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7. CRIMINAL INVESTIGATION-The lead agency is responsible for oversight of the <br /> criminal investigation as to the circumstances of any officer-involved shooting involving <br /> injury or death,or death as a result of alleged other action(s)of an officer. Any involved <br /> department administrative or civil investigation shall not interfere with or supersede the <br /> criminal investigation. <br /> Once public safety issues have been addressed,the joint criminal investigation team <br /> should be given the opportunity to obtain a voluntary statement from involved officers <br /> and to complete their interviews. The involved member shall be given the opportunity to <br /> make a statement at that time or later,but in any event,within 72 hours barring <br /> extenuating circumstances. Before giving any statement, an involved member shall be <br /> given the opportunity to review their MVR(mobile video recorder)and CAD entries. <br /> The following shall be considered for the involved officer: <br /> a. Supervisors and Office of Professional Standards/IA personnel should not <br /> participate directly in any voluntary interview of officers. This will not prohibit <br /> such personnel from monitoring interviews or indirectly providing topics for <br /> inquiry. <br /> b. If requested, any involved officer will be afforded the opportunity to consult <br /> individually with a representative of their choosing or an attorney prior to <br /> speaking with investigators. However,to maintain the integrity of each involved <br /> officer's individual statement, involved officers shall not consult or meet with a <br /> representative or attorney collectively or in a group prior to being interviewed. <br /> c. If any involved officer is physically,emotionally, or otherwise not in a position to <br /> provide a voluntary statement when interviewed by investigators,the 72-hour <br /> guide/rule applies(NOTE: barring extenuating circumstances). <br /> d. Any voluntary statement provided by an involved officer will be made available <br /> for inclusion in any related investigation, including an administrative <br /> investigation. However, no administratively obtained statement will be provided <br /> to any investigator(s)unless the officer consents(Garrity Rule). <br /> 8. REPORTS BY INVOLVED OFFICERS-If suspect(s)remain outstanding or subject to <br /> prosecution for related offenses, each department shall retain the authority to require <br /> involved officers to provide sufficient information for related criminal reports to facilitate <br /> the apprehension and prosecution of those individuals. Since the purpose of these reports <br /> will be to facilitate criminal prosecution, statements of involved officers should focus on <br /> evidence to establish the elements of criminal activities. <br /> Nothing in this section shall be construed to deprive an involved officer of the right to <br /> consult with legal counsel prior to completing any such criminal report. <br /> Reports related to the prosecution of criminal suspects will be processed according to <br /> normal departmental procedures but should also be included for reference in the <br /> investigation of the officer-involved shooting or death. <br /> Page 5 of 7 <br />