Force Investigations Unit

BCI’s definition of an “officer-involved critical incident” includes:

• The discharge of a firearm or other use of force by a law enforcement officer (or other official conducting an enforcement activity) that results in human injury and/or death.
• Any incident in which a law enforcement officer suffers serious physical harm or death at the hands of another, including “friendly fire” situations.
• The death of a person while in custody, defined as “a situation when there has been a formal arrest or when, under the totality of the circumstances, there has been a restraint on freedom of movement of the degree associated with formal arrests.”

When a local law enforcement agency experiences an officer-involved critical incident and wants BCI’s assistance, that agency contacts BCI to request help. Agents from across BCI work together to ensure that the criminal investigation yields an impartial and comprehensive investigation and report. The report is crucial to helping the corresponding prosecutor’s office determine how the case should proceed.

The Major Case Response Team may tap expertise from:

• The Force Investigations Unit. Agents write and execute search warrants; interview witnesses and the officers involved; locate and review any video footage of the incident, including that from body and dash cameras, surveillance systems, and cellphones; and collect other evidence. In addition to the on-scene investigative duties, agents conduct investigative follow-up, prepare the case facts for presentation to the prosecutor’s office, and attend court proceedings.
• Support Special Agents. Agents assigned to the Special Investigations Unit, Cyber Crimes Unit, Environmental Unit, Technical Operations Unit, Special Victims Unit and Narcotics Unit may respond to the initial event to assist with the on-scene investigation.
• The Crime Scene Unit. Crime Scene agents process the scene, photograph and preserve evidence, and submit evidence such as ballistics and DNA for analysis by specialized BCI departments.
• The Laboratory Division. Scientists analyze forensic evidence, including bullet trajectory, blood stains, and DNA.
• The Cyber Crimes Unit. Agents obtain and analyze video and electronic evidence.
• The Criminal Intelligence Unit. These analysts focus on analytics and social-media searches to learn more, including finding potential witnesses who didn’t initially come forward.

Among the tools that the Major Case Response Team may employ:

• Crime-scene scanner. This tool shoots out millions of laser beams within a few minutes to document everything at the scene of the critical incident. It creates a 3D diagram so accurate that investigators can later consult it to take measurements and study evidence locations. The 3D diagram also can provide prosecutors and jurors a direct look at the scene.
• Forensic audio and video analysis. After gathering as much video from as many angles as possible, the team may tap the forensic audio and video experts at the attorney general’s Organized Crime Investigations Commission (OCIC). These experts enhance the sound and/or synchronize the videos so the investigators can see the incident unfold from multiple perspectives simultaneously.

• When an Ohio law enforcement officer is involved in a critical incident, BCI’s investigation is independent, professional and prompt — but the emphasis is thoroughness, not speed.
• BCI conducts criminal investigations, not internal or administrative investigations, so disciplinary issues are the responsibility of the employer (usually a law enforcement agency). But the criminal investigation takes precedence over any internal or administrative investigation.
• To maintain its unbiased and independent function, BCI directs the investigation independent of the requesting agency or its policies, procedures and chain of command.
• As a fact-finder, BCI does not determine whether a use of force was legally justified. After the investigation is completed, the investigative report is provided to the prosecutor’s office and, with the prosecutor’s approval, to the requesting agency. Those entities may then use the investigation to determine the appropriateness of the officer’s actions.
• Everyone involved has their constitutional rights respected. To avoid biasing investigators, BCI even avoids using the terms “suspect” and “victim.” (“Subject” and “involved officer” are used instead.)

Any law enforcement agency or public office with investigators may call in BCI’s Officer-Involved Critical Incident Response Team after an incident — and they are encouraged to do so immediately through the bureau’s 24-hour hot line (855-BCI-OHIO). Agents are deployed from the nearest office, which may be several hours away.

Agencies may enter into a signed agreement with BCI to have every such incident within their jurisdiction investigated by the Officer-Involved Critical Incident Response Team. Reasons for entering into a “memorandum of understanding” may include a push to provide independent investigations and encourage community trust in the police agency, or an agency not having the resources to cover an extra investigation or ensure that an officer is not investigating a friend.

BCI currently has no jurisdiction to investigate officer-involved critical incidents without a local request from a prosecutor or law enforcement agency. If a private citizen requests a probe, BCI agents are barred by law from responding, no matter how reasonable the request.

The Officer-Involved Critical Incident Response Team aims to complete the portions of an investigation it controls within 60 days. However, some cases are more complicated, and some aspects fall outside the team’s control.

Factors that might lengthen an investigation include:

• Autopsies, whose results can take three to four months.
• Laboratory testing, of ballistics, DNA and/or drugs.
• Analysis of electronic evidence.
• Search warrant or subpoena response – if, for example, investigators must formally petition a social media company for access to a person’s accounts.
• Prosecutorial review.

Each of these elements can provide the evidence a case hinges on, so such analysis is never skipped. The team takes a systematic approach to each critical incident, aiming for both efficiency and thoroughness.

BCI understands that, in many cases, the affected law enforcement agency and community need answers in order to move forward. But corners cannot be cut, or fairness compromised, for the sake of speed.

As a fact-finder, the Officer-Involved Critical Incident Response Team does not determine whether use of force was legally justified or make recommendations regarding charges. At the conclusion of an investigation, BCI provides a copy of its findings to the appropriate prosecutor’s office for review. The prosecutor then determines whether or how the case proceeds.

Once a case is deemed closed, the investigation (or portions of it) are made available for public release under Ohio’s Sunshine Laws.

Disciplinary issues are fully the responsibility of the employer, not the Officer-Involved Critical Incident Response Team. BCI makes no recommendations regarding policy violations, administrative leave, return-to-duty assessments or termination decisions. It is solely the decision of the employing agency to determine whether an officer returns to work and, if so, in what capacity.

When an officer’s weapon or other equipment is seized, it is returned to the department only with the approval of the prosecutor reviewing the case.

Ideally, an internal investigation takes place after the criminal investigation is completed.