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Deadly Force, Weak Controls
Tuesday, December 21, 1999

Mayor: Policies to be reviewed


Goal is safety for police and citizens

BY PERRY BROTHERS
The Cincinnati Enquirer

        Cincinnati Mayor Charlie Luken said Monday that the city will review the police division's policy on deadly force, the standards for officer discipline and the spotty record of a city agency charged with reviewing po lice shootings.

        “What the city would like to do is work on policies that keep the citizens and the officers safe,” Mr. Luken said.

        The mayor's call for action came a day after The Cincinnati Enquirer published an investigation on the police division's use of deadly force. The report found that while Cincinnati officers are less likely to shoot than their counterparts in other regional cities, problems with training, discipline and policy have put officers and citi zens at risk.

        “The good news is that the incidence of shots fired in Cincinnati is relatively low and that the police department is generally a solid, good department,” the mayor said.

        However, the Enquirer's examination of each shot fired by Cincinnati police since 1994 also found that the city's Office of Municipal Investigations (OMI) — which by law must investigate each time an officer deliberately shoots at someone — failed to do so in nine of 32 cases.

        Mr. Luken said the city was surprised to learn these cases slipped through the cracks.

        “Some things need to change and that is clearly one,” Mr. Luken said. “I would like to see OMI investigate all shots fired, whether it's an inadvertent shot in a locker room or an intentional firing. Even if all that's done is just a report that says, "I looked into it and there's nothing to it.'”

        He said City Manager John Shirey is confident the gaps can be closed administratively, but Mr. Luken said he would support changes in the law if that's what it takes.

        Mr. Shirey said he has launched an immediate investigation into the missing OMI rulings.

        “If they truly did ignore the cases, there isn't any excuse for that,” Mr. Shirey said.

        A recently created citizens panel is also reviewing police and OMI investigations. The seven-member Citizens Police Review Panel started meeting in October and chose to focus first on the March shooting of Michael Carpenter.

        Keith Borders, a Cincinnati attorney and panel chairman, said the additional oversight can bridge the gap between police and the community.

        “Any effective policing organization has to have an outside review or investigator,” Mr. Borders said. “We (the panel) now are in place and have the responsibility of assessing the thoroughness of the investigators. That's never been done before.”

        Mayor Luken also said the police division is reviewing its deadly force policy to make it easier for officers to understand when and under what circumstances they can fire their guns. Experts who reviewed the division's deadly force policy for the Enquirer said it is unclear and outdated.

        However, Police Chief Thomas H. Streicher Jr. said Monday the policy on deadly force is not under review. “I don't plan to review it. It's a very solid policy,” the chief said.

        “I disagree with the assessment that it's confusing. We don't just hand people that policy. There's a tremendous amount of training.”

        The mayor said he wants the city to review the arbitration process that often lessens officer discipline imposed by the city.

        The Enquirer investigation found that since 1994, the division often identified errors but only sporadically issued discipline or ordered further training.

        For example, former Chief Michael Snowden issued a written reprimand — and no training — to an officer who shot and wounded a man, even though an investigation showed the shooting was unjustified because the officer was out of danger when he fired. The penalty was the same as that given to officers who fired accidentally and hit no one.

        But since Chief Streicher took com mand in March, he has ordered discipline for officers involved in two controversial shootings.

        The division is working to standardize discipline, which can vary from district to district. Cincinnati Police Lt. Steven J. Sarver, who is spearheading the revision process, said a new policy won't increase penalties, but it will take the guesswork out of the process.

        The issues of training and discipline become even more critical as an increasing number of veteran officers retire. By the end of 2001, about one-third of Cincinnati police officers are expected to have fewer than three years of experience.

        Ted Schoch, training director for the Cincinnati Police Academy, acknowledges the dangers and opportunities the turnover presents.

        To offset the loss of experienced officers, he said, “We're looking more for problem solvers and critical thinkers.”

        Another challenge, Mr. Schoch said, is to ensure officers fresh from the academy don't slip into out-dated tactics they may see being used on the street.

        “Some of these (veteran) officers have been removed from the training for years,” said Mr. Schoch said. “You've got to go over this stuff continually.”

        Police interviews with the two officers involved in the fatal shooting of Michael Carpenter on March 19 revealed the men were confused or unaware of several procedures.

        During a brainstorming session after the Carpenter shooting, division officials, including Mr. Schoch, decided to craft a handbook on procedures to address specific situations, like traffic stops.

        “My intent is to get as much of this tactical training out to people on the street as we can,” he said.

        Mr. Schoch is also taking the training from the academy to the police stations because, he said, each hour an officer spends in training is an hour he isn't on the street. In September, six-minute videos on the do's and don'ts of traffic stops were sent to each district. The shift supervisor was asked to play the video and follow up with a discussion.

        Also under Mr. Schoch's leadership, the academy has extended recruit training by a week to 23 weeks, beginning with the January 2000 class. The extra time, Mr. Schoch said, will allow for more scenario training and work on interpersonal skills.

Sunday's stories:
Deadly force, weak controls
Shots fired: The cases
A mistaken shot in the dark
Toughest decision takes a split-second
No one knows national figures on police shootings
About this series
Agencies with review power
Experts who reviewed shootings
Monday's stories:
Shooting cars a dangerous tactic
Missed shots



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