Police Action and In-Custody Deaths Policy (Fort Wayne)

**POLICE ACTION AND IN-CUSTODY DEATHS** **PD97-0112** **I. Purpose:** When the death or critical injury of any individual occurs as a result of a police action, the Fort Wayne Police Department incurs a special responsibility to establish professional standards and to provide direction to investi...

**POLICE ACTION AND IN-CUSTODY DEATHS** **PD97-0112** **I. Purpose:** When the death or critical injury of any individual occurs as a result of a police action, the Fort Wayne Police Department incurs a special responsibility to establish professional standards and to provide direction to investigating personnel. In doing so, the department guarantees consistency and objectivity in reviewing the actions of its members. **II. Policy:** It is the policy of the Fort Wayne Police Department to investigate every death or critical injury resulting from the actions of its members. When a person receives fatal or critical injuries as a result of an action by a police officer; or when a person dies while in police custody; or when a death involves suspected criminal wrongdoing by a police officer, this policy, PD97-0112, will apply. Criteria for responsibility, notifications and investigation will be established by this policy. Specific guidelines will be established that will ensure that every investigative resource will be applied in a consistent manner. **III. Procedure:** The following procedures will establish guidelines and responsibility for conducting investigations into Police Action and In-Custody Deaths: **A. **Definitions: **1. **In-custody death -- Any death (other than a traffic fatality) that occurs while a person is in police custody. **2. **Police-action death -- Any death (other than a traffic fatality or police action shooting) that results from a use of force action(s) by a police officer. This shall include when a custodial arrest or lawful detention is being attempted or after the arrest or detention has been effected. **3. **Use of Force -- Any application of physical force by an officer used to gain control of and/or restrain a non-compliant subject, including, but not limited to; handcuffing, soft/hard empty hand control techniques and the use of intermediate weapons. **4. **Traffic Fatality -- Any vehicular death, not intentionally caused by a police action (Investigated by the Fatal Accident Investigation Team of the Fort Wayne Police Department and reviewed by IAU). **5. **Agency -- Refers to the Fort Wayne Police Department **6. **Incident Scene Commander -- The Incident Scene Commander will be the first responding supervisor or commander to arrive on the scene. This officer will remain the Incident Scene Commander until relieved of the responsibility by a higher ranking on-scene officer. If a supervisor or commander is involved in the incident, they are not to assume the role of the Incident Scene Commander. **7.** The Fort Wayne Police Department Administrative Use of Force Team will consist of all sergeants within the Internal Affairs Unit, a member of the Academy Staff, Two Operations Personnel and an additional member selected from within the Department.  The team will be led by the highest-ranking member of the Internal Affairs Unit. **B.** Notifications -- The Incident Scene Commander will make the appropriate notifications according to the following guidelines: **1. **If there is an incident involving an injury to a person caused by a police action and the preliminary assessment of that injury by on scene Emergency Medical Personnel is considered "critical" (condition C), the scene will be held until which time the injured party has been assessed by an approved trauma center.  If the condition is upgraded to a "B" or higher, standard procedures will resume. **2. **Any in custody death or incident involving critical injury (confirmed by an approved trauma center) or death caused by a police action (other than a traffic fatality or police action shooting) the following notifications will be made. **a. **Duty Chief **b.** Chief of Police and Assistant Chief of Police **c. **Allen County Coroner **d.** Allen County Prosecutor **e.** Detective Bureau Command **f. ** Homicide Team **g. **Administrative Use of Force Team **h.** Crime Scene Management **i.  **Public Information Officer **j.** Union President **k.** Indiana State Police **C. **Responsibility **1. **Incident Scene Commander **a.** Coordinate protection of the scene until the arrival of Investigative Personnel. **b.** Ensure that any injured officer receives medical treatment (if necessary). **c.** Establish which Officer(s) are Involved Officer(s). **d. **Ensure that a Use of Force Statement is obtained from Involved Officer(s). **e. **Confirm the condition from an approved Trauma Center if the subject is transported as a condition C. **e. **Relay vital information from the Use of Force Statement to Communications. **f. ** Arrange for the Involved Officer(s) to be removed from the scene and transported to the appropriate medical facility for drug/alcohol screening. **g.** The transportation of the Involved Officer(s) will be done by a supervisor who will not question the officer pertaining to the Critical Incident. The Involved Officer(s) will be allowed to contact family and personal legal counsel, if they wish. If the Involved Officer is unable to make contact with family (due to injuries), the Incident Scene Commander will have a Fort Wayne Police Department Command Officer, along with a Fort Wayne Police Department Chaplain, contact the family and make arrangements for their transport to the hospital. **2. **Investigative Division The Investigative Division will be responsible for the criminal investigation and the scene of the Critical Incident. **a. **The Investigative Division will have a Crime Scene Technician take custody the Use of Force Tool that may have been used by the Involved Officer. **3. **The Involved Officer(s) shall report to the POC immediately after they have been relieved of their duties at the scene and have completed the required drug and alcohol testing. **a. **The scene of the Critical Incident will be established and protected according to the Allen County Homicide/Suicide Protocol. **b. **Crime Scene Management may be tasked with reproducing the scene so that the Involved Officer(s) and their Union representation and/or legal counsel may be afforded the opportunity to walk through the area for memory recall purposes. **4.** Administrative Use of Force Team **a. **The Administrative Use of Force Team will do a walk through of the Critical Incident scene with the Fort Wayne Police Department Investigator and/or Crime Scene Technician in order to properly conduct its investigation. **b. **If the police action results in critical injury or death, the Involved Officer(s) will be placed on administrative leave for five working (5) days. The Chief of Police may grant an extension of this time, if requested by the Involved Officer(s), or deemed necessary by the department-approved psychologist. **c.** The Involved Officer(s) is mandated by the Chief of Police to receive a psychological fitness for duty evaluation from a department-approved psychologist who is specially trained in police action shootings/Critical Incidents. This evaluation will occur during the Officer's administrative leave. **d.** The Administrative Use of Force Team will conduct an investigation for the purpose of reviewing potential policy violations, policy revisions and/or training concerns. All findings will be submitted in a written report to the Chief of Police. **5.** Public Information Officer **a. **The Public Information Officer will be called to the scene of the Critical Incident and will gather any necessary and pertinent information from investigators but will not have direct contact with the involved or witness officer(s). He/She will not release any statements without the approval of the Chief of Police or his/her designee. **D.** Interviews and Reports **1.** Use of Force Statement: A compelled initial Garrity statement from the Involved Officer(s) and concerning only that information which is necessary for the preservation of public safety and incident scene management. The Use of Force Statement is intended only to provide a framework for the investigation and ensure the preservation of evidence. The Use of Force Statement form will be recited directly and verbatim by the supervisor completing that form (Addendum A). **2. **Criminal Investigation Statement: It is a well-recognized fact that an officer sustains both physiological and psychological changes following a Critical Incident. Due to these changes, the Involved Officer(s) is not required to give a statement to the criminal investigators and will only give the Use of Force Statement. An Involved Officer(s) shall have the right to legal representation if he or she chooses to provide a statement to criminal investigators. This statement shall not occur for at least (72) hours following the Critical Incident. **3. **Compelled Administrative Statement: The Fort Wayne Police Department may, at any time, compel an officer to answer questions under Garrity. If a Compelled Administrative Statement is obtained from an officer related to a police action use of force, this statement may only be used for the Administrative Use of Force Team's investigation and will not be shared with the criminal investigators. The only instance this basic case-related information may be shared with the criminal investigators is for the limited purpose of filing criminal charges against a suspect wounded in a police use of force. In this situation, a Compelled Administrative Statement may be taken from an officer prior to (72) hours after a Critical Incident if no other means exist to obtain the required facts necessary to charge the suspect. Prior to giving a Compelled Administrative Statement, any officer shall have the right to confer with union representation /legal counsel and have them present during the interview. **4. **The Criminal Investigation Statement and/or Compelled Administrative Statement will be taken via an oral interview and shall be audio and video recorded. A transcript of the interview shall be provided to the officer from whom the statement was taken and he/she shall be afforded an   opportunity to make changes/corrections if appropriate. **5.** If a police use of force results in no critical injury, all written reports will be completed prior to the officer ending his/her tour of duty. **6.** All reports generated during the course of the criminal investigation will be forwarded to the Deputy Chief of the Investigation Division or his/her   designee. Approved: Date: 4/04/2023         Stephen R. Reed  (Chief of Police) Supersedes: 1\. FWPD SOP PD97-0112, "Police Action and In-Custody Deaths." Rev. 9/25/2015. 2\. FWPD SOP PD97-0112, "Police Action and In-Custody Deaths," Rev. July, 2011. 3\. FWPD SOP PD97-0112, "Police Action and In-Custody Deaths," Rev. March, 2011. 4\. FWPD SOP PD97-0112, "Police Shootings/In-Custody Deaths," Rev. August, 2005. 5\. FWPD SOP PD97-0112, "Police Shootings/In-Custody Deaths," Rev. December, 2004. 6\. FWPD SOP PD97-0112, "Police Shootings/In-Custody Deaths," Rev. September, 2001. 7\. FWPD SOP PD97-0112, "Police Shootings/In-Custody Deaths," Rev. February, 2000. 8\. FWPD SOP PD95-0112, No Revisions, Updated Only 9\. Excerpted from FWPD Rules and Regulations, Adopted 3 August 1995   **ADDENDUM A** **Use of Force Statement** THE INITIAL SUPERVISOR ON THE SCENE WILL RECEIVE A "USE OF FORCE STATEMENT" FROM ANY OFFICER(S) WHO WAS DIRECTLY INVOLVED IN THE USE OF FORCE. "OFFICER, DUE TO THE IMMEDIATE NEED TO TAKE ACTION, I AM ORDERING YOU UNDER GARRITY TO GIVE ME A USE OF FORCE STATEMENT. 1.   WERE YOU INVOLVED IN A USE OF FORCE SITUATION? 2.   OFFICER, ARE YOU INJURED? IF YES, DESCRIBE YOUR INJURIES 3\. WHAT METHOD OF FORCE WAS APPLIED? 4\. DID ANY SUSPECT(S) FLEE THE SCENE? IF SO, WHAT IS THE PHYSICAL DESCRIPTION OF THE SUSPECT(S) AND THEIR DIRECTION AND MODE OF TRAVEL? WAS THE SUSPECT(S) ARMED? IF SO, WHAT TYPE OF WEAPON? HOW LONG HAS THE SUSPECT(S) BEEN GONE? WHAT CRIME(S) ARE THEY WANTED FOR? 5.   ARE THERE ANY WITNESSES TO THE INCIDENT? IF SO, WHO ARE THEY AND WHERE ARE THEY LOCATED? 6.      ARE THERE ANY WEAPONS OR EVIDENCE THAT NEEDS TO BE SECURED OR PROTECTED? IF SO, WHERE IS IT LOCATED? "OFFICER, I AM NOW ORDERING YOU NOT TO DISCUSS THIS INCIDENT WITH ANYONE EXCEPT YOUR ATTORNEY, SPOUSE, CLERGY, OR LICENSED PSYCHOTHERAPIST UNTIL YOU ARE CONTACTED BY AN INTERNAL AFFAIRS INVESTIGATOR" SUPERVISOR:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ INVOLVED OFFICER:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_