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    CASE SUPPLEMENTAL REPORT PrimcJ: OSlO ! 120 13 07:50

    < onl l l l l l Crei!k Police OCA: 2010119/9lliE !Nl{JRMAIION ULUJW IS C O ~ I F l D E ~ n IAL- FUK u;,r: BY AIJrl!URIZED l'l'RSUNNEL ONLY

    - - - - - - ----------------- - -('use Status: C/,EtJREn Bl ' ARI?E'\T

    Ofll'nsc: !!OAIIC'Wf (ATTEMPTED!Innstigator: !fA RR [,':.,'()N, IV. (1328 7)Supcrvbor: I!ARR!Sr JN. W (I 3}8"'!

    Contact:

    Cas.; Number

    Cast i\1 ng Stntus: rV:I Occurrd: 05!15/2() I 0

    DatdTimc: {)()!{)9/2010 11:33:20, IVctlncsdaySu p

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    CASE SUPPLEMENTAL REPORT Printed: 08/0 l/2() IJ 07:50

    ( 'nt:OIIIII C'rcl'k f'ulice /Jcpari/1/CIIf OCA : 2 ) /t)1/9/9Tl IE INI10RMAilON BELOW IS CONffDENTIAL. fOR USE BY AU! I !ORIZED PFRSONNEL ONlY

    Cnse Status: CLEAR/;"lJ BY ARRF,\'TO f f c n s t ~ : ! H I M ! C / ! l ! ~ t.IJTf,-A!f'TFD;

    Investigator: 1/AR/?IS'ON, IV r/3187!Supervisor: 1/ARR/,\'ON, W t / 3 2 8 ~ !

    Con tad:

    Cast' :\lng Status: NA O r c u r ~ d : 05//5/20/IJ

    Date I Time: ()(liiJY!c'0/0 I I 33. 20, W e d l l c s i l < ~ ) 'Supervisor Hcvicw Datt I Tin11:: UfJ {)

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    CASE SUPPLEMENTAL REPORT Printed: 08/0li20lJ 07:50

    f 'oumut Creek f'olicr Deportmen! OCA: 20/01/9/9'II IE INFORMATION BEI.OW IS CUNI;IDENTIAL- FOIZ USE BY i\1 ITllORllJll PERSONNEL ONLY

    Case Stutus: CU;ARED B)' ARRf:STOffvnsc: HOMICIDE rATTEMPTEDJ

    lnl'cstigator: !-!A !uded firearm was turned over to Crime Scene Technician rvlarv Wilson, as requested. Margate Fire-Rescuetreated me the on scene. Officer Vassi lakis and mysci{' were transported to Northwest Regionn I !'v1edk:n I Center.1 later returned to the crime scene area where my hands were proces:-;cd due to the use or my assigned firearm. I wasth.:n told to return to tlw station tn download any video !'rom my unit viden recording system.I then returned tn Northwest Regional ivlcdical Center ror additional treatment. I returned to the station where medicalforms where turned over to Sgt. iv1arken. No further action taken.

    lnvestlgntol' SignaturePagt: 3

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    COCONUT CREEK POLICE DEPARTMENT.General Order #1 0Use of Deadly ForceEffective Date: January 6, 2010

    PURPOSE: To provide uniform guidelines for the use of deadly force.10.1 DISCUSSIONOfficers must always bear in mind that the use of deadly force will be limited tosituations of strong and compelling need It is not the intent of this policy to precludeofficers frorn using deadly force in any situation where their life. that of a fellow officer.or of another person is in irnminent danger, from the deadly force or threatened deadlyforce by another10.2 DEFINITIONSDeadly Force Force which. under the circumstances used is likely to cause death orgreat bodily harm.Reasonable Belief- Is based upon empincal k n o w l e d ~ J e and p r e v a i l i n ~ l communitystandards that would lead an ordinary illdividual to reach a reZJsonable conclusion thatthe officer's actions were justifiedGreat Bodily Harm -A condition which creates a substantial risk of death, disfigurement.or impairment of the function of any body part or organ10.3 GENERAL ORDERAn officer is authorized to use deadly force, when it is obJectively reasonable. To protect himself or others from an imminent threat of death or great bodily harm. To prevent a crirne where the suspect's actions place person(s) in imminent

    jeopardy of death or great bodily harm. To prevent the disarmmg of an officer. To apprehend a fleeing, felony suspect. whose escape presents a substantial risk of

    death or great bodily harm to othersA fleeing felon should not be presumed to pose an immediate threat to life in theabsence of action that would lead an officer to reasonably believe otherwise, such as apreviously dernonstrated threat or wanton disregard for human l1fe This ~ v v o u l d includea subject who t1as actively used deadly force. or who has threatened deadly force, andappears Willing to carry out the threat of deadly force. and cannot, othe1wise. becaptured before the deadly force is actually usf:d

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    There may be times when an officer's life, or the life of another, is not in immediatedanger, yet the situation is so serious that deadly forct;may be authorized. Suchcircumstances may include when an officer is incapacitated or injured to the point wherehe can no longer defend hlrTtself against a tr1reat of further violence.10.4 RESTRICTIONS OR CONDITIONSShooting at or from a moving vehrcle is prohibited Exception -When an occupant of t11e vehicle is utilizing or threatening deadly forceagainst the officer or another person. and tl1e officer reasonably believes there is noother option but Hle use of deadly force to protect his or another person's life.Under no circumstances will warning shots be fired.Officers will not manually go to Single actron, unless they me justified in the use ofdeadly force. However, single action may be utilized when f i r i n ~ J for accuracy, such aswhen a long-distance shot IS called for.No distinction wtll be made relative to age of the intended target(s) of deadly force,although age, as well as physical capacity, rnay be a factor in determining defense andthreat capabilities. Defense and threat wtll be the only police guidelines for employmgdeadly force.Wl1enever an off1cer's life, or the life of another person, 1s in inm11nent danger from thedeadly force or threatened deadly force from another, off1cers may employ any meansnecessary to protect themselves or others, inclllding those techniques or actions,otherwise, prohibitedAny other o!)ject, although not specifically designed or mtended as a weapon ordefensive tool, but may be in the officer's hands as a result of his official duties orreaciily available, may be used to protect the officer or another person from animnwdiate threat of bodily harmOfficers may use deadly force against an animal for self defense to prevent substantialharrn to themselves or another or when the animal is so badly inJured that t1umanttyrequires its relief from further suffering. A seriously wounded or rnjured animal rnay bedestroyed only upon supervisor approval and after practical means to get immediate aidto the animal have been reasonably exhausted The destruction of vicious animals willbe guided by the same rules set forth for deadly force.10.5 SUMMARYPrior to tile use of a firearm, an officer should exercise every reasonable caution toprotect the safety of bystanders and exhaust all reasonable alternatives This obligationwill not extend to a sacrifice of the officer, because of the posstbility of inJuring innocentpersons.When an officer must use 2.1 weapon, he wtll be supported by the department and willnot be cnticized for his decision, when the standards in this policy have been followed.

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    10.6 REPORTING AND INVESTIGATING

    Any discharge of a firearm or use of force beyond the scope of normal restraint of asuspect will be immediately reported by the officer to his supervisor. The officer whoencounters resistance beyond the normal scope, or who takes an action that results inor is alleged to have resulted in injury or death to another person, or who discharges hrsfirearrn with or without consequence. will subrnit tt1e appropriate reports, e.g., IncidentReport, Response to Resistance Report. Patrol Supervisor will complete a SignificantOccurrence Report. Exception- The discharge of a firearm, pursuant to departmental training, does not

    require a report, if such discharge is without consequence. Required reports will be submitted, if the officer is physically able, by the end of the

    current tour of dL1ty. The Chief of Flolice may grant a reasonable extension, up to 72hours, to allow the officer to consult wiU1 a private attorney for assistnnce incompleting the repori. when great bodily harm or death has occurred

    The following procedure will be used to investigate every incident where force is used inwhich great bodily harm or death occurs, or where a firearm is discharged by a CoconutCreek Police Departrnent officer. whrle on or off duty wrt11in the city limits. Exceptions toinvestigating the discharge of a firearm include trainintL legitimate spor1ing events, ordestroying

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    He will conduct a preliminary field investigation, r;omplete a Supplement Report andSignificant Occurrence Report, then forward the ''i:'epqrts to the Chief of Pollee. If requested, see that the involved off1cer's private attorney is notified.Operations Bureau Commander's Responsibilities: Immediately respond to the scene." Coordinate comrnand of and secure the scene, until the arrival of the person(s)responsible for the investigation. Coordinate ongoing patrol activities. Verify the officer and I:Jatrol Supervisor have fulfilled their responsibilities, as per th1sgeneral order. Noti fy the Chief of Police.Criminal Investigations Division Commander's Responsibilities: Respond to the scene immediately and, upon arrival, will be in overall command ofthe incident He will conduct a thorough investigation of every use of force by a police officer in

    which great bodily harm or death occurs." He may prepare a preliminary Press Release. He will oversee the investigation, which will include the following

    1. Examine the firearrn(s) of all officers present at the time the shots were fired.including secondary flrearm(s) and any firearm(s) in pol1ce vehicles.2. :Secure all ev1dence3. :3ecure the firearm(s) that may have been fired and any other weapon(s)used.4. Secure samples of unspent amrnunition.5. Separate, secure, and interview all on-scene witnesses.6. Coordinate with crime scene personneL7. Secure tapes from the Communications Unit8. Obtain hospital, autopsy, lab, and photographic reports9. Contact the on-duty or on-call Ass1stant State Attorney, as soon as possible10. When appropriate, and before interviewing or requesting written statements

    fron1 involved officer(s), the investigator will adv1se the off1cer of hts nghts in acriminal investigation11, Prepare a detailed report of the investigation and forward it to the Chief ofPollee." The Broward Sheriff's Office Homicide Investigators and/or Crime Scene Unit will be

    used, when directed by the Criminal Investigations Division Commander. If anotheragency is called, all evidence will be preserved for their mvestigators. The Internal Affa1rs investigation will atternpt to uncover the facts that Will indicate

    whether the use of force was consistent with department policy While conducting the investigation, the officer(s) Involved will be afforded all rightsthat apply to administrative hearings" The results of the internal 1nvestigatton Will not be used agamst the officer 1n any

    subsequent criminal proceeding

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    Crime Scene Specialist's Responsibilities: , . Will respond to the scene, when authorized by t h ~ Cr.irninal Investigations Division

    Commander. Will function in accordance with department crime scene procedures and will assistInternal Affairs and criminal investi9atorsIn the case of great bodily harm or death, .the involved officer will be placed onAdministrative leave, without loss of pay or benefits, pending tile results of theinvestigation. At the discretion of the Chief of ~ ' a l i c e , officers on Administrative Leavemay be assigned to administrative duty at any t1me The assignment to Aclmmistra!JveLeave will not be in terpreted to imply or ind1cate tili'll the officer has acted ImproperlyThe Ch1ef of Police, after review of the reports, will make a determination whether U1edischarge or use of force was in accordance Wilh department policy and proceduresUse of force mcidents in which great bodily harn1 or the discharge of a firearm occurs inanother jurisdiction, whether on or off duty, including fresh pursuit and mutual aidincidents, will be investigated in accordance with this policy, except as follows The agency for the other JUriSdiction will be notified by the Patrol Superv isor and willconduct the criminal investigation and scene process1ng The Operations Bureau Con1mander, Cmmnal Investigations Division Commander,Suppori and Administrative Services Bureau Commander. and the Cruef of Policewill be notified, regardless of jurisclictlon. Upon arrival of an officer from the proper Jurisdiction, command of the scene will berelinquishedUse of force against an animal/humane destruction of an anirnal. Whenever an officer uses force for defensive purposes and serious Injury or deathto an anima! occurs, or an officer clischm9es t1is firearm at an animal, regardless ofconsequence, the following will be complied with:

    '\. The officer will immediately notify the on-duty Patrol Supervisor.2 The officer will secure the scene and obtam the identity of any witnesses.J The off1cer will permit the owner to arrange for medical treatment of the anwnalIf it is necessary to move the an1rnal, its location will be marked.4. The officer will complete the appropnate Incident Report.5. The Patrol Supervisor will respond to the scene and investigate the

    circumstances6. The Patrol Supervisor will immediately notify the Patrol Division Commander.7 The Patrol Division Commander, or his designee, will respond to the scene.except in tt1e case of humane destruction of an animal, and review the PatrolSupervisor 's reports. He will report the officer's compliance or non compliance

    with department procedures \o \he Chief of Police. The Chief of Police willmake the final determination as to compliance and rnay refer the incident forfuriher investigation.

    8. The Patrol Supervisor will complete a Significant Occurrence Report.

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