I really don't get how Wilson gets by not filling out an incident report.

[rbrnmw]

Last edited Fri Aug 22, 2014, 06:45 AM - Edit history (1)

I have been a security officer as well as a loss prevention officer. I can't count the number of incident reports I have personally filled out. If someone required anything as little as a band-aid I had to fill out an incident report. I took a class on interviewing and report writing. I was never a cop I went to class with plenty of cops though. I imagine there had to have been a report written on the day of Mike Brown's murder. I called a good friend of mine in South Carolina who is LEO there he says this guy wrote an incident report or the CoP is derelict if he didn't require one. They are lying out their ass if they say there is no incident report involving a discharge of a weapon, and a fatal one at that. This is an ongoing cover-up and a lot of people need to be in handcuffs on the FPD.

[BainsBane]

1. I read that it was because it was immediately transfered to state police

Don't know if that is a legit reason or not, but I read an article to that effect.

[rbrnmw]

3. that's not how it's suppose to work

the LEO on the scene of the incident is suppose to be required to fill out an incident report. How can anyone else report something they weren't personally involved in. That was my understanding in the class I took and my friend confirmed that every report he has ever written was because he was involved in the incident it's a requirement not an option.

[BainsBane]

4. What you say seems logical to me

Last edited Fri Aug 22, 2014, 11:01 AM - Edit history (1)

Here is the article. http://www.nbcnews.com/storyline/michael-brown-shooting/michael-brown-shooting-why-ferguson-police-never-filed-incident-report-n186431

Note, I'm not defending police actions at all. I just happened to have come across this. It gives very little info, just a statement by the prosecutor.

[rbrnmw]

7. this prosecutor seems more like a defense attorney.

[avebury]

26. The clear cut assumption by the

people in Ferguson (and many people outside of Missouri) is that the Prosecutor will tank the case in favor of the shooter. If they think that things have been bad before now, that is nothing compared with how matters will blow up if the shooter is allowed to walk and that is exactly what the prosecutor has a reputation of doing. If were not for the continuous, night after night protests and the Feds coming in, I bet he would have already called in a justifiable shoot.

Claire McCaskill's support of the Prosecutor is really dismaying. If there ends up being any justice, it will only be because the world forced Ferguson to produce it kicking and screaming all the way.

[BainsBane]

37. yes in fact

People in Ferguson have asked for his removal because his father was killed by a black man. . They don't believe he will act fairly.

[Historic NY]

31. Exactly, as report of his actions it would then be turned over to the County Police...

I thinks thats why were seeing all these friends telling use about what his actions were. Lets see if they took a statement from him. Sure sounds like this isn't a professional dept.with standards. An incident report is part of the public record.

[pintobean]

13. State police were never involved in the investigation.

Police in Ferguson, Missouri, did not file an “incident report” on the fatal shooting of 19-year-old Michael Brown because they turned the case over to St. Louis County police almost immediately, the county prosecutor’s office tells NBC News.

The St. Louis County police department presumably did file an incident report, but any such documents will not be made public until a grand jury investigating the officer-involved shooting concludes its investigation, according to officials from the office who briefed NBC News on the case.

Excerpts are from the link you provided in post #4.

[HereSince1628]

14. Like most DUers I'm not familiar with PD procedures, but this makes sense to me...

Wilson is a suspect in a shooting under investigation, while I expect him to make formal statements, I would expect investigators without his and the Ferguson PD's conflicts of interest to establish the incident record and the subsequent investigation.

[HooptieWagon]

33. Any discharge of his gun, or interaction with public...

requires a report. Even if StLC takes the lead in the investigation, Wilson is still required to write up a report.

[arthritisR_US]

2. He didn't because his lawyer probably told

him not to. If he waits till enough witnesses give their statements then he can construct his account to fit what they have said.

Not filling out an incident report after the lethal discharge of his weapon should have been a complete violation of his mandate to the public as a 'peace officer' and resulted in his immediate dismissal from the force, IMO.

[rbrnmw]

5. I would have lost my job if I wrote an incident report

Last edited Fri Aug 22, 2014, 04:45 AM - Edit history (1)

past the date of the incident. I was required to file the report the day of the incident. My friend said that is grounds for immediate discharge in LE too. I just don't get it. That whole Department seems corrupt as hell. They must think everyone is stupid. The only exception would be if incident took place close to midnight. I was told if Wilson went to hospital he would still be required to report the incident as it happened. He wrote a statement of the incident what happened to it is the question? The report is actually referred to in another incident report involving a shoplifting incident. This report had to exist at some point. Where is it?

[ReRe]

19. And that report would have been...

... stamped with a date and time. No?

[rbrnmw]

20. yes that's why I'm not buying the lastest bs to come out of the "police department"

again where my friend works and in all security jobs I ever had it's not an option it's a requirement!!!

[ReRe]

23. Listen...

... everything that is coming out right now, I don't care if it's from GOD's lips, is suspect. And especially if it's coming out of the FPD! Thank you for this OP!

[sunnystarr]

30. Here's the excerpt from the report

filed by the officer who wrote up the strong arm shoplifting and who then also went to the MB shooting scene and in this incident report verified that MB was the same person as in the video. It's laughable to think that no incident report would have even been possible. Here's the massive cover-up with the media complicit and led by the prosecutor and I'm sure he has the direction and/or support from the mayor and governor.

Of course the time to dump this gem is on a Friday morning just before the funeral on Monday. By Tuesday no one will notice this criminal white washing.

[arthritisR_US]

34. Any I'm aware of have a 24 hour maximum time

limit to when an IR has to be turned in and most go above that guideline and mandate that it must be submitted by the end of the shift that it occurred in.

Ferguson's PD sure as hell is rotten from everything they have shown the world so far.

[msongs]

6. he will write it after he comes back from his paid vacation, if he is getting paid while off that is

[951-Riverside]

8. Easy explaination

"I'm a cop, what are you going to do about it? ...Go fuck yourself. Hey!!! GET BACK ON THE SIDEWALK!!!!"

The difference between a security officer and a police officer is accountability. If you put a scratch on a shoplifter you're fired but Fatty McPigshit can come along, damn near kill a shoplifter and never be held accountable.

[rbrnmw]

9. I have seen some shady shit after LEO shows up

[JustAnotherGen]

10. I don't either

We had a police officer in our town shoot himself while cleaning his gun last month - and there was an incident report that day.

That said - I can't imagine this happening in our town - but our police Commisioner is very social justice oriented.

[Kalidurga]

11. DOJ will probably have a lot of questions

and something to say about that. IMO this is not looking good for officer Robo Cop.

[davidn3600]

12. Does the 5th amendment come into play?

Perhaps a lawyer told him to stay quiet.

You have the right to not incriminate yourself.

But other officers should have filled out the report I would think.

[rbrnmw]

21. no it's a job requirement in most departments

I guess Ferguson makes it's own rules I hope the DOJ gets every damn own of them involved in this cover-up

[CBGLuthier]

27. You are correct but try convincing people that cops have constitutional protections

and they will laugh at you. Every cop in this country knows that they should not incriminate themselves in something that may be a crime.

[PoliticAverse]

32. That's a good question, per a Supreme Court decision police officers can't be fired

for invoking their 5th amendment rights in an investigation...

See: https://iupa.org/garrity-rights-reviewed/

[intaglio]

15. With thanks to sunnystar - Somehow there is a report number but no report

Post 37 in the thread named Lawrence O'Donnell Reporting That There Was NO Incident Report Filed By Officer Wilson. Sunnystar points out that the "strongarm robbery" report does reference an incident report.

[pintobean]

17. Other officers responded to the scene

They would have filed reports.

[rbrnmw]

22. it doesn't matter the officer who discharged the weapon should have been required to write it up....

[pintobean]

24. My reply was about intaglio's post.

I doubt Wilson is concerned about being disciplined for failing to file a report. He has bigger problems.

[eridani]

16. Agreed. My former company safety policy required that even paper cuts get written up n/t

[ReRe]

18. K&R

You're right. Full stop. No question, no ifs, ands or buts.

[Lee-Lee]

25. I am sure someone did a report

And took his statement as part of it.

If 20 officers respond to an event only one will write the main report. Others can have statements taken or write their own narrative to be included, but won't be the main report writers.

I don't see where it makes much difference if he wrote it himself or another officer did based on interviewing him, in fact it's probably more objective to have the most senior officer on scene handle the report.

As for why it's not released, in an active investigation the more you release that gets wide publicity the more you risk contaminating witness memory and statements.

[cleduc]

28. From San Jose Police Duty manual:

I haven't been able to access Ferguson/St Louis police links so I looked this up elsewhere

Below are clips from the duty manual of the San Jose Police
https://www.sjpd.org/boi/homicide/ois_faq.html

L 2638 DIRECT USE OF FIREARM:
Revised 06-16-04
An officer may discharge a firearm under any of the following circumstances:
- When discharged in a safe manner at an approved range
- When used for the humane destruction (euthanasia) of a seriously injured animal, or to
dispatch any animal that poses an immediate threat to any person or other animal, and
other dispositions are impractical
- When deadly force is objectively reasonable in self-defense or in defense of another
person's life
- When deadly force is objectively reasonable to effect the capture of, or prevent the
escape or rescue of, a suspect whom the officer has reasonable cause to believe has
committed a felony involving the use or a threat to use deadly force, and whom an
objectively reasonable officer could believe would pose an imminent danger of death or
serious physical injury to other persons if he or she were to escape

L 2641 WHEN FIREARMS WILL NOT BE DISCHARGED:
Revised 04-06-07
Firearms will not be discharged under the following circumstances:
- At misdemeanants who do not pose an imminent danger of death or serious physical
harm to other persons.
- To affect the capture, or prevent the escape or rescue of, a suspect whom the officer
has reasonable cause to believe has committed a felony which did not involve the use
or a threat to use deadly force.

L 2643 REPORTING USE OF FORCE (in firearms section of SJ Duty Manual):
When force is used by an officer in the course and scope of his or her duties as a peace
officer, the officer will document the details of such use in a general offense crime report
and/or a Narrative/Supplemental Report (Form 200-3A-AFR).. Details will include:
- The reason for the police response to a call for service, or police initiated detention or
arrest
- The behavior of the subject which caused the officer to use force
- Type of force used (verbal and physical tools, techniques and/or tactics used)
- Extent of injuries to any person and the post-force care provided
- Other relevant information regarding the circumstances of the use of force

Here's what the Boise Idaho Duty Manual says about reporting the incident:
http://police.cityofboise.org/media/469928/september-2013-bpd-policy-manual-public-copy.pdf

 Complete a supplemental report and include:
o Facts, circumstances, and chain-of-events
o Resistance encountered
o Type, extent, and reasons for the force used
o Disposition of subject(s)
 Review the Administrative Use of Force Report with your supervisor.

1.01.07 Supervisor’s Responsibilities
When force techniques are used, the following guidelines shall apply:
 Monitor involved officer’s use of force activities to ensure compliance with these policies and procedures.
 Consult with a Lieutenant if problems are noted in situations where force is applied.
 when one of the following techniques are used regardless of injury or complaint of injury:
o Hard empty-handed control techniques are used
o Vascular neck restraint is used
o Intermediate weapons are used (baton, specialty impact munitions, conducted energy weapon, OC Aerosol)
o Canine deployment when force is involved
o Any object used as a weapon
 Complete and forward the Administrative Use of Force Review form for each involved subject, unless there is an intentional use of deadly force, when there is injury or complaint of injury.
 Conduct the initial investigation to obtain and document the facts. The supervisor shall:
o Attempt to obtain photographs (digital images) of the subject and any alleged injuries
o Attempt to obtain recorded interviews with subjects and witnesses
o Complete and attach a supplemental narrative
 Attach copies of incident reports to the Administrative Use of Force Review form and download any audio recordings. Send any photographs to the lab for processing or storage.
 Review all collected evidence as part of a regular administrative Use of Force investigation.
 Review completed Administrative Use of Force Review form with involved officer, note the review in the investigation, and forward to Internal Affairs as outlined 12.03.05H Performance Review Document policy.

so it appears with other city police forces that filing a report is standard procedure

Having said that, in the interest of trying to inform and understand the circumstances (not defend the officer per se!!), I wondered about:
- what obligations the officer has to file such a report if he's placed on administrative leave/suspended with pay immediately
- what obligations the officer has if the crime scene is turned over to another police force as the Ferguson Police did, passing it to the St Louis County Police
- what would be the officer's Miranda rights - if I'm his lawyer, I'd be telling him to shut up and say nothing

What has been reported is that Wilson stayed at the crime scene for hours after the shooting before eventually going to the hospital. He made some sort of a statement to police that day. A few days later/next day?, they got another more lengthy statement from him.

If the Ferguson Police did not follow their own procedures, they could have a problem. But the fact that they turned over the crime scene to the St Louis County police so quickly probably covers them for a lot of that because many of their procedures for this crime scene would cease when that got done.

[cleduc]

29. I answered one of the things I wondered about:

from the Boise manual:

L 4707 PLACEMENT ON ADMINISTRATIVE LEAVE:
The officer or officers directly involved in the shooting will be placed on Administrative
Leave after the completion of their reports. Administrative Leave is for an undetermined
period of time and is authorized at the direction of the Chief of Police. The officer placed on
Administrative Leave is responsible for advising the respective bureau command of the
officer's whereabouts in order that contact may be made when necessary.

and this:

L 4706 REPORTS BY DEPARTMENT MEMBERS:
Any member involved in, or performing any function pertaining to, an officer involved
shooting will submit reports detailing such involvement. Reports will be completed and
submitted prior to securing from the tour of duty during which the incident occurred.

[SweetieD]

35. There was a Ferguson Police Report Made #2014-12391 they just haven't released it

Someone made a report. It just hasn't been released and or the police department destroyed it.

When Ferguson PD released all that robbery package last week, within those documents it provides that two incident reports were completed related to the homocide. The St. Louis County completed a homocide report. The Ferguson PD completed a homocide report.

[img][/img]



The question is where is Ferguson PD's report?

[rbrnmw]

36. Yes where is the report referenced?

[SweetieD]

38. Ferguson Police Report #2014-12391 is Referenced within the Store Robbery Report

I posted the image from the Store Robbery Report in the post above. You can see the full store robbery report and all documents released by the Ferguson PD last week at this link -----------> http://i2.cdn.turner.com/cnn/2014/images/08/15/ferguson-police-report.pdf This section is also located on page 8 of the .pdf.

In the last paragraph of the robbery report it states "It is worth mentioning that this incident is related to another incident detailed under Ferguson Police Report #2014-12391 as well as St. Louis County Report #2014-43984. In that incident Brown was fatally wounded involving an officer in this department...."

[librechik]

39. you have to REALLY GET that police are not your friend and corruption is everywhere

we'll never get anywhere with reform until everybody knows that to their bones. Of course by that time it will be too late, probably.
So hurry up!

[jwirr]

40. His lawyer probably told him not to. It is deliberate and now part of the invesigation.

[starroute]

41. There's a long but not very clear legal analysis of such situations online

The link is http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1723&issue_id=22009

This is the paragraph that seems most relevant:

"Accordingly, officers may claim a Fifth Amendment privilege only in the narrow circumstance where they have been required to waive the privilege under duress and there is at least the prospect that the statement obtained under that circumstance would be introduced in a criminal proceeding against them. In addition, the privilege applies only to those statements that could actually be self-incriminating; other nonincriminating but relevant parts of a compelled interview may still be admissible in criminal proceedings against officers. Thus, for instance, there may be a wide range of questions that agencies may ask of officers that are relevant to and useful for the 'what happened' inquiry that would not be self-incriminating in the constitutional sense; thus, agencies may require their officers to answer them."

It seems pretty clear from this that the officer should have been required to submit a "just the facts, ma'am" account of what happened without getting into the question of whether the used of deadly force was justified. There is no blanket Fifth Amendment exception that overrides the need to submit a report of any kind.

[rbrnmw]

42. Thank you

[gvstn]

43. I'm not sure if the abbreviated report has been posted here yet 14-43984

https://twitter.com/aclu_mo/status/502201858098614272/photo/1

http://www.aclu-mo.org/download_file/view_inline/1267/535/

via: http://www.dailykos.com/story/2014/08/22/1323712/-The-missing-Ferguson-PD-Incident-Report-on-the-death-of-Michael-Brown-omg

[Killeroctopus]

44. NBC.com explained why the Ferguson police department didn't file a police report,

by stating that the St. Louis County "probably" did, but the ACLU says the County DID NOT.
What is going on here with the media? They are taking these officials words at face value and not actually questioning the BS they are spewing.