The following procedures will be used to investigate every incident of firearms discharge by a Department member except for target practice, hunting, ballistics examinations and incidents involving the destroying of an animal.
(A) Involved officer.
(1) Whenever a member discharges his or her firearm either accidentally or officially, he or she shall immediately:
(a) Prepare a written report which the Town Marshal shall submit to the Town Council;
(b) Determine the physical condition of any injured person and render first aid when appropriate;
(c) Request necessary emergency medial aid;
(d) Notify the Town Marshal of the incident and location. The officer will remain at the scene (unless himself or herself injured) until the arrival of the appropriate investigators.
(2) However, if the circumstances are such that the continued presence of the officer at the scene might cause a more hazardous situation to develop (violent crowd), the ranking commanding officer at the scene shall have the discretion to instruct the officer to respond to another, more appropriate location.
(3) The officer will protect his or her weapon for examination and submit the weapon to the appropriate investigator.
(4) The officer shall prepare a detailed report of the incident.
(5) The officer should not discuss the case with anyone except:
(a) Supervisory and internal investigative personnel;
(b) The officer’s privately retained attorney.
(6) The officer shall be available at all reasonable times for internal affairs and other administrative interviews and statements regarding the case and shall remain subject to recall to duty at any reasonable time.
(B) Criminal investigation. A Criminal Investigation Unit, coordinated by the Town Marshal, will conduct a thorough investigation of every shooting by a police officer which results in injury or death. The investigation shall include the following minimum procedural standards:
(1) Proceed to the scene immediately upon notification;
(2) Secure the scene;
(3) Examine the weapon(s) of all officers present at the time shots were fired, including secondary weapon(s) and any weapon(s) in police vehicles;
(4) Seize the weapon(s) which may have been fired;
(5) Seize samples of unspent ammunition;
(6) Separate, secure and interview all on- scene witnesses;
(7) Photograph and diagram scene;
(8) Secure all physical evidence. Have proper medical authorities secure projectiles from the victim’s body;
(9) Secure telecommunications tapes;
(10) Obtain hospital, autopsy, lab and photographic reports;
(11) Before interviewing or requesting written statements of the involved officer(s),the investigator shall advise the officer of his or her rights in a criminal investigation;
(12) The Criminal Investigation Unit shall prepare a detailed report of the investigation and submit same to the Chief and the prosecutor;
(13) All police actions shootings will be given to the County Prosecutor to be given to the Grand Jury to determine if the shooting was justified by state law;
(14) The Criminal Investigation Unit will consist of the County Prosecutor’s Office, County Sheriff’s Department or the Indiana State Police named by the Town Marshal.
(`95 Code, § 23.09(18)) (Ord. 070916, passed 7-15-16)