November 29, 2012 Pursuit Review Update

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November 29, 2012 Pursuit Review Update

Today, a press briefing was held to update the media and the public in regards to the November 29, 2012 pursuit.  The following information was provided in that briefing.

First, a brief re-cap of the administrative review which was conducted by the Critical Incident Review Committee (CIRC) concerning the Fatal Pursuit which took place on November 29, 2012:

The Committee (CIRC) reviewed the completed BCI investigation and conducted their own investigation.  All records and electronic data were reviewed.  Police supervisors and officers involved in the pursuit were interviewed and the pursuit route was driven several times to determine if the pursuit followed the Division’s policy and procedures.

Upon completion of the committee’s investigation, the results and recommendations were forwarded to the office of the Chief of Police for review.  In the spirit of transparency, the findings were made public in a Power Point presentation at a press conference held by the Division of Police.

This administrative review was focused solely on those involved in the pursuit and not those involved in the deadly force incident.  The Deadly Force incident is still under review by the County Prosecutor’s Office.

The first course of review was to determine the on-duty supervisor’s involvement.  The evidence as presented by the committee indicated that there were twelve police supervisors during the course of the pursuit that were involved in, or violated some administrative infractions (1 captain, 1 lieutenant, 9 sergeants). Disciplinary hearings (Due Process) were conducted by the Safety Director and the Chief of Police resulting in 9 suspensions, 2 demotions and 1 termination.

The next step in the review process was to review the 277 police officers that were working on the evening of November 29, 2013:

After the Critical Incident Review Committee (CIRC) completed their investigation, reviewing all of the reports and electronic data (AVL) and conducting interviews, it was determined that 104 of the 277 officers working that evening were involved in the pursuit in some capacity (blocking intersections, paralleling etc.)

The evidence as presented by the committee indicated that 74 of the 104 officers involved would be facing some form of disciplinary charges relative to violations of the Division’s General Police Orders and Manual of Rules and Regulations,  20 of those officers were referred to the Director of Public Safety and 54 remained at the Chief’s level.  A total of 264 administrative specification charges were recommended by the Critical Incident Review Committee (CIRC) and filed against the 74 officers.

As a result of the Due Process of the Disciplinary Hearings, 109 of the 264 administrative specification charges were dismissed and 155 disciplinary charges were upheld; 64 of the 74 patrol officers were found guilty of administrative charges ranging from excessive speed to insubordination resulting in:

•  a total of 175 suspension days issued

•  2 written warnings

•  9 non-disciplinary letters of reinstruction

•  3 patrol officers’ administrative charges were dismissed with no further action

The use of the Deadly Force incident remains under review by the County Prosecutor’s Office.  Once the review is completed, the Division of Police (CIRC) will conduct an administrative review of the involved officer’s actions.

The process of helping our community and the Division of Police move forward has been under way and this transparent review will help us continue on this path and make us stronger.  The review process has been thorough and the results have been fair.

Through the course of the disciplinary process, the supervisors and patrol officers who have been charged with rule violations have been professional and, most importantly, very honest as to what transpired on the evening of November 29, 2012.  The Critical Incident review Committee (CIRC) was thorough and diligent in examining every piece of information possible to fully understand what took place during the pursuit and whether or not the Division’s policies and procedures were followed.  Further, the due process of the disciplinary hearings was fair and impartial relative to the investigation and the facts related to the administrative review.

Upon completion of the entire Administrative review we will continue to assess the Division of Police to ensure that we provide the services that this community expects and deserves.