Aurora Police Department Directives Manual PDF

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 05.07 INVESTIGATING USES OF LETHAL FORCE Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 10.03, 10.05, 10.11, 10.12, 14.01 Associated Forms: 023, 111, 112, 125, 192, 520-333 References: C.R...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 05.07 INVESTIGATING USES OF LETHAL FORCE Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 10.03, 10.05, 10.11, 10.12, 14.01 Associated Forms: 023, 111, 112, 125, 192, 520-333 References: C.R.S § 24-31-305(2.5), C.R.S § 24-33.5-114(4) C.R.S § 24-72-303, HB 19-119, SB 15-218, SB 19-166, COA Charter § 3-16(8) Review Authority: 5.7.01 Chief of Police and APD Legal Advisor(s) PURPOSE The purpose of this directive is to outline the procedure that shall be followed when an Aurora Police Department (APD) sworn member(s) is involved in a lethal force incident (i.e., officer-involved shootings, fatal use of force, etc.). 5.7.02 SCOPE This directive applies to all sworn members of APD. 5.7.03 DEFINITIONS Definitions from the following directives apply to this directive: - DM 05.01 - Use of Force - DM 05.02 - Use of Force Model - DM 05.03 - Less-Lethal Devices, Weapons, and Techniques - DM 05.04 - Authorized Firearms, Weapons, and Ammunition - DM 05.05 - Reporting Use of Force - DM 05.06 - Investigating Use of Force Public Safety Statement: A statement by a sworn member given immediately after being involved in any use of lethal force incident. Public safety statements are given to ensure the safety of the public and other sworn members. Involved Sworn Member: The sworn member who is alleged to have used lethal force. Involved Agency: The law enforcement agency with whom the involved sworn member is associated by employment or other similar contractual relationship, or the law enforcement agency that requests activation of the Multi-Agency Team (MAT). Page 1 of 10 DM 05.07 - Investigating Uses of Lethal Force Revised: Aug-18-2023 Witness Sworn Member: Any sworn member identified as a witness to the incident who, based on the evidence, is not an involved sworn member. 5.7.04 POLICY In accordance with C.R.S. § 16-2.5-301, APD shall participate in a Multi-Agency Team (MAT) to investigate an incident involving the discharge of a firearm by a peace officer that resulted in injury or death, or other use of force by a peace officer that resulted in death. The MAT and APD Major Crimes Homicide Unit (MCHU) will conduct separate criminal investigations independent of one another and free of outside interference. While both investigations will arise from the same incident, the MAT investigation will determine whether there was any violation of criminal law by any Involved Sworn Member, and the MCHU investigation will determine whether any crimes were committed by any involved subjects. Neither investigation will be subject to the authority of the other. It is permissible for both the MAT and the MCHU to request information from each other, provided that the information is not shared in a manner that compromises the credibility or independence of each investigation. IAB will conduct any directed concurrent administrative investigations independent from any criminal investigations. Any compelled statements will be subject to Garrity protections. The investigations shall be conducted in the following manner: The Multi-Agency Team (MAT): MAT, on behalf of the appropriate district attorney’s office, is responsible for investigating the use of lethal force by any sworn member(s) and whether any part of that use of force violated criminal statutes. At the conclusion of the MAT investigation, the lead investigator will present their findings, first to the appropriate district attorney’s office and second to the APD Chief of Police. The purpose of the presentation to the district attorney is to provide them with all available facts and information in order to make a decision on whether any involved sworn member(s) committed any criminal violations. The purpose of the presentation to the Chief of Police is to provide the head of the agency with facts and information on the actions of any sworn member(s) during the course of the incident. It is the policy of the APD to cooperate in all aspects of these investigations with the goal of conducting objective, thorough, and professional investigations into such incidents. Major Crime Homicide Unit (MCHU): MCHU will be the lead investigative unit and single point of contact responsible for investigating any criminal activity by any involved subjects leading up to, during, and after the use of lethal force by any sworn member(s). Force Investigation Unit (FIU): FIU completes a fact-finding internal administrative investigation regarding the use of force and will investigate any potential policy violations in conjunction with IAB. Internal Affairs Bureau (IAB): IAB is responsible for investigating whether sworn member(s) acted within APD policy throughout the incident. Page 2 of 10 DM 05.07 - Investigating Uses of Lethal Force 5.7.05 Revised: Aug-18-2023 DISCHARGE OF A FIREARM Whenever a member discharges a firearm while on duty, working secondary employment, or acting under the color of authority in an off-duty capacity, regardless of the member's intent, the incident will be handled as use of lethal force/officer-involved shooting (OIS). The following three exceptions exist: a. During training exercises, approved qualification courses, or authorized firearms practice sessions conducted by the Aurora Police Department where death, serious bodily injury, or hospitalization of a person does not occur. b. Unintentional discharges, outside of item "a" above, where only City of Aurora property or no property was damaged, will be investigated in accordance with Aurora Police Department Directive DM 05.09 Unintentional Discharge of Weapon. c. Intentional discharges for the purpose of destroying a critically injured or vicious animal. These situations will be handled in accordance with DM 05.01 - Use of Force. 5.7.06 MAT AND MCHU ACTIVATIONS The MAT and APD MCHU will investigate the following incidents as uses of lethal force: - Use of force involving the intentional discharge of a firearm by a sworn member(s). - Other uses of force by a sworn member(s) that result in death. - When a sworn member(s) recklessly or consciously disregards a substantial and unjustifiable risk to the life of a member of the public while using any force. If the incident occurs outside of the City of Aurora, the agency with jurisdictional authority will be notified, and they will handle the investigation according to their policy. APD personnel shall be notified and, if required, respond to the incident according to the OIS Matrix. 5.7.07 INVOLVED SWORN MEMBER For purposes of this specific directive, "involved sworn member" refers only to the sworn member(s) who discharged their firearm or used other means of lethal force during the event under investigation. Any sworn member(s) involved or a witness to a use of lethal force incident shall personally notify a supervisor of the incident and location as soon as practical. This notification should be done through an Aurora911 primary radio channel (i.e., PD-1, PD-2, or PD-3). A delay in the required notification is allowed, if required, to render first aid, maintain an arrest, prevent an escape of a subject, protect a crime scene, or when the sworn member is incapacitated, or an immediate threat to the public or sworn member(s) still exists (e.g., multiple active shooters). Until relieved by the next arriving sworn member, the involved sworn member(s) will remain responsible for rendering first aid, requesting emergency medical aid if required, and protecting the crime scene and evidence. An exception will be made if the sworn member(s) is physically unable to fulfill these duties. Page 3 of 10 DM 05.07 - Investigating Uses of Lethal Force Revised: Aug-18-2023 The involved sworn member(s) shall provide a public safety statement advising the arriving and/or relieving sworn member(s), supervisor(s), MCHU, and/or MAT investigator(s) of the location of occurrence, suspect(s), witness(s), and evidence. Once the involved sworn member(s) is being transported to APD headquarters, they shall not discuss any aspects of their use of lethal force, the incident, or surrounding events or circumstances with anyone until they have spoken with the attorney representing them in their individual capacity. The involved sworn member is required to protect their firearm for examination. When the scene is secure and safe, the involved sworn member shall keep their firearm in their holster until they are transported to APD Headquarters and met by a member of MAT or MCHU accompanied by a member of the Crime Scene Unit (CSU). If the firearm used is a rifle, the supervisor on the scene will collect the firearm and secure it in their vehicle, transport it to APD Headquarters, and will be met by a member of MAT or MCHU accompanied by a member of the Crime Scene Unit (CSU). The involved sworn member is to keep their firearm in the condition that it was in at the conclusion of the incident. No unloading of firearms shall be done until directed by a member of the MAT or MCHU. The firearm will be safely unloaded in an interview room and video/audio recorded. Still photographs will be taken by CSU. In circumstances where the involved sworn member(s) is incapacitated and transported to a medical facility or otherwise unable to respond directly to headquarters, the scene supervisor is responsible for ensuring that the involved sworn member’s firearm(s) still on their person is removed. The firearm will remain in the condition in which it was received until transferred to the control of a member of MAT or MCHU accompanied by a member of CSU for processing and safekeeping. The Chief of Police or designee will advise the member of their regular duty status being changed to administrative leave. The involved sworn member(s) shall not access digital evidence related to the incident until after their interview with MAT investigators. 5.7.08 ON-SCENE SUPERVISORS An on-scene supervisor is required to ask the involved sworn member(s) to provide a public safety statement. The sworn member shall provide a public safety statement that is limited to the questions outlined in section 5.7.09 - Public Safety Statements. The patrol supervisor on the scene will ensure that all responding sworn members complete their responsibilities with regard to reports, evidence, and the crime scene. The on-scene supervisor will have the involved sworn member(s) transported separately to the waiting area in the Investigations Bureau at APD Headquarters as soon as they are no longer needed at the scene. The use of lethal force incident or surrounding events or circumstances shall not be discussed between the involved sworn member(s) and the transporting sworn member(s). 5.7.09 PUBLIC SAFETY STATEMENT Public safety statements are given to ensure the safety of the public and other sworn members after any use of lethal force. Failure to provide a public safety statement could subject the involved sworn member(s) to formal discipline up to and including termination as outlined in DM 10.02 - Complaint and Discipline Procedures for Sworn Members. Page 4 of 10 DM 05.07 - Investigating Uses of Lethal Force Revised: Aug-18-2023 Public safety statement questions may include and must be limited to the following questions: 1. Is there anyone injured? - If so, where are they located? 2. Where did the incident(s) take place? 3. Are all suspects in custody? 4. If a firearm was discharged, what direction was it fired? 5. Is there any evidence that needs to be secured? 5.7.10 BODY-WORN CAMERA DEACTIVATION AFTER A CRITICAL INCIDENT The on-scene supervisor, either a sergeant or lieutenant, will obtain the body-worn camera (BWC) from all the involved members prior to the sworn members leaving the scene of the incident. The on-scene supervisor will retain the BWC(s) until the Electronic Support Section (ESS) supervisor arrives on the scene and takes possession of the BWC(s). The ESS supervisor will prepare the BWC video for viewing within the command post for designated members and CIRT. The supervisor will coordinate the relocation of the involved member(s) by pairing them with a transport officer(s). Once the involved member(s) and transport officer(s) have entered a transport vehicle, the transport officer shall turn off their body-worn camera. 5.7.11 PERSONNEL ASSIGNED TO TRANSPORT THE INVOLVED SWORN MEMBER(S) Personnel assigned to transport the involved sworn members shall do the following: a. The involved sworn member(s) shall be transported separately to the Investigations Bureau at APD Headquarters and taken to a private room. The MAT and MCHU investigators will be advised of the involved sworn member’s location. b. Before the involved sworn member(s) washes their hands, they need to request authorization to complete such action with a member of the MAT or MCHU. If a sworn member has biohazards on their person, they may be allowed to de-contaminate themselves for safety reasons. c. The involved sworn member should be provided with APD Form 226 - OIS Officer Resource Advisement and a Trauma Response Team Packet. d. Visitation to the involved sworn member(s) shall be limited to an attorney and/or any member outlined in the Involved Officer Resource Advisement form approved by the involved sworn member(s). All other individuals requesting visitation with an involved sworn member shall first receive authorization from the responding Investigations Bureau Commanding Officer, the Major Crimes Investigations Section Lieutenant, or a Major Crime Homicide Unit Sergeant. The sworn member that provided the transport shall remain in the room with the involved sworn member at all times except when the involved sworn member’s attorney, peer support, and/or psychological services personnel are with the involved sworn member with prior approval. e. All movement of the involved sworn member(s) or visitors shall be noted by the transporting sworn member in their supplemental report. Page 5 of 10 DM 05.07 - Investigating Uses of Lethal Force f. Revised: Aug-18-2023 In the event that the involved sworn member(s) is injured and transported to a medical facility, the transporting sworn member shall control access to the involved sworn member(s) in the same manner as listed above until relieved by MAT or MCHU personnel. g. The transporting sworn member shall advise the relieving sworn member of the status of the above and ensure that the relieving sworn member is provided with the Critical Incident (OIS) –Transport Officer Responsibilities APD Form 227 - OIS Transport Protocol. 5.7.12 RESTRICTED ACCESS TO INVESTIGATIVE AREAS During use of lethal force investigations, designated areas of the Investigations Bureau will be off-limits to all personnel not directly involved in the investigation. Signs will be posted at specific entrances and offices, indicating the area to be off-limits. The following rules apply to restricted areas: a. Only those individuals who have a desk or function in given areas will be allowed inside the restricted area. The only other persons allowed to enter the restricted area are the Chief of Police, Deputy Chief of Police, Division Chiefs, Duty Executive Officer, Investigative Bureau Commanding Officer, Major Investigations Section Lieutenant, Major Crimes Homicide Unit Sergeant, Multi-Agency Team personnel, and Major Crimes Homicide Unit Detectives, the on-call District Attorney, CSU personnel, Peer Support, Psychological Services, and the attorney approved by the involved member. b. The Investigations Bureau Commander, Major Crimes Investigations Section Lieutenant, Chief of Police, or designee must approve all other personnel for entry to the restricted area, including all Fraternal Order of Police (FOP) or Aurora Police Association (APA) board members or their designees. c. All other personnel who have an immediate need to be near the proceedings may wait in the APD Headquarters break room or front lobby. d. If conflicts arise regarding the use of designated areas, the Multi-Agency Team and/or Major Crimes Homicide Unit will have priority over other needs, and the Investigations Bureau Commander will resolve conflicts. 5.7.13 INITIAL PROCEDURES Please refer to the following MAT Protocols for initial procedures: - 17th Judicial District – Adams County and Broomfield County Appendix 5.11-17JD Adams CIRT Protocols - 18th Judicial District – Arapahoe County and Douglas County Appendix 5.11-18JD Arapahoe CIRT Protocols - If a use of lethal force incident occurs outside the jurisdiction of the 17th or 18th Judicial Districts, the oncall Investigations Bureau Command Officer will notify the law enforcement agency of where the incident occurred and coordinate the response of the appropriate MAT. APD personnel shall be notified and, if required, respond to the incident according to the OIS Matrix. Page 6 of 10 DM 05.07 - Investigating Uses of Lethal Force 5.7.14 Revised: Aug-18-2023 NOTIFICATIONS The on-scene patrol supervisor will notify the Patrol Lieutenant. All available information will be relayed via telephone or in person, if possible, rather than using a police radio. After obtaining information from the on-scene supervisor and, if required, other sworn members, the Patrol Lieutenant shall initiate the notification process (see OIS Matrix for further information). Duty Lieutenant - Duty Executive - On-call Investigations Bureau Command Officer - Force Investigation Unit (FIU) supervisor - Electronic Support Section (ESS) supervisor Investigations Bureau Command Officer - On-call Major Crimes Investigations Lieutenant - Victim Services Unit Major Crimes Investigations Lieutenant - The MCHU Lieutenant and Sergeant shall respond directly to the incident scene. - Notification to the appropriate Judicial District Critical Incident Response Team (CIRT) depending on the location of where the incident occurred. - The MCHU Lieutenant shall direct the lead MAT investigators to respond to the incident scene. The Michael Thomas conference room at HQ will be open and available to the MAT. The MCHU Lieutenant and Sergeant shall designate and assign a liaison for the Michael Thomas conference room at APD HQ. - 17th Judicial District – Adams County and Broomfield County Appendix 5.11-17JD Adams CIRT Protocols - 18th Judicial District – Arapahoe County and Douglas County Appendix 5.11-18JD Arapahoe CIRT Protocols - If a use of lethal force incident occurs outside the jurisdiction of the 17th or 18th Judicial Districts, the on-call Investigations Bureau Command Officer will notify the law enforcement agency of where the incident occurred and coordinate the response of the appropriate CIRT. Duty Executive - Internal Affairs Bureau (IAB) Commander - Chief of Police or designee - Deputy Chief of Police Page 7 of 10 DM 05.07 - Investigating Uses of Lethal Force - Duty Chief - Division Chief of the Involved Member - Aurora City Attorney's Office Police Legal Advisor(s) - Revised: Aug-18-2023 Consent Decree Monitor (CDM) - Aurora Police Association (APA) Board of Directors Member or a Board Member from the Fraternal Order of Police (FOP) – Any involved member should be asked for clarification regarding their affiliation to make appropriate notifications. The board member may arrange for an attorney for the involved member(s). - Public Information Officer (PIO) - The Psychological Services Unit only after coordination with the Major Crime Homicide Unit (MCHU) and the Major Crimes Investigations Bureau Commander. The Duty Chief or designee will determine what additional personnel, if any, need to be notified or are required to respond. 5.7.15 INITIAL MCHU BRIEFING The District Patrol Watch Commander or, if none, the District Sergeant will gather all pertinent information pertaining to the incident and a timeline of events from the time of dispatch until briefing and conduct the presentation to investigators. The sworn member assigned to complete the briefing shall have completed and have available APD Form 231 - Initial MCHU Briefing Checklist and Timeline prior to the briefing. Officer-level members will not conduct the briefing. Upon gathering all required information at the scene, either the MCHU Lieutenant or Sergeant shall respond to the Michael Thomas conference room to provide CIRT representatives with a detailed briefing. 5.7.16 PSYCHOLOGICAL SERVICES UNIT The Psychological Services Unit will contact all involved sworn members in a lethal force incident. Unless the involved sworn member(s) is in immediate need of psychological counseling, the psychologist will meet with the sworn member in coordination with the Employee Support and Wellness Unit. Other sworn members identified as having been impacted by the event under investigation to such a degree that assistance is required shall be provided that assistance. 5.7.17 OTHER OFFICERS AND PERSONNEL ASSIGNED Sworn members involved in the incident shall not discuss anything about the incident with other involved sworn members until permission is granted by the Chief of Police or when the sworn members(s) receive their declination letter from the appropriate district attorney’s office; however, all existing legal privileges apply. Page 8 of 10 DM 05.07 - Investigating Uses of Lethal Force 5.7.18 Revised: Aug-18-2023 COMPLETION OF REPORTS Only sworn members who discharged their firearms and/or used lethal force, or are specifically identified by MAT investigators, shall participate in an audio and/or video interview. Sworn members who participate in audio and/or video interviews with MAT investigators shall not be required to complete a written report on the event. The final determination of who will be audio and/or video interviewed will rest with MAT. All other sworn members involved with the event under investigation shall complete written reports as required by Aurora Police Department Directives DM 08.10 - Reports and DM 05.05 - Reporting Use of Force. 5.7.19 INFORMATION RELEASE All public statements regarding a lethal force incident shall be made by the Chief of Police or designee. The lead MCHU investigator and designated Public Information Officer (PIO) will collaborate and be responsible for all requests related to CCJRA. The MCHU detective will collaborate with the Digital Evidence Unit supervisor, and they will be responsible for digital media releases pertaining to the incident for all requests related to C.R.S. § 24-31-902. 5.7.20 CHIEFS BREIFING The following day of the incident, the lead MCHU representative will brief the Chief(s). The briefing shall be attended by a designated representative(s) from the following: - Public Information Officer (PIO) - Electronic Support Section (ESS) - Crime Scene Unit (CSU) - Duty Executive - Force Investigation Unit (FIU) - Internal Affairs Bureau (IAB) - Aurora City Attorney's Office Police Legal Advisor(s) - Consent Decree Monitor (CDM) - Auxiliary investigative specialty unit that has been assigned to assist MCHU with the investigation. - Community Relations Representative During the briefing, MCHU and CSU or their designees will collaborate and provide the list of physical and digital evidence that exists for the incident. Page 9 of 10 DM 05.07 - Investigating Uses of Lethal Force 5.7.21 Revised: Aug-18-2023 ADMINISTRATIVE REVIEW Prior to the Chief of Police approving the involved sworn member’s return to any duty assignment, sworn members shall have been approved for return to duty by Psychological Services. Also, the Chief of Police will be provided an update by MAT, MCHU, Employee Support and Wellness Unit, and Media Relations Unit (PIO) on the incident. The initial update is set to occur no later than 60 days after the incident. At this meeting, the following information will be provided: - MAT will provide a review and status of the investigation into the use of lethal force. - MCHU will provide a review and status of the investigation into the criminal actions of the subject. - Employee Support and Wellness Unit will provide updates on the involved member's progress through post-critical incident care and the Reintegration Program. - Media Relations will be responsible for providing an update on department messaging and analyses of community and media interest. Upon completing the 60-day review, the Chief of Police or designee will either return the sworn member to their regular duty assignment, continue their administrative assignment, or reassign the sworn member to another non-regular duty assignment. If the decision by the Chief of Police is to continue the administrative or non-regular duty assignment, a second review will be scheduled no later than 30 days from the initial review. If it is determined during the second review that the administrative assignment will continue beyond the initial 90-day time frame post-incident, the Chief of Police will have the option to defer further reviews until substantial updates occur in the investigation. If the review is deferred, the involved sworn member shall be contacted and advised of the reasons for the extended delay. Each incident will be handled on a case-by-case basis. The Chief's determination for any one incident, officer, or group of officers should not be construed as a practice or policy for other officers. 5.7.22 FIREARM RETURN PROCESS When a firearm or other weapon has been used in an officer-involved shooting or fatal use of force, it is seized as evidence. When the appropriate district attorney’s office determines that no criminal charges will be filed against the sworn member, they notify APD MCHU. Once MCHU is notified, they will notify the APD FIU and the Property and Evidence Unit at [email protected] that the declination letter has been received and that the weapon is available for department compliance testing. FIU will pick up the firearm and take it to the APD Range Unit for firearm inspection. Once completed, FIU will place the firearm back into APD Property and Evidence. Once FIU has presented the use of force investigation to FRB and the use of force has been adjudicated, FIU will notify IAB that there is no further necessity for MCHU, FIU, or FRB to hold the firearm. Upon the conclusion of all criminal and administrative investigations, IAB will make the final determination to release the firearm back to the sworn member. IAB will notify the Property and Evidence Unit and the sworn member that they can pick up the weapon. Page 10 of 10