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17 Cards in this Set

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105.04 Shooting By and/or of Police Officers

When any law enforcement officer, regardless of agency or department, discharges a firearm as a resultof contact with a person, whether or not a death or wounding occurs, officers shall immediately notify theDenver 911 dispatcher. Officers may request

I-Call communication if officers wish to reduce the numberof persons who may receive the broadcast information. The landline telephone is the only way an officercan communicate with the dispatcher in confidence. Denver 911 records all radio and telephoneconversations and provides them for use in an investigation upon request. This procedure also applieswhen investigating the death or wounding of law enforcement officers.
105.04 Shooting By and/or of Police Officers

The dispatcher will immediately follow Denver 911 procedures by notifying the following asrequired:

1. Ambulance.

2. Sufficient patrol coverage.


3. The on-duty command officer for the district of occurrence.


4. The on-duty homicide and/or general assignment detectives.5


. The on-call Police Shoot Team.


a. Major Crimes Section command officer


b. Homicide Unit supervisor


c. Primary and secondary homicide investigators


6. The Crime Laboratory


7. The on-call District Attorney.


8. The commander of the Crimes Against Persons Bureau


9. The Division Chief of Investigations


10. The Deputy Chief of Operations


11. The Commander of the Internal Affairs Bureau


12. The Public Information Officer


13. The Chief of Police


14. The Manager of Safety


15. The involved officer’s commander. If the officer has been injured or killed, thiscommander is responsible for notification of the officer’s family.


16. The involved officer’s Division Chief, if not already notified.


17. The Coroner’s Office, in any case where death occurs.

105.04 Shooting By and/or of Police Officers

Officers shall use the following procedure when handling the Person/Officer wounded by gunfire:

a. Use appropriate first aid.

b. Remove the person/officer to the hospital by ambulance if any possibility of life exists.


c. One officer should accompany the victim (dead or alive) to the hospital. He/she should note anystatements made, take possession of clothing or other evidence and protect personal property.


d. When placing a hold order on a victim who is also a suspect in a crime, notify the Denver SheriffsDepartment.


e. If the victim is a law enforcement officer, notify his/her commanding officer who will arrange for anofficer guard. See OMS. 505.10(5).

105.04 Shooting By and/or of Police Officers

The responsibilities of the ranking officer at the scene of a Police Shooting include, but are not limited to,the following:

a. Protect the crime scene using appropriate personnel and methods.

b. Determine what occurred through civilian or officer witnesses at the scene. If there are no civilianor officer witnesses present, ask the involved officer for general information that will indicate thearea to protect and the evidence sought.


c. Officers shall identify and sequester all witnesses to the incident. Officers shall obtain writtenstatements from all civilian witnesses. Investigators will review all statements and determine theneed for additional detail or recording of the statement. Investigators shall obtain statementsfrom all officer witnesses.d. Ensure that the involved officer maintains his/her firearm in its condition at the conclusion of theshooting event, making no changes to the firearm, except to make the firearm safe. Emptymagazines, speed loaders, spent shell casings, etc., shall remain where deposited. Detectivesshall document and collect these items during crime scene processing. The involved officer shallmaintain custody of his/her firearm until relinquished to Crime Laboratory personnel, who willmake arrangements to loan the officer a replacement firearm. An investigator from the HomicideUnit shall document this transfer. Once tested, only the assigned Homicide Unit detective or aHomicide Unit supervisory officer shall release the officer’s firearm.


e. Assign a supervisory officer to sequester and transport the involved officer to headquarters andremain there with him/her until relieved. Only investigators assigned to the Police ShootingTeam, the officer's commander, the officer’s attorney and the District Attorney have access to theofficer while sequestered. The Division chief of Investigation must approve all other access.


f. Provide the dispatcher and responding detectives with all available information.g. Assist and follow the directives of the senior member of the Criminal Investigation Division incompliance with Section 14.12.

105.04 Shooting By and/or of Police Officers

The responsibilities of the ranking officer at the scene of a Police Shooting include, but are not limited to, the following:



h. Assign an officer to complete a General Offense Report (GO).

1. When an officer discharges his/her firearm and wounds a suspect or other person thetitle will be “Shooting by a Peace Officer”.


2. When a suspect shoots and wounds an officer the title will be “Assault on a PeaceOfficer”.3. When the shooting results in the death of any person/officer the title is “Homicide”.


4. When an officer discharges a firearm causing injury or death the person shot will bereported as the victim and the involved officer is listed as the person reporting.


5. Officers shall leave the suspect section blank and keep the narrative section brief.


i. Complete an After Action Report and route copies as appropriate and send a copy to theHomicide Unit. Attach a copy of the personnel detail(s) for that day for all districts or other unitsthat covered the scene.


j. Ensure the completion of a Use of Force Report (UOF) DPD 12:


1. Use the front of the form to report the appropriate information. The narrative on thereverse side may indicate, "See After Action Report”.


2. Attach a copy of the After Action Report to the UOF Report. Forward the original UOFReport to the Internal Affairs Bureau, with one copy to the Bureau Commander and onecopy to the respective Division Chief.


k. Ensure that ALL officers who respond to the scene, or who assist in any way, submit individualstatements detailing their duties and observations to the Homicide Unit prior to going off duty.

105.04 Shooting By and/or of Police Officers

The investigation of a shooting, by or of, a peace officer is a cooperative endeavor between the DenverPolice Department and the Denver District Attorney's Office. The investigation is under the command ofthe Division Chief of Investigations or designee. Officers and investigators shall use all appropriateinvestigative methods and techniques including, but not limited to, the following:
a. Completely process and document the crime scene using diagrams, photographs and videorecordings in accordance with crime scene protocols outlined in OMS 301.01.

b. Investigators shall document statements as soon as practical following the shooting. Methods ofdocumentation include those written, audio recorded, or video recorded at the discretion of theinvestigative command officer in consultation with the District Attorney. The interview order isgenerally civilian witnesses first, followed by officer witnesses. The interview(s) of the involvedofficer, those officers discharging a firearm, usually occur last.


c. The officer involved in the shooting may have an attorney present for legal assistance.Investigators will advise the involved officer in accordance with the "Officer Advisement in PoliceShootings" form (DPD 759). The "Miranda Warning", Internal Affairs Bureau "GarrityAdvisement," or ordered statements under City Charter C5.73-6, will generally not occur unlessevidence supporting a crime or serious department rule violation exists.


d. The commander of the Internal Affairs Bureau (IAB) or designee will act as a liaison for the Officeof the Independent Monitor (OIM) during the investigation of officer incidents involving membersof the Denver Police Department, Denver Sheriffs Department and the Denver Fire Department’sarson investigators. The Internal Affairs Bureau will participate in the investigation only at therequest of the Division Chief of Investigations, designee, or the Chief of Police. This participationonly involves those cases where information or evidence supports there is a suspected crime orserious rule violation.e. Refer all media inquiries to the Division Chief of Investigations or designee, generally, the PublicInformation Officer.f. The command officer in charge of the investigation will prepare, or cause the preparation, of anAfter Action Report (DPD286) and distribute the report as appropriate prior to going off duty.


g. The criminal charge filing decision for a police shooting case is solely the responsibility of theDenver District Attorney's Office. Officers shall not publicly speculate about the decision. TheDistrict Attorney will inform the Chief of Police, in writing, of the decision following the completionof the criminal investigation and a thorough review of the case. The District Attorney bases thereview and filing decision on the criminal standard of proof beyond a reasonable doubt and doesnot address administrative remedies which have a different legal level of proof.

105.04 Shooting By and/or of Police Officers

When death occurs the officer will be removed from

any line duty assignment, pending the resultsof an administrative review.
105.04 Shooting By and/or of Police Officers

The officer’s command will contact Police Psychological Services as soon as possible after theincident and schedule an appointment for the officer. The commander, with approval from theirdeputy chief, may arrange

excused days for the officer until the police psychologist has met withthe officer and made a verbal recommendation to the commander as to when the officer canreturn to duty. The purpose of the Psychological Services appointment is not to investigate theofficer’s actions or assess his/her fitness for duty.
105.04 Shooting By and/or of Police Officers

When death results, from any officer involved use of force, an in custody death or death whichoccurred as a direct result of police action and the incident is investigated by

investigated by Major Crimes as acritical incident, the commander will follow the same procedures listed above in (6)b.Absolute confidentiality exists and the officer has the option of not discussing anything he/shedoes not wish to discuss. The officer may include others in this interview, such as familymembers, fellow officers, or members of the Critical Incident Trauma Team (CITT).
105.04 Shooting By and/or of Police Officers

The commanding officer of the officers involved in a shooting incident will notify the officers of theabove provisions. Additionally, the commanding officer will provide Psychological Services withthe names of those officers whom they must contact. If after one week

Psychological Serviceshas not been able to contact the officer, Psychological Services will notify the commanding officerwho shall provide for such arrangements. No other exchange of information will occur without theexpress written consent of the officer before the interview.
105.04 Shooting By and/or of Police Officers

In the event of a civil lawsuit against the City and County of Denver and the officer, the CityAttorney's office will

provide legal representation. Exceptions include when the officer actsoutside of the scope of his/her employment or neglects to notify the Civil Liability Bureau of thepotential action for a lawsuit.
105.05 Discharge of Firearms

When all reasonable alternatives appear impractical, a law enforcement officer may resort to the lawfuluse of firearms under the following conditions when he/she reasonably believes that it is necessary:

a. To defend him/herself, or a third person from what he/she reasonably believes to be the use orimminent use of deadly physical force (C.R.S. §18-1-707); or

b. To affect an arrest, or to prevent the escape from custody of a person whom he/she reasonablybelieves:


1. Has committed or attempted to commit a felony involving the use or threatened use of adeadly weapon; or


2. Is attempting to escape by the use of a deadly weapon; or


3. Otherwise indicates, except through a motor vehicle violation, that he is likely toendanger human life or to inflict serious bodily injury to another unless apprehendedwithout delay. (C.R.S. §18-1-707).

105.05 Discharge of Firearms

When facts or circumstances the officer reasonablybelieves, knows, or should know, are such as to cause an ordinary andprudent police officer to act or think in a similar way under similarcircumstances

REASONABLE BELIEF:
105.05 Discharge of Firearms

It is necessary, "when feasible", to give some warning before engaging in the use ofdeadly force. If possible, identify yourself as a police officer, give the command youwant followed, and state your intention to shoot.

a. To kill a dangerous animal or one that humane treatment requires its removalfrom further suffering and alternative methods of disposition are impractical.

b. To participate in authorized training at a target range.


c. To participate in any legitimate sporting activity.

105.05 Discharge of Firearms

Officers will not discharge firearms under the following conditions:

a. At another person unless the circumstances are such that the officer would be justified under thelaw if the shot killed the person.

b. Where there is likelihood of serious injury to persons other than the person to be apprehended.


c. As a warning or attention shots.


d. Solely to protect property.

105.05 Discharge of Firearms

Firing at moving vehicles: Firing at a moving vehicle may have very little impact on stopping thevehicle. Disabling the driver may result in an uncontrolled vehicle, and the likelihood of injury tooccupants of the vehicle (who may not be involved in the crime) may be increased when thevehicle is either out of control or shots are fired into the passenger compartment. An officerthreatened by an oncoming vehicle shall, if feasible, move out of the way rather than discharginga firearm. Officer(s) shall not discharge a firearm at a moving vehicle or its occupant(s) inresponse to a threat posed solely by the vehicle unless the officer has an objectively reasonablebelief that:

1. The vehicle or suspect poses an immediate threat of death or serious physical injury tothe officer or another person and

2. The officer has no reasonable alternative course of action to prevent death or seriousphysical injury.

105.05 Discharge of Firearms

Firing from a moving vehicle: Accuracy may be severely impacted when firing from a movingvehicle, and firing from a moving vehicle may increase the risk of harm to officers or othercitizens. Officers should not

fire from a moving vehicle except in self defense or defense ofanother from what the officer reasonably believes to be the use or imminent use of deadlyphysical force. Above all, the safety of the public and the officer must be the overriding concern when the use of force isconsidered