Seattle Police Manual

8.500 – Firearms Discharge Investigations

Effective Date: 12/19/2012

8.500-POL

This policy pertains to all intentional and accidental discharges of firearms by Department employees, regardless of location or duty status. It does not apply to range training, hunting, or military activity.

1. The Homicide Unit Shall Investigate all Firearms Discharges

a. Firearms Discharge Investigations are Distinct From Type I, II and III Investigations

See 8.500–TSK–1 Responsibilities of the Involved Officer During the Investigation of a Firearms Discharge,

8.500–TSK–2 Responsibilities of the Witness Officers During the Investigation of a Firearms Discharge,

8.500–TSK–3 Responsibilities of the Patrol Sergeant During the Investigation of a Firearms Discharge,

8.500–TSK–4 Responsibilities of the On-Scene Commanding Officer During the Investigation of a Firearms Discharge,

8.500–TSK– 5 Responsibilities of the Duty Homicide Unit Sergeant or Above During the Investigation of a Firearms Discharge,

8.500–TSK– 6 Responsibilities of the Duty Captain During the
Investigation of a Firearms Discharge Involving Injury or Death

2. For Firearms Discharge Investigations, all Involved Officers Will Complete
an Officer Statement Using Descriptive Language

3. Within 30 days, the Homicide Captain Will Present the Completed
Investigation to the Investigations Bureau Chief

The Investigations Bureau Chief will review the investigation for completeness.

• This review will be completed within three business days, unless the Investigations Bureau Chief approves an extension. The investigation will then be forwarded to the involved officer(s)’ chain of command. After this review has been completed, the Homicide Captain will present the investigation to the Firearms Review Board.

• Any presentations to the command staff will also be the responsibility of the Homicide Captain.

4. The SPD Compliance Coordinator Will Notify the Appropriate Member of the Monitoring Team Within 12 Hours of a Firearms Discharge

 

8.500–TSK–1 Responsibilities of the Involved Officer During the Investigation of a Firearms Discharge

Upon being involved in a firearms discharge, the involved officer (any officer who had physical contact with the subject during the application of force):

1. Notifies his or her sergeant or above

 

a. If off-duty, notifies an on-duty SPD lieutenant

2. Answers questions posed by the first arriving sergeant from the Public Safety Statement Card

3. Remains at the scene until the arrival of the Homicide Unit detectives

a. Responds to the Homicide Unit office, as directed

4. Relinquishes his or her discharged weapon to the Homicide Unit sergeant, as directed

If the firearms discharge involved injury or death to a person:

5. Provides the case detectives with a verbal narrative of what happened

 

• This will occur either at the scene or at the Homicide Unit office

6. Conducts a scene walkthrough

• This will occur either on the day of the incident or at a prearranged time prior to the written statement.

7. Provides a use of force statement within three business days

The statement will be written per the following instructions:

• Describe in detail the circumstances that led up to the contact with the subject

• Provide a detailed description of the words, actions or behaviors of the subject that precipitated the need for force you used

• Provide a detailed description of any force used by you during this incident, to include any training you have had regarding these specific tactics or techniques

• Provide a detailed description of any force you clearly observed being used by other officers during this incident

• Provide a detailed description of any apparent injury to the suspect, any complaint of injury, or the lack of injury, including information regarding any medical aid or medical evaluation provided

8. Contacts an SPD Firearms Training Squad sergeant to arrange for a function test of the replacement firearm

• This shall occur as soon as possible.

• When the involved officer is notified that the involved firearm has been cleared to be released from the Evidence Unit for duty purposes, he or she will function test the weapon at the SPD Range prior to deploying it again for field duty.

9. Selects a mental health professional from the list of Department-approved MHP providers and contacts to arrange for a post-incident screening appointment

• The purpose of this visit is to make sure that the involved officer is ready to return to work.

• The Department will provide for up to the first six visits over a one-year time period beginning on the date of the incident.

• The involved officer will be allowed to bring a family member along at no extra charge to any or all covered visits.

 

8.500–TSK–2 Responsibilities of the Witness Officers During the Investigation of a Firearms Discharge

A witness officer (any officer who was on-scene and who had no physical contact with the subject during the application of force):

1. Answers the questions posed by a sergeant from the Public Safety Statement Card, including variations of those questions

2. Conducts a scene walkthrough and briefings with the Homicide Unit detectives

3. Remains at the scene until directed otherwise by the Homicide Unit sergeant

4. Completes a written statement prior to the end of shift, as directed

5. If desired, contacts a Department-approved MHP for a post-incident appointment

• The Department will provide for up to the first six visits over a one-year time period beginning on the date of the incident.

• The witness officer will be allowed to bring a family member along at no extra charge to any or all covered visits.

 

8.500–TSK–3 Responsibilities of the Patrol Sergeant During the Investigation of a Firearms Discharge

During the investigation of a firearms discharge, the patrol sergeant:

 

1. Responds to the scene

2. Advises communications of his or her assumption of command

3. Confirms that the necessary medical aid requests have been made

4. Obtains a Public Safety Statement from the involved officer, if feasible

5. Immediately broadcasts the necessary information obtained from the Public Safety Statement Card in order to enhance public safety and assist with the capture of outstanding suspects

a. After completing the required duties outlined on the Public Safety Statement Card, initiates Incident Command (ICS) as soon as possible

6. Notifies an on-duty lieutenant

7. Upon the arrival of the lieutenant, relinquishes command of the scene, after an in-person briefing

a. Coordinates with the lieutenant to make sure that, at a minimum, notification is made to the precinct Captain for the area in which the incident occurred and the section Captain for the involved officer(s)

8. Requests the response of the Homicide Unit

9. Relieves the involved officer of any scene-related duties

10. Assigns an officer to standby with the involved officer until the Homicide Unit arrives

a. If there are multiple involved officers, assigns an officer to each

 

• If it becomes unsafe for the involved officer(s) to remain at the scene (a large and unruly crowd has gathered, the officer’s uniform has become contaminated with bio-hazard material, etc.), the patrol sergeant shall arrange for the involved officer to be transported to the Homicide Unit office.

11. Supports the involved officer

a. Does not isolate the involved officer

b. Does not allow the involved officer to talk to other personnel about the incident

c. Confirms that the involved officer has access to the following:

• Food and drink

• Restroom facilities

• Telephone

• Representative from his or her collective bargaining unit

 

o This will not occur until after the Public Safety Statement Card has been obtained, unless the bargaining unit representative is on scene and has not other assigned life-safety duties.

d. Does not allow the involved officer to sit in the back seat of a police vehicle

e. Avoids making the involved officer feel like a suspect

 

12. Remains at the scene to coordinate scene security

13. Confirms that the necessary reports and statements have been completed and approved/delivered before involved personnel go off shift

 

8.500–TSK–4 Responsibilities of the On-Scene Commanding Officer During the Investigation of a Firearms Discharge

During the investigation of a firearms discharge, the on-scene commanding officer:

1. Responds to the scene

a. If the discharge occurred in another jurisdiction, responds to the location if it is within a reasonable distance

2. Advises communications of his or her arrival and assumption of command

3. Confirms that Incident Command has been established and the proper duties have been delegated

a. Provides the appropriate level of command and command structure in order to achieve scene preservation and crime scene integrity

b. If the discharge occurred in another jurisdiction, acts as a liaison between the Department and the outside agency

4. Maintains command of the scene until the arrival of the Homicide Unit

a. Upon arrival of the Homicide Unit command, relinquishes the inner perimeter of the scene

5. Confirms that all officers directly involved in the shooting respond to the Homicide Unit office, when directed to do so by the Homicide Unit

a. Confirms that the involved officers are accompanied by other officers

6. Notifies the Duty Captain

7. Confirms that a Department chaplain, Critical Incident Stress Management (CISM) team leader or member, and a representative of the appropriate collective bargaining unit are notified of the incident

a. When and if appropriate, assists with coordinating a debriefing for on-scene officers, as recommended by the CISM team leader or member

8. Coordinates with the Homicide Unit to make sure that all existing reports, documents and officer statements are immediately routed to the Homicide Unit

9. If the firearms discharge resulted in injury or death to a person, confirms that the involved officer is relieved of duty and placed on administrative leave

a. Defines administrative leave for the involved officer

 

8.500–TSK–5 Responsibilities of the Homicide Unit Sergeant During the Investigation of a Firearms Discharge

During the investigation of a firearms discharge, the Homicide Unit Sergeant:

1. Responds to the scene

2. Secures the involved officer’s discharged weapon in the exact condition it was in after being fired

 

a. Notes any tactical reloads, etc.

3. Confirms that the involved officer’s firearm is placed into evidence

4. Provides the involved officer with a replacement weapon

• This will typically occur at the Homicide Unit office.

• No immediate replacement will be provided for a Department-issued long gun

5. Supervises the investigation of the incident

If the firearms discharge involved injury or death to a person:

6. Completes appropriate sections of the Use of Force
Post-Incident Checklist

7. Provides all involved officers with a Use of Force Post-
Incident Checklist and a CISM Force Incident Booklet

 

8.500–TSK– 6 Responsibilities of the Duty Captain During the Investigation of a Firearms Discharge Involving Injury or Death

During the investigation of a firearms discharge involving injury or death, the duty captain:

1. Verifies that the following notifications are made:

• Section/Precinct Captain of the involved officer(s)

• Assistant Chief of the involved officer(s)’ bureau

• Office of the Chief

• Deputy Chief of Administration

• Public Affairs Unit