The attorney general has determined Police Investigations of The use of force and the police
that the publication of this periodical
is necessary in the transaction of the
public business required by law. Use
the Use of Deadly Force
By Shannon Bohrer
1 investigation of such action can
have far-reaching consequences.
of funds for printing this periodical has
been approved by the director of the and Robert Chaney
Office of Management and Budget.
The FBI Law Enforcement Bulletin Operation Spring Cleaning Partnering with the media led to a
(ISSN-0014-5688) is published
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania
By Shawn Schwertfeger 12 positive interaction for one law
enforcement agency.
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional
The FBI’s National Law The FBI has expanded its Law
22
mailing offices. Postmaster: Send
address changes to Editor, FBI Law Enforcement Officers Killed and
Enforcement Bulletin, FBI Academy, Enforcement Safety Initiative
Quantico, VA 22135. Assaulted program to help prevent
By Charles E. Miller III,
the death or serious injury of this
Editor Henry F. Hanburger, nation’s sworn personnel.
John E. Ott Michael Sumeracki,
Associate Editors and Marcus Young
David W. MacWha
Bunny S. Morris
Art Director
Denise Bennett Smith Departments
Assistant Art Director
Stephanie L. Lowe
© Photos.com
B
asic law enforcement The law enforcement profes-
“When a police officer kills training covers using sion spends considerable time
someone in the line of duty— force, including deadly and resources training officers to
or is killed—it sets in motion a force, and investigating crimes, use firearms and other weapons
series of internal and external
reviews and public debate that even those involving assaults and to understand the consti-
normally does not end until and shootings by police. The tutional standards and agency
several years later when the relationship between these two policies concerning when they
civil and criminal court trials events—the use of force and the can employ such force. Society
are over.”1 police investigation of this use expects this effort because of the
of force—can have far-reaching possible consequences of of-
consequences, both good and ficers not having the skills they
bad, for the public, the depart- need if and when they become
ment, and the officers involved.2 involved in a critical incident.
January 2010 / 1
In addition to receiving of officer-involved shootings does not necessarily take into
instruction about the use of that can help ensure fair and account what can occur after-
force, officers are taught inves- judicious outcomes. ward. Just because the officer
tigative techniques. They must had the right to shoot and the
reconstruct the incident, find PERCEPTIONS OF evidence supports the officer’s
the facts, and gather evidence DEADLY FORCE actions may not guarantee a
to prosecute the offenders. And, All law enforcement train- positive, or even a neutral, re-
historically, they have done ing is based on the two elements ception from the public.
this extremely well. But, is the of criticality and frequency. In addition, who the police
same amount of attention paid Skills that officers need and shoot seems to mold some per-
to examining the investigative are required to have to perform ceptions. For example, a bank
process of the use of deadly their duties fall into both: robber armed with a shotgun
force and how this can af- 1) how often they use them presents a different connotation
fect what occurs after such an and 2) how crucial it is to than a 14-year-old thief wield-
event? Are there any reasons have them. Training officers ing a knife.3 Sometimes, it is
why the police should approach to handle potentially lethal who the police shoot that also
the investigation of an officer- incidents, by nature, is vitally can set the tone for the direction
involved shooting differently? important. Investigating officer- of the investigation surrounding
To help answer these questions, involved shootings constitutes the incident.
the authors present an over- a critical function, but, for most
view of perceptions about these departments, it does not occur The Officer’s Perception
events and some elements that that frequently. Only examining Interviews conducted with
law enforcement agencies can training needs from the perspec- officers who have been involved
incorporate into investigations tive of preparation for the event in shootings have revealed that
while many were well trained
for the event, they often were
not prepared for the investiga-
tion afterward.4 Some believed
that these investigations cen-
tered on finding something that
officers did wrong so they could
be charged with a crime or a
violation of departmental poli-
cy.5 Others felt that the investi-
gations were for the protection
of the agency and not necessar-
ily the officers involved.6
Officers can have broad
perceptions that often depend
Mr. Bohrer, a retired Maryland Mr. Chaney, a retired homicide
State Police sergeant, is the detective, currently serves as the
upon their experiences of being
range master for the Maryland deputy director of the Office of involved in a critical incident
Police and Correctional Training Intergovernmental and Public or knowledge of what has
Commissions in Sykesville. Liaison, U.S. Department of Justice.
happened to other officers.
“
bias and mistrust of govern- and neutral attitudes. Not all
ment.8 Documented cases of officers are suited to conduct-
riots, property damage, and loss ing police-shooting investiga-
of life have occurred in com- Perceptions by tions. Examining such incidents
munities where residents have requires open-minded, experi-
the public of enced investigators who have
perceived a police shooting as
unjustified. Some members of
officer-involved empathy toward the involved
the public seem to automati- shootings usually are officers and members of the
cally assume that the officer did as wide and diverse as general public. Starting with the
the population....
”
something wrong before any right investigators will ensure
investigation into the incident that the process has a solid
begins. Conversely, others foundation.
believe that if the police shot If possible, at least two
somebody, the individual must primary investigators should
not have given the officer any ELEMENTS OF THE oversee the case from the begin-
choice. INVESTIGATION ning until the end. They should
Few events in law enforce- be responsible for such ac-
The Department’s Perception ment attract the attention of the tivities as supervising the crime
Departmental perceptions media, the political establish- scene investigation, reviewing
can prove diverse and difficult ment, and the police adminis- witness statements and evidence
to express. For example, when tration more than an officer- and laboratory reports, and
interviewed, one chief of police involved shooting. In some coordinating with the criminal
advised that “it is sometimes instances, such intense interest justice system. They should not
easier to go through an offi- can affect the investigation. Is be heavily involved in the initial
cer being killed in the line of this scrutiny related to the inci- routine investigation except for
duty than a questionable police dent, the investigation, or both? handling the interaction with
shooting.”9 The chief was refer- Does it affect the focus and out- the involved officers, including
ring to the public’s response, come of the investigation? And, taking statements.
January 2010 / 3
The Crime Scene constitute the third element. The It is important to keep the
The second element entails investigators need to explain to involved officers informed.
the appropriate response to and the officers that these actions Someone should contact them
protection of the crime scene. will help maintain the integrity on a regular basis. In many
Homicide or criminal investi- of the case. They also should agencies, the officers have
gators should protect the site. invite the officers to stay within advocates, including peer
They need to take their time a protected area to participate support, union representation,
and broaden the protected area, in the follow-up investigation. and legal aid. Keeping the of-
possibly adding a safety zone When possible, they should ficers advised may require the
beyond the immediate vicinity. only take statements from the investigators to go through the
They should establish a press involved officers once they advocate.14
area with a public information clearly understand all of the
The Civilian Witnesses
“
officer available to respond to
media inquiries. The fourth element high-
Before inspecting the crime lights the importance of inves-
scene, the investigators should tigators gaining the confidence
videotape it and the surround- and respect of civilian wit-
Interviews conducted nesses. After all, they need their
ings and then periodically vid- with officers who
eotape the area, along with any assistance. In most cases, inves-
crowds and parked vehicles,
have been involved tigators should handle them the
during the course of the exami- in shootings have same way as involved officers.
nation. Such information may revealed that...they Before interviewing the
prove valuable later in locat- often were not witnesses, investigators should
ing additional witnesses. They prepared for have a full understanding of
should use up-to-date technol- the investigation the crime scene and the facts of
afterward.
”
ogy and evidence-gathering the shooting. If any statements
methods, calling on experts conflict with the crime scene ex-
as needed. amination or information from
Before releasing the crime other people who observed the
scene, the investigators should incident, investigators should
consult with the criminal justice facts and crime scene informa- have the witnesses view a crime
officials who will be responsible tion. Moreover, in the initial and scene videotape or take them
for the case. It can be easier to early stages of the investigation, back to the site to help them
explain the circumstances of the authorities never should re- recall events. They may wish to
incident while still in control of lease the names or any personal consult with the criminal justice
the location where it occurred.12 information of the involved investigating authority before-
officers.13 hand to ensure that the revisit
The Involved Officers Sometimes, it is beneficial does not invade the privacy or
Removing the involved of- for involved officers to revisit cause harm to the witnesses.
ficers from the scene as soon as the crime scene later to help And, of course, investigating
possible and taking them to a them recall events. If at all pos- authorities never should release
secure location away from other sible, the investigators should any information concerning the
witnesses and media personnel accompany them. witnesses.
January 2010 / 5
shoot. Perhaps, no one cares. Enforcement Bulletin, April 2002, 6-13; 7
American Association of State Troop-
After all, people say we’re and George T. Williams, “Reluctance to ers, AAST Trooper Connection, September
Use Deadly Force: Causes, Consequences, 2008.
trained to handle such things, and Cures,” FBI Law Enforcement 8
U.S. Department of Justice, Com-
as if training somehow removes Bulletin, October 1999, 1-5. munity Relations Service, Police Use of
or dilutes our humanity.”19 4
Anthony J. Pinizzotto, Edward F. Excessive Force: A Conciliation Handbook
While the six elements Davis, and Charles E. Miller III, U.S. for the Police and the Community (Wash-
presented in this article may Department of Justice, Federal Bureau of ington, DC, June 1999). This publication
Investigation, In the Line of Fire: Violence provides options for addressing contro-
not be all-inclusive, they offer Against Law Enforcement (Washington, versy surrounding the use of excessive
an outline that may reduce the DC, 1997); and Violent Encounters: or deadly force and offers guidelines for
negative events that sometimes A Study of Felonious Assaults on Our resolving community disputes. Readers
occur in these situations. Hav- Nation’s Law Enforcement Officers can access http://www.usdoj.gov/crs/pubs/
(Washington, DC, 2006). pdexcess.htm for the June 2002 updated
ing the appropriate investigators
“
version.
and a positive working relation- 9
In 1993, Edward F. Davis was an
ship with the media constitute instructor in the FBI Academy’s Behav-
the bookends of an effective ioral Science Unit when he interviewed
process. After all, the right the chief about police and the use of force.
investigators are the foundation Few events in The chief’s comment could be miscon-
for a thorough investigation, law enforcement strued because it was part of a larger
dialogue about police use of force and
and a cooperative connection attract the attention community relations, although it demon-
with the media forms the basis of the media, the strates perceived and sometimes real
of public understanding. Joining political establishment, concerns. Specifically, the chief was
and the police referring to the fact that the department
together and sharing informa- seemed to pull together when an officer
tion can help both the police administration more is killed and the opposite often occurs
and the media deal with officer- than an when the shooting is questioned in the
involved shootings in a fair and officer-involved media.
judicious manner. 10
Because of Robert Chaney’s (one of
”
shooting. this article’s authors) extensive experience
in investigating police shootings while
Endnotes serving with the Washington, D.C., Met-
1
Darrel W. Stephens, foreword to ropolitan Police Department and then re-
Deadly Force: What We Know, by William viewing such incidents for final disposition
A. Geller and Michael S. Scott (Wash- 5
Interviews with students attending when later employed by the U.S. Attor-
ington, DC: Police Executive Research the Management Issues: Law Enforce- ney’s Office for the District of Columbia,
Forum, 1992). ment’s Use of Deadly Force course taught he understands the value of the process
2
For an overview of legal concerns, at the FBI’s National Academy from 1995 and how this can affect public perceptions
see Thomas D. Petrowski, “Use-of-Force through 1999. The FBI hosts four 10-week and investigative outcomes.
Policies and Training: A Reasoned Ap- National Academy sessions each year 11
William A. Geller and Michael S.
proach,” FBI Law Enforcement Bulletin, during which law enforcement executives Scott, Deadly Force: What We Know
October 2002, 25-32 and Part Two, from around the world come together to (Washington, DC: Police Executive
November 2002, 24-32. attend classes in various criminal justice Research Forum, 1992).
3
Shannon Bohrer, Harry Kern, and subjects. 12
Robert Chaney’s (one of this article’s
Edward Davis, “The Deadly Dilemma: 6
Feedback from students attending the authors) experience includes a close
Shoot or Don’t Shoot,” FBI Law Enforce- Instructor Training Liability Issues course working relationship with the criminal
ment Bulletin, March 2008, 7-12; Larry taught at the Firearms Instructor Schools, justice authority (in his case, the criminal
C. Brubaker, “Deadly Force: A 20-Year Sykesville, Maryland, from 2001 through justice authority was the U.S. Attorney’s
Study of Fatal Encounters,” FBI Law 2009. Office). The close working relationship
T he FBI Law Enforcement Bulletin has been available to our readers online
since March 1990. With the August 2009 issue, we began sending our readers
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Editor
FBI Law Enforcement Bulletin
January 2010 / 7
Notable Speech
Honoring
the Fallen
By Attorney General Eric H. Holder, Jr.
special burden. And, though there is no speech or every visit with a parent, means a little bit more.
ceremony that can ease your pain, no tribute or sa- So, I ask that you honor the lives of your fallen
lute, tonight we join together in a candlelight vigil colleagues by giving as much of yourself to your
to honor their courage and to fill your hearts with loved ones as you give every day in service to
our nation’s gratitude. your country. We all know that without their love
The word vigil derives from the Latin word and support, your service would not be possible.
for “wakefulness.” It means, literally, “a period of Family is everything.
purposeful sleeplessness.” That is, in a sense, what It is up to all of us to bear true witness to the
we are here tonight to do: to refuse to sleepto bravery and sacrifice made by the heroes we honor
refuse to forget the heroes we’ve lost or their work today by remembering that we all have a personal
that remains undone. role to play in keeping our neighborhoods safe and
Though we may grieve, we must emphatically our nation secure. We must take responsibility for
reject despair. Unlike most other careers, the brave the problems we face in our communities and take
men and women who embark upon a life in law a stand against crimes both large and small. We
enforcement know fully that they might one day must help each other in times of need, and we must
be called upon to lay down their lives in the call teach our children the difference between right and
of duty. Those we honor tonight made that choice wrong.
willingly. Indeed, they embraced it. And, that is The candles we light tonight will not burn for
why their ultimate sacrifice means so much. They long, but they remind us that we must all be the
servedand sacrificedfor a purpose far greater keepers of the flame once borne by our fallen he-
than themselves. I can think of no truer definition roes. Let us bring this light back to our cities, our
of a hero. neighborhoods, our streets, and our homes. Let us
For all of those here tonight who answer the light the darker corners of our country where crime
call to keep our country safe, you know that every still thrives, where children live in fear, and where
kiss from your spouse, every hug from a child, law enforcement is threatened.
January 2010 / 9
“ They served—and
sacrificed—for a
purpose far greater
than themselves.
I can think of no truer
definition of a hero.
”
Tonight, we hold a vigil, but, every day, we friends.” Let us remember these words today and
must be vigilant. So, let us bind ourselves together always. And, in deepest gratitude, let us be secure
with a new bond of serviceto make our country in the knowledge that our dear friends rest in peace
brighter, safer, and more hopefuland, in so do- and in a place of honor.
ing, let us honor the memory of our fallen heroes May God bless you and the men and women
every day. who have given their lives in service to our
We read in the Scriptures, “Greater love has no nation. Thank you.
one than this, that a man lay down his life for his
Wanted:
Notable Speeches
Attention
Homicide, Missing Persons
and Crime Analysis Units
Unidentified Victim
Race and
Ethnicity: Black/Middle
Eastern/Caribbean
Sex: Male
Age: 30s
Hair: Black
Height: 5' 8"
Weight: 98 lbs.
Clothing: Brown pants, brown belt,
white T-shirt, white socks, multicolored
boxer shorts, black flip-flops
January 2010 / 11
© shutterstock.com
Media as
Teammate
Operation
Spring Cleaning
By Shawn Schwertfeger
F
or some in the law Challenge Faced
“Individual commitment to a enforcement and media Albemarle County en-
group effort—that is what makes professions, the phrase
a team work, a company work,
compasses 720 square miles
a society work, a civilization work.” media as teammate may seem in central Virginia and has a
like an unusual concept. For the population of about 94,000. It
—Vince Lombardi1 Albemarle County, Virginia, surrounds the city of Charlottes-
Police Department, however, ville, which contains approxi-
this idea led to an initiative that mately 10 square miles with a
became a positive interaction population of 40,000 and has its
between the two entities and own police agency. The Univer-
helped reduce the number of sity of Virginia has most of its
outstanding warrants the depart- facilities located in the county,
ment had accumulated.2 adding an additional 20,000 to
“
1,100 warrants. Hence, these
warrants identified local crime
potentially committed by local For some in the
people. The department found law enforcement and
this unacceptable and believed media professions,
that it was negatively impact-
ing the community. Department
the phrase media as
leaders felt that they owed it teammate may seem
to their citizens to actively and like an unusual
progressively attempt to lower concept.
”
the number of outstanding war-
rants. In April, the chief and the
commander of the Community Lieutenant Schwertfeger serves with the
Support Division came up with Albemarle County, Virginia, Police Department.
January 2010 / 13
© Photos.com
“
porting positively on the efforts. to the community and to the
The department allowed some victims of the crimes commit-
members of the media to ride ted that the Albemarle County
along with several of the arrest Police Department will employ
teams, providing a close-up Working with the progressive efforts to address
view of the initiative. media during this area of concern. For the
Overall, the interaction this operation was officers involved, the operation
with all representatives of the necessary to its demonstrated that the depart-
media was extremely positive success and turned ment was proactively trying to
and helpful. Working with the out to be very make a difference by teaming
media during this operation was with the community and, more
”
rewarding.
necessary to its success and important, capitalizing on a pro-
turned out to be very rewarding. fessional relationship with the
Ironically, a media source—a media, a true teammate in the
law enforcement magazine— success of a common goal.
spawned the idea, and the hard proved difficult to overcome in
work of a newspaper that the some situations. Additionally, Endnotes
department thought might not future operations should include 1
http://www.heartquotes.net/team-
want to participate turned out officers who speak Spanish, work‑quotes.html
to make an enormous contribu- along with the services of the 2
This article is excerpted from an as-
tion. Operation Spring Cleaning local probation and parole signment the author completed for Media
office. Relations for the Law Enforcement Execu-
could not have happened with- tive (CJ 523), FBI National Academy,
out media involvement. Finally, the department did Session 236, Penny Parrish, Instructor.
not receive as much positive 3
James D. Fox and Michael S. New,
Lessons Learned coverage as it could have. This “‘The List’: A Warrant Service Strategy,”
A few problems occurred occurred because it dealt mostly FBI Law Enforcement Bulletin, November
during the project. At least with the one newspaper, rather 2005, 22-24.
4
For additional information on the Ed-
four names of people no longer than with all media outlets. ward Byrne Memorial Justice Assistance
wanted appeared on the lists. While a minor disappointment, Grant Program, see http://www.ojp.usdoj.
Most had been served in other the department intends to advise gov/BJA/grant/jag.html.
January 2010 / 15
Bulletin Reports
January 2010 / 17
Police Practice
The Anatomy of a Police Pipe Band
By James VanBrederode
T
© Photographs by Bob and Glenda Melville; Sue Weller
he mournful sounds of the bagpipes led the undesirable because of low pay and benefits.2
hearse making its way through the columns Many Irish immigrants undertook these profes-
of blue uniforms. The young officer had died in a sions to establish themselves and become part of
tragic traffic accident while responding to a bur- America. The Irish police and firefighters brought
glary alarm. Over 2,000 colleagues lined the front with them the tradition of playing the bagpipes at
of the cathedral sidewalk to greet the casket. parades, ceremonies, and funerals. The New York
How did bagpipes become the adopted instru- City Police Department formed the first Police
ment of the law enforcement community? How Emerald Society to preserve the Irish heritage in
does a department begin a ceremonial bagpipe 1953.3 Today, Emerald Societies exist across the
unit? The author addresses such questions by shar- country, and many sponsor their own pipe band.
ing firsthand experiences of the Gates Keystone
Club Police Pipes and Drums Band, which formedDEVELOPING A BAND
in 1998.1 Celebrating over 10 years of existence, The Gates Police Department, located in up-
the band has grown to 50 members. state New York, has 32 sworn officers. In 1998,
six employees committed to starting a police cer-
APPRECIATING THE HISTORY emonial pipe band. Prior to that time, no police
In the late 1800s, many people considered pipe bands were available in that region. Rather,
law enforcement and other public service jobs organizations hired a member of the local Scottish
January 2010 / 19
choose quality uniforms and explore what mem- police officers, the Gates Keystone Club began
bers of other pipe bands wear. accepting civilian membership and found the com-
munity partnership a great asset. The club conducts
Recruitment and Community Involvement background checks on new civilian members and
In 1998, none of the Gates Keystone Club holds them to the highest standards. High school
founding members had played bagpipes. Thus, and college students, retirees, and professional
they took lessons from an older Scotsman and residents who admire their local police comprise
learned the instrument. A new piper starts on the band. Civilians feel proud to be part of this dis-
a chanter (approximately $70); learns the nine tinctive group of 30 percent police and fire fighter
notes, doublings, and grace notes; and, after 8 or personnel and 70 percent citizens, and such in-
9 months, graduates to the bagpipes, which most volvement has proven an enormous building block
members find easy to play. The instrument has no for community relations. To accommodate fami-
sharps, flats, or volume control, but students must lies, band members created a color guard unit for
master the ability to finger, squeeze, and blow at the nonmusicians. Additionally, four families have
the same time. To recruit prospective participants, multiple members who have joined the band.
the Gates Keystone Club provides free piping and Inviting the public and outside law enforce-
drumming lessons. Members have discovered that ment agencies, fire departments, and ambulance
individuals who become musicians when they start corps to “open houses” constituted an effective
with the band prove more loyal and apt to stay recruiting tool. Members conduct demonstrations
onboard. and exhibit photo displays and video footage of
Once the band began making public appear- various events.
ances, the community embraced theminterest As the Gates Keystone Club band grew in
in joining the band or having it perform at public talent and size, it became more than just a police
events became overwhelming. Although some ceremonial bandit averages 50 events each year.
police pipe bands are open only to active or retired Members usually select police-related events,
such as promotion ceremonies, law
enforcement graduations, memorial
services, police-sponsored Special
Olympics, and those directly connect-
ed with the Town of Gates communi-
ty. They volunteer to play during local
Memorial and Veteran’s Day services
and at military funerals related to the
conflicts in Iraq and Afghanistan, as
well as in local high school musicals.
Such events are important to building
a relationship with the community.
The ability to play bagpipes is a spe-
cial talent few individuals have and
should be shared during appropriate
occasions. Community events serve
as an excellent opportunity for agency
MANAGING A BAND
An effective manager proves vital
to a band’s success. The band man-
ager works behind the scenes and in
the community promoting the band,
finding public venues in which to
participate, negotiating paid events
for fundraising, and serving as the
band’s spokesperson. The manager
should know the band’s capabilities,
especially when it is just establish-
ing itself. The Gates Keystone Club found that as in official ceremonial events. Because the Gates
the community began to learn about the band, the Keystone Club took the time to learn how other
manager’s job became extremely busy and time departments established a successful band and has
consuming. The position requires a person who remained dedicated to its mission, it has grown to
has both the time to devote and the necessary com- over 50 members. Today, participants include not
munication skills to handle various situations. Of- only police officers but firefighters, high school
ten, as a band grows, in-house personnel conflicts students, and local citizens as well.
arise, and an effective manager can quickly resolve Members report that the experience of playing
any problems. in a police pipe band has changed them personally
Showmanship is an important piece of the and professionally, and they realize it is a talent
puzzle in a successful band, from playing tunes only a few possess. The Gates Police Depart-
that the public recognizes, having special march- ment encourages other agencies to investigate the
ing maneuvers, and engaging the crowd with em- possibility of establishing a pipe band in their
bellishing swing tenors to having a parade vehicle community for the abundant rewards it can bring
accompany the band. The Keystone Club pur- not only to participants but also to those who hear
chased a 1966 fire truck for a nominal fee, named the thunder of the drums and the sounds of the
it “Amazing Grace” (perhaps the most requested pipesa distinctive tone revered by many.
tune on the bagpipes), and discovered the vehicle
to be a great crowd pleaser. Further, establishing a Endnotes
Web site and displaying a banner during parades 1
See, http://www.gateskeystoneclub.com.
greatly enhances publicity for the band. 2
For more information, visit http://www.nvemeraldsociety.org.
3
http://www.nypdemeralds.com/
CONCLUSION
The Gates, New York, Police Department
started a ceremonial pipe band, the Gates Key- Lieutenant VanBrederode serves with the Gates,
stone Club Police Pipes and Drums Band, over 10 New York, Police Department.
years ago to honor fallen comrades and participate
January 2010 / 21
The FBI’s
National Law
Enforcement
Safety Initiative
By Charles E. Miller III, Henry F. Hanburger,
Michael Sumeracki, and Marcus Young
© iStockphoto.com
I
n December 1952, at ap- enforcement officer stopped a approaching a motor vehicle.
proximately 2:30 a.m., a vehicle occupied by a lone male Sadly, the officer in the first
law enforcement officer for exceeding the speed limit. incident died from his wounds,
stopped a vehicle occupied by When the officer approached but the officer in the second one
a lone male for exceeding the the vehicle, he was shot twice sustained only minor injuries.
speed limit. When the officer in the upper chest with a What are some of the common-
approached the vehicle, he was 9-millimeter semiautomatic alities and differences between
shot twice in the upper chest handgun. The officer fell to the these two felonious attacks?
with a .38-caliber revolver. The pavement, and the vehicle sped Are there specific, identifiable
officer fell to the pavement, and away. The driver was arrested factors that would explain why
the vehicle sped away. Several several hours later, convicted of one officer died and the other
days later, the driver was ar- this offense, and sentenced to a survived? Although the circum-
rested, convicted of the offense, lengthy prison term. stances of the encounters are
and sentenced to life in prison. In both of these incidents, similar, they occurred 50 years
In December 2002, at the officers were shot in the apart. Was the officer in the
aproximately 3 a.m., a law same area of the chest while second incident better equipped
or mentally prepared for the enforcement organizations. on law enforcement officers that
encounter than the first? Did Other advantages the officer occur at the state or local level?
their agencies train them differ- from the 2002 incident enjoyed And, finally, what role, if any,
ently? If so, did the training the included better communica- does the FBI play in addressing
officers received possibly have tions, better lighting, and prob- law enforcement safety issues
a significant influence on the ably better training. When asked on a national level?
outcomes of these shootings? his intent at the time of the 2002 To answer these ques-
Upon examining these attack, the 15-year-old offender tions, the authors present the
incidents in greater detail, it stated that because he knew establishment, the role, and the
becomes clear that the officer most law enforcement officers evolution of the FBI’s Uniform
who conducted the traffic stop wear protective body armor, he Crime Reporting (UCR) and
in 2002 had several significant was attempting to kill this one Law Enforcement Officers
advantages when compared by shooting him in the head. Killed and Assaulted (LEOKA)
with the officer from 1952. The Relating why he thought he programs. They also discuss
officer in 2002 was protected was not successful, the teenager approximately 20 years of
from serious injury due to his said, “He wouldn’t give me research conducted by the FBI
department-issued body armor. a good shot. He stood too far that focused on incidents where
This particular agency mandat- back. I had to stretch around to officers were feloniously killed
ed that patrol officers wear body fire. Because of that, my shots or assaulted in the line of duty
armor, strictly enforcing this went low, and I missed.”1 and resulted in three special
policy and disciplining officers How did the FBI obtain in- studies published by the U.S.
who failed to comply. In 1952, formation about these two inci- Department of Justice in 1992,
affordable body armor was dents? Further, what is the FBI’s 1997, and 2006. Based on this
not readily available to law interest in the felonious attacks research, the FBI’s Criminal
January 2010 / 23
Justice Information Services The UCR program operates personnel of the Strategic Sup-
(CJIS) Division offers free of- under the “shared management” port Section (SSS), handle the
ficer safety training to federal, concept. This means that the actual day-to-day operations of
tribal, state, and local law en- general policy concerning the the program.
forcement agencies throughout philosophy, concept, and opera-
the United States. The increas- tional principles of the program THE LEOKA PROGRAM
ing number of law enforcement is based upon the recommen- From 1937 through 1971,
departments requesting this dations of the CJIS Division the UCR program included the
training has necessitated the ex- Advisory Policy Board (APB) number of law enforcement
pansion of the LEOKA program to the director of the FBI. It also officers killed in the line of
into the FBI’s National Law ensures that the concerns of the duty in the annual Crime in the
Enforcement Safety Initiative. program’s stakeholders (i.e., United States publication. In
law enforcement entities) are 1972, the FBI began collecting
THE UCR PROGRAM considered in making program detailed data on law enforce-
Since 1930, the FBI has ad- modifications and additions. ment officers killed in the line
“
ministered the UCR program at of duty and publishing the
the request of the International information in annual reports.
Association of Chiefs of Police To ensure the comprehensive
(IACP), assuming the task of collection of these statistics,
collecting, verifying, analyzing, ...what is the FBI’s the FBI’s field offices notify
and disseminating crime data interest in the the LEOKA program when an
on a national level. In 1937, the felonious attacks officer within their jurisdiction
UCR program began publishing on law enforcement is killed in the line of duty. The
the annual Crime in the United officers that occur program then immediately dis-
States report and disseminating at the state or seminates this information to all
it to all participating contribu- law enforcement agencies via
”
local level?
tors. Today, the program contin- the National Law Enforcement
ues as a nationwide, coopera- Telecommunications Network.
tive statistical effort of more An FBI agent provides the law
than 17,000 city, university and enforcement organization that
college, county, state, tribal, Besides the CJIS APB, advi- suffered the tragedy with a copy
and federal law enforcement sory groups from the IACP, the of the Analysis of Law Enforce-
agencies voluntarily reporting National Sheriffs’ Association, ment Officers Killed reporting
data on crimes brought to their and the Association of State form to collect all relevant data,
attention. Crime in the United Uniform Crime Reporting along with information on the
States, now solely available Programs foster widespread Public Safety Officers’ Benefits
online, is used by law enforce- and responsible use of crime Program and the U.S. Depart-
ment administrators and manag- statistics and lend assistance to ment of Labor’s Office of Work-
ers, criminologists, sociologists, data contributors when needed. ers’ Compensation Program for
legislators, municipal planners, Members of the CJIS Division’s the victim officer’s family.3
researchers, media representa- Liaison, Advisory, Training, Also in 1972, the UCR pro-
tives, and others interested in and Statistics Section (LATSS), gram created a separate monthly
criminal justice matters.2 along with assistance from form for law enforcement
January 2010 / 25
one is for officers acciden- personnel in the identification of and their killers, along with the
tally killed, and the other is for training issues for preventing circumstances that brought them
officers feloniously killed or line-of-duty deaths and serious together. Victim officer profiles
injured with a firearm, knife, or injuries to law enforcement contain data on age, sex, race,
other cutting instrument during personnel. physical attributes, years of ser-
a felonious assault. The team vice, and other relevant infor-
then field tested the new forms SPECIAL RESEARCH mation. Situational descriptions
with numerous law enforcement PROJECTS that indicate what particular
agencies to assess any problems The LEOKA program’s tasks the officers were perform-
they could have understanding primary goal involves serv- ing at the time of their deaths,
and completing them. The team ing federal, tribal, state, and such as making an arrest, trans-
preselected cases and assigned local law enforcement agencies. porting a prisoner, handling a
them to the agencies to disturbance call, or mak-
ensure a healthy mixture ing a traffic stop, are por-
of incident types. None trayed. Also addressed are
of the agencies experi- weapons used and type
enced major problems and geographic location
completing the forms, of the victim officers’ law
and all commented posi- enforcement agencies.
tively on their utility. The Information about the of-
time needed to complete fenders includes physical
either the accidental or the characteristics and crimi-
felonious form averaged nal histories.
approximately 1 hour. In Yet, even these de-
November 2008, IACP tailed data cannot answer
passed a resolution en- what is likely the most
dorsing the implementa- important question. Why
tion of the new forms did the incident occur?
at its annual conference.7 Speculation ranges from
The importance of this discussions of possible
project cannot be over- procedural mistakes to as-
stated. The quantity and sessments of the adequacy
quality of the new data of law enforcement train-
captured will improve the ing and analyses of the
CJIS Division’s service to personality types of both
the law enforcement offenders and officers
community, and, likewise, involved. Many serious
the profession will benefit from Each year, the Law Enforcement questions arise when consider-
the additional information. It Officers Killed and Assaulted ing the possible causes for these
is anticipated that the annual publication presents extensive events. What factors turned a
LEOKA publication will double data provided by slain officers’ petty thief or a drunk driver into
in size and assist law enforce- employing agencies, including a killer of a law enforcement
ment managers, trainers, and information about the officers officer? Why would a person
“
forcement training through- incidents studied. It identified
out the nation and repeatedly personality types of offenders,
hearing these questions, UCR provided guidance in assessing
instructors formulated a plan In 1972, the FBI how those of a given type will
in 1989 to study the felonious typically interact with authority
killings of officers through an
began collecting
figures, and offered styles or ap-
interactive and integrative ap- detailed data on law proaches in questioning or inter-
proach. The study would ad- enforcement officers rogating them by law enforce-
dress the psychology of offend- killed in the line of ment. It pointed out specific
ers, the behavior of officers, and duty and publishing areas where law enforcement
the circumstances that led to the information in training and procedures may be
annual reports.
”
lethal attacks. Clearly, such an improved. It provided some sig-
integrative study could practi- nals for law enforcement man-
cally and substantially add to agers about officers who may be
the current base of knowledge more likely to become a victim
on the felonious killings of law in a potentially deadly situation.
enforcement officers. While Next, the behavioral descriptors Probably most important, it did
it would not answer all of the of victim officers frequently ap- not answer all of the questions.
questions or prevent all future peared similar, with the officers In fact, the study actually raised
deaths, it would examine the characterized as generally good- as many as it answered and
complex situations in a differ- natured and more conservative identified areas that required
ent manner than previously than their fellow officers in the more extensive study and thor-
accomplished.8 use of physical force. Finally, ough evaluation at all levels of
the incidents themselves re- law enforcement.
Killed in the Line of Duty vealed that the killings often
The study, conducted over were facilitated by some type In the Line of Fire
a 3-year period, reviewed 51 of procedural miscue (e.g., an A second study, conducted
incidents that resulted in the improper approach to a vehicle over a 3-year period, exam-
line-of-duty deaths of 54 law or loss of control of a situation ined 40 cases, which had 52
enforcement officers and in- or individual). In short, the re- victim officers and 42 offend-
volved 50 offenders. While the searchers determined that these ers. Unlike the first one, which
January 2010 / 27
explored the topic of officers failed to keep in mind that their same incidents said that they
killed in the line of duty, the own safety must come first so were unaware of the impending
second study included officers that they remain alive and able assault.
who survived felonious assaults to protect the community. What causes these percep-
and, thus, could explain their The additional insight tual differences? Even though
actions or offer reasons why gained from the involved of- clearly life-and-death situations,
they chose not to act. ficers triggered more questions. these events could not have
Published in 1997, In the How and why do offenders and been processed in a more strik-
Line of Fire: Violence Against officers have different percep- ingly opposite manner. What
Law Enforcement, A Study of tions about a situation? The was it in the histories, train-
Felonious Assaults on Law discrepancy proved noteworthy. ing, and experiences of these
Enforcement Officers officers and offenders
presented findings that that produced such wide
proved strikingly similar discrepancies?
to those in the first study
in terms of the various Violent Encounters
threats officers faced as Beginning in 2000,
they performed their du- the final study, conducted
ties. Law enforcement over a 6-year period,
officers continued to examined 40 cases, which
become unwitting compo- involved 43 offenders and
nents of the deadly mix. 50 victim officers. The
Both studies found that of- major theme that threaded
ficers frequently neglected throughout this study
their own safety when derived from the concept
performing their duties. of the deadly mix, discov-
When officers received ered in the first study and
calls for service, as well fully explained in the final
as when they initiated installment of the tril-
contacts, their mental and ogy on law enforcement
physical reactions were safety, Violent Encoun-
geared toward responding, ters: A Study of Felonious
helping, clearing the call, Assaults on Our Nation’s
and returning to service Law Enforcement Offi-
for the next call. By their cers, published in 2006.
own admission, they often were Two-thirds of the offenders The term deadly mix de-
thinking about the next call stated that they believed the scribes an integrative process
before they cleared the current officer did not know how seri- encompassing all aspects of
one. Consequently, they sacri- ous the situation had become the officer, the offender, and
ficed their own safety for what just before the assault occurred. the circumstances that brought
they perceived as “the greater Without knowledge that these them together at the time of the
good: the safety of the commu- offenders made this assessment, felonious attack. Conceptually,
nity.” The officers sometimes the officers involved in these the deadly mix can provide
January 2010 / 29
Detailed Data Requests
The FBI’s annual Law Enforcement Officers Killed and Assaulted (LEOKA) publica-
tion is available online and is downloadable at http://www.fbi.gov/usr/usr.htm#leoka. Law
enforcement administrators, trainers, and officers, along with members of the academic
community, can find this information invaluable. The FBI’s Crime Statistics Management
Unit can compile more detailed data to suit specific research needs. Inquiries can be made
via telephone at 304-625-3587 or by e-mail to either fkelley@leo.gov or dkisner@leo.gov.
sheets, officer safety pocket feloniously killed for over 10 In addition, the LEOKA team
guides, and CDs that contain consecutive years. What factors will use the research conducted
all three studies. The length of may have contributed to this in- in an effort to further expand
the training varies from 2 to 16 crease? Is this rise in accidental the answers to questions previ-
hours and is tailored to meet the deaths preventable? If so, what ously posed and hopefully those
specific needs of the requesting type of training or policy chang- not yet conceived.
agency. es should administrators imple- It will be through the
ment to bring these numbers combined efforts of law en-
FUTURE EFFORTS down? The LEOKA researchers forcement agencies across the
Given the enhancements in hope to answer these questions country and their dedicated
the data collection and the addi- in the future. personnel that the LEOKA
tion of instructors, researchers, program will continue to gather,
and personnel to analyze the CONCLUSION disseminate, and analyze data
collected material, it is expected The FBI’s Law Enforcement from incidents of law enforce-
that the LEOKA annual publi- Officers Killed and Assaulted ment officers assaulted and
cation about officer deaths and program will continue working killed while performing their
assaults will increase in size in partnership with agencies duties. With this strong coop-
and value. The ultimate hope is across the United States in erative effort, the knowledge,
that it will prove helpful to law researching violent encounters training, and education of law
enforcement agencies in provid- while publishing material rele- enforcement personnel will con-
ing training and education to vant for the purpose of prevent- tinue and be of benefit to all.
prevent and minimize officer ing the deaths of or serious
assaults and deaths. injuries to our nation’s law Endnotes
Another area of desired enforcement personnel. The
1
Anthony J. Pinizzotto, Edward F.
Davis, and Charles E. Miller III, “The
research to be conducted by LEOKA program will continue Deadly Mix: Officers, Offenders, and
the LEOKA team in the near to evolve in providing cost- the Circumstances That Bring Them
future is the examination of ac- effective regional training for Together,” FBI Law Enforcement Bulletin,
cidental deaths of officers while local, state, and federal law en- January 2007, 1-10.
on duty. For the first time in forcement, including resources
2
For specific annual editions, access
http://www.fbi.gov/ucr/ucr.htm#cius.
program history, the number of for the professional develop- 3
For information on the Public Safety
officers dying in accidents has ment of the dedicated personnel Officers’ Benefits Program, access http://
exceeded the number of officers protecting and serving society. www.ojp.usdoj.gov/BJA/grant/psob/
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January 2010 / 31
FBI Law Enforcement Bulletin
Author Guidelines
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. The Bulletin also wants to recognize
those situations that transcend the normal rigors of the law enforcement profession.
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Patch Call
Tulsa, Oklahoma, was once known as “the oil The patch of the Russellville, Arkansas, Police
capital of the world.” Its police department’s patch, Department features several symbols significant
in the shape of a yield sign, includes a representa- to the area. These include the arrowhead, atom,
tion of the city’s skyline. landscape, railroad line, ship’s wheel, and cog.