Bexar County Sheriff's Office Policy Manual PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Issue Date Effective Date Chapter Number 01/10/18 DRAFT 03/07/18 Forty-Five Subject Office Deputy Involved Shootin...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Issue Date Effective Date Chapter Number 01/10/18 DRAFT 03/07/18 Forty-Five Subject Office Deputy Involved Shootings and Custodial Deaths Sheriff Admin/Chaplaincy References Enclosures Sheriff’s Manual Chapter 19. Collective Bargaining None Agreement Article 22 Sec. 3, B., 2. Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees NEW POLICY September 1, 2019 6 Approved by: Sheriff Javier Salazar 45.01 POLICY The Bexar County Sheriff’s Office values the protection and sanctity of human life. The sanctity of human life and individual liberties are immeasurable elements of modern society which vests Deputies with the responsibility for the preservation and protection of its paramount values. In the pursuit of this responsibility, Deputies maintain the understanding that protection of property and apprehension of criminal offenders is subservient to the protection of life, including their own. It is the policy of the Bexar County Sheriff’s Office that Deputy involved shootings and custodial deaths be investigated with the utmost thoroughness, professionalism, and impartiality. This policy addresses any of the following occurrences: A. Deputy discharges a firearm (except under the exclusions set forth in this policy); B. Deputy uses or attempts to use deadly force; C. Fatality or serious bodily injury occurs during or immediately after arrests or attempt to arrest; or D. Fatality or serious bodily injury occurs which involves a person incarcerated within the Bexar County Detention Facility or while in the custody of Bexar County Sheriff’s Office personnel. 45.02 PURPOSE To specify procedures for investigating incidents concerning Sheriff’s Office personnel who are involved either as an actor, victim, or custodial Deputy, on or off duty, where such incidents entail the use of deadly force or have resulted in serious bodily injury or death. For purposes of this policy, all of the foregoing circumstances shall be referred to in summary form as “OIS” and/or “custodial death.” “OIS” is taken from “Officer-Involved Shooting” which is the common terminology nationwide for such events and is being used to reduce any miscommunications between local law enforcement agencies. 45.03 EXCLUSIONS Provisions of this policy do not apply to the following situations, unless the incident involves injury, death, or allegations of Deputy misconduct: A. Shots properly fired at an approved range, training facility or while lawfully hunting. 1 B. Shots fired in the necessary dispatch of a vicious or injured animal. A supervisor will investigate any such incident and make a report of the incident to the Division Chief. Such incidents will require, at a minimum, the completion of an Incident Report. C. Shots discharged by accident or negligence that are not an attempted use of deadly force. Such accidental discharges shall be investigated and documented by the Deputy’s supervisor. The supervisor will make arrangements, as soon as possible, with the Firearms Training Unit for the Deputy to report to the range for weapon inspection and possible remedial training. 45.04 PROCEDURE A. Any Deputy involved in an OIS/custodial death must immediately notify their supervisor of the incident and location. Until the Deputy(s) involved is relieved by the first arriving Deputy, they are responsible for securing the scene as the tactical situation permits, summon medical assistance, and if feasible, render first aid when it is safe for them to do so. An exception will be made if the Deputy is physically unable to fulfill these duties. B. When an incident occurs in the detention facility or other location where inmates may have witnessed the incident, they should be identified and separated, if possible, pending interviews by the Criminal Investigations Division (CID). C. A supervisor shall be dispatched as soon as possible to the scene of the incident, and shall assume primary responsibility for protecting the scene and caring for involved personnel. 1. The supervisor will ensure the safety and determine the condition of the Deputy(s), suspect(s), and third parties, and summon emergency medical service providers if not yet summoned for officers, suspects, and third parties. 2. If a Deputy has been injured, the supervisor will notify the Family Assistance Unit (FAU) and begin the following: a. Ensure that another Deputy accompanies and remains with the injured Deputy at the hospital until relieved by a Family Assistance Officer (FAO). b. Ensure that the Deputy’s family is notified on a priority basis and in person by a member of the Sheriff’s Office staff. c. The FAO shall ensure that family members are assigned transportation to the hospital or any other location where they are needed as soon as possible. d. Contact Media Services and not release the Deputy’s name prior to the family’s being notified. e. Assign a Deputy (until FAO arrives) to the family for security, support, control of the media, and visitors. f. Establish communications and related matters. g. If CID has not arrived, ensure that the clothing of Deputies and other injured persons is collected for potential evidentiary purposes. h. See that all equipment belonging to the Deputy is safeguarded. 3. If the Deputy is not immediately transported to the hospital, the supervisor shall briefly meet with him/her. Only minimal, preliminary questions should be asked about the incident. The Deputy should be advised that a more detailed debriefing will be conducted at a later time. The 2  supervisor must, however, obtain sufficient information to protect the scene and begin an investigation. At a minimum the supervisor should determine the following: a. If any other suspects are at large and get descriptions; b. Approximate number and direction of shots fired (to protect crime scene and ensure no other persons are injured); c. Description and location of any known victims or witnesses; d. Description and location of any known evidence; e. Any other information necessary to ensure officer and public safety and to assist in the apprehension of at-large suspects. 4. During any period where the involved Deputy is required to remain on the scene, but has no immediate duties to fulfill, the supervisor should see that the Deputy is taken to a quiet area away from the scene of the incident and outside public view. A support officer will be assigned immediately and shall be advised not to discuss details of the incident. The Deputy or Deputies involved should not be left alone for any reason during this time frame. 5. The supervisor should contact communications and provide enough information to immediately make the required notifications for Command Staff, CID, Internal Affairs (IA), etc... 6. The supervisor will establish a command post and appoint a recorder to make a chronological record of all activities, including the names and actions of any personnel who enter the incident scene. Sheriff’s Manual Chapter 19 – Evidence Collection, Destruction and Property Handling will be adhered to at all times. The recorder shall prepare a supplemental report detailing his/her activities and observations. The original chronological record and the supplemental report will be placed in evidence after the scene is cleared. Additional steps to secure the scene until the Crime Scene Unit arrives include: a. Ensure a series of photographs and/or video are taken to show things that will or may likely be changed. Minimize inadvertent alteration of evidence while taking photos. b. Protect, or collect if necessary, evidence in danger of being lost or destroyed, such as shoe impressions/prints or firearms evidence. c. Record/photograph/videotape transient details, such as all persons at the scene, vehicles in the area, lighting, weather, furniture moved for emergency medical teams, etc. 7. Once the scene is secure, if investigators have not yet arrived, the supervisor shall do the following: a. If the Deputy does not have possession of his gear/weapon then locate and secure in place the Deputy’s weapon, spent shell casings, and gear. 1) If the weapon is not secured in place, the supervisor obtaining the weapon(s) shall be responsible for its preservation and will personally place such equipment into evidence. 2) If the weapon is in the holster, the weapon must not be removed. 3) The weapon(s) will not be opened, unloaded or tampered with in any manner. Investigative personnel shall be responsible for processing equipment. 4) Supervisors will ensure a replacement weapon is obtained from the Firearms Training Unit. The Deputy must qualify with the replacement weapon prior to returning to duty. 3  b. Locate and secure the weapons and shell casings of any suspects. c. Collect information about the suspect(s) including name, address, age, and DOB. d. Locate and secure any clothing that may have been removed from the suspect or Deputy by medical personnel. e. Attempt to determine the original shooting positions of the suspect and Deputy. 8. The supervisor shall ensure that all audio/video recording systems, including Sheriff’s Office vehicle video systems and/or body worn cameras that were at the scene at the time of the incident, are stopped and secured to protect any evidence thereon. 9. The supervisor will see that a color photograph of the involved Deputy is taken. 10. The supervisor will ensure that the overall scene and evidentiary items are photographed and videotaped. 11. The supervisor should advise the Deputy that he/she may seek legal counsel. 12. The supervisor will explain to the Deputy that any standard investigations concerning the incident will be discussed with the involved Deputies, and that the investigations shall include a criminal and an internal investigation. 13. The supervisor shall advise the Deputy not to discuss the incident with anyone, except a personal or agency attorney, labor representative, or departmental investigator, until the conclusion of the preliminary investigation. 14. The supervisor will ask all Deputies present at the time of the incident if they are carrying any firearms other than their primary duty weapon. If so, these weapons will be examined before crime-scene personnel have left the scene. 15. The supervisor should permit that the Deputy involved may notify his/her family about the incident as soon as possible. 16. At all times, when at the scene of the incident, the supervisor should handle the Deputy, chaplain(s), District Attorney representative(s), IA/PIU personnel, labor representative(s) and all involved personnel in a manner that acknowledges the stress caused by the incident. 17. Upon arrival of investigators, the supervisor will brief the appropriate personnel on the details of the incident. 18. The supervisor shall prepare a detailed supplement report of his/her activities after being notified. D. Toxicology Screening: No Deputy involved in a fatal incident shall be required to submit to a toxicology screen unless reasonable suspicion developed during the course of the investigation. In the event a toxicology screen is required, it will be conducted in accordance with Collective Bargaining Agreement Article 22 Sec. 3, B., 2.. Two (2) samples will be collected; one sample is for testing and the other sample for evidence. E. Exposure to Bloodborne Pathogens 1. If Deputies involved in the incident received blood transfer on their skin from the suspect, victim, or other involved person, they will seek decontamination from on-scene medical 4  personnel as soon as possible and once due care has been taken to preserve/record the blood evidence. a. Multiple photographs of the blood transfer should be taken and a sample of the blood evidence should be collected if possible before decontamination begins. Due to the potential dangers associated with blood-borne pathogens and the possible psychological impact to involved deputies, it is not necessary to wait for members of the Criminal Investigations Division or Crime Scene Technicians to arrive for this process to begin. b. The process of photographing the blood evidence and sample collection can be initiated immediately after the scene has been secured, first aid and/or life saving measures have been completed and the appropriate notifications have been made. The member who completes this procedure will supplement the case report and be responsible for the placement of the photographs and blood samples they collected into evidence. 2. Handling of blood evidence will be in accordance with Sheriff’s Manual Chapter 19.05. F. Additional Notifications 1. The Sheriff’s Office will notify the District Attorney’s Office and shall cooperate with any investigation undertaken by the District Attorney. The Bexar county Sheriff’s Office remains responsible to carry out a full investigation independent of any investigation by the District Attorney’s Office. 2. The Sheriff shall determine if any other agency(s) will be notified or requests for assistance be made. In the case of a custodial death inside the Detention Center, an outside agency will conduct a separate investigation. 45.05 INVESTIGATION TEAM A. The Deputy Chief of the Criminal Investigations Division (CID) will assemble an Investigation Team consisting of investigators from CID led by a CID Supervisor, who will be referred to as a Team Commander. 1. Investigation Team shall be appointed to investigate all deputy involved shootings and custodial deaths and compile appropriate reports. 2. The Internal Affairs Unit (IA) and Public Integrity Unit (PIU) will investigate the same incident simultaneously to address policy and procedure concerns. B. Responsibilities of Team Commander: 1. To ensure a thorough and impartial investigation of all incidents within the scope of the team’s responsibilities, in accordance with Sheriff’s Office Manual of Policy and Procedures, Standard Operating Procedures, and laws of the State of Texas. 2. To determine the scope of the Investigation Team’s investigation and to refer appropriate cases for the filing of criminal charges, after conferring with the Sheriff. 3. To forward a full copy of the investigation to the Internal Affairs Unit immediately upon completion and approval of case report. 4. To forward a full copy of all pertinent documents as a confidential communication to the Sheriff as soon as they are prepared. 5  5. In the event criminal charges are filed, to retain all documents and evidence until the completion of any criminal or civil action against the Sheriff’s Office. 6. To ensure that every effort is made to protect the privacy of the Deputy or Deputies involved in an OIS or custodial death by not releasing personal information (i.e. home address, family names, phone number, etc.), except as required by law or court order. 45.06 RESPONSIBILITIES OF THE INTERNAL AFFAIRS AND PUBLIC INTEGRITY UNITS A. To observe the investigation, determine policy adherence, and report these observations to the Sheriff. B. To review all cases forwarded by the Investigation Team, and to conduct separate IA/PIU inquiries into appropriate cases. C. To advise the Sheriff of investigation results in all such cases. 45.07 PLACEMENT ON ADMINISTRATIVE LEAVE A. Deputies involved in an OIS or custodial death will be placed on administrative leave with pay immediately following the incident for five working days. B. Deputies will be given a “Post-Incident Procedure” handout to help address some questions or concerns the Deputy may have. C. Deputies placed on leave will be responsible for advising their supervisor/Chain-of-Command of his/her whereabouts should contact need to be made. D. All Deputies involved in an OIS or custodial death will be required to speak to a Sheriff’s Office referred/retained behavior health medical professional prior to being released from administrative leave. Any follow up visits will be determined by the Sheriff’s Office referred/retained behavior health medical professional. 45.08 OTHER AGENCY JURISDICTION In the event that a member of the Sheriff’s Office is involved in an OIS/custodial death in a jurisdiction outside of Bexar County, the agency having primary responsibility for that locale will assume the lead role in the investigation. The Bexar County Sheriff’s Office Criminal Investigations Division will assist only as requested by that agency. The Internal Affairs Unit and Public Integrity Unit will conduct a parallel investigation as outlined by applicable policy. 45.09 ADVISEMENT The deputy or deputies involved will be notified of the investigation’s outcome by their chain of command immediately upon completion of the investigation. 6