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First Vice President’s Report
How to proceed after discharging your weapon
Every law enforcement officers dreads the day that it happens, and each tour should begin with a silent prayer that it will not occur. But unfortu- nately, 27 percent of Police Officers have fired their weapon at least once in the line of duty, according to a recent poll by the National Police Research Platform.
While discharging your weapon in the line of duty is uncommon, the uninformed general public believes differently. In a 2016 Pew Research Center
survey, 32 percent of those polled believe that Police Officers fire their weapons at least once a year, and 80 percent believe that police officers have discharged their weapon at least once in their career.
What does that mean to Chicago Police Officers who find themselves in a situation where deadly force is the only option? Here are some guidelines about what to do, and not to do, im- mediately after you are placed in the position where you were required to discharge your weapon.
First, make sure that you, your partners and the general public are safe. After you have discharged your weapon, the threat has not diminished until the bad guy and his cohorts are cuffed, no longer in the area and no longer posing a danger.
Wait for assisting units to arrive, call for EMS if needed, con- trol the scene and be aware of your surroundings. The scene is fluid, your adrenaline levels are high, and stress will set in. Re- main calm, stay alert and wait for backup to arrive. Turn the scene over only once your fellow officers have arrived and it is safe to do so.
Next, have a fellow officer call FOP immediately. While this may be your first on-duty discharge, it is not the first for your field representatives, who are on call 24/7. These experienced officers and former detectives know the routine and procedure.
Pursuant to Illinois law, the relationship between the field representative and the member is akin to the attorney-client re- lationship, meaning it is an exclusionary rule of evidence and in- formation cannot be disclosed. The member holds the privilege, meaning only the member can disclose what he has discussed with his or her field representative. The FOP field representatives are your de facto attorneys at this point. They can have a lawyer present if needed and will navigate you through the very stress- ful hours that are to come.
Let your loved ones know that you are fine, but don’t discuss the specifics of the shooting with them or anyone else. You will feel compelled to discuss what has just happened with your partner, assisting units and supervisors — but don’t. Be certain that everyone is safe and give limited information to ensure the continued safety of the scene, but do not go into details or spe- cifics regarding the mechanics of your discharge. Do not text, email or make phone calls. All of these devices are subject to in- spection or subpoena.
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Everything you say can be used against you by COPA or the state, and they will second-guess your actions and attempt to find fault with your decision. Do not give them any more infor- mation than is required pursuant to the general orders and col- lective bargaining agreement. You will be given the opportunity to explain your actions with a field representative, and eventu- ally an attorney. Remember, COPA will speak with all witnesses, including your fellow officers, and will attempt to create a false narrative that your discharge was unjustified. The best advice is to go to a secure private location (like your unmarked tactical car), remain silent and wait for your field representative. The less said, the better.
Watch out for those body-worn cameras. The BWCs are run- ning and capturing everything. We are not afraid of the BWC cameras; we just worry that they do not give a true and honest depiction of what is transpiring.
Recently, an officer involved in a shooting was being treated for his injuries inside the ambulance, when a sergeant entered the ambulance to ask him what had happened. While we believe the sergeant’s actions were not malicious, the officer made state- ments that could be interpreted against his best efforts. Luckily, the field representative was able to clarify and provide a more complete statement later with detectives, and it was not an is- sue.
The general orders state that during an officer-involved shoot- ing or other incident that involves bodily harm to a person, the Department members will disengage the BWC once the scene is secured and upon the arrival of investigative personnel or at the direction of the street deputy. Remember, not all officers on scene will disengage, and you should proceed as though all BWCs are recording.
Later, you will be required to conduct a walkthrough with OCIC. This is not an interview, and it is only limited to assist in the investigation. It is a compelled statement; thus, your state- ments are protected under Garrity.
Your FOP representative will not be present for the walk through, but will be with you when you make your eventual statement to the detectives at the area headquarters. Your weap- on will be recovered, the rounds will be counted and you will be tested for drugs and alcohol. Be patient and relaxed. Rely on your field representative and know your rights, which are located in the General Orders and in our collective bargaining agreement.
What you do and say in those precious moments after the dis- charge could be paramount to the justification of your discharge. You cannot control what is happening around you during this period, but you can control what you do and say. Remain calm, wait for your FOP representative, and you will get through this very trying time. d
PAT MURRAY