Introduction

The IRON/GARFIELD/BEAVER Critical Incident Task Force Investigative Protocol has been adopted to ensure that investigations of officer-involved incidents, officer use of force causing serious bodily injury and in-custody death occurring in IRON, GARFIELD and BEAVER Counties are conducted professionally, thoroughly, and impartially.

The Protocol does not preclude the law enforcement agency employing an officer alleged to have caused or contributed to an officer-involved incident from conducting an internal administrative investigation.

The Protocol cannot anticipate every possible circumstance that might occur during an investigation. Therefore, Protocol procedures may be adapted by mutual agreement of participating agencies in response to particular situations, keeping in mind the goal of impartial independence.

This Protocol is not intended to increase the civil or criminal liability of member agencies or their employees and it shall not be construed as creating any mandatory obligation to, or on behalf of, third parties.

• INCIDENT: An incident occurs when a law enforcement officer interacts with any person in a way that triggers the Protocol.
• OFFICER-INVOLVED CRITICAL INCIDENT: An incident defined under Utah Code Annotated section 76-2-408 (1953, as amended) that occurs in IRON, GARFIELD or BEAVER County.
• OFFICER-INVOLVED INCIDENT: An incident that occurs when a law enforcement employee is alleged to have engaged in criminal misconduct.
• LAW ENFORCEMENT EMPLOYEE:
  • Full-time, part-time and hourly sworn officers; whether on or off duty at the time of the incident;
  • Full-time, non-sworn employees on duty at the time of the incident;
  • Part-time, non-sworn employees on duty at the time of the incident;
  • Reserve law enforcement officers on duty at the time of the incident; and
  • Temporary law enforcement employees and agency volunteers, whether paid or unpaid, on duty at the time of the incident (including informants working under direct control and supervision of a peace officer)
• SUBJECT: Any person involved in an incident who may be criminally culpable or injured.
• VENUE AGENCY: The agency or agencies, within whose geographical jurisdiction the incident occurs.
• EMPLOYER AGENCY: The agency that employs the involved law enforcement employee. (In many cases the venue agency will also be the employer agency).
• PARTICIPATING AGENCIES: Law enforcement agencies in IRON/GARFIELD/BEAVER Counties to include STATE and FEDERAL partners who participate in this Protocol.
• TASK FORCE MANAGER/COMMANDER: A command level Task Force investigator assigned to manage/supervise a Task Force Investigation.
• TASK FORCE INVESTIGATORS: In so doing, I also accept responsibility for encouraging others in my profession to abide by this Code.
• ADMINISTRATIVE INVESTIGATORS: Those investigators assigned by the employer agency to conduct the administrative investigation of the incident.

Investigative Agencies, Formats, & Responsibilities

• In order to recognize and accommodate the various interests and rules of law that are involved in an Incident, investigations may perform under two separate formats: The Protocol Investigation and the Administrative Investigation.
  • PROTOCOL INVESTIGATION: The Protocol investigation focuses on the conduct of the law enforcement employee and subject. It will be performed concurrently with, but independently from, the administrative investigation. The Task Force Commander for the Protocol investigation shall be from an agency not involved in the incident. Protocol investigators shall not participate in the administrative investigation.
  • ADMINISTRATIVE INVESTIGATION OF LAW ENFORCEMENT EMPLOYEE: Conducted by the employer agency, this investigation addresses policy and procedural issues. While Protocol investigators do not direct their attention to administrative concerns, the results are available for internal use by the employer agency.
  • VENUE DETERMINATION: When an Incident occurs in part, in two or more jurisdictions, each is a venue agency. If a venue agency cannot be determined, the County Attorney (or their representative) will designate one.
• SCENE SECURITY: Each agency is responsible for securing the scene(s) within its jurisdiction until all investigations are complete.
• CRIME SCENE PROCESSING: Protocol investigators are responsible for documenting the scene, collecting, preserving, and analyzing physical evidence for the investigation. Their investigation of the crime scene takes precedence over the administrative investigation.
• EVIDENCE: All evidence collected shall be secured in the venue agency’s evidence storage facility. Prior to final relinquishment of the scene, Protocol investigators should allow administrative investigators to assess the need for further evidence processing.
• NOTIFICATIONS: Once an “Incident” is identified, the venue agency must promptly notify:
  • Critical Incident Task Force Investigation Team Commander
  • The respective County Attorney’s Office
  • The Utah Medical Examiner’s Office Investigator (when a death has occurred)
• PUBLIC SAFETY STATEMENT: The first supervisor on scene should ask involved officer(s) Public Safety Questions immediately following the incident. The questions are limited to the format provided by the County Attorney’s Office. Any further questioning is to be conducted by Protocol or venue agency administrative investigators.
• If a person is transported to the hospital, an officer (preferably from the venue agency) should accompany the person to:
  • Locate, preserve, safeguard, and maintain the custody chain on physical evidence.
  • Obtain a dying declaration, spontaneous statement, contemporaneous statement, or a statement of then-existing or previous mental/physical state.
  • Maintain custody if the person has been arrested.
  • Identify witnesses and medical personnel.
  • Be available for contacts with the injured person’s family, if appropriate.
• LAW ENFORCEMENT EMPLOYEE FIREARM: If an officer still possesses the weapon used in the Incident, the supervising officer may secure it. Firearms should not be removed from their holster unless necessary; if taken, it should be done discreetly. The Protocol investigation team should recover the firearm at the appropriate time.
• In shooting cases, the Protocol Task Force weapons investigator will inspect all firearms discharged during the Incident to ensure proper identification by owner and serial number. The condition of inspected firearms must be documented.
• Collected weapons or instruments must be stored in the venue agency’s evidence storage facility until testing is complete. Their release or handling by administrative investigators requires approval from the County Attorney’s Office.
• Final disposition of weapons/evidence is determined by state law and venue agency policy, with approval from the County Attorney.
• Transporting and Sequestering Involved Officers:
  • Officers present at an officer-involved critical incident (as defined under UCA 76-2-408) will be relieved of their duties promptly, transported to a secure location, and sequestered. A peer officer may accompany the involved officer; however, they should not discuss the incident. This may also apply in other reasonable circumstances.
  • Involved officers must not discuss the case with anyone not involved (except legal representatives).
  • Involved officers may contact their spouses or family to notify them of their wellbeing.

OFFICER & WITNESS INTERVIEWS

• A subject who dies while in custody falls under the Protocol. If the death is anticipated due to a medical condition, it will be considered an attended death, and the Protocol Task Force should not respond per UCA 76-2-408.
• If the death occurs at a correctional facility, police agency building, or holding area, the venue agency has jurisdiction.
• If a death occurs outside a correctional facility, the agency with jurisdiction will act as the venue agency. The employer agency is the one that had custody of the subject; thus, the venue and employer may be the same.
• Custodial Death Scenes: When an Incident occurs in a correctional or holding facility, and other inmates are witnesses, those inmates should be identified and, if possible, separated pending interviews by Protocol investigators.
  • Protocol interviews will be conducted separately and are typically recorded.
  • Interviewees will be considered witnesses or victims unless circumstances dictate otherwise.

AUTOPSY

• At least one member of the Protocol Task Force will attend the autopsy. The Medical Examiner should receive a complete briefing including all relevant information.
• The Protocol investigator is responsible for documenting and collecting physical evidence following the autopsy.
• Although the Medical Examiner determines attendance, it is advisable to allow a professional criminalist retained by representatives of the decedent (if requested) to attend.

REPORT WRITING

• Protocol investigators will decide which investigator is responsible for a particular report. Investigators should not write more than one report on an event, regardless of the number of interviewers. They are responsible for the final report of the Task Force investigation. Before submitting an interview report, the involved employee should review it. All investigators must coordinate with the Task Force Commander to document their participation.
• Prompt completion and distribution of reports is essential. All agencies and investigators should strive for timely completion while ensuring accuracy.
• Administrative Investigation:
  • The employer agency shall control the reports and findings of the administrative investigation.
  • Administrative information regarding the subject should not be shared with Protocol investigators. Other information may be shared with Protocol and criminal investigators only when legally appropriate and after approval by the agency’s legal counsel.
  • Protocol investigators will promptly and periodically brief administrative investigators on the investigation progress. The administrative investigators will have access to briefings, scene(s), physical evidence, reports, and interview statements.

ACCESS TO REPORT & EVIDENCE

• Material/evidence created or collected by, or at the direction of, Protocol investigators will be made available in a timely manner to interested agencies, including administrative investigators. Material provided to administrative investigators should be released from the original case file at the County Attorney’s Office.
• When the Protocol Task Force and/or County Attorney’s Office determines that the physical evidence is no longer needed for criminal law purposes, the employer and venue agencies shall be notified so they can assume responsibility for preservation or disposal per law and policy.
• Any GRAMA requests for Protocol Task Force reports should be referred to and disseminated through the County Attorney’s Office.