Utah lacks statewide regulations for investigating officer-involved shooting


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SALT LAKE CITY — It is the hardest decision a police officer can make — pull the trigger and take someone's life. Each time an officer shoots, their actions are scrutinized to make sure they've followed procedure and the law.

However, the KSL Investigative Team discovered there are no statewide standards regulating how those investigations are conducted. At least 14 counties allow departments to investigate the crime scene, even if their own officers were involved in the shooting.

"Maybe I'm off by myself, but there is a perception that there is some bias," said Sim Gill, Salt Lake County District Attorney.

Gill has reviewed at least 30 officer involved shootings since 2010. He ruled all but three justified by law.

"When that authority is used in a way that shakes the fiber of our community, we want to be able to look at the process and we want to be able to say that we can trust the outcomes," he said.

Gill believes that public trust is on the line because of one policy. Police departments in Salt Lake County — and at least 13 others — are allowed to investigate the crime scene even if their own employee was the one who pulled the trigger. He said that practice has raised serious questions in the high-profile case of Danielle Willard, who was shot dead by West Valley police.

"I'm not going to talk about the specifics of the shooting, but one of the things, which is the public record, is the FBI's coming down to do what? They're coming in to address issues of collusion, cover-up, or some sort of issues that may be involved there with the shooting," Gill said. "We're asking an outside agency to sort of give us that collateral clearance. Well, we should have the same independent review from its inception. We shouldn't have to do it when cases become difficult."


When that authority is used in a way that shakes the fiber of our community, we want to be able to look at the process and we want to be able to say that we can trust the outcomes.

–Sim Gill, Salt Lake County District Attorney


Gill wants to create a task force independent of any one department — a team of detectives from every county police agency overseen by the District Attorney. It would take the lead after an officer shoots, controlling the crime scene and criminal investigation. To prevent conflicts of interest, the department employing the officer would take a step back, leading only an administrative review.

"While we like a good corruption story, in this day and age it's very hard to get away with and not likely in most circumstances," said Chris Burbank, Salt Lake City's Chief of Police. "When it does happen, it becomes very glaring."

Burbank's officers have been involved in dozens of shootings. Each time it happens, he said he deploys about 25 employees to canvass the scene, including homicide detectives and crime scene investigators.

He said while "those are Salt Lake City employees — no question about it," he believes there are plenty of other checks and balances in place to maintain the integrity of an investigation, including reviews by groups like the District Attorney's office and civilian review boards.

Burbank says he is not opposed to the creation of an outside task force, but he does have concerns.

"My resources are very vast," he said. "My experience is deep, and so I don't ever want to put my police officers, the process, the good work that they do in jeopardy by an investigator that may not have the same experience as someone does in the police department."

Gill said trust between police departments may be one of the bigger issues the county has to overcome.

"I do have agencies that do not trust other agencies. I know that because we've discussed it, OK? And that's unfortunate," Gill said.

These concerns are nothing new to Jeff Robinson, the Bureau Chief of Investigations for the Utah County Attorney's Office. Fourteen years ago he established a task force in Utah County similar to the one proposed by Gill.

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"If we didn't all get along and work together, this protocol (team) would not work very effectively," he said.

Robinson said every police agency in Utah County contributes at least one detective to the team along with other resources. Smaller departments give a little less; larger departments give a little more.

He said investigations into officer-involved shootings take hundreds of man hours, and many departments don't have those resources. The task force alleviates that burden and eliminates a department's bias in investigating its own, he said.

"You don't have the same kind of loyalties … to an individual officer," he said. "To me, it's totally separate. There is no conflict and it works very effectively."

In a survey of every county in the state, KSL found just two other counties with task forces similar to the one in Utah County: Washington County and Sanpete County. Others, like Davis County, said they have no official task force, but wouldn't allow an employer to investigate a crime scene when one of their own is involved in the shooting.

"There's a built-in conflict of interest when you are investigating yourselves," Robinson said.

Gill said it is that perception that harms "the integrity of an organization."

"If we do not contribute to an objective and transparent process, the conclusions that we draw are not going to be respected. The legitimacy that we want to invoke will not be granted," Gill said. "My challenge is very straightforward. We know what your citizens want. Let's give it to them, because at the end of the day it serves the integrity of our process and it serves the integrity of our officers."

KSL asked other Salt Lake Valley police chiefs how they feel about Gill's proposed task force. Most said they did not want to comment until they had seen a formal proposal.

The creation of a task force is just one area Gill hopes to change when it comes to officer-involved shootings. The other is training.

Email Linda Williams: liwilliams@ksl.com

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