A novel approach to investigate police who use deadly force is underway in Southwest Washington. A team of investigators — and no currently sworn police — are reviewing a recent, fatal police shooting.
On Dec. 4, a Vancouver police officer reportedly shot and killed a man near the loading docks of a Safeway. It’s the first case to be scrutinized by Washington’s Office of Independent Investigation.
Vancouver police, in a statement shortly after the shooting, said the man was armed and police were “making contact” until the situation turned into a fight. According to the Clark County Medical Examiner’s Office, the man killed died from multiple gunshots to the head.
One officer opened fire and two other officers witnessed the shooting. All three officers are on paid leave.
Vancouver officers wear body cameras and department officials have typically released the captured footage within weeks of a police shooting, although they have omitted key details in the past.
Until now, a patchwork of law enforcement officers geographically near a police shooting, but not part of the involved agency, would have led the criminal investigation. That would have been the Southwest Washington Independent Investigation Response Team in this case. Those teams will continue to investigate deadly force cases that the state investigators don’t pick up.
By taking over, the Office of Independent Investigation will give police watchdogs a glimpse into a new approach into reviewing uses of deadly force. Use of deadly force is heavily scrutinized, as are the ensuing investigations.
While some states do have their own agencies that investigate police activity, they are often under the umbrella of an existing agency. Washington officials couldn’t point to any other state with a standalone agency that reports directly to the governor.
“I think it’s worth noting that this is historic both for this agency and also for Washington state,” said Hector Castro, an OII spokesperson. “It would be nice if there was no need for our agency, but these incidents do occur.”
Fifteen investigators have been assigned to the case, Castro said, with at least one investigator arriving at the scene within an hour of the shooting.
A final report won’t be complete for several weeks, Castro noted. They won’t make any recommendations but rather produce a report detailing the shooting and their investigation. They will forward the completed report to the Clark County Prosecuting Attorney’s Office.
In the wake of George Floyd’s murder in Minnesota, lawmakers in 2021 created the office as a firewall from any real or perceived conflicts-of-interest by police. Washington Gov. Jay Inslee appointed Roger Rogoff, a former judge and attorney for Microsoft, to lead it.
The office has had a delayed start to investigating but has been handling logistics in the meantime. Castro said they have a 56-person staff. Twenty-six of those are investigators who have had to undergo training.
Many of the investigators, Castro said, are former law enforcement. Investigators must be at least two years removed from their policing career in order to join the office, according to state statute.
But some have no law enforcement experience at all. Some, he said, have experience in “civil investigation” such as reviewing workplace safety for the state’s Bureau of Labor and Industries.
Those with no law enforcement experience were required to attend basic police academy, run by the Criminal Justice Training Commission, like any sworn officer. Investigators also get additional training on topics like police shootings, death investigations run by medical examiners, and crime scene investigations.
Mike Gennaco, who leads the police consulting firm OIR Group, said it will be interesting to see how the new team performs. He said showing your public independence while also proving your investigatory bona fides can be a tough balance to strike.
“You have to, to the degree you can, make sure that this sense of independence is real as opposed to illusory,” Gennaco said.
On top of that, police shootings are uniquely difficult to investigate, Gennaco said.
“Detectives may be able to do very well in a sexual assault investigation, or even a homicide investigation, but these incidents are so unique and different than your ordinary crime,” Gennaco said. “It takes a certain skillset, training and development of good protocols and policies to be successful.”
