1

Officer-Involved Shootings and Deaths

Colorado Department of Revenue 
Policy Manual 
Policy 305

Officer-Involved Shootings and Deaths

305.1 PURPOSE AND SCOPE

The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of other action of an investigator, or a member of the Colorado Department of Revenue was present, a witness to, or active in the situation, but may not have caused the injury or death.

In other incidents not covered by this policy, the Executive Director or the authorized designee may decide that the investigation will follow the process provided in this policy.

305.2 POLICY

The policy of the Colorado Department of Revenue is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner, in accordance with applicable rules, statutes, and partnership agreements

305.3 TYPES OF INVESTIGATIONS

Officer-involved shootings and deaths may prompt several separate investigations. The investigations may include:

  • A criminal investigation of the suspect's actions.
  • A criminal investigation of the involved officer's actions.
  • An administrative investigation as to policy compliance by involved investigators.
  • A civil investigation to determine potential liability.

305.4 CONTROL OF INVESTIGATIONS

Investigators from surrounding agencies may be assigned to work on the criminal investigation of officer-involved shootings and deaths. This may include at least one investigator from the agency that employs the involved officer.

Jurisdiction is determined by the location of the shooting or death and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths.

305.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS

The investigation of any possible criminal conduct by the suspect is controlled by the agency in whose jurisdiction the suspect's crime occurred.

If multiple crimes have been committed in multiple jurisdictions, identification of the agency that will control the investigation may be reached in the same way as with any other crime. The investigation may be conducted by the agency in control of the criminal investigation of the involved officer, at the discretion of the Executive Director or the authorized designee and with concurrence from the other agency.

305.4.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS

The control of the criminal investigation into the involved investigator's conduct during the incident will be determined by the employing agency's protocol. When an investigator from this agency is involved, the criminal investigation will be managed in accordance with the Criminal Investigation section of this policy.

305.4.3 ADMINISTRATIVE AND CIVIL INVESTIGATION

Regardless of where the incident occurs, the administrative and civil investigation of each involved officer is controlled by the respective employing agency. The administrative investigation(s) of CDOR members will be conducted in accordance with the Colorado Department of Revenue procedure(s) and State Personnel Board Rules.

305.5 INVESTIGATION PROCESS

The following procedures are guidelines used in the investigation of an officer-involved shooting or death.

305.5.1 UNINVOLVED INVESTIGATOR RESPONSIBILITIES

Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved CDOR investigator will be the investigator-in-charge and will assume the responsibilities of a supervisor until properly relieved. This investigator should, as appropriate:

  • (a) Secure the scene and identify and eliminate hazards for all those involved.
  • (b) Take reasonable steps to obtain emergency medical attention for injured individuals.
  • (c) Request additional resources from the Agency or other agencies.
  • (d) Coordinate a perimeter or pursuit of suspects.
  • (e) Check for injured persons and evacuate as needed.
  • (f) Brief the supervisor upon arrival.

305.5.2 SUPERVISOR RESPONSIBILITIES

Upon arrival at the scene, the first uninvolved CDOR supervisor should ensure completion of the duties as outlined above, plus:

  • (a) Attempt to obtain a brief overview of the situation from any uninvolved officers.
    • 1. In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer.
  • (b) If necessary, the supervisor may administratively order any CDOR investigator to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects.
    • (a) Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information.
    • (b) The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. Procedures regarding public safety questions are an addendum to this manual.
  • (c) Provide all available information to the appropriate divisional command, OPS manager, and SBG senior director and the Dispatch Center, if practicable. If feasible, sensitive information should be communicated over secure networks.
  • (d) Take command of and secure the incident scene with additional CDOR members until properly relieved by another supervisor or other assigned personnel or investigator.
  • (e) As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction.
    • 1. Each involved CDOR investigator should be given an administrative order not to discuss the incident with other involved officers or CDOR members pending further direction from a supervisor.
    • 2. When an involved officer's weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other investigators.

305.5.3 SUPERVISORY INVESTIGATOR RESPONSIBILITIES

Upon learning of an officer-involved shooting or death, the Supervisory Investigator shall be responsible for coordinating all aspects of the incident until relieved by the Executive Director or their designee.

All outside inquiries about the incident shall comply with the CDOR policy News Media Requests - EDO-041.

305.5.4 NOTIFICATIONS

The following persons shall be notified as soon as practicable:

  • Executive Director
  • Senior Director of the Specialized Business Group
  • Senior Director of the unit the member/s are assigned to
  • Appointing Authority
  • Local or regional officer-involved critical incident rollout team
  • Outside agency investigators (if appropriate)
  • Office of Professional Standards and Training (OPS) unit supervisor
  • Civil liability response team
  • Psychological/peer support personnel
  • Coroner (if necessary)
  • Involved officer's agency representative (if requested)
  • Public Information Officer/Director of Communications/Director of Communications

305.5.5 INVOLVED OFFICERS

The following shall be considered for the involved officer:

  • (a) Any request for personal legal or labor union representation will be accommodated as appropriate, and HR will be consulted.
    • 1. Involved CDOR investigators shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report.
    • 2. Requests from involved non-CDOR officers should be referred to their employing agency.
  • (b) Discussions with licensed attorneys will be considered privileged as attorney-client communications.
  • (c) Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information.
  • (d) A licensed psychotherapist shall be provided by the Agency to each involved CDOR investigator. A licensed psychotherapist may also be provided to any other affected CDOR members, upon request.
    • 1. Interviews with a licensed psychotherapist will be considered privileged.
    • 2. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report.
    • 3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy).
    • 4. Communications between the involved investigator and a peer support member are addressed in the Wellness Program Policy.

Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it.

Each involved CDOR investigator shall be given reasonable paid administrative leave following an officer-involved shooting or death or appropriate duty reassignment as agreed upon by the involved investigator and the Agency to allow the investigator to receive services and manage the impact of the incident on the investigator and the investigator's family and significant others. It shall be the responsibility of the Supervisory Investigator to make schedule adjustments to accommodate and apply such leave.

Additional resources may be available through HR and the Colorado State Employee Assistance Program (CSEAP).

305.6 CRIMINAL INVESTIGATION

The District Attorney's Office in the judicial district in which the officer-involved shooting or death occurred or the Colorado Bureau of Investigation is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death.

If available, investigative personnel from this agency may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations.

Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer:

  • (a) CDOR supervisors and Office of Professional Standards and Training (OPS) unit personnel should not participate directly in any voluntary interview of CDOR investigators. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry.
  • (b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's statement, involved investigators shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed.
  • (c) If any involved officer is physically, emotionally or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview.
  • (d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively compelled statement will be provided to any criminal investigators unless the officer consents.

305.6.1 REPORTS BY INVOLVED CDOR INVESTIGATORS

In the event that suspects remain outstanding or subject to prosecution for related offenses, this agency shall retain the authority to require involved CDOR investigators to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals.

While the involved CDOR investigator may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved officers as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports.

Nothing in this section shall be construed to deprive an involved CDOR investigator of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death.

305.6.2 WITNESS IDENTIFICATION AND INTERVIEWS

Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available law enforcement personnel for the following:

  • (a) Identification of all persons present at the scene and in the immediate area.
    • 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.
    • 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, attempts to identify the witness prior to his/her departure should be made whenever feasible.
  • (b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Agency. 
    • 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation.
  • (c) Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident.

305.6.3 INVESTIGATIVE PERSONNEL

Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Investigation Section supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Agency investigators will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office.

All related agency reports, except administrative and/or privileged reports, will be forwarded to the appropriate supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate appointing authority.

305.6.4 MULTI-AGENCY INVESTIGATION

Officer-involved shootings that result in injury or death or other uses of force by an investigator that result in death shall be investigated by a multi-agency team. The multi-agency team shall include at least one other police or sheriff’s agency or the Colorado Bureau of Investigation. The Executive Director or the authorized designee shall ensure this protocol is posted on the Colorado Department of Revenue website and is available to the public upon request (CRS § 16-2.5-301).

305.7 ADMINISTRATIVE INVESTIGATION

In addition to all other investigations associated with an officer-involved shooting or death, this agency will conduct an internal administrative investigation of involved CDOR investigators to determine conformance with agency policy. This investigation will be conducted under the supervision of the Office of Professional Standards and Training (OPS) unit and will be considered a confidential investigator personnel file.

Interviews of members shall be subject to agency policies (see the Personnel Complaints Policy) and applicable laws.

  • (a) Any investigator involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the investigator, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency.
  • (b) If any investigator has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved investigator.
    • 1. If a further interview of the investigator is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved investigator shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews.
  • (c) In the event that an involved investigator has elected not to provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information.
    • (a) Although this interview should not be unreasonably delayed, care should be taken to ensure that the investigator's physical and psychological needs have been addressed before commencing the interview.
    • (b) If requested, the investigator shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual investigator's statement, involved investigators shall not consult or meet with a representative collectively or in groups prior to being interviewed. The individual investigators may meet separately with an attorney.
    • (c) Administrative interviews should be recorded by the Office of Professional Standards and Training (OPS) unit investigator. The subject member may also record the interview, in this situation only. For additional information on using recording devices, refer to CDOR Policy Use of Recording Devices -EDO-009.
  • (d) The subject member shall be informed of the nature of the investigation. If a subject member refuses to answer questions, he/she should be given his/her Garrity rights and ordered to provide full, truthful, and candid answers to all questions. The subject member shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally.
  • (e) The Office of Professional Standards and Training (OPS) unit shall compile all relevant information and reports necessary for the Agency to determine compliance with applicable policies.
  • (f) The completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy.
  • (g) Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures.

305.8 CIVIL LIABILITY RESPONSE

A member of this agency may be assigned to work exclusively under the direction of the legal counsel for the Agency to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation.

All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations.

305.9 AUDIO AND VIDEO RECORDINGS

Any officer involved in a shooting or death shall not be permitted to review available Mobile Audio/ Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded statement or completing reports.

Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident will not be permitted to review available MAV, body-worn video, or other video or audio recordings.

Any MAV, body-worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or Attorney General's Office, as appropriate.

305.10 DEBRIEFING

Following an officer-involved shooting or death, the Colorado Department of Revenue should conduct both a Critical Incident Stress Debriefing and a tactical debriefing. See the Wellness Program Policy for guidance on Critical Incident Stress Debriefings.

305.10.1 TACTICAL DEBRIEFING

A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Executive Director should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators.

305.11 MEDIA RELATIONS

Refer to CDOR Policy News Media Requests - EDO-041.

Agency members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation.

305.12 POST-INCIDENT SERVICES FOR FAMILY

The family members and significant others of an investigator who has been involved in a shooting or deadly use of force should be provided, as agency resources reasonably allow (CRS § 16-2.5-403):

  • (a) At least one confidential post-incident meeting with a qualified mental health professional (CRS § 16-2.5-402) in a timely manner following the incident, including through telehealth services.
  • (b) Ongoing confidential mental health services from a qualified mental health professional (CRS § 16-2.5-402) as needed, including through telehealth services.
  • (c) Peer support, including agency peer support or online or telehealth peer support.

305.13 PROTOCOLS FOR RETURN TO DUTY

The Agency shall take steps to facilitate returning agency members back to their duty assignments following their involvement in a shooting or deadly use of force, taking into consideration the Agency's size and resources (CRS § 16-2.5-403).

305.13.1 REINTEGRATION

Taking into account that involved investigators may experience psychological, physical, or emotional reactions, the Agency shall implement a reintegration plan that considers having the investigator:

  • (a) Return to the scene of the incident.
  • (b) Fire the investigator's weapon at the range.
  • (c) Participate in graded re-entry with a companion investigator or peer support investigator of the investigator's choosing.

305.13.2 ONGOING SUPPORTIVE MENTAL HEALTH SERVICES

An investigator who has been involved in a shooting or deadly use of force shall be provided ongoing supportive mental health services, including confidential follow-up by a qualified mental health professional (CRS § 16-2.5-402), either in person or through telehealth services.

305.14 POLICY REVIEW

The Agency shall review this policy biennially and make any necessary updates to reflect current best practices and available resources (CRS § 16-2.5-403).