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S.W.A.T. December 2007 - McKeesport Police Department

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FRONTLINE DEBRIEFS<br />

The term “Risk Management” is<br />

synonymous with what the United<br />

States Navy calls “Preventative<br />

Maintenance.” It specifi cally refers to the<br />

concept that it is far better to prevent a<br />

mishap or catastrophic failure than it is<br />

to address one in the immediacy of the<br />

moment when it could have been prevented<br />

in the fi rst place. Enter the domain<br />

of police work.<br />

The most serious event ever facing an<br />

offi cer is not the reports, not the public<br />

contacts, and not the run-of-the-mill<br />

calls for service. The most serious event<br />

is the application of deadly force. This<br />

singular event can, in and of itself, ruin<br />

a department’s reputation, bankrupt a<br />

city, destroy careers and prove to be devastating<br />

in unimaginable ways.<br />

I testify as an expert witness in defense<br />

of offi cers in both Federal and<br />

Superior court throughout the U.S.<br />

When I accept these cases, it entails<br />

far more than a cursory review of the<br />

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B<br />

events that transpired. I have to conduct<br />

the “walk-throughs,” examine the<br />

forensic evidence, read all the redacted<br />

and un-redacted statements of all the<br />

participants, the witnesses and the opposing<br />

so-called “experts” (of which<br />

there are very few real ones). There are<br />

forensic and toxicology reports, depositions,<br />

autopsy reports, evidence reports,<br />

background histories of participants,<br />

crime scene analysis, measurements and<br />

photographs, transcripts of taped interviews<br />

and on and on to review in detail.<br />

I myself must undergo depositions by<br />

the opposition, not to mention the direct<br />

and then the cross and then the redirect<br />

and then the re-cross-examinations<br />

on the witness stand. In Federal cases I<br />

must submit highly detailed written reports<br />

and any briefs necessary in order<br />

to make sense of what occurred during<br />

the shooting. Ultimately, I must relate<br />

the facts of the case to a jury in such a<br />

manner that they get a comprehensive<br />

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overview of what transpired in the fi eld,<br />

and this is always done in a more than<br />

stressful atmosphere.<br />

I am proud to say that, of all the hundreds<br />

of offi cers I have taught through the<br />

years who have been involved in shootings,<br />

not a single one has, to my personal<br />

knowledge, ever been involved in a bad<br />

shooting. (This also means that the offi -<br />

cer has survived the incident, which is<br />

the key element in any shooting). These<br />

are not, by the way, fi ctional shootings or<br />

shootings that “can’t be talked about.”<br />

These are documented shootings that do<br />

in fact exist and they have the requisite<br />

volumes of paperwork and investigative<br />

man-hours and backgrounds to confi rm<br />

their existence.<br />

Deadly force application goes well<br />

beyond the physical application of such<br />

force. It goes to the facts and the circumstances<br />

known to the offi cer at the<br />

time that the shooting occurs. It goes to<br />

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20 S.W.A.T. » DECEMBER <strong>2007</strong> SWATMAG.COM

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