficer-involved shooting incidents, there is likelihood that evidence will not be

properly identified or assessed, particularly with dual investigative approaches. Photos, crime scene logs, and video collection were referenced in many reports. However, these items were inventoried elsewhere without copies in the investigative files. Investigative files did not contain preliminary finding reports or draft reports—even files that were years old. Within Homicide Detail, many files contained an initial summary report but did not document basic records of who was called to attend the scene or who was on the scene.

2

Recommendation 19.3

The SFPD should ensure that all

• fficer-involved shooting

investigations are appropriately reviewed by all levels of supervision.

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To: Deputy Chief Mike Redmond Deputy Chief Hector Sainez From: Chief Toney Chaplin Interim Chief of Police Date: December 21, 2016 Subject: DOJ/COPS Recommendation 19.3 O.I.S. Investigations The DOJ/COPS Collaborative reform initiative has recommended that officer involved shooting investigations are appropriately reviewed by all levels of supervision. Both criminal and administrative case files for all Officer Involved Shootings shall be reviewed by each level of the chain of command up to the Chief of Police. To ensure compliance, please draft a concurrence sign off sheet for my immediate approval. The approved concurrence sign off sheet will be attached to each case file, and will show appropriate review and approval at each level of command, up to my approval. Please develop and distribute a Unit Order for this practice. Thank you.

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USE OF FORCE D.O.J. Recommendation 23.1

• Lt. Arline Gilmore

July 11 2017

Finding 23

The SFPD allows members to shoot at moving vehicles under certain circumstances pursuant to Department General Order 5.02 – Use of Firearms. SFPD policy provides for a variety of exceptions that allow officers to shoot at a moving vehicle, which effectively nullifies the general statement that officers are prohibited from discharging their firearm at the operator or occupant of a moving

• vehicle. The department’s pending draft order on use of force allows shooting at

vehicles when there is an immediate threat of death or injury by means other than the vehicle.

Recommendation 23.1

The SFPD should immediately implement this provision of the draft policy.

2

Recommendation 23.1 The final draft of DGO 5.01 - Use of Force was approved by the Police Commission and implemented by the Department on December 21, 2016. DGO 5.02 – Use of Firearms was incorporated into the new DGO. DGO 5.02 was rescinded.

3

4

DGO 5.01 USE OF FORCE; Section VI, Paragraph G, Sub-Section 2.e states; “MOVING VEHICLES. An Officer shall not discharge a firearm at the operator or

• ccupant of a moving vehicle unless the
• perator or occupant poses an

immediate threat of death or serious bodily injury to the public or an officer by means other than the vehicle. Officers shall not discharge a firearm from his or her moving vehicle.”

San Francisco Police Department Department of Justice Collaborative Reform Report Recommendation #23.2 OIS at Moving Vehicles

Recommendation #23.2

The FDRB should be tasked with review of all prior OIS and discharge incident in which firearms are discharged at a moving vehicle to:

• Evaluate and identify commonalities with recommendations for

policy and training as a result of the review.

• Oversee training and policy development aimed at eliminating

the need for such actions.

• Report to the Police Commission about the outcomes of the

review and the actions taken to overcome those situation that contribute to such incidents.

Firearm Discharge Review Board

• The Firearm Discharge Review Board (FDRB) is authorized by DGOs 3.10

and 8.11.

• The FDRB is an executive review panel that evaluates the findings

resulting from Officer-Involved Shooting and Officer-Involved Discharge investigations, including tactics, policy and procedure.

• The FDRB’s defined function is to a forward recommendations to the

Chief of Police regarding whether or not to find the use of firearm in policy, as well as any ancillary recommendations.

• The FDRB convenes quarterly for this purpose; it is not a standing panel.
• A change in the FDRB’s function will require a revision of DGO’s 3.10

and 8.11.

Understanding the Inherent Dangers Posed By Vehicles in an OIS

• Officers have created exigency by stepping into the path of

vehicles, rather than away.

• Disabling the operator does not necessarily stop the imminent
• r immediate danger of death or serious bodily injury.
• A balance test: the risk to the public posed by the suspect vs.

risk to the public posed by the apprehension.

43 Vehicle-Involved OIS out of 134: 2000-Present

1 1 4 3 5 2 5 2 2 1 5 3 4 2 2 1 6 5 13 7 8 5 12 9 6 5 11 8 6 8 8 10 3 4

2 4 6 8 10 12 14 16 18 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

32% Over 17.5 Years of Data

Vehicles Number

12 Vehicle-Involved of 43 Total OIS: 2011-Present

Threats in 12 Vehicle-Involved OIS 3 8 1

3 out of 12: Threat to Self (25%)

Threat Only to Self Threat Involving Other

Findings in 9 Completed Vehicle- Involved OIS 8 1 1 out of 9: Out of Policy (1.1%)

In Policy Not In Policy

Trending Data

SFPD Vehicle Related OISes

Total: 2000-Present Policy Changes: 2011-Present Last 3.5 Years: 2014-Present

Average Number of Vehicle-Related Per Year

2.46 1.84 1.25

Vehicle-Related as an Percentage of Yearly OIS

32% 28% 20%

134 OIS: January 1, 2000 to Present 43 Vehicle Related OIS: January 1, 2000 to Present 12 Vehicle-Related OIS: January 1, 2011 to Present 5 Vehicle-Related OIS: January 1, 2014 to Present 0 Vehicle Related OIS: December 21, 2016 to Present

Department General Order 5.01

• Comprehensive Use of Force policy adopted December 21, 2016.
• Combined and replaced DGO 5.01, Use of Force (10/04/95) and DGO

5.02, Use of Firearms (03/16/11).

• Under old version of the policy, officers were permitted to engage

threats in moving vehicles using a firearm under limited circumstances.

• Under the new version of the policy, officer are absolutely restricted

from engaging threats in moving vehicles using a firearm.

• Single exception: When suspect is engaging officer from the vehicle

using a weapon other than the vehicle.

Training

• The Department has been rolling out training regarding the new

prohibition, including venues such as Force Option Simulations training, biannual CPT Force Options training, and a mandatory 5.01, Use of Force course for all members.

• Range and FOS training have added more dynamic components to

help officers develop “muscle memory” to enhance field tactics and movement to cover in life threatening encounters.

• Numbers have decreased as the emphasis on cover and movement

in training; changes in policy and investigative practices, and increased restrictions/prohibitions on vehicle engagement have taken effect.

Challenges

• Current policy prohibits the use of firearm in response to

vehicle-based threats. Repeated attacks around the world have involved vehicles as weapons of mass casualties. This is consistent with terrorist training, as reported through HSU and

• ther agencies. Is there a need for “Exceptional Clearance”

language, as articulated by PERF representatives.

• Consistent messaging. When is a vehicle a weapon? When

does assaultive behavior become more critical than the core transaction? How do we educate the public?