SWAT for Search Warrants --or-- Negligent Homicide 101

[Flyboy]

http://www.washingtonpost.com/wp-dyn/content/article/2006/01/26/AR2006012602136.html

SWAT Tactics at Issue After Fairfax Shooting

By Tom Jackman
Washington Post Staff Writer
Friday, January 27, 2006; Page B01

Salvatore J. Culosi Sr. still can't believe his son, a 37-year-old optometrist, was a suspected sports bookie. He can't believe a heavily armed SWAT team fatally shot his unarmed son, Salvatore J. Culosi Jr., outside his Fair Oaks home Tuesday night.

And Culosi can't believe that the SWAT team's sudden descent on his son, apparently causing one officer to accidentally fire a .45-caliber handgun once into his son's chest, is standard procedure for Fairfax County police conducting a search.

Salvatore J. Culosi Jr., a Fairfax County optometrist suspected of being a sports bookie, was accidentally shot by Fairfax County police, officials say.

"We are outraged that current police protocol would ever allow something like this to happen," Culosi, 63, said last night. "The fact is that there was zero basis whatsoever for the officers involved to have any weapons drawn in this situation."

Culosi added: "Sal was alone and unarmed. He was compliant with police instructions. He made no threatening movements or gestures. There was no risk of harm to anyone. Anyone, that is, except Sal."

A Fairfax police detective had been making sports bets with Culosi for three months, court records show, and on Tuesday night police planned to arrest Culosi and search his townhouse on Cavalier Landing Court. But Fairfax Police Chief David M. Rohrer said a 17-year police veteran with long experience in the tactical unit accidentally fired his gun, killing Culosi.

The officer was not named, and police could not say why his gun went off.

Although police and firearms authorities were divided yesterday on whether SWAT teams are needed for most search warrants, as is Fairfax's practice, they agreed on another point: Officers carrying guns should not aim directly at anyone or have their fingers on the trigger until they are absolutely ready to fire.

"In my opinion, there are no accidental discharges," said John Gnagey, executive director of the National Tactical Officers Association. Gnagey was not familiar with the Fairfax case but said that in general, "Most of what we see in law enforcement are negligent discharges, fingers being on the trigger when they shouldn't be."

Gnagey was in the camp that thought "SWAT teams shouldn't be doing all warrants." But once there, "the weapons are not pointed at anybody."

Fairfax police declined to discuss their tactical unit policies. But police officials acknowledged that the tactical team, using bulletproof vests, high-powered weapons and other police tools, serves nearly all of the warrants after an investigation has found probable cause to seize evidence -- whether it is bloody clothes, weapons or documents.

In Culosi's case, police were looking for records they suspected he kept after undercover Detective David J. Baucom spent three months placing bets with him on NFL games, according to Baucom's affidavit for the search warrant. A document filed yesterday by Baucom indicates that police entered Culosi's townhouse at 10:13 p.m. Tuesday, about 40 minutes after the fatal shooting.

Police found betting slips, currency, "suspected cocaine" and an unspecified amount of "U.S. currency," according to Baucom's "Inventory of Seized Property." Sources close to the investigation said that police found $38,000 cash in Culosi's home and that the suspected cocaine was a small amount.

Though most Fairfax officers are issued 9mm handguns, tactical unit officers sometimes are issued more powerful weapons. Police confirmed yesterday that Culosi, who graduated from Bishop O'Connell High School and the University of Virginia, was shot with a .45-caliber pistol made by Heckler & Koch, a larger weapon that authorities said would not have a trigger that could be easily tripped.

"It's a very safe gun," said David Yates, a local firearms trainer and range safety officer. "Very high quality. Not a hair trigger. Very reliable. Very accurate."

Salvatore J. Culosi Jr., a Fairfax County optometrist suspected of being a sports bookie, was accidentally shot by Fairfax County police, officials say.

Yates said there were two possible reasons why Culosi was shot: "Ignorance and carelessness." And because police said the officer was highly trained, he couldn't have been ignorant of gun-safety procedures, Yates said.

"We're looking at this with the benefit of hindsight," Yates said. "But it's not an accident."

Stuart A. Meyers, head of OpTac International, which trains police and counterterrorism tactical squads worldwide, said threat assessments should be done before search warrants are served. But because SWAT officers are better trained and equipped, Meyers said, "SWAT teams should serve, in our opinion, almost all search warrants with the exception of document searches and low-level search warrants."

Gnagey said tactical teams should be used only when police have reason to suspect danger. But some noted that sports bookmakers often deal in cash and might be expected to carry a gun to defend themselves against criminals, if not police.

Meyers and others said SWAT officers should have their guns drawn and ready, "but your finger shouldn't be on the trigger unless you're preparing to shoot someone."

Culosi's father said Fairfax police protocol of serving warrants with weapons drawn "should scare and frighten everyone. Such protocol needs to be immediately changed, or an accident like this will happen again."

I'm not going to bash police in general. I am going to bash the idjit who believes that a tactical entry team is necessary to execute a search warrant on a suspected bookie (But police officials acknowledged that the tactical team, using bulletproof vests, high-powered weapons and other police tools, serves nearly all of the warrants after an investigation has found probable cause to seize evidence -- whether it is bloody clothes, weapons or documents.). And I am going to bash the screwup who had a negligent discharge and killed an unarmed man with no provocation. I think that a charge of negligence is appropriate here, and I appear to be in good company ("In my opinion, there are no accidental discharges," said John Gnagey, executive director of the National Tactical Officers Association. Gnagey was not familiar with the Fairfax case but said that in general, "Most of what we see in law enforcement are negligent discharges, fingers being on the trigger when they shouldn't be.").

If one of us poor private citizens had killed this man, we'd already be in jail. Ditto if we'd killed a man on the steps of his apartment, holding a wallet (yes, you and I both know that it is very difficult to tell under the stress of the moment--nonetheless, a private citizen would be in jail).


So. Somebody want to explain to me why this warrant justified a SWAT team?

 

[mcooper]

Um....I know why the gun went off. The swat member pulled the trigger, be is accidently or on purpose, he committed the action. I also find it interesting, are police not trained in the Four rules of gun safety? Or are they special and not required to follow them? I see a direct violation of rule #2.

It sounds like a homocide to me.

 

[ElTacoGrande]

Though most Fairfax officers are issued 9mm handguns, tactical unit officers sometimes are issued more powerful weapons. Police confirmed yesterday that Culosi, who graduated from Bishop O'Connell High School and the University of Virginia, was shot with a .45-caliber pistol made by Heckler & Koch, a larger weapon that authorities said would not have a trigger that could be easily tripped.

"It's a very safe gun," said David Yates, a local firearms trainer and range safety officer. "Very high quality. Not a hair trigger. Very reliable. Very accurate."

As we all know, the only way a gun like an H&K, with all its internal safeties, etc, could go off is if some force is applied to the trigger, ie, the trigger is pulled. If it's out of its holster the only force that could realisticly pull the trigger would be a negligent shooter's finger. The officer decided to put his finger on the trigger, and he is therefore responsible for the shot. The question is, was there ANY aspect of the suspect's behavior that justified the shot? The story doesn't tell us enough to know.

 

[Molon Labe]

are police not trained in the Four rules of gun safety? Or are they special and not required to follow them?

Many friends have shot on our property, including current and ex LEOs. The ones I worry about most are the LEOs. They do not seem to understand the concept of muzzle control.

 

[beerslurpy]

What the hell is SWAT doing anywhere near normal police work? SWAT is for barricade and hostage situations where ordinary police cannot resolve things.

SWAT should not be performing arrests, nor should they be performing search warrants. Paramilitary units should never be operating in civil society. It is a step in a very evil direction.

A highly trained officer violating basic gun safety and causing a serious tort (death!) is practically off the calculus of negligence chart. Personal injury lawyers pray for this sort of case every night before they go to sleep. Pray to satan, but pray nonetheless. I keed, I keed. He will probably face criminal and career problems as well.

Defective booger hooks are quite the liability.

 

[roo_ster]

Usual Disclaimer: We don't have all the facts, only those reported by some witnesses not muzzled by the police and those facts the police chooses to release.

That said, having SWAT serve all warrants is asinine. Somebody has a a serious lack of good judgement in that department and they are in a position to make policy. For that bit of policy alone, careers need to be ended, their reputations trashed, and they ought to be treated with scorn from all.

Yep, if one of us lowly citizens had killed someone in similar (reported) circumstances, you can be that we would not be free without charge.

 

[Pilgrim]

It sounds like a homocide to me.

Of course it is. Whether it is negligent homicide or excusable homicide is another matter. Homicide by itself is not automatically criminal.

Pilgrim

 

[GruntII]

What the hell is SWAT doing anywhere near normal police work? SWAT is for barricade and hostage situations where ordinary police cannot resolve things.

SWAT should not be performing arrests, nor should they be performing search warrants. Paramilitary units should never be operating in civil society. It is a step in a very evil direction.

A highly trained officer violating basic gun safety and causing a serious tort (death!) is practically off the calculus of negligence chart. Personal injury lawyers pray for this sort of case every night before they go to sleep. Pray to satan, but pray nonetheless. I keed, I keed. He will probably face criminal and career problems as well.

Defective booger hooks are quite the liability.

To justify full time swat and sometimes even part time swat they have been intergrated into the job of "high" risk warrant executions. I knew My Profession was in trouble when I saw the guy testify in congress during the Waco hearings that the day of 2 detectives in suits and a couple uniform cars knocking on a door to execute a warrant was over. There are times when you need a swat team to execute warrants, heavily armed robbers with a history of violence, narcotics dealers, and such, then there are the hostage and barricaded subject calls. I do believe that each state should have the responsiblity for forming and training under either FBI HRU instruction or CAG instruction a full time counter terro force with full intell and direct action training.This would be the only ct force in the state and they would be totally apolitical but still subject to local review and control. That way every tom, dick, and harry in every level of LE doesn't try and have a piece of the pie.

 

[TexasRifleman]

Sounds like someone else was betting with this bookie and didn't want to get caught. Oops, he got shot, too bad he cant talk now.

I thought that stuff only happened on The Shield. It's as plausible as any other reason.

Scary stuff....

 

[telomerase]

I know I feel better knowing that the thick blue line stands ready to shoot to prevent sports betting (or at least sports betting by those who don't know about the Internet).

On the bright side, aliens intercepting this news report will probably delay firing their nova bombs into our sun. They won't be able to resist finding out what we'll do next.

 

[Standing Wolf]

...police could not say why his gun went off.

If they're too dumb to figure out the obvious, why aren't they in garbage collection or hamburger flipping?

 

[glockamolee]

Perhaps it was an assasination of the gambler, ordered by the loan shark/mob person, carried out via the police with the "ADchg."

You can't tell me that Cops don't gamble. You can't tell me that Cops (small minority) don't do "favors" for the Mob.

 

[Strings]

>police could not say why his gun went off.<

Umm, gee... cause he pulled the trigger? Hello! Mc Fly!!!

>Sounds like someone else was betting with this bookie and didn't want to get caught. Oops, he got shot, too bad he cant talk now.<

After the description of the H&K as "very safe", I kinda had the same feeling. If (big word) the officer was in DA mode, it would be a HECK of an "accident" to pull unintentionally. Especially since, from the sounds of things, they had him in custody (if so, why still have a gun on him?)...

Maybe I'm reading too much into this: DEFINATELY need more info!

 

[Art Eatman]

I don't think it's necessary to go too far out in wondering why the trigger got pulled. Okay?

But count me in as another that's against what appears to be an overuse of SWAT folks in wht ought to be "everyday" arrests.

The city's SWAT policy seems to stem from a fear of any armed citizen. Given the penalties for shooting at police vs. merely being a bookie, I'm dubious that the guy would have "gone down with guns blazing" as too many politicos would have us believe.

Art

 

[benEzra]

SWAT is for barricade and hostage situations where ordinary police cannot resolve things.

Agree.

S.W.A.T. stands for Special Weapons And Tactics. Using SWAT for routine enforcement of search warrants is HUGE mission creep.

 

[El Tejon]

Art, if all you have is a hammer, everything looks like a nail. It's all about the money.

In order for SWAT to be a budget line from the police build up on the '90s, it must be used. Will see this happen in more and more communities, especially smaller departments which must fight hard for budgets.

 

[HankB]

Based solely on the story as reprinted above, the officer who fired the fatal shot ought to be sitting in a jail cell right now facing charges of - at a minimum - negligent homicide.

That he's apparently not . . .

 

[beerslurpy]

I think qualified immunity is a legal theory that judges embrace far too often. Of course, this isnt helped by the fact that police will engage in a familar set of CYA routines after the fact, and often they will be the only ones alive to testify about those facts. And lets think, will the prosecutor endanger his relationship with police by pursuing every possible act of police misconduct?

The prosecution/LEO system embodies many of the same problems that the mythical golem does. It is created for the purpose of protecting and serving the public, but it quickly acquires its own set of priorities, eventually reintroducing the evils that you created it to protect you from. As the police get larger and more militarized and the public gets more timid and disarmed, things are only going to get worse.

We can thank the War on Drugs for much of this. Take away the federal funding for anti-drug activity and the use of property confiscation as a tool and police will immediately get back to their core responsibility of catching violent felons.

Want to bet this man's family will ever see the 38,000 dollars they confiscated after murdering him?

 

[johnster999]

The condition is known as "trigger happy", I think.

999

 

[CAS700850]

I guess I just work in a really strage place. SWAT around here serves only high risk warrants, those being warrants where the subject has a history of violent/weapons offenses, drug trafficking warrants, and meth lab warrants (teh SWAT team has several members who are trained in chemical hazards, wear the SCBA, etc.). Normal search warrants are served by (GASP!) detectives and uniformed officers, by knocking on a door and waiting for it to be answered. Maybe it has to do with the fact that all of the SWAT guys around here are full time officers/detectives/instructors who are SWAT as an extra assignment/part-time gig. The benefits of a smaller jurisdiction.

 

[tellner]

The officer decided to put his finger on the trigger, and he is therefore responsible for the shot. The question is, was there ANY aspect of the suspect's behavior that justified the shot? The story doesn't tell us enough to know.

Don't worry. By the time it comes to the attention of Internal Affairs there will be. The guy will have "lunged" towards police or made a "furtive movement". The officers will all regret the tragic loss of life but will be in no way at fault.

 

[K-Romulus]

for some background:

Fairfax County is one of Virginia's "DC suburbs."

It is regularly at the top of the list of the "richest counties in America."

It is the anchor stone of Northern VA's population (1 million+).

Fairfax County had been known to hassle CCW applicants and contravene VA's fair-issue law by trying to require copies of leases or mortgage contracts to prove "residency," in-county personal references, etc., until the VA Gen. Assembly and VCDL slapped them down a few years ago. (none of these are needed)

Fairfax County also had a 3-day waiting period and local PD registration for firearms purchasers in the county, again before VCDL and VA Gen. Assembly slapped them down a few years ago. (see a pattern here)

The former Fairfax PD chief, Tom Manger, left in Jan. 2004 after five years on the job to take over Montgomery County MD's PD after "Chief Moose" left to go be an author.

Literally, one of the first things Manger did once he came over was to stump for a MD AWB, and he is currently an "advisory board member" of Ceasefire MD. Manger grew up in Montgomery County and went to UMD.

What I think:

This SWAT policy was probably Manger's idea because "everyone is a potential threat to law enforcement, thanks to VA's lax gun laws." This was the rationale used by a police chief in WI to threaten citizens with "aggressive traffic stops" because of the "threat" of future CCW holders, and it is clear that this policy was adopted in Fairfax County in the guise of this Tac-team mission role.

Traffic stop = detention based on probable cause of violating a traffic law.
Arrest/search = detention based on probable case of violating some criminal law.
Same difference when it comes to "threat to law enforcement."
I wonder why the Tac-Team isn't doing traffic stops like that county out west did a few years back (Sacramento?)



That and $4 will get you a latte at Starbucks . . .

 

[Molon Labe]

Based solely on the story as reprinted above, the officer who fired the fatal shot ought to be sitting in a jail cell right now facing charges of - at a minimum - negligent homicide.

It will never happen.

 

[Kodiaz]

Why are SWAT teams doing warrants? For the same reason cops do traffic duty and for the same reason we are in Iraq.

They're there so we might as well use them.


Huge standing army send it somewhere.


Bunch of cops not doing anything have them write tickets.

SWAT team sitting around waiting for something to happen send them to do search warrants.

If govt. has it govt. will use it.

 

[captain obvious]

WOW am I glad I don't spend much time in Fairfax anymore....