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Officer Involved Shooting ProceduresCity of Dubuque City Council Meeting Copyrighted February 19, 2024 Work Session - Top # 01. ITEM TITLE: 5:30 PM - Officer Involved Shooting Procedures SUMMARY: Assistant Police Chief Joe Messerich will present on the Dubuque Police Department's policy and procedures when a police officer is involved in an officer involved shooting or use of force incident causing death. SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Staff Memo Type City Manager Memo Staff Memo Presentation —Uploaded 2.19.24 Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Officer Involved Shooting Procedures —Work Session DATE: February 14, 2024 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Police Chief Jeremy Jensen is submitting information for the 5:30 p.m., February 19, 2024, work session for Officer Involved Shooting Procedures. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jeremy Jensen, Police Chief Joe Messerich, Assistant Police Chief THE CITY OF E Masterpiece on the Mississippi Dubuque All•Ameriea Cily Mk1V)N,V CJVX-I1NELF II 11. I 2007-2012.2013 2017*2019 TO: Mike Van Milligen, City Manager FROM: Jeremy Jensen, Chief of Police SUBJECT: Officer Involved Shooting Work Session DATE: February 14, 2024 On February 19, 2024 at 5:30 pm, Assistant Police Chief Joe Messerich will present on the Dubuque Police Department's policy and procedures when a police officer is involved in an officer involved shooting or use of force incident causing death. POLICE USE OF DEADLY FORCE POLICE STATISTICS • More than 18,000 local police departments in the U.S. • Over 800,000 sworn law enforcement officers. • 61.5 million people had at least one contact with police in a year - Bureau of Justice Statistics 2018 survey data. • 1,165 fatal shootings in 2023 -Washington Post • 992 fatal shootings in 2018 meaning less than .000016% of police/citizen contacts result in a fatal shooting. • Roughly 13 Officer Involved Shooting (OIS) cases a year in Iowa - DCI NA'T'IONAL USE OF FORCE DATA COLLEC'T'ION • Voluntary national use of force reporting system created by the FBI. • "In 2023, 30 out of 272 agencies in Iowa participated and provided use -of -force data. The officers employed by these agencies represent 33 % of sworn law enforcement officers in the state." m q m m m 10 Reason for Repo %oN a &9 � %�e g # � � •�� �§ w•��.� �$ ¥ CC C . � 14,000 12,000 10,000 8,000 6,000 4,000 2,191 Number of Agencies Participating i Agencies Reporting No Response = Agencies Reporting a Zero Report i Agencies Reporting at least One Incident Jan Feb Mar Apr May Jun Jul Auci Sep 50 50 40 30 20 10 Reason for Initial Contact Ole FM1A M WN Dwel m a[U IMM Do D1MIN WMX6101"" xSM m Is DPD USE OF FORCE POLICY REASONABLE FORCE "...force... which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to defend against imminent danger of serious bodily injury or risk to one's life or safety or the life or safety of another..." — DPD Policy REASONABLE BELIEF What an ordinary and prudent person, in the same or similar circumstances, would believe based upon his/her knowledge of the facts surrounding the event as they existed at the time of the event. SERIOUS INJURY Serious injury means disabling mental illness or bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. FORCE O • Verbal Persuasion • Non -pain Compliance • Pepper Spray • TASER (CEW) Pepper Ball Launcher • Pain Compliance • Baton/ASP/Flashlight Chemical Munitions Extended Range Impact Munitions/Less Than Lethal Munitions USE OF DEADLY FORCE Use of Deadly Force: The term "deadly force" means any of the following: 1. Force used for the purpose of causing death or serious injury. 2. Force which the actor knows, or reasonably should know, is likely to cause death or serious injury. 3. The discharge of a firearm in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm at a vehicle in which a person is known to be. DEADLY FORCE 0 Officers may only use deadly force when the officer reasonably believes that the action is in defense of human life which is in imminent danger of death or serious bodily injury. • When deadly force is justified, an officer shall fire his/her weapon to stop and incapacitate the person against whom deadly force is justified. While the intent of the peace officer shall not be the killing of any person, it is understood that use of deadly force to incapacitate or stop may result in the death of another against whom that force has been used. For maximum stopping effectiveness and minimal danger to innocent bystanders, the officer should, whenever practical, shoot at "center body mass." ... ERE- IS-i OUR • Graham v. Connor "The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight." "The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving as to the amount of force that is necessary in a particular situation." - SCOTUS Graham Factors - Possible justifications for using force. • The severity of the crime at issue. • Whether the suspect poses an immediate threat to the safety of the officers or others. • Whether he is actively resisting arrest or attempting to evade arrest by flight. ERE- IS-i OUR • Tennessee v. Garner • "We conclude that [deadly] force may not be used unless it is necessary to prevent the escape and the officer had probable cause to believe that the suspect posed a significant threat of death or serious physical injury to the officer or others." - SCOTUS DPD POLICE ACTION DEATH AND SERIOUS INJURY POLICY OFFICER RESPONSIBILITIES • Administer first aid (self, suspect, others) • Ensure threats to officer safety and the safety of others are addressed • Secure and separate suspects and witnesses • Relay information on fleeing suspects • Request a supervisor, additional backup, and EMS • Secure the scene and evidence SUPERVISOR RESPONSIBILI • Ensure the safety and determine the condition of the officer(s), suspect(s) and third parties. • Ensure the officer(s) involved receives medical care if needed and is transported to a safe and supportive environment as soon as practical. • Assign a companion officer or chaplain. • Ensure the officer's family is notified. PUBLIC SAFETY QUESTIONS 1. Did you fire your weapon(s)? 2. Did you fire your weapon more than once? Yes or No, don't try to remember how many. 3. In what direction did you fire your weapon? 4. If you know whether anyone was injured, what is their location? 5. Did the subject(s) fire any weapons? 6. If so, what direction? 7. Are there any suspects still at large? 8. If so, what is the description, in what direction did they flee, and were they armed? 9. How long has it been since suspect(s) fled the scene? 10.Do you know the location of any victims or witnesses? 1 Us there any evidence that needs secured? POST SHOOTING TRAUMA • The Assistant Chief of Police or designee shall make contact with all involved officers within 24 hours of the incident and explain Employee Assistance Programs that are available to the employee. • Within 72 hours of the incident, the Assistant Chief of Police or designee shall contact a traumatic stress professional. Arrangements will be made for private appointments for the officer(s) determined to be directly involved in the incident and for their immediate family members if requested. • Upon request, agency personnel will be provided counseling services, for post -incident stress. Counseling services will be available for families of personnel, either through Departmentally sponsored programs or via the City's Employee Assistance Program. TRAUMA RESOURCES • Employee Assistance Program • Law Enforcement Chaplains • Peer Support • Critical Incident Stress Debriefing • Psychologist • Confidentiality • Marketing material and guides TRAUMA RESOURCES • Promoting and normalizing our resources • EAP • Local EAP video produced by City staff and our EAP account manager • EAP account manager at the Awards Night for the family wellness session • Law Enforcement Chaplains • Present at department events (swearings-in, awards night, police memorials, feeds) • Frequent visitors to our building and will ride along • Will make home visits • Peer Support • DPD officers that are trained in Peer Support • Tracking critical incident exposure • Reach out after critical incidents • Psychologist • Dr. Keedy volunteers as our Peer Support advisor • Gives guidance on individual cases • Presented during the Awards Night family wellness session for the last two years. ADMINISIRATIVE 0 The Chief of Police shall place an employee involved in an incident resulting in death or serious injury on administrative leave or remove him/her from field duty consistent with the department's Use of Force Order. • Prior to returning to field duty, employees involved in the incident shall be required to undergo a fitness for duty evaluation. WHERE IS OUR POLICY ROOTED? • US Department of Justice & International Association of Chiefs of Police 2016 Report "... an Officer -Involved Shooting (OIS) is probably the most traumatic event a police officer will ever experience in his or her career. If the reaction to such an event is not handled properly, it can not only take an emotional toll on the individuals involved, but spark anger in the community and create negative fallout for the rest of the department." WHERE IS OUR POLICY ROOTED? • The Commission on Accreditation for Law Enforcement Agencies (CALEA) CE�Z' I • Who investigates? TIGATION • We will ask the Iowa Department of Criminal Investigation (DCI) to conduct a criminal investigation into the shooting. • The criminal investigation gathers the facts necessary to determine if a crime was committed. • Using DCI helps to avoid a conflict of interest. • DPD will conduct an administrative investigation. • The administrative investigation determines if department policies and procedures were followed and if they were adequate. • Investigation conducted by our Professional Standards Captain • Review conducted by a departmental review board CRIMINAL CODE • 804.8 Use of force by peace officer making an arrest. • 1. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. • 704.12 Use of force in making an arrest. • A peace officer or other person making an arrest or securing an arrested person may use such force as is permitted by sections 804.8, 804.10, 804.13 and 804.15. HOW LONG CAN THE 1NVEST1GAT,:,-,Fr ++++ + MA i+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ E • It could take months for an investigation to be completed. • The criminal investigation will most likely involve: • Interviews • Tracking down some witnesses may take time • Evidence processing • Lab tests on firearms, shell casings, recovered bullets, etc. • Toxicology reports HOW DOES INFORMATION GET RELEASE • If DPD turns the criminal investigation over to the DCI, the DCI will handle the initial release of information to the media. • DCI will put out an initial release on day 1 that gives limited case facts. • DCI will put out a second release, usually on day 2, that will contain the names of those involved in the shooting (Officer and Offender) . • Release of BWC footage is on a case -by -case basis depending on the impact the release will have on the investigation. DETERMINATION • Who determines if the level of force used was reasonable or if charges should be brought? • The County Attorney's Office or the Iowa Attorney General's Office will review the DCI's investigation. • AG's may conduct a parallel review or an independent review. • The County Attorney (or AG) may make the charging decision, or they may convene a grand jury to make the charging decision. COMMON QUESTIONS WHY CENTER MAS • Center Mass is the largest area on the aggressor • During a deadly force event: • The officer is under stress • The officer and/or offender may be moving • There may be low light conditions • The likelihood of hitting a small, moving target, like a hand, knee, or leg is low • There is an immediate need to stop the offender • Officers struck their targets 35 % of the time in the review of over 134 police shootings. - 2018 Dallas Police OIS Study • Tasers are great tools but.... • A probe may miss the target. • A probe may not penetrate clothing. • The desired effect of a Taser deployment may otherwise not be achieved. • Tasers should only be used in situations that require a level of force less than deadly force, or if a police officer believes they can deadlv force. revent a situation from escalatina to • Our Tasers have prevented situations from escalating to deadly force. WHY WERE TIMRE MULTIPL FIRED? • An attacker can be shot many times and continue to attack before their wounds cause them to stop. • An attacker can sustain multiple fatal wounds but continue to be mobile and lethal for a time. • Drugs or an altered mental state can make an aggressor less responsive to the immediate effects of being shot. • Police officers are trained to shoot until the threat has stopped. • If they see no reaction, and the threat persists, officers will continue to shoot. • Since three to four rounds could be fired per second, an attacker may be struck multiple times before they stop attacking. • Reaction Time - Officers need time to see and process a cue to stop shooting (offender dropping a weapon, turning around, etc.). Some studies found this can take up to 1.5 seconds in a controlled environment. EB-'.*_`++++`++EASE ........................................................................................................................................... IMMEDIATELY? • Potential to taint the jury pool. 0 • Evidence is typically not released until trial. • Video that is released to the media is often accompanied by opinions and comments based on incomplete information. • Members of a jury/grand jury may be influenced by these opinions and comments before they have all the facts. • Determining credibility • If a witness comes forward after the fact, the amount of non-public information about the incident they share helps investigators determine the credibility of their account. • Privacy concerns/redaction. QUESTIONS/ DISCUSSION