Item 17 - Investigative Procedures for Officer Involved Shootings
,AGENDA REPORT SUMMARY -
TO: Honorable Mayor and Members of the City Council
OM: James L. Bowersox, City Man~
INITIATED BY: Jim Marmack, Commander, Poway Sheriff's Station
DATE: August 1, 1995
SUBJECl': Investigative Procedures for Officer Involved Shootings
ABSTRACl'
On June 17, 1995, a Deputy Sheriff assigned to the Poway Station stopped a suspected
drunk driver. During the process of handling the situation, the deputy reportedly felt
threatened by actions of the driver and used his weapon to shoot and kill the suspect.
In response to this event, a petition (signed by over 100 concerned people) was
received by the City Council. This petition requests "an impartial City investigation
into the unnecessary death of ... a Poway resident."
ENVIRONMENTAL REVIEW
This report is exempt from CEQA review.
FISCAL IMPACl'
ihere is no fiscal impact.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that this report be received and filed.
ACl'ION
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AUG 1 1995 ITEM 17
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C:TY OF POW_\Y
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James l. Bowersox, City Man~
INITIATED BY: Jim Marmack, Commander, Poway Sheriff's Station
DATE: August I, 1995
SUBJECT: Investigative Procedures for Officer Involved Shootings
BACKGROUND
On June 17, 1995, a Deputy Sheriff assigned to the Poway Station stopped a
suspected drunk driver. During the process of handling the situation, the deputy
reportedly felt threatened by actions of the driver and used his weapon to shoot
and kill the suspect. In response to this event, a petition (signed by over 100
concerned people) was received by the City Council. This petition requests "an
impartial City investigation into the unnecessary death of ... a Poway resident"
and is attached as Exhibit A.
FINDINGS
Wh il e the City of poway is not empowered to conduct an "i ndependent"
investigation into an officer involved shooting, agencies other than the
Sheriff's Department have the responsibility to conduct an independent
investigation. Specifically, when a Deputy Sheriff is involved in a situation
where lethal force is used, the following chain of events occur:
l. The initial crime scene is secured by the responding patrol deputy
sheriffs. The patrol supervisor responds, stabilizes the situation, and
then notifies the station lieutenant and captain. Both the lieutenant
and captain respond to the scene.
2. The actual investigation into the crime scene is conducted by the
Sheriff's Homicide "Officer Involved Shooting Team" in conjunction with
the Sheriff's Crime Lab, This investigation is to gather facts, but not
draw a conclusion. These investigations are usually concluded within 30
days, The officer involved shooting investigation is thorough and is
conducted using the same criteria as a homicide investigation. This
includes interviewing witnesses, analyzing evidence and, in some
situations, staging a crime scene reenactment.
3. Upon completion of the investigation, the case is reviewed by the
Sheriff's command staff for completeness.
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Agenda Report
August 1, 1995
Page 2
4. The case is then forwarded to the District Attorney's Special
Operations Division. The District Attorney will review the case for
criminal intent. The District Attorney can conduct a complete
independent investigation of the incident, conduct a complete review
of the Sheriff's investigation, or only expand on certain aspects of
the Sheriff's investigation. Either way, the District Attorney does
not issue a statement or opinion until he feels he has a complete and
thorough case with all the facts available to him. Upon conclusion,
his options are many, from issuing a criminal indictment, to
suggesting additional training for law enforcement officers, to
referring the case to the Grand Jury.
5. At the time of the District Attorney's review, the Sheriff's
Department conducts a "Use of Force Review Board,. This committee is
made up of ranking sheriff officials who review the incident for
conformance to internal policy and procedures. This Board reviews all
reports and has the authority to request additional follow-up
investigations. The findings of this Board are forwarded to the
Sheriff for final disposition.
6. At the conclusion of the District Attorney's investigation, a press
release is issued describing the conclusions of their investigation.
7. Officer involved shootings in San Diego County are investigated by two
separate law enforcement agencies, This check and balance system
ensures a thorough and unbiased finding of the incident. Further, if
there are extraordinary circumstances, the District Attorney can
request that an independent investigation be done by the State of
California Attorney General's office,
ENVIRONMENTAL REVIEW
This report is exempt from CEQA review.
FISCAL IMPACT
There is no fiscal impact.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that this report be received and filed.
Attachments: Exhibit A - Petition
3 of 12
_1 1995 '.S:"w1 17
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June 20, 1995 JUl - 5 1995
Mayor and Members of the City Council CITYOFPOWAY
We the undersigned request. an impartial City investigation int~~~~~~E~?s9ffl~~ath of
Mike Allen, a Poway resident, shot and killed by Deputy David Zimmerman of the San Diego
County Sheriff's Department in the parking lot of the poway Jack In The Box on Saturday,
June 17, 1995. We further request that if this investigation finds that it was not
necessary to kill Mike Allen, that City officials press for charges to be brought against
Deputy Zimmerman. We find it extremely hard to believe that this shoottng was justified.
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4 of 12 EXHIBIT A V ITEM 17
i AUG 1 1995
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June 20, 1995
~ayor and Members of the City Council
..~ the undersigned request an impartial City investigation into the unnecessary death of
Mike Allen, a Poway resident, shot and killed by Deputy David Zimmerman of the San Diego
County Sheriff's Department in the parking lot of the Poway Jack In The Box on Saturday,
June 17, 1995. We further request that if this investigation finds that it was not .'
necessary to kill Mike Allen, that City officials ~ress for charges to be brought against
Deputy Zimmerman. We find it extremely hard to be ieve that this shooting was justified.
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5 of 12 AUG 1 1995 ITEM 17
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. June 20, 1~
Mayor and Members of the City Council
We the undersigned request an impartial City investigation into the unnecessary death of
Mike Allen, a Poway resident, shot and killed by Deputy David Zimmerman of the San Diego
County Sheriff's Department in the parking lot of the Poway Jack In The Box on Saturday,
June 17, 1995. We further request that if this investigation finds that it was not
necessary to kill Mike Allen, that City officials press for charges to be brought against
Deputy Zimmerman. We find it extrem y hard to believe that this shooting was justified.
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6 of 12 AUG 1 itEM 17
1995 I
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. - _.
June 20. ] 995
Mayor and Members of the City Council
the undersigned request an impartial City investigation into the unnecessary death of
~ike Allen, a Poway resident, shot and killed by Deputy David Zimmerman of the San Diego
County Sheriff's Department in the parking lot of the Poway Jack In The Box on Saturday,
June ]7, 1995, We further request that if this investigation finds that it was not
necessary to kill Mike Allen, that City officials press for charges to be brought against
Deputy Zimmerma~ We find it extremely hard to ~elieve that this shooting was justified.
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7 of 12 AUG 1 1995 ITEM 17 ;
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. .
June 20, 1995
Mayor and Members of the .City Council
We the undersigned request an impartial City investigation into the unnecessary death of
Mike Allen, a Poway resident, shot and killed by Deputy David Zimmerman of the San Diego
County Sheriff's Department in the parking lot of the Poway Jack In The Box on Saturday,
June 17, 1995. We further request that if this investigation finds that it was not
necessary to kill Hike Allen, that City officials press for charges to be brought against
Deputy Zimmerman, We find it extremely hard to believe that this shooting was justified.
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8 of 12 AUG 1 ITEM 17
1995
I
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June 20, 1995
Mayor and Members of the City Council
the undersigned request an impartial City investigation into the unnecessary death of
r,,~e Allen, a Poway resident, shot and killed by Deputy David Zimmerman of the San Diego
County Sheriff's Department in the parking lot of the poway Jack In The Box on Saturday,
June 17, 1995. We further request that if this investigation finds that it was not
necessary to kill Mike Allen, that City officials press for charges to be brought against
Deputy Zimmerman. We find it extremely hard to believe that this shooting was justified.
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9 of 12 AUG 1 1995 ITEM 17
-- . -- -. --
June 20, 1995
Mayor and Members of the City Council
,
We the undersigned request an impartial City investigation into the unnecessary death of
_ Mike Allen, a Poway resident, shot and killed by Deputy David Zimmerman of the San Diego
County Sheriff's Department in the parking lot of 'the Poway Jack In The Box on Saturday,
June 17, 1995. We further request that if this investigation finds that it was not
necessary to kill Mike Allen, that City officials press for charges to be brought against
Deputy Zimmerman. We find it extremely hard to believe that this shooting was justified.
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10 of 12 AUG 1 1995 ITEM 17 j
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June 20, 1995 - -
Mayor and Members of the City Council h of
S D ,,~
We the undersigned request an impartial City investigation into the '~7-ie&&aFY death of
;e Allen, a Poway resident, shot and killed by Deputy David Zimmenaan of the San Diego
~ounty Sheriff's Department in the parking lot of the Poway Jack In The Box on Saturday,
June 17, 1995. We further request that 'f n._ iA":uti!lltiar\ rln~s that It tJU Rllt ..
ft'C:Il.E58\.1 ll1l.lll Mike All"", L1.dl tll" uFFh.lal. pIUS fer charles tft h.. brougbt a9a..t
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11 of 12 AUG 1 ITEM 17
1995
. . .
. . June 20, 1995
Mayor and Members of the City Council
We the undersigned request an impartial City investigation into t eath of
Mike Allen, a Poway resident, shot and killed by Deputy David Zimme e San Diego
County Sheriff's Department in the parking lot of the Poway Jack In The Box on Saturday,
June 17, 1995.,_~further re!st that if 1h!: E~~:;:g!~;~~~~ ~~ it w;~~~ i'
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12 of 12 AUG 1 1995 ITEM 17