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  • Officer Involved Shooting Trials...

    How do Officer involved shootings get cleared? Does the district attorney and his staff investigate the case and then clear the officer? Does a Grand Jury ever play a part?

    Just curious, up where I am from the attorney general sees the case and it never sees the hands of civilians unless the AG wants to try and take it to trial.

  • #2
    Here it's worked up in house then sent to the DA who takes it to the grand jury.

    They decide if it goes anywhere or not.
    “The man in black fled across the desert, and the gunslinger followed."

    "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

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    • #3
      Yeah I think we do the same. So the grand jury aka average joe decides if there is enough evidence? Or the guy who really loves the police or the guy who really hates the police?
      Last edited by EricDel; 03-03-2011, 06:18 PM.

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      • #4
        Here, if ya shoot someone on duty, you're still charged with murder. It's up to grand jury to decide where to go... fortunately they won't give the case to the grand jury until they're "seasoned" and been through a few cases first...
        “The man in black fled across the desert, and the gunslinger followed."

        "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

        Comment


        • #5
          Originally posted by JTShooter View Post
          Here, if ya shoot someone on duty, you're still charged with murder. It's up to grand jury to decide where to go... fortunately they won't give the case to the grand jury until they're "seasoned" and been through a few cases first...
          Oh okay that makes alittle more sense.

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          • #6
            Caveat: This is how things are done in Dallas and Dallas County... can't speak for the rest of the state...
            “The man in black fled across the desert, and the gunslinger followed."

            "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

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            • #7
              JT I heard Dallas County DA has their own team set up to investigate officer involved shootings and the such there.

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              • #8
                In my agency the IA will be internal, the criminal investigation is done by the TX Rangers because they are an independent agency with no ties to the officer or agency, then filed with the DA.

                Everyone has to go through the process as a means of checks and balances. Most OIS are no billed by the Grand Jury.
                "Blessed are the peacemakers, for they will be called Sons of God - Matthew 5:9

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                • #9
                  So in TX an officer is charged with murder and then the Grand Jury decides to send it on or not???? WTF?? Are you sure about that? Im in CA, but geeeesh. Ive been in 3 OIS's and Ive never been charged with murder or attempted murder! Here they do a homicide investigation and in my cases, determined that it is justifiable homicide. Homicide is just the term for killing somone. But Ive never been investigated for, or charged with Murder I can tell you that.

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                  • #10
                    I was surprised to hear it too... perhaps the person who explained it to me was mistaken... but they said we're "charged" and the whole kit 'n kaboodle goes before the grand jury....
                    “The man in black fled across the desert, and the gunslinger followed."

                    "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

                    Comment


                    • #11
                      I wouldn't say you are technically charged, but after our shoot team does the investigation, they present it to the Grand Jury to see if the shooting was justified. Its the same as regular joe shoots someone burglarizing his house, they are justified due to they were in fear for their life or loss of property, but it still has to put in front of a Grand Jury. Either no-billed or true-billed. 99% of the cases are justified obviously because most officers know when to shoot or not.

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                      • #12
                        Originally posted by FlyingPig1 View Post
                        So in TX an officer is charged with murder and then the Grand Jury decides to send it on or not???? WTF?? Are you sure about that? Im in CA, but geeeesh. Ive been in 3 OIS's and Ive never been charged with murder or attempted murder! Here they do a homicide investigation and in my cases, determined that it is justifiable homicide. Homicide is just the term for killing somone. But Ive never been investigated for, or charged with Murder I can tell you that.
                        Thats what I said, a conservative state like Texas does it this way when California and the northeast states have a better system for OIS. Crazy huh?

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                        • #13
                          We are investigated by Texas Rangers and they turn all of the information over to the Grand Jury and they have to clear you. On the No Action Letter on my shooting, the charge says Police Involved Shooting.

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                          • #14
                            I heard that too. If you are charged and no action is found, can they re-file at any time since murder has no statute of limitations? I was always told I would be charged, taken to a judge if the shooting was justified, and acquitted by the judge so no further charges could be brought on the same incident.
                            Pete Malloy, "The only thing black and white about this job is the car."

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                            • #15
                              Originally posted by EricDel View Post
                              Thats what I said, a conservative state like Texas does it this way when California and the northeast states have a better system for OIS. Crazy huh?
                              Thats what I thought! How the heck could TX get it wrong and CA get it right??? I thought I was in an alternate universe where San Francisco and the 9th circuit court was based TX! For a moment everything seemed right with the world!

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