1.13.pdf

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Lethal Force Incident Policy 1.13 Effective Date: 06/30/2006 Amended Date: 11/04/2022 Reviewed Date: 05/10/2023 ACCREDITATION STANDARDS CALEA: 4.1.5, 4.2.3, 11.3.4 CFA: FCAC: FLA-TAC: FMJS: Discussion: This policy provides a set of genera...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Lethal Force Incident Policy 1.13 Effective Date: 06/30/2006 Amended Date: 11/04/2022 Reviewed Date: 05/10/2023 ACCREDITATION STANDARDS CALEA: 4.1.5, 4.2.3, 11.3.4 CFA: FCAC: FLA-TAC: FMJS: Discussion: This policy provides a set of general standards to ensure all investigative procedures and guidelines are met. These investigations specifically involve incidents resulting in the death or serious injury to a St. Johns County Sheriff’s Office employee or by a St. Johns County Sheriff’s Office employee to another person while utilizing force in the line of duty. [11.3.4] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Subject Deputies - Deputies who engage in the application of lethal force during the execution of their lawful duties (regardless of the outcome). The subject deputy(ies) will be treated as a survivor of a critical incident. Witness Deputies - Deputies who were on scene at the time of the application of lethal force, but are not directly involved in the deployment of lethal force. GENERAL.1 Unintentional firearm discharges and the elimination of animals will be covered under policy 1.8 Response to Resistance..2 Utilization of the guidelines set forth in this policy will:  Ensure Lethal Force Incidents are investigated in a manner which will provide a complete set of facts, while also protecting the rights of those involved.  Provide adequate staffing levels to ensure all required duties are addressed.  Ensure all required support agencies and investigative resources are utilized during the investigation.  Assure the public the investigation has been conducted in a professional and non-biased manner. Lethal Force Incident 1.13 Page 1 of 9 DUTIES OF SUBJECT DEPUTY.3 If a deputy becomes involved in the application of force in which a suspect or any other person is seriously injured or killed, or in a shooting incident with a suspect regardless of injuries or death, the deputy will do the following:  Request a Fire / Rescue unit and render appropriate medical aid. In cases of minor injuries where the subject will be arrested, the subject shall be transported to the appropriate medical facility prior to incarceration [4.1.5]  Immediately notify their supervisor  Secure the scene(s) and request any necessary assistance.4 After a shooting incident, and the scene has been secured, and there is no longer a threat, the involved deputy will not reload their firearm, nor in any way tamper with or change the sequence of expended rounds in the firearm. DUTIES OF INITIAL RESPONDING DEPUTIES.5 All initial responding deputies will assist with the following:  Rendering first aid [4.1.5]  Securing the scene (inner and outer perimeter)  Identifying and separating witnesses RESPONSIBILITIES: PATROL SUPERVISOR AND WATCH COMMANDER Patrol Supervisors.6 The Patrol Supervisor should immediately respond to the scene and identify the subject deputy(ies), witness deputy(ies), and the witnesses. In addition, they must ensure the crime scene is secure, direct responding units, and notify the Watch Commander..7 Once the scene is determined to be safe, request Fire / Rescue personnel to respond and medically evaluate all involved parties..8 Patrol Supervisors will assign a “support deputy(ies)” to the subject deputy(ies)..9 In carrying out their duties, the Patrol Supervisor will need to determine the basic information of the deployment of lethal force such as:  Did the subject deputy(ies) or anyone else sustain any injuries?  Who deployed the lethal force?  Who witnessed the lethal force?  The location and / or identification of suspects or witnesses, if known  The location of any evidence related to the incident  Supervisors will not ask questions about the incident beyond determining the needs of subject deputies and the proper security of the crime scene.10 All Supervisors present on the scene will be required to submit a supplemental report detailing their involvement in the incident under review. Lethal Force Incident 1.13 Page 2 of 9 Watch Commander.11 Responsibilities of the Watch Commander include, but are not limited to:  Institute the Incident Command System (ICS)  Request Unified Command Center (UCC) to respond, if needed  Establish a staging point away from the inner and outer perimeter for all responding personnel. Any personnel responding to the scene(s) will be required to report to the staging point before receiving their respective assignments  Determine proper staging areas for UCC, Rescue, Media and any other responding resources [11.3.4, d]  Notify the deputy’s chain of command up to including the Sheriff  In case of serious injury or death, notify the General Services Division Director  Notify the deputy’s spouse or other immediate family. In the case of death or serious injury to an agency employee, refer to policy 41.16 Line of Duty Deaths  Notify the Media Relations Officer / designee [11.3.4, d]  Notify an agency Chaplain, if appropriate  Assign an agency deputy to initiate a crime scene log and act as a “Log in deputy”  As soon as practical, ensure subject deputy(ies) are removed from the scene and / or perimeter positions [4.2.3]  Ensure the policy 26.6 Drug Screening is reviewed and followed as it relates to the use of lethal force  Secure additional manpower to replace the subject deputy(ies) involved in the critical incident (shift coverage, etc.)  Secure additional manpower to provide twenty-four (24) hour scene security. The scene will only be released by the Major Crimes Lieutenant or the Criminal Investigations Captain COORDINATION WITH INVOLVED PERSONNEL Subject Deputies.12 When the subject deputy(ies) is / are identified, it is the responsibility of the Major Crimes Lieutenant to determine their ability to provide the facts of the incident..13 If a deputy’s emotional state does not allow for them to provide immediate on-scene information into the investigation, arrangements will be made through the Patrol Division chain of command to seek assistance for the affected employee..14 If the subject deputy(ies) is / are sufficiently stable and able to provide information for the investigation, the first Supervisor on the scene will separate the deputy(ies) away from the general public and other employees of the Sheriff’s Office. [4.2.3].15 Separation at the scene may be best achieved by placing the deputy(ies) in a vehicle, inside the outer crime scene..16 A support deputy will be assigned to the subject deputy..17 Subject deputy(ies) shall not discuss with, or make any statements to, any parties other than the agency investigative team. Comments or statements regarding the incident are not considered privileged communications. See also policy 52.1 Internal Affairs. Lethal Force Incident 1.13 Page 3 of 9.18 Only members of the Major Crimes Unit assigned to conduct the investigation should question the subject deputy..19 Subject Deputies will be contacted a minimum of forty-eight (48) to seventy-two (72) hours after the incident for their formal interview and / or prepared statement. Subject deputies may have legal counsel present. Witness Deputies.20 Once a witness deputy is identified, they will not be allowed to communicate with the subject deputy(ies) or other witness deputy(ies) concerning the events under investigation until formal statements are provided..21 Isolation of a witness deputy is not always necessary. There are times when they may be used to perform crime scene security functions or other duties..22 A witness deputy has no legal right to consult with an attorney prior to or while providing a statement. If a witness deputy requests to speak with an attorney, the Major Crimes Lieutenant will consult with the Criminal Investigations Captain. Together, they will review the circumstances and make a determination as to whether or not it is appropriate..23 During an interview, a witness deputy is obligated to tell the truth and has no legal right to withhold information.  If a deputy being interviewed as a witness is in fact a subject deputy, the deputy should make the information known as soon as possible so they can be afforded the rights of a subject deputy  A witness deputy may be used to conduct an “on-scene walk through,” if deemed appropriate.24 In addition to providing a statement, a witness deputy will complete a detailed account of the incident on a supplemental report. The detective conducting the interview and the Major Crimes Supervisor will review the contents of the supplemental report. This is to ensure all pertinent details are included. Patrol Deputies.25 All patrol deputies present on the scene will be required to submit a supplemental report specifying the details of their duties and their contact with citizens at the scene. This supplemental report will be completed and reviewed prior to being released from the scene. Lethal Force Incident 1.13 Page 4 of 9 RESPONSIBILITIES: MAJOR CRIMES SUPERVISOR.26 The Major Crimes Supervisor will be responsible for all investigative duties to include, but not limited to: [11.3.4, a]  Assign a Lead Detective  Request Crime Scene Technicians  Supervise the inner crime scene  Coordinate and conduct an on-scene “walk-through” of the crime scene with the Lead Detective.27 When applicable, the “walk through” should include:  A subject or, when more appropriate, a witness deputy  Subject deputy’s legal representative, if applicable  The Lead Crime Scene Technician and / or Forensics Unit Manager / Supervisor.28 Coordination with:  Lead Detective  Assigned Crime Scene Technician(s)  Lead Crime Scene Technician and / or Forensics Unit Manager / Supervisor.29 The Major Crimes Supervisor may also be responsible for:  Notifying the Medical Examiner.  Ensuring adequate space is available at the St. Johns County Sheriff’s Office for interviews and sworn statements.  Reviewing available reports and coordinate the re-interview of witness deputies, if necessary.  Coordinating the arrest and transportation of any suspect(s).  Notifying the appropriate personnel to replace any firearms used to deploy lethal force.  Coordinate with the Lead Detective or designated team member regarding the process of collecting and issuing weapons to the subject deputy(ies). Surplus weapons will be carried by the agency Armorer who will respond to the scene upon request..30 It shall be the responsibility of the Lead Detective or designated team member to inspect the subject deputy’s weapon.  The Lead Detective or designee shall ensure the status and condition of the subject deputy’s weapon is properly documented and photographed  Weapons used by subject deputies shall remain in the deputy’s custody and control until collected by the Lead Detective (designee) or Crime Scene Technician  Subject deputies shall be reminded their weapon is evidence  Subject deputies will not be required to relinquish their duty weapons until the Armorer can issue an interim weapon Lethal Force Incident 1.13 Page 5 of 9 RESPONSIBILITIES: MAJOR CRIMES LIEUTENANT.31 Coordinate any needs for special equipment or special investigative support assistance, such as other Investigative Sections, FDLE, Military, etc. [11.3.4, b].32 Brief the Criminal Investigations Captain regarding details of the investigation and provide updates as necessary..33 Contact the Internal Affairs Lieutenant and provide a briefing of the facts known to them at the time regarding the incident..34 A Public Information Plan will be coordinated with the agency Media Relations Officer, to include all involved organizations. [11.3.4, d].35 Notify the agency provided attorney to respond..36 Contact and brief the agency General Counsel on the incident..37 Provide a detailed summary of the incident, including the preliminary classification to the Investigations Captain..38 Ensure a proper scene cleanup is conducted. This is for the removal of items such as:  Crime scene tape  Rescue materials  Biohazard contaminants (i.e., blood).39 Coordinate an on-scene meeting with the Major Crimes Supervisor, Lead Detective, Lead Crime Scene Technicians, and / or Forensics Unit Manager / Supervisor to determine if additional evidence processing is necessary..40 Ensure proper Staff notification.  Chain of Command – Involved Deputy(ies)  Chain of Command – Criminal Investigations Division  Risk Management.41 Ensure after the State Attorney’s Office findings are completed, all proper Response to Resistance BlueTeam entries are completed in accordance with policy 1.8 Response to Resistance Lethal Force Incident 1.13 Page 6 of 9 RESPONSIBILITIES: INVESTIGATIONS CAPTAIN.42 Assign the Major Crimes Supervisor and their team the responsibility of the primary / lead investigation. [11.3.4, b].43 Determine a preliminary classification of the incident (criminal, justifiable, etc.)..44 Provide a summary of the incident, including the preliminary classification to the Command Staff..45 Coordinate an investigative debrief at twenty-four (24) and forty-eight (48) hours after the incident to insure investigative needs are being met..46 The following personnel should be in attendance during the debrief:  Patrol Division Director  Affected Patrol Captain  Criminal Investigations Captain  Major Crimes Lieutenant  Major Crimes Supervisor  Internal Affairs Lieutenant  Lead Detective and Investigative Team  Lead CST and / or Forensics Unit Manager / Supervisor  Other members as deemed necessary by the Investigations Captain.47 Coordinate an Executive Staff debrief at approximately seventy-two (72) hours after the incident. RESPONSIBILITIES: PATROL DIVISION DIRECTOR.48 Any employee, whose action(s) or response to resistance in an official capacity results in death or serious physical injury, will be removed from current duty assignment, pending an administrative review. [4.2.3]  The subject deputy will be placed on administrative leave or temporarily reassigned to administrative duties, as needed.49 For EAP assistance and mandatory referral see policy 22.10 Personnel Actions. Lethal Force Incident 1.13 Page 7 of 9 STATE ATTORNEY’S OFFICE REPRESENTATIVE.50 The Major Crimes Supervisor will coordinate with the on-call Assistant State Attorney (ASA) and State Attorney Investigator..51 The Major Crimes Lieutenant and the Major Crimes Supervisor will brief the ASA regarding the inner crime scene to ensure all necessary evidence has been lawfully collected and / or processed..52 The Major Crimes Lieutenant will consult with the ASA to determine a preliminary classification of the case. [11.3.4, c].53 The Lead Detective and the Major Crimes Supervisor must ensure cooperation and coordination with the State Attorney’s Office. [11.3.4, c].54 Members of the Major Crimes Unit will remain in control of the scene and ensure a fair and objective investigation is conducted. LEGAL COUNSEL.55 The Sheriff’s Office will provide legal counsel to the subject deputy(ies).  A subject deputy may also request their own legal counsel outside of that provided by the Sheriff’s Office  The attorney who responds to represent the subject deputy(ies) will be afforded all reasonable courtesy. The attorney will be allowed to consult with the subject deputy(ies) in private at the scene, and / or at the St. Johns County Sheriff’s Office  If the attorney deems it necessary to obtain additional legal counsel for other subject deputies, the additional legal counsel will be afforded the same courtesy as extended to the primary attorney.56 If an attorney representing a subject deputy asks to speak with a witness deputy, the appropriate Patrol Captain and the Major Crimes Lieutenant will review the circumstances to determine if such consultation is appropriate. RESPONSIBILITIES: RISK MANAGEMENT SUPERVISOR.57 The Risk Management Supervisor or designee will be the liaison for employees involved in shooting incidents. Liaison responsibilities include but may not be limited to:  Keeping track of appointments  Notification of appointments to employee and chain of command  Lab work / Chain of Custody  Employee Assistance Programs meetings - track, notify effected employee and chain of command [4.2.3]  Internal Affairs interview appointments - track, notify effected employee and chain of command Lethal Force Incident 1.13 Page 8 of 9 TRAINING.58 Awareness training for all personnel potentially impacted and process training for agency personnel responsible for managing such incidents will be provided by the agency. [11.3.4, e, f] ____________________ Robert A. Hardwick Sheriff Lethal Force Incident 1.13 Page 9 of 9