Title
August 2022 Critical Incident Review and Community Representative Debrief
Recommended Action
Committee Recommendation:
Not referred to committee.
City Manager Recommendation:
Receive a briefing regarding the Use of Force Review Board process and the role of the community representative.
Report
Issue:
Whether to receive a briefing regarding the Use of Force Review Board process and the role of the community representative.
Staff Contact:
Shelby Parker, Deputy Chief, Olympia Police Department, 360.753.8147
Presenter(s):
Shelby Parker, Deputy Chief, Olympia Police Department
Elizabeth Drake, Community Representative, OPD Use of Force Review Board
Background and Analysis:
On August 22, 2022, Olympia Police Officers were dispatched to a disorderly subject inside a business on Martin Way E. Officers responded to the scene and located the subject of the 911 calls. A deadly force encounter occurred. Officers immediately provided medical aid. The community member did not survive his injuries.
The Capital Metro Independent Investigative Team (CMIIT) responded to the scene and assumed the investigation. Per state law, policy and procedure, Olympia Police Department members did not participate in the investigation.
Two non-law enforcement Olympia Community Representatives responded to the scene and observed the investigation consistent with the direction put forth in Washington Administrative Code 139-12-030.
Involved officers were placed on administrative leave, per policy. (The officer who used deadly force remained on administrative leave until after administrative review was completed earlier this year.)
The CMIIT completed the investigation in January 2023. The CMIIT forwarded the case to the Clark County Prosecuting Attorney’s Office for review on January 19, 2023.
On December 1, 2023, the Clark County Chief Deputy Prosecutor provided their review of the case to the Thurston County Prosecuting Attorney. The Clark County Deputy Prosecutor concluded that the officers’ actions were, “reasonable, justifiable, and lawful.” The Thurston County Prosecutor informed the Chief of Police that after examining the Clark County Deputy Prosecutor’s legal review, their office would not be pursing criminal charges.
OPD objectively evaluates the use of force by its members to ensure that their authority is used lawfully, appropriately, and is consistent with training and policy. Per OPD Policy, a Use of Force Review Board was convened. The board’s composition is dictated by policy and is comprised of the following members: a lieutenant in the involved member’s chain of command, a training sergeant, a patrol sergeant, an officer selected by the involved officer, a sworn peace officer from an outside law enforcement agency, a department instructor, and a community representative.
The Use of Force Review Board is responsible for reviewing the circumstances surrounding any use of force that results in great bodily harm, death, or an officer’s intentional discharge of a firearm.
The Use of Force Review Board was convened over the course of two days in February 2024. The board received a briefing from The Capital Metro Independent Investigation Team and interviewed the involved OPD officers and witnesses. At the conclusion of the review, the board unanimously concluded the OPD officer’s actions were within department policy and training. Members of the board offered ten recommendations regarding police and procedure, training and equipment.
This briefing will provide an overview of the critical incident that occurred on August 22, 2022, review the Department’s internal review process, present the board member’s recommendations, explain the community representative’s role on the review board, and discuss the community representative’s experience of the internal review process.
Climate Analysis:
This topic is not expected to have an impact on greenhouse gas emissions.
Equity Analysis:
The Use of Force Review Board process is designed to evaluate the officer’s actions to ensure everyone was treated equitably and fairly during the use of force event.
Neighborhood/Community Interests (if known):
The community has an expectation of police transparency and accountability.
Financial Impact:
There is no financial impact related to this briefing.
Options:
1. Receive the report.
2. Do not receive the report.
3. Receive the report at another time.
Attachments:
None