difference in time it takes to investigate a shooting?

[ctrs]

I've noticed that the time it takes for authorities to investigate a self-defense shooting can vary over a wide range. For example, a CHP officer was allowed back on the force just six days after a "suicide-by-cop" incident. On the other hand, I've also heard of investigations taking from several months to over a year. It's not unheard of for an armed citizen to spend several months in jail, even when the shooting is clearly justified. In the former case, it is very strange considering that police-involved shootings generally take longer to investigate because it has to be investigated by the department itself, not just the DA's office. What factors account for this difference in times?

My other question is: if someone claims that a shooting was self-defense, then how to police decide whether to arrest the shooter? Consider the recent Trayvon Martin case, for example. The police did not arrest Zimmerman on the spot because they had reason to believe he acted in self-defense (even though many people disagree). On the other hand, like I just says, people involved in "good" shoots have been put in jail before. Would this be an issue related to probable cause, or does it depend on local laws?

 

[Carl N. Brown]

It's not unheard of for an armed citizen to spend several months in jail, even when the shooting is clearly justified.

Which is why Castle Doctrine and Stand Your Ground laws were passed in the first place: if the preliminary evidence does not contradict self-defense, there is little gained by ruining people who have been forced to defend their lives.

In the Zimmerman case,the initial police listed the offense as Homicide, Negligent Manslaughter, unnecessary killing to prevent unlawful act. Somewhere up the hierarchy it was decided that until further investigation, there was no probable cause it was negligent or unnecessary.

 

[tipoc]

Who is arrested in such cases can be quite arbitrary and not directly related to evidence gathered. A shooter can be taken into custody, not charged and released while an investigation is still underway. They can be arrested at a later date. A case can be considered closed and then re-opened due to new evidence or pressure for a fuller investigation. The incident on the Danzinger Bridge in New Orleans or the Santos and Williams cases in Tampa are examples of that.

We have seen situations where the the police know the shooter and believe his/her account and do not consider them a flight risk. I've seen cases where the dead persons blood was tested for drugs and alcohol and the shooter not. All this relatively arbitrary and calls by the cops.

The time it takes officials to investigate a shooting, any shooting, can vary greatly on any number of factors. A claimed "self defense" shooting is not necessarily different from any other shooting when it comes to an investigation.

 

[alsaqr]

Here in OK the investigation into legitimate self defense shootings is usually short. It usually takes 1-5 days. Our prosecutors are also quick to make decisions.

Shooters in deadly self defense cases are seldom arrested in OK.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782

G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

 

[Kleanbore]

Posted by ctrs: It's not unheard of for an armed citizen to spend several months in jail, even when the shooting is clearly justified.

Would not that indicate that, according to the perspective and judgment of someone, the shooting was not "clearly justified", whether due to the evidence or to the lack thereof, or to the mischaracterization of same?

 

[Neverwinter]

In the Zimmerman case,the initial police listed the offense as Homicide, Negligent Manslaughter, unnecessary killing to prevent unlawful act. Somewhere up the hierarchy it was decided that until further investigation, there was no probable cause it was negligent or unnecessary.

Specifically, it was the decision of the detective heading the investigation to arrest, but was overruled by the prosecutor.
http://abcnews.go.com/US/trayvon-martin-investigator-wanted-charge-george-zimmerman-manslaughter/story?id=16011674

 

[brickeyee]

I've noticed that the time it takes for authorities to investigate a self-defense shooting can vary over a wide range.

Some cases are easier to resolve than others.

Why would you expect them all to take the same time?

 

[9mmepiphany]

For example, a CHP officer was allowed back on the force just six days after a "suicide-by-cop" incident.

This is an Apples and Oranges example.

1. Suicide-by-cop shootings usually don't happen in a vacuum and there are often precursors to the action which are easy to verify.
2. LEO don't have the same options, as non-LE folks, to not talk to investigators.
3. There is seldom a question of why a LEO was on the scene of a shooting

Just as a point of interest, many departments...at least the larger ones...have a mandatory 5 admin days off for officers involved in use of deadly force incidents

 

[gc70]

Specifically, it was the decision of the detective heading the investigation to arrest, but was overruled by the prosecutor.
http://abcnews.go.com/US/trayvon-mar...ry?id=16011674

The State Attorney has issued a statement that he was not involved in such a decision.