IMPD violated policy, failed to review 19 police shootings

The Indianapolis Metropolitan Police Department is supposed to conduct a review every time an officer shoots at somebody.

But IndyStar found that in 19 incidents over two years, including in at least six fatal shootings, that never happened.

Not when a reserve officer fired upon an escaped inmate outside of Perry Meridian Middle School while children were nearby.

Not when an officer opened fire into a moving car — a practice that's now banned by IMPD policy. The shooting killed a man sitting in the passenger seat.

And not even on at least three occasions when IMPD publicly promised it would do so.

No one in IMPD leadership seems to know why these particular 19 shootings were never reviewed. A few others were reviewed at the time.

All of the shootings, which happened in 2015 and 2016, were investigated by criminal detectives when necessary to ensure no crimes were committed, IMPD says.

But the cases lacked a crucial step of oversight: the convening of a firearms review board, comprised of three commanders and two other officers. Policy requires the boards to look through both criminal and internal investigations before delivering a report to the desk of the chief.

IMPD chiefs use that report — and the board members' findings — to determine whether an officer's use of force meets standards set by the department. Falling short of those standards can result in a firing or other discipline.

The reviews, which experts say are commonly used in all police departments, also highlight potential training opportunities for officers who put their lives in danger. They can also lead to necessary policy changes for a department working to reduce how many times officers fire their weapons.

At best, the lack of reviews suggests IMPD missed out on those opportunities to improve.

At worst, it raises questions over whether IMPD officers were not held accountable for policy violations that might have warranted suspension or even termination.

"That's unacceptable. There needs to be a full accounting of why this happened, how this happened, and how you're going to ensure this doesn't happen again," said Marshawn Wolley, a public affairs lecturer at Indiana University-Purdue University Indianapolis who also is involved with the Indianapolis Urban League.

Three police chiefs, past and present, had no answer for why this happened.

Rick Hite, who served as chief through the end of 2015, wondered whether some cases slipped through the cracks during the transition to the next administration.

Troy Riggs, who previously worked as a public safety director, replaced Hite in 2016 and also thought the transition might have been part of the issue. Riggs said he recalled a backlog of shootings and set up a second review board. He said he was aware of at least 10 cases that were reviewed, but could not recall which ones.

Bryan Roach, a longtime IMPD officer who ascended to chief in 2017, said he didn't know why the boards didn't meet for all cases, and couldn't speak on behalf of Hite or Riggs. He assured, however, that all 2017 cases have been reviewed or are scheduled for review.

After at least three of the shootings, IMPD sent out news releases stating that the review boards would meet to "ensure the departmental use of force was reasonable."

But records obtained by IndyStar reveal the boards never bothered to convene after those incidents or several others.

Roach is promising that IMPD will do better. The department, he said, is adding new procedures to review shootings.

Roach also pledged to work through shootings that were never reviewed by the firearms board.

"We're trying to fix maybe some missteps that we had in the past," Roach said. "I think it's our duty to fix it."

Community leaders interviewed by IndyStar shared hopefulness that Roach will address the remaining shootings, but they remained concerned that IMPD as an agency will not improve. The failures feed broader concerns that while IMPD leaders may say the right things publicly, they act differently behind closed doors.

Unless the community can see each step following a shooting, unless this information is shared publicly, they fear police will not be held accountable for how they use lethal force in the line of duty.

"That's why there's such a lack of faith in the system, because the system don't work," said Rev. David W. Greene Sr., president of the Concerned Clergy of Indianapolis.

Related: How an IMPD detective cracked a murder case using 'stunning detective work'

More: How an iPad locator app helped track down a suspect who IMPD says shot at officers

Facebook: Follow public safety reporter Ryan Martin

Full scope of failure unknown

IndyStar discovered the lack of reviews after a series of Indiana Access to Public Records Act requests and questions were sent to IMPD following the June 2017 shooting of Aaron Bailey.

The death of Bailey, an unarmed African-American motorist who fled from police, sparked marches and rallies calling for justice. Roach also held press conferences and meetings to reassure the community of his department's commitment to transparency and strengthening trust.

After a special prosecutor declined to file criminal charges against officers Michal Dinnsen and Carlton Howard, Roach pointed to the firearms review process as the next step of oversight. Even if a killing isn't considered a crime in court, it can run afoul of department policy.

Just days later, citing the review board's findings, Roach said the officers did not comply with policies or training. He recommended their termination to the merit board. Proponents of good policing say that's precisely why such reviews are necessary.

IndyStar submitted its first records request more than six months ago. In November, an attorney representing IMPD declined to release records tied to the review boards, citing a statute that allows law enforcement to conceal investigatory records.

IndyStar then submitted several basic questions to the department: How many firearms review boards have been impaneled since 2010? How many times have boards found a shooting to be out of compliance? How many officers have been disciplined following the findings?

IMPD either can not or will not answer any of those questions.

On Jan. 23, after more questions from IndyStar, Roach acknowledged that several review boards never met under his predecessors.

This week, IMPD began releasing some details connected to shootings since 2014.

But the full scope of IMPD's policy failure is still unknown.

Finding the answer is difficult because of the department's antiquated systems.

Different IMPD divisions maintain shootings records in different ways. Some apparently rely on computer software, with only some details available. Others rely on paper documents scattered through file folders in different offices.

Roach insists IMPD isn't hiding anything. He called it outrageous that he couldn't answer firearms questions immediately.

"The problem we're talking about right here, about our inability quite frankly to have all this information at our fingertips, is the fault of administrators like me," Roach said. "It has nothing to do with the men and women on the police department."

The department also acknowledges it has failed in another regard. IMPD policy requires the department to conduct a "documented annual analysis" of shootings and other uses of force "in an effort to reveal patterns or trends that could indicate training needs, equipment upgrades, and/or policy modifications."

IMPD has not conducted any such analysis in recent years, said Maj. Susan Hill, of IMPD's professional standards division.

More: Who was Aaron Bailey: 'He wanted to right a lot of wrongs that he made'

More: IMPD Chief Bryan Roach 'grateful' for peaceful demonstrations following Aaron Bailey decision

More: IMPD chief: Officers who shot Aaron Bailey should be fired

Fallout could hurt trust in department

Roach said he discovered the lack of reviews a year ago, in January 2017, when he assumed the role as chief.

He considered leaving them alone. He said review boards require a lot of time and work, and it will be challenging to address potential policy violations from years ago.

Then a few weeks ago, he and Assistant Chief Randy Taylor agreed each case should be evaluated.

After every review, Roach said, the department learns something new.

It's not always about the shooting itself; it may be how a call was dispatched, how a supervisor responded or whether an officer was put in unnecessary danger.

He referenced a 2017 shooting where a suspect in a home claimed to have a .45-caliber handgun. On the other side of a wall, in the home's bathroom, waited an officer.

"All (the suspect) had to do is shoot the wall," Roach said. "That's a training issue."

Sometimes, depending on the complexity of the case and the length of an investigation, it may take several months for a review board to convene. Not every shooting in a given year will be reviewed in that same year.

But last year, IMPD reviewed 10 cases from 2015 and 2016, according to newly released documents, and another three from 2014.

In comparison, the department reviewed only five cases in all of 2016.

When asked whether problematic officers may be patrolling the streets, Roach said he couldn't be sure.

"I'm not naive, and the public is not either. And I think the expectation is that the police officers do right all the time. And without doing a complete review ... I can't say that."

The fallout could prove problematic for IMPD, which has been seeking to build more trust across the city.

"The major focus for American policing right now is the level of trust and confidence their communities have in them," said Jim Bueermann, president of the Washington, D.C.-based Police Foundation and a former police chief in California.

"Part of the way you build trust and confidence between human beings, whether it's your friends or your neighbors — or the community and the police department — is that when you say you're going to do something, you actually do it," Bueermann said.

More: Tablets for Indiana inmates might be free, but there's a catch

More: Brownsburg killing started with inside knowledge from ex-health aide, police say

More: Former employee threatened boss with secret letter, claims of damaging pictures

Policy changes under new police chief

Beyond addressing the backlog of firearms reviews, Roach has larger plans for how the police department will respond to police shootings.

For example, Roach said, IMPD will give its internal investigators access to criminal investigative reports in a more timely fashion, speeding up the internal affairs process.

Internal affairs must still wait for the criminal case to close before finishing internal investigations, Roach said. Still, he will have access to information that would lead to necessary changes in policy and practices much faster.

Following the death of Bailey, Roach also added another step to the process. Roach and his command staff are now examining the circumstances of a shooting — including what events led up to the incident — to more quickly identify gaps in training or policy that require immediate attention.

In July, Roach and Mayor Joe Hogsett also announced a plan to enhance firearms review boards by including civilians and expanding their purview to more uses of force, such as a physical altercation or the use of a stun gun.

The change is modeled off of the Las Vegas Metropolitan Police Department, said Sgt. Kendale Adams, an IMPD executive officer who visited the department in November.

Roach said he hopes to adjust the review board this year, but it will require involvement from officers, the police union, City-County Council and other city leaders.

That's welcome news to Greene, the Concerned Clergy president.

Civilians would ensure the review board follows IMPD procedures, Greene said. No shootings would fall through the cracks, away from the public eye.

"All of us are waiting," he said.

More: After police shooting of unarmed man, IMPD to change use-of-force policy

More: Indianapolis will create a witness protection program

Unanswered questions

One of the shootings that escaped review is the killing of Alex Myers, a 23-year-old man who struggled with depression.

Early one April 2015 morning, Myers sat on the front porch of the home he shared with his mother. He held two handguns and a rifle, police said.

Officers were dispatched to the home on a suicide call. It wasn't long until Myers started raising his rifle and police immediately began firing. He was hit by nine bullets. Medics pronounced him dead at the scene.

Another 35 bullets pierced the home as Alex fell.

"Suicide by cop," Chief Hite said at the time.

His mother, Sharon, stood nearby and heard the gunshots ring out. Alex's father, Ron, was out of town for work that night.

"My house was riddled with bullets," Ron Myers said. "My son's body was riddled with bullets. He went to the morgue with handcuffs on."

They still have questions about the circumstances that led to their son's death.

They know the first officer to respond initially went to the wrong house. But then that officer started building a rapport with Alex, Ron Myers said.

They know a negotiator was apparently on the way.

Then more police cars pulled up. And more. All told, Sharon Myers remembers more than 30 officers in her neighborhood that night.

The tension escalated, Ron and Sharon said.

They've been told by a former IMPD commander that a lieutenant then flashed a spotlight onto Alex.

Alex told the lieutenant to turn it off. The lieutenant, the Myers' said, responded by saying he wouldn't be told what to do.

So Alex said he would shoot it out. When he raised his weapon, officers responded with force.

Ron Myers said he understands that police deal with a lot of bad people. Their lives are at risk every day, and they're trained to stay safe in these situations. And he knew what would happen once his son raised the rifle.

But he also knows there are ways to calm down someone who is suicidal. He knows there are non-lethal ways to subdue someone.

He painfully wonders: Couldn't they simply have turned off the spotlight until the negotiator arrived?

Weren't the officers close enough to deploy a stun gun?

Nearly three years later, Ron and Sharon Myers are still asking questions about the night their son died.

Not having answers is painful. Now knowing that the police firearms review board never met to answer those questions only adds to that pain.

Call IndyStar reporter Ryan Martin at (317) 444-6294. Follow him on Facebook and on Twitter: @ryanmartin.