OFFICER INVOLVED SHOOTING DOJ REFORMS Finding Manager: Captain - PowerPoint PPT Presentation

OFFICER INVOLVED SHOOTING DOJ REFORMS Finding Manager: Captain Alexa O’Brien

10.1 THE SFPD SHOULD ESTABLISH A FORMAL PROTOCOL THAT PROVIDES DPA AND IIB TIMELY FACTS ABOUT THE OIS CASE Currently what we have which dictates our response to OIS’s :  DGO 5.02/ Use of Firearms  DGO 8.04/Critical Incident  DGO 8.11/Officer Involved Shootings  DGO 6.05/Death Cases  Supervisory Manuel (Section P) – (last updated 2005)  SFPD-SF DA MOU regarding OIS ( still active-since 2005)  Homicide unit order – OIS ( est. May 9 th 2017)

10.1 THE SFPD NEEDS TO DEVELOP A STANDARD OFFICER-INVOLVED SHOOTING PROTOCOL  Stakeholders to develop prot0cols are:  DAI’s office IIB,  DPA  IA  Homicide Unit

10.1 THE SFPD SHOULD ESTABLISH A FORMAL PROTOCOL TO ENSURE THAT A REPRESENTATIVE OF THE HOMICIDE DETAIL PROVIDES DPA AND DISTRICT ATTORNEY'S OFFICE INVESTIGATORS A TIMELY BRIEFING ABOUT THE FACTS OF THE CASE AND TO MAKE ARRANGEMENTS FOR A FORMAL WALK-THROUGH OR GAIN INVESTIGATIVE ACCESS TO THE INCIDENT SCENE AS SOON AS POSSIBLE. THE HIGHEST-RANKING OFFICER ON THE SCENE SHOULD BE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THIS RECOMMENDATION. Currently what we have :  As stated on SFPD-MOU with District Attorney office from May, 2005, it is the policy of SFPD that at a scene of OIS that the highest ranking member of Homicide Detail shall brief members of DA Investigators of the following facts of case:  The names and current location of the officers involved in the incident  The names, addresses and current location of all civilian witnesses to the incident.  The statements of the officers, if not compelled pursuant to Government Code sections 3300 et. Seq. (Lybarger)  Physical evidence discovered  A summary of witness statements and status of the investigation.  The medical condition of injured parties.  The ranking member San Francisco Police Department’s Bureau of Investigations or his or her designee shall ensure that District Attorney personnel have access to the scene of the criminal investigation, and shall conduct a “walk through” of the scene with District Attorney personnel. All physical evidence shall remain in the custody of the San Francisco Police Department.  DPA shall also be granted all of the above facts by SFPD to incorporate into their investigation .

10.1 THE SFPD SHOULD ESTABLISH A FORMAL PROTOCOL TO ENSURE THAT A REPRESENTATIVE OF THE HOMICIDE DETAIL PROVIDES DPA AND DISTRICT ATTORNEY'S OFFICE INVESTIGATORS A TIMELY BRIEFING ABOUT THE FACTS OF THE CASE AND TO MAKE ARRANGEMENTS FOR A FORMAL WALK-THROUGH OR GAIN INVESTIGATIVE ACCESS TO THE INCIDENT SCENE AS SOON AS POSSIBLE. THE HIGHEST-RANKING OFFICER ON THE SCENE SHOULD BE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THIS RECOMMENDATION Recent Changes :  Homicide unit order – OIS ( est. May 9 th 2017)  An Investigative Command Post grease board (24x36) has also been developed by Homicide Detail, so that all vital information gathered by OIC of Homicide can be scribed and viewed by all involved investigative parties at OIS scene.

110.1

110.1 24x36 Grease board at Inv. Command Post

10.2 THE SFPD SHOULD WORK WITH ITS ACCOUNT ABILITY PARTNERS THE OCC, AND THE DISTRICT ATTORNEY’S OFFICE IN OFFICER-INVOLVED SHOOTINGS TO DEVELOP A FORMAL TRAINING PROGRAM IN WHICH REPRESENTATIVES OF THE DISTRICT ATTORNEY’S OFFICE, SFPD HOMICIDE DETAIL AND THE OCC ENGAGE IN REGULAR TRAINING REGARDING BEST PRACTICES FOR INVESTIGATING SUCH CASES. THIS TRAINING SHOULD BE DEVELOPED AND IMPLEMENTED WITHIN 120 DAYS OF THE ISSUANCE OF THIS REPORT. Currently what we have :  The SFPD does not currently have an Officer Involved Training Course where all accountability partners attend. The SFPD develops its own members and those from other departments and DAI investigators with an OIS Course that Lt. Nevin and Sgt Crudo, along with other members teach at the academy. The SFPD has depended on sending supervisors to that course along with the POST OIS course offered several times a year in order to train our investigators.  Recent Changes :  In order for a Homicide Investigator to take the lead on the investigation of an OIS, they shall attend the OIS POST Course and successfully complete. To date, everyone of our Homicide Investigators are OIS- POST Certified.  Discussed with interim DPA Director-Paul Henderson to have his investigators go through the same POST-OIS training.  Discussed with IIB Lt. Crew to also have all IIB investigators attend POST- OIS training.

10.2 THE SFPD SHOULD WORK WITH ITS ACCOUNT ABILITY PARTNERS THE OCC, AND THE DISTRICT ATTORNEY’S OFFICE IN OFFICER -INVOLVED SHOOTINGS TO DEVELOP A FORMAL TRAINING PROGRAM IN WHICH REPRESENTATIVES OF THE DISTRICT ATTORNEY’S OFFI CE, SFPD HOMICIDE DETAIL AND THE OCC ENGAGE IN REGULAR

19.1 THE SFPD NEEDS TO DEVELOP A STANDARD OFFICER-INVOLVED SHOOTING PROTOCOL  Stakeholders to develop prot0cols are:  DAI’s office,  DPA,  IA,  Homicide Unit  DA  POA  Police Commission

19.1 THE SFPD NEEDS TO DEVELOP A STANDARD OFFICER-INVOLVED SHOOTING PROTOCOL Currently what we have which dictates our response to OIS’s :  DGO 5.02/ Use of Firearms  DGO 8.04/Critical Incident  DGO 8.11/Officer Involved Shootings  DGO 6.05/Death Cases  Supervisory Manuel (Section P) – (last updated 2005) Recent Changes :  Everbridge notification system  SFPD OIS & ICD investigations manual ( draft only-almost near completion)..Sgt. John Crudo

Everbridge notification system 19.1

SFPD OIS & ICD INV. MANUAL 19.1

19.2 THE SFPD NEEDS TO CREATE A TEMPLATE FOR ALL OFFICER INVOLVED SHOOTING FILES. THIS TEMPLATE SHOULD DETAIL THE REPORT STRUCTURE AND HANDLING OF EVIDENCE. SFPD SHOULD REFER TO OFFICER INVOLVED SHOOTINGS: A GUIDE FOR LAW ENFORCEMENT LEADERS.

San Francisco Police Department DOJ Reform: 10.02 Table Top Exercise: Officer Involved Shooting (October XX, 2017) Captain Alexa O’Brien Richmond Station 461 6 th Avenue (415) 666-8030

Participants Chief of Police: Deputy Chief of Police : Commander of Investigations: Captain or Acting Lt. on Scene for District: Captain of Major Crimes Lieutenant of Homicide Captain of Risk Management or IA Rep: Media Relations: Observer/ Facilitator:

Objectives of this Table Top Exercise: • Review and discuss a hypothetical officer involved shooting step by step to determine how effectively we respond to an OIS with recent policy, procedure and equipment changes. • Participants to talk through plans or problems identified • Identify strengths and weaknesses • To better understand roles and responsibilities each participant has and to help build a better response to a future OIS. Rules • Everyone is to speak freely and openly exchange ideas • Discussion based exercise • Stay in the mind-set of the scenario which will be as true to life as possible – pay special attention to the date and time of updates.

Exercise Begins

At 1820, your blackberry PINs the below message… “ Cad # XXXXXXXX 1805hrs Officer Involved Shooting 5 th St. and Mission Street Garage. Perimeter Locked down, TAC responding to clear garage of other shooters. Unknown if suspect had weapon. No officer’s reported injured at this time, possibly two officers involved. Large crowd w lots of screaming in the background. One subject DOA, medics responded and declared death. Notifications being made to Homicide, IA, DAI, OCC, Command Post @Bloomingdales rear entrance at Westfield Mall. ” Who should be informed? What concerns might you have? What actions would you consider taking, if any, at this stage?

Update from DOC Location: 5 th and Mission Street Garage Pedestrian Entrance Date: October XX, 2016 Time: 1830hrs District: Southern Police District Cad reads: At 1805, a 911 call comes in reporting a man in his 30’s was behaving “erratically” inside the 5 th /Mission Street Garage. 3B7D responds and arrives at the scene at 1808 hrs. 4T 8 backs up the sam unit and at 1810 hrs, an officer reports shots fired. Multiple calls coming in from RP’s stating loud bomb or gun shots from inside the parking garage.

Update: You decide to respond to the scene. What actions do you take to secure the area? Who are you contacting at this time? What information are you relaying to them? What are you telling your subordinates? Above: Crime Scene of OIS Right : Command Post inside Bloomingdales

• Two officers shot their weapons. • Officers are still at the scene. • TAC cleared the garage for other shooters. • The Public Safety Statement Revealed: • Officer A responded to a 911 call of a person behaving erratically in the pedestrian area of mission and 5 th St. garage.

Recommendation 11.1 The SFPD should update the Department General Order 3.10 – Firearm Discharge Review Board to require written evaluation of policy, training, and tactical considerations of discharge incidents, specifically identifying whether the incident was influenced by a failure of policy, training, or tactics and should include recommendations for addressing any issues identified.