Texas Department of Public Safety General Manual Ch. 5 Excerpts 96.09 Discharge of Firearm Investigations. This procedure establishes guidelines to ensure the highest degree of continuity and standardization in the handling of employee-involved firearm discharges, as well as establishing responsibilities and procedures regarding the thoroughness, objectivity, and integrity of the investigation(s) of the incident. 2. Firearms Discharges Resulting in Injury or Death. Firearms discharges resulting in injury or death, including apparent accidental discharges, will be investigated by a Ranger Investigative Team as a criminal investigation intended for prosecutorial review and grand jury presentation. The immediate supervisor of an affected employee will complete the administrative requirements outlined in 9609(1) and the officer involved shooting report required under section 06.12 of this chapter of the General Manual. In lieu of creating a duplicate investigative narrative on any related forms, the immediate supervisor shall refer to the investigative narrative completed by the Ranger Investigative Team. ?Ranger Investigative Team? means a selected group of Rangers from each of the companies who have been trained in the investigation of firearms discharges and are responsible for investigating all incidents within their company. In most incidents, the lead investigator on the Ranger Investigative Team will be the Ranger assigned to the area ofthe incident. 5. Responsibilities of Ranger Investigative Team a. Upon arrival at the scene, assumes primary responsibility for the investigation. b. If not already done by a supervisor, and in a discreet manner, obtain the weapon(s) of the involved employee(s). Whenever possible, this should not be done until a replacement weapon can be provided. c. Make the following notifications and requests, if applicable: 1) Coroner?s Office orJustice of the Peace 2) On~call Assistant District Attorney or Investigator 3) DPS Crime Scene Unit 4) Traffic Crash Reconstruction Team 5) Any additional specialist/assistance as needed d. Ensure the scene is properly documented, photographed, videotaped (if possible), sketched, and diagrammed. e. Ensure all evidence is properly processed and collected with complete chain of custodymun-1- - f. Responsible for all Miranda warnings, suspect interrogations, and taking their statements. g. Responsible for all interviews of witness and taking their statements. h. Responsible for interviews of all involved employee(s) and taking their statements. 1) An interview with the involved employee(s) at the scene should normally be limited to a brief account of what occurred in order to facilitate the investigation of the scene. A scene walk through with the involved employee(s) is allowed if applicable and if it is amenable to the involved parties. Arrangements should then be made for the transportation of the employee(s) to a secure setting. 2) After completion of the on?scene investigation, the lead Ranger investigator shall make arrangements with the involved employee(s) for a detailed interview and statement. Because of the stressful and traumatic nature of these incidents, and in order to facilitate the best possible recall, the detailed interview and employee(s) statement should not ordinarily take place until the day following the incident and after the employee(s) has had a period of rest. 3) It is the intent of the Department that only one statement of fact be taken from the employee(s). This statement should contain a detailed account of all aspects of the incident to ensure the best evidence is presented. 4) For all officer-involved shootings or in?custody death investigations, officers will be allowed to listen to all recorded audio and view all available video prior to giving his/her statement if they request to do so. 5) Employee(s) will be interviewed separately. 6) Employee(s) should not be required to unnecessarily repeat an account of the incident. i. Provide Media and Communications Office or local trooper assigned these responsibilities with information that can be made available to the media. j. Allow Critical Incident Response Team members access to involved employee(s) as ?.441 mud: 1. soon as practical. k. Ensure a log has been established to record the name, agency, reason, and time of entry and exit of anyone entering the perimeter of the scene. All persons, regardless of rank, entering the perimeter of the scene are required to write a report documenting their actions. The original of the report will be forwarded to the lead Ranger investigator for inclusion in the master case file. I. Reports to be submitted to: . -I 1) Appropriate District Attorney?s office for review 2) Texas Ranger Division Assistant Director 3) Invoived employee?s supervisor 4 1? 44;4s;- - .- Officer Involved Shooting Investigations: Although not currently addressed by DPS policy, when assigned to conduct an officer-involved shooting investigation not involving DPS personnel, Rangers should generally be guided by the General Manual policy which enumerates the tasks and responsibilities required for Ranger personnel when conducting DPS firearms discharge (with injury) investigations. This guideline does not preclude or prohibit Ranger personnel from expanding or reducing their investigative responsibilities and actions based on the lawful directives or policies of the requesting law enforcement agency or affected district attorney?s office.