Detective Mark DeatonDetective Sandie Esters

Law Enforcement Response to Domestic Violence

City of Longmont Statistics

2009 843 Total Convictions (72%)322 Dismissals (28%)

Longmont481 convictions84 dismissed cases (14 percent)28 cases dismissed with plea bargain

City of Boulder (30 percent dismissal rate)(Domestic Violence Statistical Report 2009 BC)

Stats Continued

1700 calls for service annually (Average of Domes/VPO/Child Custody since 2006)

722 reports in 200941% of all cases in Boulder County (2009)(Domestic Violence Statistical Report 2009 BC)

More Stats

Reviews all case reports written at PDWork closely with Safe Shelter and LEVIPresentations and Community events to raise DV

awarenessFollow up on:

Open investigations (more complex)District Attorney requestHHS requestSafe Shelter requestDirect calls from victimsFollow up on closed cases Open- closed cases to charge individuals

DV UNIT

Implications for Law EnforcementThe single, most appreciated service that officers

can deliver to the greatest number of victims is the arrest of their abusers. Specialized domestic violence law enforcement units that focus on arrests can enhance the likelihood of successful prosecution and increase victim satisfaction and safety. (Research basis: Although specific studies of specialized domestic violence law enforcement units are few, the activities conducted by these units have been more widely studied and supported by extensive research.) (2009 NIJ)

DV UNITS

A number of jurisdictions have endeavored to create what have been called coordinated community responses, composed of multiple criminal justice and social service agencies that respond to domestic violence.

This approach may exert a positive impact on both case processing and reabuse, according to initial research. [118] For example, both arrests and successful prosecutions increased in several Minnesota jurisdictions with the creation of coordinated community responses involving law enforcement. [69] Other studies have found similar promising results [118], although more is required than participation in multidisciplinary task forces for communities to create effective coordinated responses. [227] Personnel of relatively autonomous organizations (both public and private) cannot be presumed to have the organizational capacity or the willingness among their personnel to truly collaborate. [73] (2009 NIJ)

CCR

2 officer’s dispatched to all IN-PROGRESS Domestic Violence calls

Arrive on scene and begin talking with involved parties

Determine if medical attention is neededDetermine if suspect/victim is at large Determine if parties are in immediate dangerSeparate involved parties (interview

separately)Determine if probable cause or reasonable

suspicion exist

Initial Call for Service

Based on specific and articulable facts taken together with rational inferences from those facts.

More than a “Hunch”Less than Probable CauseLPD policy is to write a report if RS exist a

crime was committed

Reasonable Suspicion

Probable cause to arrest exists when you have sufficient specific reliable information to believe that under the totality of the circumstances that the suspect has committed or is committing a crime.

Less than Proof beyond a reasonable doubt51% versus 49%

Probable Cause

District Attorney’s Burden of Proof

The level of certainty a juror must have to find a defendant guilty of a crime. A real doubt, based upon reason and common sense after careful and impartial consideration of all the evidence, or lack of evidence, in a case.

Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs. However, it does not mean an absolute certainty. (2011 lectric law library)

Proof Beyond Reasonable Doubt

If Probable cause exists to arrest one or both parties, person will be taken into custody and taken to Boulder County Jail

Arrestee must see a judge prior to posting bond and acknowledge protection order on the record

Arrestee typically is granted a civil standby to retrieve personal property. Must be granted by Judge. Not automatic in criminal protection orders unlike civil protection orders.

Mandatory Arrest Laws

Rare 21 out of 368 arrest (Longmont)City of Boulder (41 out of 284 arrest)54% both convicted34% one conviction/one dismissed12% both dismissed57% of dismissals were female/ 43% male(Domestic Violence Statistical Report 2009 BC)

Dual Arrest

Victim/Witness/Suspect StatementsCrime Scene911 callPhone and/or computer informationVideo surveillancePhysical InjuriesExperience and Training

Developing Probable Cause

Size and Gender considerationsPredominant vs Primary AggressorPrevious Domestic Violence history (Still have

to develop PC for specific incident you are investigating)

Threat of future Domestic Violence Incidents (Can’t force people out of their homes)

Motives (Civil Disputes/Criminal Case/Divorce)

Defensive Injuries/Offensive Injuries

Other Factors

Verbal Only reportsDifferent Interpretations of events Not probing questionsCivil issues with a small amount of criminal

activityVictim will focus on immediate civil action

issue and not know or report criminal activityDifferent interpretations of criminal code

(why some charge some crimes and others don’t)

Officer Discretion

Female party says she was pushedMale denies pushing female and says she was

yelling at himNo witnessesNo signs of injuryNo previous history at residence

Offender / Victim-Perspective (Opposing view points which will build off one another)

He Said/She Said

Have to find a balance when interviewing Victim between pushing Victim for details and/or backing off Victim (Uncooperative vs Disclosure)This interaction could relate to future

interactions with LE and DA. Window of Opportunity to get information

when Victim is in crisis and coming forwardWindow will close quickly once LE leaves the

scene and/or is no longer in contact with Victim

VICTIMS

Can parties be separated for a period of timeExplanation of DV laws to include mandatory

arrest lawsSafety PlanningVictim and/or Suspect resources

Protection OrdersChild Custody PaperworkSafe Shelter etc.Health and Human Services

No Arrest Cases

2nd Degree Assault vs 3rd Degree AssaultMenacingChild AbuseAttempted ChargesSome charges get overlooked in lieu of known

chargesDA will make ultimate charging decisions

whether Misdemeanor of Felony case

Charges

Extreme Emotions -Victim vs Suspect (Frantic vs Calm)Officer manipulationWhy should we care if Victim doesn’tCredibility issuesLimited time to deal with situation that is months/years in the

makingProblems with court documentsOffenders who know the “system”Perceived lack of caring by Law Enforcement if nothing happens

(IE arrest is not made) Misconceptions from LE investigations vs Victim outcry to Victim

Service GroupsVictim’s previous history with LE, Shelters, DA (previous case

outcomes etc)

Issues commonly encountered

911

08-8860.wav

Previous History at LocationVictim was hysterical after arrest madeWants arrest made doesn’t want arrest madeRefuses to work with DSS and SAFE

SHELTERLong History of Domestic Violence within

family

Follow Up

Criminal vs Civil Orders (Do you want BOTH)Divorce Decree’s Child Custody AgreementsOnly restrained party is in violation. Victim

can not get in trouble for initiating contact (DA will have difficult time with this type of case)

Bond Violations carry mandatory sentencing (6 months for Misdemeanor and 1 year for Felony)

Protection Orders

In a Colorado study, the average female petitioner suffered 12.74 abusive behaviors in the year before requesting their orders (e.g., being threatened to being raped). About 20 percent reported that their prior abuse included the more serious behaviors, including strangling, forced sex and beating. The duration ranged from once to 31 years, with a median of 2.4 years. (2007 DOJ)

Protection Orders

Victim Advocates contacted on “in-progress” callsBlue Sky Bridge interviews for childrenIncrease in stalking charges (Look at the bigger

picture)Most stalking cases involve electronic footprint

Phone calls and text messagesSocial Media Sites (Facebook)Serious Emotional Distress

Habitual Domestic Violence Offender (F5)Person has 3 DV convictions since 7/1/2000

Emerging Trends

Many cases now involve electronic componentsTelephonesComputersSpoofing (phone calls, IP addresses)Social Media Sites

Facebook, MySpace, Adult Friend Finder, Etc.

Electronic Footprints

Spoofing

Victim reports ex-husband spoofed her children's cellular phones and called her.

Son’s phone bill does not show a phone call to his mother (as her phone bill does)

Daughter’s phone bill does not show a phone call to her mother (as mom’s phone record shows)

Suspects phone does not show a phone call to ex-wife or a spoofing site

Victim’s phone records are sequentially out of order

Spoofing

Most companies require a court order or subpoena to produce documents Call HistoryText Messages (Hard to recover unless in

progress)Facebook PostGPS locations

Juries want to place suspect behind the keyboard or telephone

Have to build a case around the suspect (circumstantial evidence vs direct evidence)

Investigating "electronic" cases

Do victim’s fear re-assault (Victims rarely exaggerate their risk level but commonly underestimate it)

Situational Circumstances can play larger role than chronic abuse cycle

Firearms in a household increase chance of lethal violence 6 to 1. (CDC Study)

Victim’s previously threatened or assaulted with a firearm are 20 times more likely to be murdered by their abuser.

Lethality Risk Factors

Prior threats to kill, prior strangulation and sexual assaults, as well as drinking and drug use histories and current use, should be taken very seriously when considering offender dangerousness. (2009 NIJ)

Lethality Continued

Victim Pamphlet (November/December 2011)Folder with Legal Pad, user friendly materials

New Programs

OU

Housing

1) Longmont Housing Authority 303-651-8581

2) LEVI-303-774-4534 3) Our Center 303-772-5529 4) Emergency Family

Assistance 303-442-3042

Protection Orders

1) Boulder County Courts 1035 Kimbark St

2) BreAnne Bromley 303-772-0432

Child Custody

1) Boulder County Courts 1035 Kimbark St

Child Exchanges/Supervised Parenting Time

1) St. Vrain Family Center-303-776-5348

Substance Abuse Classes

Compensation for damages/injuries

1) Victim’s Compensation Fund 303-682-6801

2) LEVI 303-774-4534

1) Addiction Treatment Center 303-651-9200

2) ARC 303-441-1275

Legal Assistance

1) Legal Aid 303-449-7575 2) Safe Shelter-BreAnne

Bromley 303-772-0432 3) Colorado Legal Services

303-837-1321 4) SPAN 303-444-2424

Counseling Services

1) Boulder County Mental Health 303-684-0555

2) Safe Shelter 303-772-4422

3)

Longmont Police Department (911)

Non-Emergency-303-651-8501

Det. Mark Deaton 303-651-8517

Det. Sandie Esters 303-774-4720

Boulder County District Attorney 303-441-3700

303-772-4422

DOMESTIC VIOLENCE RESOURCES

Child Care

1) Our Center 303-772-4320 2) Longmont YMCA 303-776-0370

Detective Mark Deaton 303-651-8517

Detective Sandra Esters 303-774-4720

If you are interested in scheduling a RAL please call 303-651-8555

Contact Information

QUESTIONS?