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KPBS Midday Edition

FBI, U.S. Attorney's Office To Attend Briefings On San Diego County Police Shootings

FBI, U.S. Attorney's Office To Attend Briefings On San Diego County Police Shootings
FBI, U.S. Attorney's Office To Attend Briefings On San Diego County Police Shootings GUEST: Chief Craig Carter, president, San Diego County Chiefs' and Sheriff's Association

This is KPBS Midday Edition. I am Maureen Cavanaugh. There will be a change in the way officer involved shootings are investigated in San Diego. The report in the San Diego Union-Tribune. Says the FBI and attorney's office will be part of the first briefings at the San Diego DA gets about please involved shootings. The federal floor -- authorities suggested the change in response to the fatal shooting of Fridoon Nehad why San Diego please officer. Joining me is quite Carter. Head of the Chiefs Association and chief Carter, thank you and welcome to the program. Is this change a criticism about the way shootings have been investigated in San Diego quick I don't think it is a criticism. This is what we do in San Diego County. With a great partnership with our law enforcement officials in both on the state and federal side. This was the next logical step in that transparency mode and trying to get our FBI partners in on the brief so they have an understanding of what took place during that shooting. Can you explain what to -- to us what -- difference it makes in bringing in the federal authorities at the onset of a investigation for a please involved shooting case? I think the differences with the FBI. They can figure out what they need to do and whether this meets the criteria of being involved in the investigation. Gives them a first look. If the benefit -- the benefit would be for them rather than the individual department -- departments. The way it stands right now, they can get involved at any time during the investigation. Bringing them in early allows them to see what everyone is seeing at the same time. One of the things I mentioned in previously -- officer involved shootings there is often injury or death. The case itself really doesn't change from the moment the trigger is pulled to six months down the line. What changes is we have more information or evidence we are going through. That first initial 72 hour brief is crucial to what we -- the big picture overview. Now chief, you are quoted as saying there is no downside in bringing the federal authorities in early. What you mean by that? Again, as I indicated -- the situation or circumstances regarding the shooting won't change. If you bring the FBI in four months or six months or in 72 hours, there is no downside. The facts of the case have not changed. That allows the FBI to do, allow them opportunities to get their investigators up and running and start a concurrent investigation. To see this helping law enforcement in San Diego back I do. It gives that level of transparency knowing other agencies are looking at our officer involved shootings. In this county, the district attorney's office investigated. And having federal partners in early gives us one more set of eyes to make sure we are doing our job right and we are doing the best he can to serve our public. And chief Steve Carter, they are based in San Diego, the federal attorneys are based in San Diego -- they could easily both be seen as part of the San Diego law enforcement community. For this transparent -- transparency you are talking about, when it make sense to have outside agencies and attorneys come into look at these cases? I would defer that to the FBI as far as how they feel about that. Have the utmost trust in our local officials in the FBI and knowing they would objectively look at this. This is just one small piece of their responsibility. The fact that they wouldn't -- they would be objective in looking at this as its mandated by the federal FDA -- F -- FB I director. I filled a we do a good job. I don't feel it needs to go to Los Angeles because I do think without relationship comes with the investigation and we will get a better product. When is this protocol expected to go into effect? The first agency had already included the FBI with the DAs office. It has already taken place. This is a conversation that took place with the San Diego cheats and sheriffs Association in our November meeting. We all went back to our staff and spoke about if there are pros and cons and how we can make this happen. Coming forward now with alcohol out there -- it has been gaining ground in the expect every chief will be using this as a template as we move forward. I have been speaking with Escondido police chief Craig Carter.

In response to the fatal police shooting of a homeless mentally ill man in the Midway District last April, federal authorities have agreed to attend initial briefings on future officer-involved shootings in San Diego County, it was reported Thursday.

The FBI and the U.S. Attorney's office will now be summoned to local law enforcement agencies' first meeting with the county District Attorney's Office, which take place within three business days of an officer-involved shooting, The San Diego Union-Tribune reported. Previously, federal authorities would be brought in later in the investigation process, if at all.

However, the move does not mean either agency will review every officer-involved shooting in the county. They'll mainly be looking into whether anyone involved had abused lawful authority.

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Escondido Police Chief Craig Carter told KPBS Midday Edition the change is meant to benefit the FBI, not local law enforcement agencies, by offering a "first look" at incidents. That will help the federal agency decide whether to be involved in the investigation or not.

Carter is also president of the San Diego County Chiefs' and Sheriff's Association. He said the FBI's involvement will also help local law enforcement agencies.

"It gives us one more set of eyes to make sure we're doing our job right," he said.

Carter said a formal agreement between local and federal authorities was expected by February.

FBI agents and personnel from the U.S. Attorney's Office have already attended a briefing on the officer-involved shooting in El Cajon last weekend that killed a 25-year-old passenger in a stolen car, the Union-Tribune reported.

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"There really is no downside to bringing them in early," Carter told the newspaper.

FBI Special Agent Darrell Foxworth told The Union-Tribune, "the facts surrounding each case will determine our level of involvement."

FBI and U.S. District Attorney officials first brought up the idea of attending initial briefings at a San Diego County Chiefs' and Sheriff's Association meeting in November, the Union-Tribune reported. The discussion was sparked by the fatal police shooting of Fridoon Nehad, 42, on April 30.

Officer Neal Browder was responding to a call about a man threatening people with a knife when he fired one shot just 32 seconds after pulling up to the scene. It was later determined Nehad had been twirling a shiny metallic pen. The District Attorney's Office ultimately ruled the shooting was justified.

RELATED: Fatal Shooting By Cop Leads To Unusual Move By San Diego DA

The shooting was captured on surveillance video, but the tape was confiscated as part of the investigation. Attorneys for the Nehad family got the video when they sued but had to agree not to release it. A judge later ruled that the protective order would be lifted, allowing the video of the shooting to be made public.

"Obviously the shooting of Mr. Nehad was very high-profile and spurred a lot of conversations, and definitely had a role in us looking at the possibility of increasing the earlier sharing of information," Steve Walker of the District Attorney's Office told the Union-Tribune.

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