Officers not interviewed after last 3 fatal shootings

There have been three investigations of fatal officer-involved shootings in mid-Michigan since December and the investigating agency didn't interview any of the officers, who instead opted to submit written reports.

Along with whether to be interviewed, officers involved in a fatal shooting can decide when to be interviewed, which is often two or more days — two sleep cycles — after the incident.

Exactly how much time elapses before that first interview is determined by the officer and the union that represents him or her, said First Lt. Joseph Thomas of the Michigan State Police.

The differences between a fatal officer-involved shooting and a typical homicide investigation — specifically with when the interview might take place — are there because when an officer kills, it's not automatically clear that a crime has been committed, said David Carter, a professor of criminal justice at Michigan State University.

"What the officers are doing is making the decision of lawful use of force," he said. "... It is not a shooting investigation interview, in the traditional sense. It's a policy compliance interview that might have criminal implications."

Whether to ask an outside agency to investigate is at the discretion of the officer's department, with the MSP as the most common choice. A bill proposed in the state Legislature would require an outside investigation for all officer-related deaths and a public release of the investigation if no charges are filed.

The State Police conducted the investigation of the fatal officer-involved shooting of a teen by an Eaton County Sheriff's sergeant in February. It was a decision the department made soon after the shooting, Eaton County Prosecutor Doug Lloyd said during the press conference earlier this week when he announced he would not seek charges against the sergeant.

During that investigation, the sergeant declined to be interviewed by State Police investigators, Lloyd said. Investigators did have his report on the incident, which he filed in the course of his job. He was able to review his body camera footage before filing his report.

The Lansing Township Police Department officers involved in a fatal shooting in December and the Eaton County Sheriff's deputies involved in a separate fatal shooting in February also submitted reports, but weren't interviewed by MSP investigators.

"More times than not we are able to get an interview with the officer," Thomas said. "And before that, they can consult with an attorney."

Thomas wasn't directly involved in any of the recent officer-involved shooting investigations, but ensures those investigations have the resources they need, he said.

The officers can consult with an attorney and review their report before the interview because they have the same rights as any other citizen who is the subject of a criminal investigation, Thomas said.

The delay in the interview can vary depending on the department and the union, he said, but Thomas said he doesn't believe it hurts the investigation.

Freedom of Information Act requests by the State Journal found some local law enforcement agencies have written procedures for seeking an outside investigation and others don't or declined to release them.

The State Police and the Lansing Police Department released their procedures with some portions redacted. The sheriff's departments in Ingham and Clinton counties and the East Lansing Police Department denied the requests, citing an exception that the release would interfere with law enforcement proceedings. The Eaton County Sheriff's Office said it had no written procedure.

After the criminal investigation of an officer-involved shooting, the department can conduct an internal investigation into whether the officer followed departmental procedures. The officer can be compelled to make a statement at that time, although it can't be used against him or her in court.

The result of an internal investigation can lead to discipline or termination if it is found that the officer didn't follow certain procedures. The internal investigations for the recent officer-involved shootings haven't been completed yet.

There also are citizen reviews of officer-involved shootings in at least one local community, based on records obtained by the State Journal. The Lansing Police Department has a citizen review element in its policy. But recommendations by citizen reviews for punishment or even for officer fault are more lenient than law enforcement decisions of the same situations, Carter said.

Lansing Police have had written guidelines for seeking an outside agency for criminal investigations of officers since 2007, and in 2001 set a policy for handling critical incidents, which include officer-involved shootings.

Lansing Police Chief Mike Yankowski said it's important for the department to have the procedures and follow them because it helps retain and grow the public's trust.

"We want to make sure that our public knows and understands the extent of the issues," he said. "There's rights to all the individuals." And that includes the officer, the victim and the public, he added.

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.