Plan addresses police-shooting investigations

From The Oregonian

Deadly force - A law seeking inquiry fairness prompted Washington County's proposal

Washington County is the first jurisdiction in the metro area to develop a plan for investigating police shootings under a new law passed by the 2007 Oregon Legislature.

Though Multnomah and Clackamas counties aren't far behind, Washington County's plan will be the subject of a public hearing next week in Hillsboro.

The plan was written to satisfy Senate Bill 111, which was passed by the 2007 Legislature at the request of Attorney General Hardy Myers. The bill directs counties to develop plans in hopes of bringing uniformity and fairness to the processes set in motion by a police shooting.

"Really, we already do this in Washington County," said Sgt. David Thompson, Washington County Sheriff's Office spokesman. "Our deadly-force cases are turned over to the Major Crimes Unit, which includes police from all the cities. This way, investigations can be as transparent and impartial as possible."

Lane County was the first to adopt its plan and submit it to the attorney general's office, as required by law.

In recent years, critics have charged that investigations into police use of deadly force have been tainted.

In 2003, critics charged that officers were allowed to confer before they were questioned about the fatal shooting of Kendra James by Portland police. In that case, an officer partially entered a car James was driving, then tried to pull her from the driver's seat as she put the car in gear. Officers then shot James, testifying that they feared for their lives. They were legally cleared of wrongdoing.

In 2004, critics alleged racism when Portland police shot and killed James Jahar Perez after he resisted officers' attempts to remove him from a car for not having a driver's license. Police testified that they saw Perez pull a clenched fist from his pocket and thought he was drawing a gun. A public inquest cleared police of criminal wrongdoing, but a civil lawsuit against police is proceeding in federal court.

In 2006, the fatal shooting of Lukus Glenn, an 18-year-old former Tigard High football star, by Washington County deputies raised more questions. Although an investigation upheld the shooting, Glenn's family has unsuccessfully pressed for an inquest and has threatened to file a lawsuit.

Meanwhile, the attorney general's office launched a study of how deadly-force cases are handled, then wrote the bill that was filed in the 2007 Legislature. Testifying before the Oregon Senate, Myers said more uniformity in post-shooting investigations would help allay fears by the public and ensure fairness to the police and victims.

Washington County's proposed plan calls for:

Requiring training for police in the use of deadly force, including annual seminars.

Providing mental health counseling and support for police involved in shootings.

Requiring at least one police officer from a different agency to investigate the shooting.

Notifying the district attorney's office, which will have discretion over how to proceed.

Requiring investigators to debrief officers and then determine whether police followed the deadly-force policies or whether the policies themselves should be amended.

Meeting annually to evaluate whether the plan needs revisions.