Aurora Police Department Use of Force Investigations PDF

05.06 USE OF FORCE INVESTIGATIONS Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 05.01, 05.02, 05.06 References: C.R.S. § 18-1-707, 18-8-802, 24-31-905 Review Authority: Professional Standards and Training Division Chief and APD Le...

05.06 USE OF FORCE INVESTIGATIONS Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 05.01, 05.02, 05.06 References: C.R.S. § 18-1-707, 18-8-802, 24-31-905 Review Authority: Professional Standards and Training Division Chief and APD Legal Advisor(s) 5.6.01 PURPOSE The purpose of this directive is to provide sworn members of the Aurora Police Department (APD) with clear and direct guidelines to follow when investigating uses of force. 5.6.02 SCOPE This directive applies to all sworn members of APD. 5.6.03 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 Force Investigation Unit (FIU): The FIU is a unit of the Professional Standards Section (PSS) within the Professional Standards and Training Division. The FIU is charged with investigating the application of force by members of the Department along with the administrative collection, formatting, and presentation of information relevant to the incident. Hospitalization: The subject is admitted to the hospital for a force-related injury. Minor Injury: An injury that does not require professional medical treatment. Off Duty: A sworn member who is not working a scheduled shift or secondary employment. Professional Medical Treatment: Professional medical treatment means being seen for evaluation or treatment by a health care professional such as a physician, nurse practitioner, or physician assistant. Multi-Agency Team (MAT) | Critical Incident Response Team (CIRT): As required by CRS § 16-2.5-301 MAT/CIRT will investigate any incident where; a member of the Aurora Police Department uses, may have used, or is the subject of the use of deadly physical force; or where there is a substantial risk of death. In- Page 1 of 5 DM 5.06 - Use of Force Investigations Revised: Aug-18-2023 custody incidents resulting in death or when a substantial risk of death exists will also result in a CIRT or MAT investigation. 5.6.04 POLICY The policy of the Aurora Police Department is that sworn members shall investigate all uses of force in a timely, thorough, and accurate manner, strengthening trust between APD and the public. 5.6.05 CORE PRINCIPLES The following core principles are provided to guide sworn members regarding when and how to investigate use-of-force incidents: Accountability: We are responsible for our actions and decisions. We are committed to holding ourselves and each other responsible for misconduct. Thorough Reporting and Investigating: If a written report is required, each member who uses force or observes another member or members use force shall accurately and completely report the use of force by the end of their shift. When reporting a use of force in a criminal or administrative report, members should focus on describing the specific behavior that the subject was exhibiting, their use of physical force, and the reason for using such force in detail. Members should include any attempts to de-escalate and any non-violent means attempted prior to using force. Each member who uses force or observes another member or members use force shall immediately notify their supervisor. Fact-Finding Investigation: Supervisors and investigators shall focus on the facts and circumstances pertinent to any use of force event when reviewing and determining whether the use of force complies with department policies and Colorado Revised Statutes (C.R.S.). Opinions or statements that are not a component of conducting an unbiased investigation shall not be included in the review. 5.6.06 RESPONSIBILITIES OF INVESTIGATING SUPERVISORS The supervisor initially notified of a use of force is responsible for ensuring that a thorough investigation and a report of the incident are completed. The supervisor shall respond to the scene of the use of force first. Then that supervisor can follow up at a secondary location, where the subject is if the subject is no longer on the scene, or they may delegate that assignment to another supervisor. The supervisor will ensure the following items are completed and/or documented: - Take photographs of the subject, scene, and any other important factors that may have influenced the use of force. - Initiate a supervisor use of force report via the current administrative management system. - A description of the reporting supervisor’s actions and observations. - Information provided by a civilian witness that did not write a statement. - The CEW download report (if applicable) - If medical treatment was offered and/or requested. - The response to the offer of medical treatment. Page 2 of 5 DM 5.06 - Use of Force Investigations Revised: Aug-18-2023 - Photographs of the injuries or lack of injuries. Proper handling of photographic evidence as per DM 15.15 - Digital Evidence as well as sections 5.4.2 (b) and (c) of this directive. - Any other relevant reports by other sworn members related to the use of force. - Review BWC video of the reported use of force - Any training conducted by the supervisor regarding immediate concerns that were addressed prior to the report being forwarded to FIU or the district. If a supervisor is not available to respond to the location of the subject in extraordinary circumstances, a supervisor may assign another sworn member not involved in the use of force to perform the supervisory duties on the scene, but the actual supervisor-ranked person will complete the UOF report. The supervisor may rely on body camera footage to document the injuries or lack thereof on a subject or suspect. When multiple supervisors are on-scene at an incident where a UOF occurred, they are individually responsible for communicating with each other and determining which will take responsibility for the use of force investigation. If the use of force duties are divided among multiple supervisors, one will be designated as the primary investigating supervisor. The primary investigating supervisor is responsible for ensuring that the use of force is appropriately reported. At a minimum, an entry, including the use of force report face sheet, will be created in the administrative management system. The investigating supervisor will complete and submit their full use of force investigation and report on the day of the event. The watch commander can authorize an extension through the next workday after the use of force incident. Use of force investigations involving a member of a specialized unit will not be delayed because their supervisor was not available to respond to conduct the use of force investigation. Any supervisor directly involved in a use of force will not conduct the investigation into that event, review, or approve the reports related to that use of force. If a supervisor directs a sworn member to use force, that supervisor is an involved member in that use of force. An uninvolved supervisor will conduct the UOF investigation. The use of force report will be tracked to the Bureau / District Commanding Officer. The chain of command for the involved member will be tracked on the use of force, but their tracking will immediately be closed by the supervisor entering the complaint. This ensures the chain of command is notified but does not delay processing the complaint. The investigating supervisor will ensure that all the reports are completed the day of the event, barring an exception authorized by a command or executive officer. General offense and/or supplemental reports should contain a description of the events leading up to, during, and after the use of force, which are relative to the use of force, along with a record of any medical treatment or first aid rendered. Reports should include any attempts to resolve the issue with non-violent means and any de-escalation techniques attempted. Supervisors should implement appropriate reviews or interventions when patterns develop with individual members within his/her command. The commander will ensure that all members in the chain of command have completed their tracking on the use of force report. Each level of review will provide a brief rationale for their findings and recommendations. The commander will forward Tier Two and Three reports to the appropriate division chief, FIU, and ultimately to the FRB. Should the Division Chief or FRB recommend further investigation by the IAB, the case will be routed to the IAB. Referrals to the IAB will be handled in accordance with Department DM 10.02 - Complaint and Discipline Procedures for Sworn Members. Page 3 of 5 DM 5.06 - Use of Force Investigations Revised: Aug-18-2023 The lead crime analyst reporting to the Chief's Executive Officer is responsible for the annual analysis of use of force reports/reviews. He or she will submit the analysis to the command staff for suggestions regarding revisions to policy or training needs based on issues or trends identified in the analysis. 5.6.07 FORCE INVESTIGATIONS UNIT (FIU) The FIU is a unit of the Professional Standards Section (PSS) within the Professional Standards and Training Division. The FIU will provide thorough, accurate, and unbiased investigations and data collection related to the uses of force by Aurora Police Department members. This unit will also assist with the administrative collection, formatting, and presentation of information relevant to the incident. FIU members will do so with transparency and integrity while maintaining the highest ethical standards to build and maintain internal and external Department trust and confidence. FIU investigators are assigned Tier Two and Three Use of Force reports in the administrative management system by the FIU Sergeant. Investigators review each assigned case for completeness and evaluate the bodyworn camera video as well as reports in the Versadex Report Management System (RMS) associated with the reported use(s) of force for each case. FIU Investigators perform an initial inventory of the submitting supervisor’s use of force report, associated General Offense and supplemental report(s), photographs, video footage, and any other related use of force information. In addition, the investigator will: - Confirm the classification level of force reported is correct (i.e., Tier 1, Tier 2, or Tier 3) - Ensure all involved officers who used force are identified and properly assigned the correct use of force Tier level - Determine if all witnesses listed on reports or detected on any audio/video footage are identified and have submitted written statements and/or other relevant material - Determine if all required photographs are present and attach them to the use of force report - Follow up on any missing information required to complete a thorough investigation - Attach the complete General Offense report to the use of force report - Download and attach any associated use of force-related information and/or documents (e.g., CEW downloads, outside agency reports, photographs, videos) - Consolidate and flag all relevant BWC footage into a case in the current electronic data system (Evidence.com) - Note any BWC violations, issues with BWC failure, or dislodging. - Note any issues to be addressed by additional/remedial training. - Note any potential policy issues. - Compare narratives with audio/video footage for consistency. - Complete an FIU Investigators case summary report. - Format the report in such a manner that allows for a sequential, logical, clear, concise, and complete presentation. Page 4 of 5 DM 5.06 - Use of Force Investigations - Identify and document all required statistical data related to the case. - Notify the FIU Sergeant of case completion and statistical data obtained. - Provide in-person presentation to FRB for Tier 2 and 3 cases and when directed. Revised: Aug-18-2023 If a Tier Three use of force involves an investigation by the Major Crimes Homicide Unit (MCHU), the FIU investigation will commence at the conclusion of the MCHU investigation. If a District Attorney (DA) review is conducted, the FIU investigation will wait for the declination letter or other documentation provided to the Department advising no criminal charges are forthcoming. The IAB Commander will track the report, with any additional administrative paperwork to the Compliance and Professional Standards Division Chief and FIU Supervisor. After receipt of the documentation from the DA’s Office and absent any pending external reviews, the FIU investigation will commence. The FIU Investigator for review and preparation for the FRB. The FIU Investigator will present the case to the City of Aurora's legal advisor(s) prior to presenting it to the FRB for deliberation and adjudication. 5.06.08 POTENTIAL CRIMINAL CHARGES If, at any time during case processing, it is determined there are potential criminal charges, significant policy violations, or if the force is believed to be excessive, investigators will discontinue their investigation and notify the FIU Sergeant immediately. The FIU Sergeant will contact the Professional Standards Section Lieutenant and the Professional Standards and Training Division Chief to determine whether the case should go to the Internal Affairs Bureau or the appropriate district detective unit to investigate criminal charges. The FIU investigation will be subordinate to any criminal and/or Internal Affairs administrative investigation unless directed by the Chief of Police or designee. 5.06.09 CLARIFICATION INQUIRY If additional information regarding the facts of the case is required to clarify the use of force incident. The FIU Supervisor shall contact the involved member’s supervisor to have the member provide the required details in a supplemental report. Page 5 of 5