New Metro Police team to investigate use of force incidents

By Kyle B. Hansen

Published Wednesday, Sept. 29, 2010 | 11:03 a.m.

Updated Wednesday, Sept. 29, 2010 | 12:26 p.m.

Sheriff Doug Gillespie announced today that the Metro Police department is establishing a new team that will respond to use of force incidents in the wake of the six-day Erik Scott coroner's inquest.

Gillespie said the Force Investigation Team of homicide detectives would respond to use of force incidents of any kind -- not just those that involve shootings. That team would also conduct the investigation.

The changes will take effect Oct. 2.

Gillespie's comments were his first since a seven-member Clark County coroner’s inquest jury ruled the death of Scott as a justifiable homicide. Jurors heard six days of testimony before the verdict was announced at 5:29 p.m. Tuesday.

Gillespie said he supports making "positive changes" to the inquest process, but didn't have specific recommendations on what those changes might include. He said he has started to meet with stakeholders to discuss possible changes to the process.

“The desire of this department is for an open and transparent process that also protects the rights of all witnesses, including the officers,” he said.

The sheriff said the entire process -- not just the coroner's inquest -- should be scrutinized, including the personnel who respond to a crime scene, those who investigate an incident and who decides whether to file charges against an officer.

“The inquest is just one step in the review process of officer-involved shootings,” he said. “If we just focus on the coroner’s inquest these other issues will come up later on down the road, so I believe let’s look at it all, let’s discuss it.”

Gillespie said he believes the three officers involved in Scott’s shooting acted appropriately.

“As you heard our officers testify in court, they reacted to the threat to their own lives or to fellow officers or customers,” he said. “Those officers responded appropriately to the threat they felt. They did not have the luxury of waiting or second-guessing to see if this situation might turn out differently.”

The three officers still must go before Metro's Use of Force Board. If cleared, they could then be allowed back on duty, which is standard department procedure. A date hasn't been set for the officers to appear before the board.

The findings of that board could lead to discipline for the officers if they violated any department policies, even though the shooting was ruled justified, Gillespie said. The board’s findings also could lead to policy or procedural changes at the department, he said.

Even though he said he believes the shooting was justified, it was still a tragedy, Gillespie said.

“While the jury rendered a verdict of justified and while I believe our officers acted appropriately, there are no winners here,” he said. “Three officers were compelled to use deadly force. A man lost his life. Both tragedies must be acknowledged. I understand the grief and emotions on both sides.”

Erik Scott's family plans to file a civil rights lawsuit alleging the officers used excessive force. The family’s attorney said the defendants would be Metro, Clark County, the sheriff’s office and Costco, where the July 10 shooting took place in Summerlin.

“Although I don’t pretend to know what they are going through, the grief of the Scott family is understandable,” Gillespie said. “The sudden loss of a loved one is difficult to come to terms with. I’m sure they have an overwhelming desire to understand their son’s death under what are unthinkable circumstances to them.”

But Gillespie said he thinks the officers saw a different Erik Scott than the one the family knew.

“I’d like to remind the public that while a family is used to seeing their loved ones in a positive light, when officers encounter them, they are not usually at their best,” he said. “Officers react to situations presented to them; they can’t always dictate the outcome. While officers must respond to threats with split-second decisions, we as a community have an unlimited time to debate as to what could have been done differently.”