Officer Involved Shooting Investigation Sergeant Greg Ventre Professional Standards Section Mr. Mark Piepmeier Hamilton County Prosecutor’s Office

Investigations completed by Professional Standards Section Categorical Use of Force 1) Critical firearms discharges by officers 2) Any action by police officer that directly or indirectly results in another person being seriously injured, admitted to a hospital, or killed 3) Firearm discharges at animals 4) Accidental discharges of firearms by officers (except training scenario)

Investigations completed by Professional Standards Section Categorical Use of Force (con’t) 5) Any choke hold used by officer 6) Any head strike by officer utilizing an impact weapon 7) Any other incident as determined by Police Chief

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

Professional Standards Section Initial Response PSS investigators respond directly to the scene 1) Immediately notify coroner if applicable 2) Coordinate with CIS supervisor in the deployment and direction of Criminalistics personnel 3) Oversee recovery of evidence 4) Insure involved officers are with a supervisor and maintain a contact log 5) Take a public safety statement if possible 6) Respond to Communications Center to retrieve recordings of radio and MDC transmissions, radio calls, and CAD printout

Questions To Ask : “Public Safety Questions” Not 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?

Personal Crimes/Major Offenders Unit Responsibilities 1) Work with District Investigative Units to conduct canvass for witnesses 2) Determine which witnesses need to be interviewed by PSS investigators 3) Prepare witness lists, including all police personnel that responded to the scene 4) Respond to hospital or morgue, if applicable, and take command of site. 5) Secure evidence from that scene, if applicable

Handling of Involved Officers 1) Involved officers are separated from other witnesses and assigned a control supervisor 2) The officer is transported to nearest district and allowed to use restroom, make calls to family, clergy, attorney, and obtain food or drink. 3) When ready for walkthrough, the officer is transported back to the scene by the control supervisor.

Criminalistics Unit Responsibilities 1) Respond to crime scene(s) and check for and recover possible video surveillance recordings 2) Recover recordings from marked vehicles 3) Document crime scene and evidence recovered

Hamilton County Prosecutor Response 1) Respond to the incident scene and participate in scene walkthrough 2) Respond to CIS office and monitor interviews 3) When possible, make a preliminary determination if there is any indication of criminal misconduct by involved officer(s)

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

PSS Initial Investigation 1) 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.”

PSS Initial Investigation (con’t) 2) Interview witnesses in order of importance and anticipated length of interview 3) Review any available evidence collected by Criminalistics Unit

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

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.

Final Report & Review (con’t) Citizens Complaint Authority Firearms Discharge Board City Manager

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?

Potential Questions (con’t) How does the Prosecutor’s Office handle a OIS if the officer’s 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?