Detective Mark Deaton Detective Sandie Esters Law Enforcement Response to Domestic Violence
Feb 25, 2016
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?