Assistant District Attorney Matt Weintraub speaking about heroin in 2014.
Credit: Tom Sofield/NewtownPANow.com
The Pennsylvania District Attorneys Association (PDAA) introduced recommendations this week that laid out a plan that all officer-involved shootings be investigated by an independent agency and that the local prosecutor’s office provide the public with a written report following an investigation.
The recommendations were made part of 16 guidelines outlined by the association’s Best Practices Committee in dealing with processing, investigating and communicating determinations in officer-involved shootings.
The Best Practices Committee will also provide prosecutors with recommendations to ensure all officer-involved shootings are conducted with the utmost independence and objectivity – the first statewide guidelines of its kind.
“Officer-involved shootings are traumatic, complex, and highly publicized events,” said PDAA President and Lebanon County District Attorney David Arnold. “As prosecutors, it is our duty to ensure than any police-related shooting is thoroughly reviewed in a manner that is objective and fair for everyone involved. In making these recommendations, our goals are to help law enforcement use best practices to make good decisions, even under incredibly difficult circumstances, and help the public better understand and have greater confidence in the process.”
The committee, which was chaired by Chester County District Attorney Tom Hogan, reviewed responses to police-involved shootings nationwide and sought the input of community groups, police organizations, and prosecutors in making the 16 recommendations.
“As we reviewed the responses to officer-involved shootings across the United States, we saw wide disparities in responses by prosecutors,” said Hogan. “Pennsylvania’s law enforcement agencies have the skills and ethics to do these investigations, but engaging an independent agency in the investigation removes any questions or negative perceptions that may come from the community. Having clear procedures based on best practices will not only improve investigations, but enhance community relationships.”
The committee has stressed that Pennsylvania’s counties vary and each district attorney will need to customize the recommended guidelines to fit the needs and resources of their specific county.
“Let me start off by saying that I hope that an officer-involved shooting never happens on my watch. But if one does occur, we are prepared,” said Bucks County District Attorney Matt Weintraub. “There are two important principles that we will follow when an officer involved shooting occurs: first, that a law enforcement agency independent from the agency involved in the shooting will conduct the investigation; and, second, that I will decide whether the shooting is justified or whether criminal charges should be filed.”
The report has also indicated that since the seriousness of officer-involved shootings can be extreme, departments are encouraged to use the best available technology when processing the scene, including 3-D mapping, video recordings and evidence review and documentation.
While the guidelines provide best practices for officer-involved shootings, it does not address use-of-force policies for law enforcement.
The committee has ensured it will periodically release other proposed best practices. Last spring, the committee released guidelines regarding eyewitness identification. Other issues currently being reviewed by the committee, according to officials, are body-worn cameras and recorded interviews.
