Interesting: SWAT Tactics at Issue After Fairfax Shooting

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SWAT Tactics at Issue After Fairfax Shooting

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

"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."


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."


http://www.washingtonpost.com/wp-dyn/content/article/2006/01/26/AR2006012602136_pf.html




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.

Well said. Its a shame that this cop will, most likely, not face a manslaughter charge.
 
Well said. Its a shame that this cop will, most likely, not face a manslaughter charge.

agreed. at the very least, if everything in the story is accurate, he should lose his job

and why the hell is betting on football games illegal in the first place?!?!? :rolleyes:
 
I can't imagine a stupider law to get shot over... Soon they WILL have SWAT teams come get you for being caught jaywalking repeatedly on street cameras. What, they couldn't just serve him with a sepina or something, hes a 40 year old optometrist, what is he going to do walk to Mexico and change his name to Rubio?
 
if everything in the story is accurate

Agreed and add this on the same premise:

It does not matter why the police were there. There is no law in the world worth being shot over if you are an unarmed person who is not resisting arrest and is not posing a threat. The SWAT team is irrelevant to the actual shooting. This would be just as serious if they were going to serve a high risk warrant on a murder suspect. An individual screwed up in the absolute worst way and someone is dead because of it. He will pay for it the rest of his life both legally and emotionally. There is no excuse for "accidentally" shooting someone. Finger off the trigger, finger off the trigger, finger off the trigger...pretty simple. I hope the guy involved and the county have some very good lawyers and liabilty insurance. Both will be needed.
 
They won't apply this logic to you or me ...

... we are civilians. If you are from Northern Virginia, remember this line of reasoning. See if it is applied to the next "negligent" firearm killing by a civilian. The Commonwealth Attorney should be consistent in his charging decisions.

Officer Won't Face Charges in Shooting Death
By Tom Jackman
Washington Post Staff Writer
Thursday, March 23, 2006

The Fairfax County police officer who shot an unarmed man to death in January will not be charged with a crime, the county's chief prosecutor announced this afternoon.

* * * Fairfax Commonwealth's Attorney Robert F. Horan Jr. said that when a person fires a gun without malice and unintentionally kills someone, "they do not commit a crime."

* * * This is a good police officer. Fine record, almost 17 years. He's as shattered by this as any good police officer should be."

* * * Horan said the officer was aware that he should not have had a finger on the trigger and that he should not have had his .45-caliber H&K handgun pointed at anyone. "As he [the officer] says, you keep your finger straight," Horan said. "He felt his finger was straight. . . . But obviously his finger is not straight up. His finger has to be on the trigger."

* * * Horan said the accident "could have been based on the number of hours the officer was awake that day."

* * * In his letter clearing the officer, Horan said that even if a weapon is discharged carelessly and negligently, there is no crime if it is done without malice. "At best, the evidence in this case does not approach criminal negligence," Horan wrote, "which, as you know, is a much higher standard. The shooting was clearly unintentional, was without malice, and was not a criminal act."

* * *
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/23/AR2006032301117.html
 
:eek:... wow. This would make good case law for future accidental shootings. What this says is basically that if you feel no emotion when you accidently kill someone, it's ok. You're probably correct F4GIB, I can't see similar logic being applied to civilians. I wonder if that man's family will make a civil case? It would be interesting to see how that turned out.

It's sad that someone 17 years in the police can't follow the basic 4 rules. In this case especially rule number 4.
http://thefiringline.com/library/safetyrules.html
 
A county deputy is, by definition, a "civilian"

Unless you are a sworn representative of either the State or Federal Government then you are a "civilian"

Just FYI :)
 
I would bet the farm that there will be a civil suit. Jackpots like these don't come around that often. It is kinda hard to belive that he didn't know his finger was on the trigger. It would kind of help to know the rest of the details.
 
So negligent homicide/manslaughter isn't a crime?

Manslaughter, especially, is often applied in cases where there was no malicious intent.
 
The semantics of this one are getting a little off-topic. I would hate to see this one shut down, expecialy before I get to know all the details. But I think what the origional post refered to as "us" is anyone without a badge.
 
LEO shooting in Fairfax County, Virginia

Hi, Folks. I'm really new here. Been following this forum for some time and it is great.
First, I'm not an LEO but I have a great respect for them - Some are friends, others I've met, some I've worked with. It ain't pretty on the street, sometimes. (I'm not a lawyer, either) My condolences to the family of the deceased. My prayers to the LEO involved.
Now, that said. F4GIB - I have to agree with you 100% with the line of "what if it was an armed civilian" (my quote)... We'll see. It was an unfortunate incident, with a bad outcome. Bookmaking/illegal gambling is a crime. Whatever caused the Fairfax County PD to be alerted to this situation, is above my pay-grade, they knew something illegal was going on and acted accordingly. A tactical operation was put together and carried out. This didn't happen overnight or on a moment's notice. In the heat of the surprise of the operation, an LEO, with weapon apparently drawn, moved in for the arrest/takedown. For whatever reason his firearm discharged. There is no doubt that it fired, due to a trigger pull, period. Finger ON the trigger, perhaps. Finger not on the trigger and the finger was struck during the takedown, hitting the trigger, maybe. At issue, is the conclusion of the Commonwealth's Attorney, Robert Horan. His decision is based on the summation of the Grand Jury. A jury of "our" peers. Robert Horan has been in the Office of the Commonweath Attorney for the County of Fairfax since 1986 and has prosecuted many cases during his tenure. He has a very good conviction record and is a champion for those of us that live in Fairfax County Virginia.

It appears that the family will bring a civil case against the LEO and who knows what other entity. We can only hope that Mr. Horan is consistent with the Grand Jury findings in similar/future cases, whether it is an LEO or an armed civilian. We should not start a "What If"/hypothetical dialogue here. It's a good concept, but...

Summation:
1. An individual engaged in an apparent illegal operation was killed during the investigation of said illegal operation.
2. The facts of the death were sent to the Grand Jury.
3. The Grand Jury returned their findings to the Commonwealth's Attorney for Fairfax County, Virginia.
4. Based on the findings of the Grand Jury, the Commenweath's Attorney found no grounds to persue criminal charges against the LEO.
5. Based on media interviews - The family of the deceased may bring civil charges against the LEO and possibly others.

I pass no judgement in this case, other than #4, above, at this time (not withstanding that an apparent crime was being committed.) We, as civilians, would probably not be in this situation of an arrest and takedown. However, should we have to use the case of "Castle Doctrine" or a legitimate protection of ourselves, I would hope that Mr. Horan would be on our side and I feel that he would. I do feel strongly about this incident, but I also think that if we, as civilians, were to "drop-the-hammer" for a justified reason, we would be protected in the Commonwealth of Virginia.
 
Deputy Issue

All due respect folks. The LEO was not a deputy. He is a Fairfax County Police Officer, as I understand it.
 
Finger not on the trigger and the finger was struck during the takedown, hitting the trigger, maybe.

No maybe here. The deputy was not engaged in a "takedown." He was not close to or in physical contact with the victim at the moment of the shot.

As Horan described it "The officer involved, a 17-year veteran with long tactical experience, pulled up in a car behind the undercover officer's. 'As the officer came out,' Horan said, 'he was bringing his weapon up. In the course of bringing his weapon up, it discharged. He has no real explanation how.' "

A competent prosecutor can get a Grand Jury to no bill anyone. The proceedings are secret and the prosecutor gets to decide what evidence the Jury hears or sees. Don't ask the right questions, mischaracterize the conduct, wink and nod appropriately and the case is tanked.
 
F4GIB, they won't be applying that logic to folks like you and me, in part because it isn't so much logic as it is a negligent lack of legal understanding and malicious misrepresentation of the law.

By the time something like this happens to someone else, Fairfax Commonwealth's Attorney Robert F. Horan Jr. will have a better understanding of the law, hopefully, and will prosecute accordingly.

Virgina does not laws pertaining to negligent what negligent homicide in the form of criminal negligence and manslaughter...

As seen below, a lack of malice does make the act legal.

http://leg2.state.va.us/dls/h&sdocs...bb46e4e13adbd86c852560130059882e?OpenDocument

Model Penal Code Criminal Negligence. ("Gross Negligence")
A person acts negligently when he should be aware when his conduct creates a substantial and unjustifiable risk. His failure to perceive it is a gross deviation from the standard of care exercised by a reasonable person. He is guilty of criminally negligent homicide, a third degree felony.

Model Penal code Involuntary Manslaughter. (Recklessness)
A person acts recklessly when he consciously disregards the fact that his conduct creates a substantial and unjustifiable risk and is a gross deviation from the standard of care exercised by a low-abiding person. He is guilty of involuntary manslaughter, a second degree felony.

Virginia Criminal Negligence/Involuntary Manslaughter.
A person is guilty of criminal negligence when he engages in negligence so gross, wanton and culpable as to show a reckless disregard of human life and he knows or should know the probable consequences of his conduct. He is guilty of involuntary manslaughter, a Class 5 felony.
 
There was a study done (Don't ask me by who ,or where it is) I read about here. They had 30 ,or 40 officers with extensive firearms training and experience. They ran them through a course with simunitions guns that mirrored their duty weapons, the triggers were rigged to record when they were touched. If I recall ,something like 83% had their fingers on the trigger when they shouldn't have. To a man they had no recollection of having done it. Stress does stuff to people ,at least thats what the people with alphabet soup after their names tell me. You can bet the victims family will be looking for a payday on this one. YMMV Regards 18DAI.
 
F4GIB and all - You're absolutely right in this case. I was able to read the complete story in the Washington Post this morning. Yeah, that's not right and we would likely be judged in a different manner. Not to mention the media fallout. I'm actually surprised at the chain of events, in this instance. I definately see your point. Thanks...
 
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