Officer Involved Shooting Investigation

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Officer Involved Shooting Investigation

• Sergeant Greg Ventre
• Professional Standards Section
• Mr. Mark Piepmeier
• Hamilton County Prosecutors Office

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Investigations completed by Professional
Standards Section

• Categorical Use of Force
• Critical firearms discharges by officers
• Any action by police officer that directly or
  indirectly results in another person being
  seriously injured, admitted to a hospital, or
  killed
• Firearm discharges at animals
• Accidental discharges of firearms by officers
  (except training scenario)

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Investigations completed by Professional
Standards Section

• Categorical Use of Force (cont)
• Any choke hold used by officer
• Any head strike by officer utilizing an impact
  weapon
• Any other incident as determined by Police Chief

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Professional Standards Section Notification

• CIS desk officer will notify the PSS Commander of
  Officer Involved Shooting incident
• PSS Commander will determine what additional
  personnel will respond to assist with the
  investigation

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Professional Standards Section Initial Response

• PSS investigators respond directly to the scene
• Immediately notify coroner if applicable
• Coordinate with CIS supervisor in the deployment
  and direction of Criminalistics personnel
• Oversee recovery of evidence
• Insure involved officers are with a supervisor
  and maintain a contact log
• Take a public safety statement if possible
• Respond to Communications Center to retrieve
  recordings of radio and MDC transmissions, radio
  calls, and CAD printout

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Questions To Ask Public Safety QuestionsNot
considered compelled statements for investigative
purposes.

1. Are you Okay / Not injured?
2. Are you Involved?
3. Did you discharge your firearm?
4. Where did the incident occur?
5. Have you identified witnesses?
6. Are there any suspects still at large?
7. Any weapons involved we need to know about?

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Personal Crimes/Major Offenders Unit
Responsibilities

• Work with District Investigative Units to conduct
  canvass for witnesses
• Determine which witnesses need to be interviewed
  by PSS investigators
• Prepare witness lists, including all police
  personnel that responded to the scene
• Respond to hospital or morgue, if applicable, and
  take command of site.
• Secure evidence from that scene, if applicable

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Handling of Involved Officers

• Involved officers are separated from other
  witnesses and assigned a control supervisor
• The officer is transported to nearest district
  and allowed to use restroom, make calls to
  family, clergy, attorney, and obtain food or
  drink.
• When ready for walkthrough, the officer is
  transported back to the scene by the control
  supervisor.

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Criminalistics Unit Responsibilities

• Respond to crime scene(s) and check for and
  recover possible video surveillance recordings
• Recover recordings from marked vehicles
• Document crime scene and evidence recovered

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Hamilton County Prosecutor Response

• Respond to the incident scene and participate in
  scene walkthrough
• Respond to CIS office and monitor interviews
• When possible, make a preliminary determination
  if there is any indication of criminal misconduct
  by involved officer(s)

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CIS Administrative Assistant Responsibilities

1. Issue replacement firearms to officers
2. Assist with witness placement at CIS office
3. Assist in transportation of officer to residence
   after interview
4. Assist PSS as needed

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PSS Initial Investigation

• Interview officers involved
• a) Two PSS investigators
• b) FOP attorney or personal attorney
• c) Not read Miranda/Garrity, read a
• witness statement instead
• We are conducting a criminal investigation and
  you are being interviewed as a witness. You are
  not being ordered to answer questions pursuant to
  Rule 2.26 of the Cincinnati Police Department
  Manual of Rules and Regulations and Disciplinary
  Process or as envisioned by Garrity vs New
  Jersey, You are not being read your Miranda
  Rights because you are not in custody.

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PSS Initial Investigation (cont)

• 2) Interview witnesses in order of importance
  and anticipated length of interview
• 3) Review any available evidence collected by
  Criminalistics Unit

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Final Report Review

• Shooting Book by PSS
• Chief
• Prosecutor
• Letter for Prosecutor begins Administrative
  Review.
• Administrative Investigation
• Citizens Complaint Authority
• Firearms Discharge Board
• City Manager

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A word on Administrative Investigation

1. Conducted after the criminal investigation is
   completed
2. Investigator that conducts the administrative
   investigation cannot have been involved in the
   criminal investigation
3. Reviews the entire criminal investigation,
   subsequent administrative evidence recovered, and
   makes findings based on compliance with
   procedures, training, etc.

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Final Report Review (cont)

• Citizens Complaint Authority
• Firearms Discharge Board
• City Manager

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Potential Questions

• How will the involved officer behave
  before/during/after their interview?
• What hurdles have you encountered in previous
  investigations and how did you handle them?
• What role does the FOP play during the
  investigation?
• Does the CCA investigation impact your
  investigation?

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Potential Questions (cont)

• How does the Prosecutors Office handle a OIS if
  the officers actions are questionable?
• Have you ever prosecuted an officer that was
  involved in an OIS? If so, what obstacles did
  you have to deal with?