Attachment_3_ICD_Investigation_Report.docx

CLASSIFICATION OF INVESTIGATION:

Administrative Investigation: (This is what the employee will be notified of. You will also need to address these allegations individually in your summary analysis and findings)

1. In Custody Death A death occurred to a person/s in the custody of a law enforcement/correction program.

ON DUTY STAFF:

Attachment 3 ICD Investigation Report U.S. Department of Interior – Bureau of Indian Affairs Office of Justice Services – Internal Affairs Division

REPORT OF INVESTIGATION Page 1 of 7

U.S. Department of Interior – Bureau of Indian Affairs Office of Justice Services – Internal Affairs Division

REPORT OF INVESTIGATION IN CUSTODY DEATH INVESTIGATION

Case Number:

1.

Distribution:

BIA, OJS-District XX Office

2. Name, Rank Agency:

Address:

Phone:

Email:

Employment History and Training: (This is what training employee has taken. If not applicable, then remove) Career Date of Hire:

Start Date of Current Position:

Basic Training (IPA, CITP, etc.): Graduation Month Day, Year.

Supervisory Training: If not, has the employee applied for it? Status?

Response to Illness, Injury, or Death Training: Yes/No CPR/First Aid/AED Training: Certification Dates IMARS Training: Yes or No Additional Information:

3. Name, Rank Agency:

Address:

Phone:

Email:

Employment History and Training Career Date of Hire:

Start Date of Current Position:

Basic Training (IPA, CITP, etc.): Graduation Month Day, Year.

Supervisory Training: If not, has the employee applied for it? Status?

IMARS Training: Yes or No Additional Information:

DECEDENT/S:

2. Name Date of Death:

Address:

Phone:

Email:

3. Name Date of Death:

Address:

Phone:

Email:

WITNESS/S (Inmates, Officers, Medical Staff, Teachers, Control Room Operators, Dispatch, Police Officers, Maintenance, Volunteers, etc.):

2. Name Address:

3. Name Address:

LOCATION OF INCIDENT/S:

· Facility Address:

· Cell Number, Holding Area or Location of the Incident:

DATE/TIME OF INCIDENT/S:

· Date @ Time

IN CUSTODY DEATH NOTIFICATION SUMMARY:

On DATE, the Bureau of Indian Affairs (BIA), Office of Justice Services (OJS)-Internal Affairs Division (IAD), received notification of an In-Custody Death at

APPLICABLE POLICY/AUTHORITIES: (Material used during your investigation)

BIA, OJS-Directorate of Operations Corrections Handbook 1st Edition

BIA, OJS Corrections employees have the following responsibilities by policy and training to care for inmates:

If Applicable:

DISCOVERY OF ADDITIONAL POLICY/RULE/S VIOLATION/S:

Note any additional policy violations found during the course of the investigation. You will also need to address these allegations individually in your summary analysis.

ADMINISTRATIVE EVIDENCE ANALYSIS AND/OR INVESTIGATIVE ACTIONS: (Analyze evidence separately, Highlight key evidence)

Administrative investigation of this matter was completed by IAD Special Agent (SA) Name. Throughout the course of IAD’s investigation numerous items of material and evidentiary value were reviewed and evaluated by IAD related to the notification of the in-custody death. The following Investigative Actions were taken by IAD:

Summarize Investigative Actions Taken throughout IAD Investigation: (Question and Answer section)

1. How And Why The Deceased Was Brought Into Custody:

a. Obtain and Review of Police Report:

b. Obtain and Review of Use of Force Report/s:

c. Obtain and Review of Dispatch Log Records:

d. Obtain and Review of Audio Recordings (including 911 call, Dash Camera, and/or Body Worn Camera footage:

2. Review of Detention Reports:

a. Obtain and Review of Intake/Booking Forms:

b. Obtain and Review of Medical Clearance (if applicable):

c. Obtain and Review of Inmate Suicide Screening Form:

d. Obtain and Review of Overall Detention Cell Check Logs:

i. Review of Detention Cell Check Logs (Last 24 Hours):

e. Obtain and Review of Inmate’s Property Sheet:

f. Obtain and Review of Inmate’s Booking History Records:

g. Obtain and Review of Inmate’s Criminal History Records:

h. Obtain and Review of Inmate Housing Logs:

i. Obtain and Review of Inmate Medication Logs:

j. Obtain and/or Review Inmate Notes (Item’s in their cell):

k. Obtain and Review On-Duty Staff Roster (Schedule):

l. Obtain an Inmate Roster:

m. Obtain and Review Audio Recordings, Surveillance Footage, and/or Body Worn Camera footage:

3. Obtain and Review the Emergency Medical Response Procedures:

a. Obtain and Review 911 call-Audio:

b. Obtain and Review the EMT Reports:

c. Obtain and Review the Medical/Autopsy Report:

4. Obtain and Review the Cell Check Policy and Procedures:

a. Photograph the location of the death (360 degree photographs):

b. Did the Cell/Location have Lights:

c. Did the Cell/Location have Heat/Air Conditioner:

d. Did the Cell/Location have a two way monitor/intercom:

e. Did the Cell/Location have Windows:

f. Did the Cell/Location have a Bed (Mat, Blankets, Sheets, etc.):

g. Did the Cell/Location have Running Water (Sink, Shower, drinking fountain, etc.):

h. Did the Cell/Location have a working toilet:

i. Did the Cell/Location have Electricity:

j. Did the Cell/Location have a Desk, Chair, etc.):

k. Did the Cell/Location have properly working security door:

5. Obtain and Review Criminal Investigation (Tribal, State, Federal):

6. Conduct witness interviews with Arresting Officer/s:

7. Conduct witness interviews with Supervisory Detention Staff:

8. Conduct witness interviews with Detention Staff:

9. Conduct witness interviews with Inmates:

10. Conduct witness interviews with any other pertinent witnesses:

11. Conduct Subject interviews if misconduct was identified:

12. Obtain and reviewed On-Duty Correction Officer Training Records:

13. Obtain and review Arresting Police Officer Training Records (if applicable):

Specifically document individual Examination of Pertinent Evidence which led you to your investigative findings/Conclusion: (Reports, Logs, additional Memos or Reports, SI, Facility Incident Reports, Audio, Video, employee training and knowledge of policy): Basically the main content of your investigation.

Individualize Interviews with the below Interview notice:

Interview of Correction Officer John Doe: On January 28, 2020, IAD SA Jane Doe conducted an interview with PO John Doe. The interview was audio recorded and transcribed. For detailed information of the interview please refer to the interview transcription attached to this investigative report (Attachment 15 and 16) and/or the audio recording.

OTHER RELEVANT INFORMATION:

Provide any important information regarding the investigation that helped you with the analysis and conclusion.

· Results of a Canvass-

· Inability to obtain evidence-

· Attempts to identify witness(s)-

· Inability to contact known complainants.

· What steps were attempted?

· Inability to contact known witnesses

· What steps were attempted?

ATTACHMENTS:

1. Radio Logs pages 4-7, dated 08/09/2017

2. Photographs

3. Dash Camera Footage (Vehicle ID #)

4. Memorandum of Interview-Police Officer Jane Doe

5. Transcript of Interview-Police Officer John Doe

SUMMARY OF FACTS: (Timeline of Events)

1. Summarize how law enforcement became involved with the deceased prior to their death. Call for service up to the booking (include medical clearance if applicable).

2. Summarize the booking process up to the point the inmate was placed in their cell. (Include medical clearance if applicable).

3. Summarize their overall incarceration.

4. Summarize the last 24 hours the deceased was alive up to their death (Food Service, Cell Checks, Medical, Showers, Visits, Medication Service, judicial process, etc.).

5. Summarize the Correction Officer’s response to the medical emergency/death and their actions.

INVESTIGATION SUMMARY:

The BIA-OJS, IAD, investigation determined an In-Custody Death occurred within the FACILITY NAME on Month, Day, Year involving Inmate NAME. Inmate NAME was pronounced dead while within the custody of the FACILITY NAME. An autopsy was performed which resulted in an opinion by presiding physician NAME that Inmate NAME death is attributed to MEDICAL FINDING. The circumstances and manner surrounding Inmate NAME death have been classified as MEDICAL FINDING (Suicide, Homicide, Natural, etc.) by the presiding physician as well as within the final investigative report completed by the INVESTIGATING AGENCY NAME (FBI, Tribe, State, etc.)

The administrative investigation did not determine based upon a preponderance of evidence that any specific actions of the employee(s) of the FACILITY NAME had a direct impact on, or resulted in, the death of Inmate NAME.

Or

The BIA-OJS, IAD, investigation determined an In-Custody Death occurred within the FACILITY NAME on Month, Day, Year involving Inmate NAME. Inmate NAME was pronounced dead while within the custody of the FACILITY NAME. An autopsy was performed which resulted in an opinion by presiding physician NAME that Inmate NAME death is attributed to MEDICAL FINDING. The circumstances and manner surrounding Inmate NAME death have been classified as MEDICAL FINDING (Suicide, Homicide, Natural, etc.) by the presiding physician as well as within the final investigative report completed by the INVESTIGATING AGENCY NAME (FBI, Tribe, State, etc.)

IAD’s investigation into this matter did determine the following deficiencies and policy violations. The FACILITY NAME Management should work to correct the identified program deficiencies and policy violations regarding the following:

Policy Violations will be identified as normal. (If no employee misconduct was identified, this section can be removed.)

SUBJECT # 1: John Doe (Title) Allegation #1: Criminal Misconduct –Use of Force (Excessive)

Provide your analysis (allegation in comparison to policy), and your conclusions. Did the employee violate the rule(s) cited? If so, how? If not, how did your reach this conclusion? What conclusions do you draw from your investigation?

Tribal Investigations Only: By his/her actions, PO Doe did or did not act within the scope of the BIA, OJS-Law Enforcement Handbook 3rd Edition; Egregious Safety Violation. This section states in part, “Employees shall…”

Allegation #2: Administrative Misconduct - Discourteous or disrespectful conduct toward members of the public, co-workers or supervisors.

Provide your analysis (allegation in comparison to policy), and your conclusions. Did the employee violate the rule(s) cited? If so, how? If not, how did your reach this conclusion? What conclusions do you draw from your investigation?

Tribal Investigations Only: By his/her actions, PO Doe did or did not act within the scope of the BIA, OJS-Law Enforcement Handbook 3rd Edition; Egregious Safety Violation. This section states in part, “Employees shall…” (If multiple employees, identify by name and separate their allegations)

ADDITIONAL INVESTIGATIVE FINDING/S:

If facility deficiencies were identified as contributing factors: Include the supervisor and or COP name and action they took to get the deficiency reported and repaired., use the following:

IAD’s investigation into this matter did determine the following deficiencies and policy violations. The FACILITY NAME Management should work to correct the identified program deficiencies and policy violations regarding the following:

Training Deficiencies: Include the name of the employee and explain in detail.

Policy Deficiencies: Explain in detail.

RECOMMENDED FINDING/S: (Tribal Investigations only-If no misconduct identified, this section can be removed.)

1. Class I – Criminal Misconduct: Use of Force (Excessive)

UNFOUNDED

The allegation was false or not factual

2. Class IV – Administrative Misconduct: Discourteous or disrespectful conduct toward members of the public, co-workers or supervisors.

EXONERATED

The Investigation revealed the acts occurred, but the employee’s actions were justified, lawful or proper.

(If multiple employees, identify by name and separate their allegations)

(FOR BIA/OJS CASES)

This investigative report was forwarded to the BIA/OJS/FOD District XX for an investigative determination (Please specify the BIA/OJS Division and Office)

If no misconduct was identified, use the following:

The BIA, OJS-IAD investigation into the In-Custody Death of INMATE NAME was the result of a MEDICAL FINDING. IAD’s investigation did not reveal by a preponderance of evidence that the actions of a FACILITY NAME employee were a contributing faction nor was there any employee misconduct identified. Therefore, IAD concludes this matter as an In-Custody Death.