Articles Archive By Bob Gorsky DPD CRITICAL INCIDENTS DROP IN 2004 According to the information provided by the Crimes Against Persons Division, the number of critical incidents involving Dallas police officers dropped in 2004 compared to 2003. In 2004 there were a total of twenty such incidents. Nine were officer-involved shootings, four were deaths in custody, and seven were officer-involved shootings where the suspect was not injured, also referred to as “shoot and miss” incidents. In 2003 there were twenty-seven incidents and in 2001 and 2002 there were twenty-five and thirty incidents, respectively. Although there was almost a 25% drop in the number of critical incidents from 2003 to 2004, there is no available research on whether the decline is related to policy, training or just good luck. I would like to think that the use of alternative measures like the taser might result in a decline in officer-involved shootings in the future years, but at the same time, the criminal element seems more violent and more desperate these days, which may lead to an increase in the number of opportunities for the use of force. Having responded to hundreds of critical incidents in North Texas since Dallas officers first called for the right to counsel in the early 1980’s, I can attest that despite criticism that is levied from time to time by those critical of the police, the investigation of these events by DPD is as thorough as any local law enforcement agency. According to a December 27, 2004 Dallas Morning News/Associated Press story, the numbers in Harris County dropped to twenty-two in 2004, a twenty-five year low. The Houston Police Department had ten shootings in 2002, the fewest since 1979. _______________________________________________________________ DON’T FORGET YOUR RIGHT TO COUNSEL...... Over the past several years, it has become quite common for officers to be contacted by the Public Integrity Unit (PIU) seeking to interview the officer as either a “suspect” or a “witness” officer. The practice of the police department seems to be to refer all complaints to the PIU that allege activity which could be criminal in nature, even when the complainant complains only to the Internal Affairs Division. Occasionally we will hear from an officer who has been called by the PIU for an interview telling the officer that he is only a witness officer. You need to be aware that as a criminal investigative unit, the PIU cannot order you to provide a statement regardless of your status (target or witness) without jeopardizing its criminal investigation. Under the “Garrity” rule, if your department requires you to provide information as a requirement of your job, that statement cannot be used against you in a criminal proceeding. As a result, the PIU does not issue “Garrity” warnings. If it did so, it would effectively be conducting an internal affairs investigation. Even if you are a witness, you might be exposed to criminal prosecution in a variety of ways. You should always consult with an attorney if contacted by the PIU or any other criminal investigative department or agency before you give any kind of a statement or answer any questions. _______________________________________________________________ Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Baskett, Haring, Gilbert & Cates, L.L.P., 2501 Cedar Springs, Suite 750, Dallas, Texas 75201; (214) 965-0090, website: lyongorsky.com or e-mail Bob at: bgorsky@swbell.net. |