Police Action Shooting Investigations

• Fort Wayne Police Department has a special responsibility to establish professional standards and provide direction to investigating personnel when a Police Action Shooting occurs.
• The department guarantees consistency and objectivity in reviewing the actions of its members.
• The policy of the Fort Wayne Police Department is to investigate every police action shooting, ensuring investigative resources are applied consistently.
• Procedures establish guidelines and responsibilities for conducting investigations into police action shootings.

Definitions

• "Police Action Shooting" is any occurrence where a police officer discharges a firearm while acting pursuant to legitimate law enforcement authority.
• Exceptions to the "Police Action Shooting" policy are firing a weapon to dispose of an animal and unintentional discharges without injury.
• The "Administrative Shooting Team" includes all sergeants within the Internal Affairs Unit, a member of the Academy Staff, Two Operations Personnel, and another member selected from within the Department.
• The highest-ranking member of the Internal Affairs unit leads the Administrative Shooting Team.
• "Agency" refers to the Fort Wayne Police Department.
• The "Incident Scene Commander" is the first responding supervisor or commander on scene (not involved in the incident) and remains until relieved by a higher-ranking officer.
• "Critical Incident" is defined as any incident involving a police action shooting that results in injury or death, or where the officer intended to use deadly force.
• "Involved Officer" is any officer involved in the application of force during a Critical Incident.
• "Direct Witness Officer" is any officer who witnessed the application of force during a Critical Incident.
• A "Public Safety Statement" is a compelled initial statement from involved and direct witness officers with information necessary for public safety and incident scene management.
• The Public Safety Statement provides a framework for investigation and evidence preservation and must be recited directly and verbatim by the supervisor.

Notifications

• In all police action shootings without injury, notifications must be made to the Duty Chief, Shift Commander, Shooting Team, Detective Bureau Command, and Union President.
• When a police action shooting involves injury, notifications must be made to Duty Chief, Chief and Assistant Chief of Police, Detective Bureau Command, Homicide Team, Crime Scene Management, Shooting Team, and Public Information Officer.
• Additional notifications for shootings involving serious injury or death include the Allen County Coroner, Allen County Prosecutor, Indiana State Police.
• The Fort Wayne/Allen County Homicide and Suicide Protocol will be implemented in cases involving serious injury or death.

Responsibilities of the Incident Scene Commander

• Coordinate scene protection until investigative personnel arrive.
• Ensure injured persons receive medical treatment.
• Establish which officers are involved and which are direct witnesses.
• Ensure a Public Safety Statement is obtained from involved and/or direct witness officers.
• Relay vital information from the Public Safety Statement to Communications.
• Ensure involved and direct witness officers are evaluated by medics, regardless of apparent injury.
• Arrange for involved officers to be removed from the scene and transported to the POC/outpost/medical facility.
• Transportation of involved officers will be done by a supervisor who will not question the officer.
• Involved officers can contact family and legal counsel, and if unable, the Incident Scene Commander, a Command Officer, and a Chaplain will contact the family and arrange transport to the hospital.
• The Investigative Division is responsible for the criminal investigation and conducts it according to Fort Wayne Police Department policy.
• The Investigative Division ensures a Crime Scene Technician takes custody of the involved officer's firearm after providing a replacement weapon.
• A Crime Scene Technician or Internal Affairs representative provides a replacement weapon.
• If an officer loses possession of their firearm due to injury or incapacitation, it becomes part of the crime scene.
• Crime Scene Management or the Allen County Coroner is responsible for the scene of the Critical Incident.
• The scene of the Critical Incident will be established and protected according to Fort Wayne Police Department policy.
• Crime Scene Management may reproduce the scene so that the involved officer, union representation, and legal counsel may walk through to aid memory recall.
• The Administrative Shooting Team does a walkthrough of the Critical Incident scene with the Fort Wayne Police Department Investigator and/or Crime Scene Technician for proper investigation.
• Involved officers will be placed on administrative leave for five working days.
• The Chief of Police may extend leave if requested by the officer or deemed necessary by the department-approved psychologist.
• The Chief of Police mandates involved officers receive a psychological fitness-for-duty evaluation from a department-approved psychologist trained in police action shootings/Critical Incidents during administrative leave.
• After forensic examination and testing of the involved officer's firearm, the firearm will be returned to the Agency, and the Administrative Shooting Team ensures its return to the Involved Officer.
• The Administrative Shooting Team investigates potential policy violations, policy revisions, and/or training concerns, submitting findings in a written report to the Chief of Police.
• The Public Information Officer is called to the scene of the Critical Incident and gathers necessary information from investigators but cannot have direct contact with involved or witness officers and cannot release statements without the approval of the Chief of Police.

Policies on Interviews and Reports

• Direct witness officers are not required to give a statement to criminal investigators for at least 72 hours after the Critical Incident beyond the Public Safety Statement.
• The involved officer is only required to give the Public Safety Statement but has the right to legal representation before providing a statement to criminal investigators and must not occur for at least 72 hours after the Critical Incident.
• The department may compel an officer to answer questions under Garrity, such statement will be used only for the Administrative Shooting Team’s investigation and not be shared with criminal investigators, except for the limited purpose of filing criminal charges against a suspect wounded in a police action shooting, and may be taken before the 72 hour period has expired if no other means exist to obtain the necessary information to lay charges.
• The officer has the right to confer with representation/legal counsel before providing a compelled administrative statement.
• The Criminal Investigation Statement and/or Compelled Administrative Statement will be an audio and video recorded oral interview, and a transcript will be provided to the officer for changes/corrections.
• All investigation reports are forwarded to the Deputy Chief of the Investigation Division or their designee.
• Reports will receive a "Public Safety Statement" from any officer who was DIRECTLY involved in an officer-involved shooting, ordered under Garrity.