Policy Text
HIGHWAY
OFT
OFFICER
POLICE
OFFICER
VVENTURA POLICE
ONARD POLI
POLICE
1234
GREGORY D. TOTTEN
District Attorney
SHERIFF BILL AYUB
Ventura County Sheriff
CHIEF DARIN SCHINDLER
Ventura Police Department
CHIEF SCOTT WHITNEY
Oxnard Police Department
DISTRICT
TORNE
OFFICER
FROLICE
VENTURA COUNTY
OFFICERS
SANTA
LAW ENFORCEMENT
COORDINATING COMMITTEE
SHERIFF BILL AYUB
Ventura County Sheriff's Office
Chair
CHIEF ANDREW SALINAS
Port Hueneme Police Department
CHIEF DAVID LIVINGSTONE
Simi Valley Police Department
INTERIM CHIEF ISH CORDERO
Santa Paula Police Department
CAPTAIN JAMES FROST
California Highway Patrol
March 2020
Operational and Procedural Guidelines for
Officer-Involved Shootings, In-Custody Deaths
and Use-of-Force Incidents
PREAMBLE and ADOPTION
Law Enforcement Officers perform a vital role in protecting the public and enforcing the
laws of the State of California. Situations will occur where peace officers must use force,
including deadly force, in the lawful performance of their duties. When peace officers use
force, the public has a right to expect that a thorough and neutral investigation will be
conducted and all parties held legally accountable for their actions.
In view of this solemn responsibility, the Ventura County Law Enforcement Coordinating
Committee (VCLECC), which includes the Sheriff, District Attorney, municipal police
chiefs, and CHP Commander for Ventura County, does hereby adopt this Operational
Agreement and agree, that District Attorney personnel will immediately respond to the
scene of any officer-involved shooting resulting in death or injury and any in-custody
death which occurs while the subject is in the custody or control of a law enforcement
officer or agency and the use of force by a peace officer may be a proximate cause of
serious injury or death.
PURPOSE
To establish recommended uniform guidelines within Ventura County for the
investigation of officer-involved shootings resulting in death or injury, in-custody deaths,
and, upon request, all other incidents involving the on-duty or off-duty use of force by a
peace officer, as defined by California Penal Code sections 830.1-830.35, which results in
serious injury.
INCIDENTS TO BE INVESTIGATED
This operational agreement shall apply when any of the following incidents occur within
Ventura County:
1) A peace officer, on or off duty, shoots and kills or injures any person during the
course and scope of his/her employment.
2) An individual dies while in the custody or control of a law enforcement officer or
agency and the use of force or actions of a peace officer may be a proximate cause.
3) A peace officer, on or off duty, shoots at or seriously injures any person during the
course and scope of employment, if requested by the agency.
SEPARATION OF CRIMINAL AND ADMINISTRATIVE INVESTIGATIONS
Law enforcement agencies have multiple responsibilities related to the investigation of
officer-involved shootings, uses of force, and in-custody deaths including: (1) whether any
criminal law violation has occurred, (2) whether any participant has incurred or is at risk of
incurring civil liability, (3) whether departmental policies have been followed, and (4)
whether, under the circumstances, appropriate law enforcement tactics were utilized.
It is the role of the District Attorney to investigate such actions of peace officers and
determine whether the peace officer(s) acted lawfully. (Gov. Code, § 26500.)
"Investigation and the gathering of evidence relating to criminal offenses is a responsibility
which is inseparable from the district attorney's prosecutorial function." (Hicks v. Board of
Supervisors (1977) 69 Cal.App.3d 228, 241; see also, Triple A Machine Shop v. State of
California (1989) 213 Cal.App.3d 131, 144-145.)
It shall be the responsibility of the District Attorney to evaluate the actions of peace
officers in accordance with Penal Code section 835a, effective January 1, 2020, as enacted
by A.B. 392. If after a thorough review of the facts and circumstances of the incident, it is
determined that the peace officer's (s') actions constituted a violation of the law, it shall be
the responsibility of the District Attorney to determine what charges should be filed and to
vigorously prosecute those offenses. If no charges are warranted, it shall be the
responsibility of the District Attorney's Office to issue a public report containing its
findings and the reasons therefore.
In addition to the initial criminal review, and pursuant to Penal Code section 835a, it shall
be the responsibility of the involved law enforcement agency to carefully and thoroughly
evaluate whether the peace officer's (s') actions were consistent with agency policies.
The law enforcement agency determine whether or not an administrative inquiry is
warranted, and whether or not potential civil liability exists. It is neither the duty nor
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expectation of the District Attorney's Office to conduct an internal administrative or civil
liability investigation.
During the course of an administrative inquiry, law enforcement agencies are authorized
by law to compel their peace officers to give statements regarding matters that are the
subject of administrative investigations. (Public Safety Officers Procedural Bill of Rights
Act; Gov. Code, § 330