Many of you
are fortunate in that you have never been involved in an
officer-involved use of deadly force. Those of you who have been
understand very well the emotional roller coaster that inherently
accompanies such a situation. There are, however, a few things worth
mentioning that can help you get through the experience.
All
officer-involved uses of deadly force are investigated by the Internal
Affairs Division of the Greensboro Police Department. They may also be
investigated by the Guilford County District Attorney and/or the
Guilford County Grand Jury.
To assist
all of you during the critical hours immediately after an incident,
please contact us as soon as possible after an officer-involved use of
deadly force has occurred.1
Next,
preserve the scene. All too often in the excitement and chaos which
surrounds an officer-involved use of deadly force, other officers will
come by with good intentions but disturb your scene. Keep the traffic
(foot and otherwise) in the scene to an absolute minimum. Instead of
allowing well intentioned fellow officers to wander all over your scene,
recruit them to set up a perimeter for you and ask them to help you keep
others out of the scene.
If the
suspect has a weapon, see that it is kept where it is. Do not move it
unless its continued location poses a safety hazard or the risk of loss
or destruction of the weapon itself as an item of evidence. If the
weapon does have to be moved, take the necessary steps not to disturb
any fingerprints, markings, etc. on the weapon. Mark all shell casings,
where appropriate, should the incident involve the use of a firearm.
The main
idea is to try and freeze the scene exactly as it was at the time the
incident occurred. The location of the shell casings, weapons of the
suspect, contraband, etc. all play an integral part in establishing your
justification for using deadly force.
While you
are awaiting the arrival of myself or one of my colleagues, do not
discuss the case with anyone until you can speak with the attorney.
"Anyone" means not even your best buddies or your supervisors.
Anyone you have spoken to just became a witness, and words said in jest
to relieve tension, or carelessly out of panic or relief to be alive,
have a habit of coming back to haunt you later. Out of the context of
the situation, on a sterile written statement or the witness stand under
circumscribed rules of questioning and cross-examination, the context of
your spoken words may get lost in the shuffle, along with the intent you
had when you spoke them.
Where
feasible, my colleagues and I will speak with you as soon as you
telephone us and then, if necessary, we will actually go to the scene.
However, I understand that it is sometimes impossible for you to speak
directly with me or my colleagues and will have to convey to someone
else the request that they contact us. In that case, just sit tight at
the scene until on of us arrives.
While you
are waiting, try to reconstruct in your mind the step-by-step order of
the events that led up to the incident.
If you have
fired your service weapon, do not reload or do anything with your weapon
except to reholster it. This is important because it will establish for
you the number of times you fired and will disprove false allegations by
anyone at the scene who may falsely or incorrectly allege that you fired
more times than the evidence remaining in your weapon will reveal.>
I understand
and appreciate that an officer-involved use of deadly force does no
always induce a calming effect on the people involved. However, you need
to attempt to keep your mental and emotional balance, your perspective
and your patience.
Either in
the telephone conversation or at the scene, we will discuss your rights
regarding the giving or not giving of a statement concerning the
shooting. Usually, after consulting with one of the lawyers, you will
give a voluntary statement. However, there may be instances where our
advice would be for you not to give such a voluntary statement. That is
why we need to speak with you as soon as possible following the incident
and before you have make any statements to anyone.
In
conclusion, remember that the majority of officer-involved uses of
deadly force are justified, but that is not a reason for you to be
careless. Keep in mind the basic points that I have stressed, and you
should have no trouble getting through the ordeal that follows and use
of deadly force.
Remember
that you are doing a job that very few people want to do, much less are
qualified to do. You should act with extreme caution and use good
judgment. Remember also that the Greensboro Police Officers Association
is there to help you.
1In
the event you are charged criminally or sued for civil liability as a
result of the use of deadly force, the Greensboro Police Officers Association
will assist you in obtaining independent counsel, if that is necessary,
but it cannot pay for private counsel.