Policy Syracuse Police Department

306 Syracuse PD Policy Manual

Officer-Involved Shootings and Deaths

306.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedures for the investigation of an incident
in which a person is injured or dies as the result of an officer-involved shooting or dies as a result
of other action of an officer.
In other incidents not covered by this policy, the Police Chief may decide that the investigation
will follow the process provided in this policy.

306.2 POLICY
The policy of the Syracuse Police Department is to ensure that officer-involved shootings and
deaths are investigated in a thorough, fair and impartial manner.
The Department conforms to the Davis County Critical Incident Investigative Protocol for
investigating officer-involved shootings and deaths.

306.3 TYPES OF INVESTIGATIONS

Officer-involved shootings and deaths involve several separate investigations. The investigations
may include:
(a) A criminal investigation of the suspect's actions.
(b) A criminal investigation of the involved officer's actions.
(c) An administrative investigation as to policy compliance by involved officers.
(d) A civil investigation to determine potential liability.

306.4 CONTROL OF INVESTIGATIONS

Upon the use of deadly force by a member of Syracuse Police Department, the Davis County
Critical Incident Investigative Protocol shall be automatically enacted. The Department is required
to immediately contact the County Attorney's Office and affirmatively invoke the protocol.
Jurisdiction is determined by the location of the shooting or death and the agency employing the
involved officer. The following scenarios outline the jurisdictional responsibilities for investigating
officer-involved shootings and deaths.

306.4.1 CRIMINAL INVESTIGATION OF OFFICER ACTIONS

Upon invocation of the protocol, members of the Unified Command will select an Operations
Section Chief to manage the criminal investigation. The Operations Section Chief may be made
without respect to the rank or title of other investigators participating in the investigation.
The Operations Section Chief will be responsible for the first-line management of the criminal
investigation including the assembly and assignment of investigators.

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Anytime members of this department are asked to assist as part of the protocol team, the Police
Chief or the authorized designee shall be notified for approval.

306.4.2 ADMINISTRATIVE AND CIVIL INVESTIGATION

Regardless of where the incident occurs, the administrative and civil investigation of each involved
officer is controlled by the respective employing agency.

306.4.3 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS

The investigation of any possible criminal conduct by the suspect is controlled by the agency in
whose jurisdiction the suspect’s crime occurred. For example, the Syracuse Police Department
would control the investigation if the suspect’s crime occurred in Syracuse.
If multiple crimes have been committed in multiple jurisdictions, identification of the agency that
will control the investigation may be reached in the same way as with any other crime. The
investigation may be conducted by the agency in control of the criminal investigation of the involved
officer, at the discretion of the Police Chief and with concurrence from the other agency.

306.5 INVESTIGATION PROCESS

The following procedures are guidelines used in the investigation of an officer-involved shooting
or death.

306.5.1 UNINVOLVED OFFICER RESPONSIBILITIES

Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved SYPD officer
will be the officer-in-charge and will assume the responsibilities of a supervisor until properly
relieved. This officer should, as appropriate:
(a) Secure the scene and identify and eliminate hazards for all those involved.
(b) Establish an inner perimeter as soon as possible. Only those persons with a bona fida
investigative or medical service responsibility shall enter this area. The names and
agency affiliation of all persons who enter the inner perimeter shall be recorded on
a crime scene log.
(c) Take reasonable steps to obtain emergency medical attention for injured individuals.
(d) Request additional resources from the Department or other agencies.
(e) Coordinate a perimeter or pursuit of suspects.
(f) Check for injured persons and evacuate as needed.
(g) Brief the supervisor upon arrival.

306.5.2 SUPERVISOR RESPONSIBILITIES

Upon arrival at the scene, the first uninvolved SYPD supervisor should ensure completion of the
duties as outlined above, plus:
(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.

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1. In the event that there are no uninvolved officers who can supply adequate
overview, the supervisor should attempt to obtain a brief voluntary overview from
one involved officer.
(b) If necessary, the supervisor may administratively order any SYPD officer to
immediately provide public safety information necessary to secure the scene, identify
injured parties and pursue suspects.
1. Public safety information shall be limited to such things as outstanding suspect
information, number and direction of any shots fired, perimeter of the incident
scene, identity of known or potential witnesses and any other pertinent
information.
2. The initial on-scene supervisor should not attempt to order any involved officer
to provide any information other than public safety information.
(c) Provide all pertinent information to responding officers and Dispatch. If feasible,
sensitive information should be communicated over secure networks.
(d) Take command of and secure the incident scene with additional law enforcement
personnel until properly relieved by another supervisor or other assigned personnel
or investigator.
(e) As soon as practicable, ensure that involved officers are transported (separately, if
feasible) to a suitable location for further direction.
1. Each involved SYPD officer should be given an administrative order not to
discuss the incident with other involved officers or SYPD members pending
further direction from a supervisor.
2. An uninvolved officer from Syracuse Police Department will be assigned to each
involved officer and will accompany the officer(s) to the designated location. The
uninvolved officer shall remain with their assigned involved officer to ensure their
privacy, accommodate their needs, and preserve the integrity of each officer's
statement.
3. When an involved officer’s weapon is taken or left at the scene for other than
officer-safety reasons (e.g., evidence), ensure that he/she is provided with a
comparable replacement weapon or transported by other officers
Upon learning of an officer-involved shooting or death, the supervisor in charge shall be
responsible for coordinating all aspects of the incident until he/she is relieved by the Police Chief
or a Division Commander
All outside inquiries about the incident shall be directed to the supervisor in charge until relieved.

306.5.3 NOTIFICATIONS
The following persons shall be notified as soon as practicable:
• Police Chief
• Support Division Commander
• Davis County Critical Incident Investigative Protocol rollout team

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• Outside agency investigators (if appropriate)

• Internal Affairs Investigator supervisor
• Civil liability response team
• Psychological/peer support personnel
• Chaplain
• Medical Examiner (if necessary)
• Involved officer’s agency representative (if requested)
• Public Information Officer
• City Attorney (Utah Code 76-2-408)

306.5.4 INVOLVED OFFICERS

The following shall be considered for the involved officer:
(a) Any request for legal or union representation will be accommodated.
1. Involved SYPD officers shall not be permitted to meet collectively or in a group
with an attorney or any representative prior to providing a formal interview or
report.
2. Requests from involved non-SYPD officers should be referred to their employing
agency.
(b) Discussions with licensed attorneys will be considered privileged as attorney-client
communications.
(c) Discussions with agency representatives/employee groups will be privileged only as
to the discussion of non-criminal information.
(d) A licensed psychotherapist shall be provided by the Department to each involved
SYPD officer. A licensed psychotherapist may also be provided to any other affected
SYPD members, upon request.
1. Interviews with a licensed psychotherapist will be considered privileged.
2. An interview or session with a licensed psychotherapist may take place prior to
the member providing a formal interview or report. However, involved members
shall not be permitted to consult or meet collectively or in a group with a licensed
psychotherapist prior to providing a formal interview or report.
3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty
Policy).
(e) Communications with a peer support team member will be considered privileged to
the extent provided in Utah Code 78B-5-903.
Care should be taken to preserve the integrity of any physical evidence present on the involved
officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel
can properly retrieve it.

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Each involved SYPD officer shall be given reasonable paid administrative leave following an
officer-involved shooting or death. It shall be the responsibility of the appropriate Division
Commander to make schedule adjustments to accommodate such leave.

306.6 CRIMINAL INVESTIGATION

The protocol team is responsible for the criminal investigation into the circumstances of any officer-
involved shooting or death.
If available, investigative personnel from this department may be assigned to partner with or assist
investigators from the protocol team to avoid duplicating efforts in related criminal investigations.
Once public safety issues have been addressed, criminal investigators should be given the
opportunity to obtain a voluntary statement from involved officers and to complete their interviews.
The following shall be considered for the involved officer:
(a) SYPD supervisors and Internal Affairs Investigator personnel should not participate
directly in any voluntary interview of SYPD officers. This will not prohibit such
personnel from monitoring interviews or providing the criminal investigators with topics
for inquiry.
(b) If requested, any involved officer will be afforded the opportunity to consult individually
with a representative of his/her choosing or an attorney prior to speaking with criminal
investigators. However, in order to maintain the integrity of each involved officer’s
statement, involved officers shall not consult or meet with a representative or an
attorney collectively or in groups prior to being interviewed.
(c) If any involved officer is physically, emotionally or otherwise not in a position to provide
a voluntary statement when interviewed by criminal investigators, consideration
should be given to allowing a reasonable period for the officer to schedule an alternate
time for the interview.
(d) Any voluntary statement provided by an involved officer will be made available for
inclusion in any related investigation, including administrative investigations. However,
no administratively coerced statement will be provided to any criminal investigators
unless the officer consents.

306.6.1 REPORTS BY INVOLVED SYPD OFFICERS

In the event that suspects remain outstanding or subject to prosecution for related offenses,
this department shall retain the authority to require involved SYPD officers to provide sufficient
information for related criminal reports to facilitate the apprehension and prosecution of those
individuals.
While the involved SYPD officers may write the report, it is generally recommended that such
reports be completed by assigned investigators, who should interview all involved officers as
victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution,
statements of involved officers should focus on evidence to establish the elements of criminal
activities by suspects. Care should be taken not to duplicate information provided by involved
officers in other reports.

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Nothing in this section shall be construed to deprive an involved SYPD officer of the right to consult
with legal counsel prior to completing any such criminal report.
Reports related to the prosecution of criminal suspects will be processed according to normal
procedures but should also be included for reference in the investigation of the officer-involved
shooting or death.

306.6.2 INVESTIGATIVE PERSONNEL

Once notified of an officer-involved shooting or death, it shall be the responsibility of the Detective
Unit supervisor to assign appropriate investigative personnel to handle the investigation of related
crimes. Department investigators will be assigned to work with investigators from the protocol
team and may be assigned to separately handle the investigation of any related crimes not being
investigated by the protocol team.
All related department reports, except administrative and/or privileged reports, will be forwarded
to the designated Detective Unit supervisor for approval. Privileged reports shall be maintained
exclusively by members who are authorized such access. Administrative reports will be forwarded
to the appropriate Division Commander.

306.6.3 STATUTORY MANDATES RELATED TO CRIMINAL INVESTIGATIONS OF

CRITICAL INCIDENTS
The Shift Sergeant shall notify the City Attorney as soon as practical if the following critical
incidents occur within the jurisdiction of the Syracuse Police Department, whether or not an
involved law enforcement officer is a department member (Utah Code 76-2-408):
(a) Use of a firearm that caused an injury by a law enforcement officer or any other use
of a weapon by a law enforcement officer in a manner that could have caused death
or serious injury (e.g., a blow to the head of a person with a baton).
(b) A fatal injury to any person that could have been caused by a law enforcement officer
or while the person was in the custody of a law enforcement agency.
The Police Chief or authorized designee and the City Attorney shall jointly designate an agency
to criminally investigate the actions of a law enforcement officer involved in a critical incident, as
appropriate, and may jointly designate a lead agency if more than one agency will be involved.
An agency other than the Syracuse Police Department will criminally investigate the actions of
members who may have caused or contributed to a critical incident (Utah Code 76-2-408).

306.7 ADMINISTRATIVE INVESTIGATION

In addition to all other investigations associated with an officer-involved shooting or death, this
department will conduct an internal administrative investigation to determine conformance with
all department policy. This investigation will be conducted under the supervision of the Internal
Affairs Investigator and will be considered a confidential officer personnel file.
Interviews of members shall be subject to department policies and applicable laws.

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(a) Any officer involved in a shooting or death may be requested or administratively

compelled to provide a blood sample for alcohol/drug screening. Absent consent from
the officer, such compelled samples and the results of any such testing shall not be
disclosed to any criminal investigative agency.
(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the
assigned administrative investigator should review that statement before proceeding
with any further interview of that involved officer.
1. If a further interview of the officer is deemed necessary to determine policy
compliance, care should be taken to limit the inquiry to new areas with minimal, if
any, duplication of questions addressed in the voluntary statement. The involved
officer shall be provided with a copy of his/her prior statement before proceeding
with any subsequent interviews.
(c) In the event that an involved officer has elected not to provide criminal investigators
with a voluntary statement, the assigned administrative investigator shall conduct an
administrative interview to determine all relevant information.
1. Although this interview should not be unreasonably delayed, care should be
taken to ensure that the officer’s physical and psychological needs have been
addressed before commencing the interview.
2. If requested, the officer shall have the opportunity to select an uninvolved
representative to be present during the interview. However, in order to maintain
the integrity of each individual officer's statement, involved officers shall not
consult or meet with a representative or attorney collectively or in a group prior
to being interviewed.
3. Administrative interviews should be recorded by the investigator. The officer may
also record the interview.
4. The officer shall be informed of the nature of the investigation. If an officer
refuses to answer questions, he/she should be given his/her Garrity rights and
ordered to provide full and truthful answers to all questions. The officer shall be
informed that the interview will be for administrative purposes only and that the
statement cannot be used criminally.
5. The Internal Affairs Investigator shall compile all relevant information and reports
necessary for the Department to determine compliance with applicable policies.
6. Regardless of whether the use of force is an issue in the case, the completed
administrative investigation shall be submitted to the Use of Force Review
Board, which will restrict its findings as to whether there was compliance with
the Use of Force Policy.
7. Any other indications of a potential violation of any policy shall be determined in
accordance with standard disciplinary procedures.

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306.8 CIVIL LIABILITY RESPONSE

A member of this department may be assigned to work exclusively under the direction of the
legal counsel for the Department to assist in the preparation of materials deemed necessary in
anticipation of potential civil litigation.
All materials generated in this capacity shall be considered attorney work product and may not be
used for any other purpose. The civil liability response is not intended to interfere with any other
investigation but shall be given reasonable access to all other investigations.

306.9 AUDIO AND VIDEO RECORDINGS

Any officer involved in a shooting or death may be permitted to review available BWC/ICC video,
or other video or audio recordings prior to providing a recorded statement or completing reports.
Upon request, non-law enforcement witnesses who are able to verify their presence and their
ability to contemporaneously perceive events at the scene of an incident may also be permitted to
review available BWC/ICC video, or other video or audio recordings with the approval of assigned
investigators or a supervisor.
Any BWC/ICC video and other known video or audio recordings of an incident should not be
publicly released during an ongoing investigation without consulting the County Attorney's Office
and City Attorney’s Office.

306.10 DEBRIEFING
Following an officer-involved shooting or death, the Syracuse Police Department should conduct
both a critical incident/stress debriefing and a tactical debriefing.

306.10.1 CRITICAL INCIDENT/STRESS DEBRIEFING

A critical incident/stress debriefing should occur as soon as practicable. The involved
officer(s) Division Commander is responsible for organizing the debriefing. Notes and recorded
statements should not be taken because the sole purpose of the debriefing is to help mitigate the
stress-related effects of a traumatic event.
The debriefing is not part of any investigative process. Care should be taken not to release or
repeat any communication made during a debriefing unless otherwise authorized by policy, law
or a valid court order.
Attendance at the debriefing shall only include those members of the Department directly involved
in the incident, which can include support personnel (e.g., dispatcher, other non-sworn). Family
or other support personnel may attend with the concurrence of those involved in the incident.
The debriefing shall be closed to the public and should be closed to all other members of the
Department, including uninvolved supervisory and Internal Affairs Investigator personnel.

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306.10.2 TACTICAL DEBRIEFING

A tactical debriefing should take place to identify any training or areas of policy that need
improvement. The Police Chief should identify the appropriate participants. This debriefing should
not be conducted until all involved members have provided recorded or formal statements to
criminal and/or administrative investigators.

306.11 MEDIA RELATIONS

Any media release shall be prepared with input and concurrence from the Police Chief, department
representative responsible for each phase of the investigation, County Attorney's Office, and
City Attorney's Office. Releases will be available to all supervisory staff members and the Public
Information Officer in the event of inquiries from the media.
No involved SYPD officer shall make any comment to the media unless he/she is authorized by
the Police Chief or the Police Chief's designee .
Department members receiving inquiries regarding officer-involved shootings or deaths occurring
in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency
having jurisdiction and primary responsibility for the investigation.

306.11.1 DEPARTMENT WEBSITE

This policy shall be published on the department website along with any related written procedures
and protocols (Utah Code 76-2-408).

306.12 DAVIS COUNTY CRITICAL INCIDENT INVESTIGATIVE PROTOCOL

A link to the Davis County Critical Incident Investigative Protocol is attached below.
See attachment: Davis County Officer Involved Critical Incident Protocol revised 10 2020.pdf

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