Having been through post-critical incident interviews, I feel you're frustration. None of mine lasted that long.
Genuinely curious though ... after giving an interview to the investigators, you had to give another one to IA? Contemporaneous to the OIS or later on after the prosecuting attorney cleared you?
Sorry about that experience.
I’m grateful that my old agency’s shooting investigations were conducted by LSP Detectives and not IA. Primary members of the shooting investigation team included the Lead Detective, Firearms Training Unit Supervisor and the Crime Lab Physical Evidence Section. I’ve been on both sides of the interview.
Since the primary potential issue with shootings is criminal, it’s just makes sense to keep criminal and administrative crap totally separate. IA tends to deals with administrative type issues and probably doesn’t have a lot of criminal investigations experience in many agencies. In general, IMO, criminal investigators tend to have a less IA BS focus.
Last edited by LSP552; 08-14-2019 at 05:26 PM.
Erick,
The I/A investigation was separate from the criminal, and was merely for policy violations (if any). I wasn't allowed to have counsel or a supervisor present, not allowed to bring my duty weapon, phone or other recording device into the interview, and advised that refusing to answer any question or cooperate, or to talk about the interview to anyone would be grounds for dismissal.
A couple of other zingers I remembered from the interview:
The subject turned onto a dead-end residential street at the end of the pursuit. Their question, "Why did you follow him to the dead end? When you realized it was a dead end, why didn't you just stop and wait for him to come back out? You put yourself in danger by following him and not just stopping" Because the dead-end sign was 100 feet from the actual dead-end?
At the terminus of the pursuit, at one point the subject drove head on toward my Tahoe and I wrote in my statement that I thought he was about to ram me. They asked, "Did he try to ram you before that during the pursuit?" Not that I know of...he did spin around at point his car toward my vehicle a couple of times. "If he didn't try to ram you before, then what makes you think he was trying to do it then?". My agitation and sarcasm kicked into high gear...
"Sooo...if I make a second approach during a traffic stop and a suspect points a gun at me, I'm supposed to assume they're not going to shoot me since they didn't shoot me on the initial approach?!" All I got was crickets and deer-in-the-headlights on that one.
I had gotten a call from another Trooper that had been involved in a shooting about two years earlier (another good shoot). He said, "Get ready...they're going to treat you like a criminal", so I was somewhat prepared for their antics.
Juxtaposed with the actual criminal investigation which consisted of an investigator from my agency calling me on the second day, "Hey...how 'bout emailing a copy of your statement over to Sgt. {xxx} at the Sheriff's Office." (they did the criminal investigation). I never actually talked to anyone at the S.O., all I got was a "Thanks!" email response from the investigating Sergeant.
As far as the DA's investigation, this occurred during a heated election. Once the case went to his office, it sat on his desk for almost 2 1/2 months (luckily there was very little press or public attention to the case). When my COC called to check on the progress, they got "Meh...I've been too busy campaigning to take a look at it". He lost the office and with my pending retirement closing in, my COC called again..."Oh, uh...yeah, he's good. I'll go ahead and write up a letter and send it over." I knew it was a good shoot, but it's still stressful to ride out your last couple of months on a desk waiting for the official "OK".
Last edited by kwb377; 08-14-2019 at 06:17 PM.
I've given post-Miranda statements to criminal investigators twice. Both of those times the same statement was presumably used administratively since I didn't have to give a second. When I didn't give a post-Miranda, I had to give a Garrity protected statement to IA afterward. If it's a fatal OIS, we don't give statements to IA until cleared by the pysch office.
Sorta around sometimes for some of your shitty mod needs.
Recently released OIS video - Robbery, attempted stabbing, Taser failure
https://www.youtube.com/watch?v=6eJlmyQUUQE
8/3/19 Colorado Springs: fleeing armed robbery suspect shot in the back
https://vimeo.com/354040149
"Fleeing" suspects can pose an immediate threat to you and you need not wait to have a gun pointed in your face.
https://www.youtube.com/watch?v=kxJ2dRqnkpU