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Randy Sutton

Randy Sutton

Randy Sutton is a 33-year law enforcement veteran, a trainer, and the national spokesman for The American Council on Public Safety. He served 10 years with the Princeton (N.J.) Police Department and 23 years with the Las Vegas Metropolitan Police Department, retiring at the rank of lieutenant. He is an author who has published multiple books on law enforcement.
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Patrol

Patrol Officers Can’t Afford to Hesitate

Don’t let outside concerns make you gun shy in shoot/don’t shoot situations.

April 07, 2008  |  by - Also by this author

Old timers may remember seven; a newer generation has been weaned on 10. Officers of all ages at least have some familiarity with them: The deadly sins endemic to our profession. For the record, they are: lack of concentration, tombstone courage, not enough rest, taking a bad position, not heeding danger signs, failure to watch the hands of a suspect, relaxing too soon, improper handcuffing, no search or poor search, and dirty or inoperative weapon.

Many of these deadly sins concern physical or tactical missteps.

But there is another fundamental problem, one which the officer can correct far ahead of time. It is the inhibiting mindset.

There’s a distinction to be made here: What I’m jabbering about isn’t mental enervation (lack of concentration). Indeed, it is a matter of concentrating too much on peripherals so that they subordinate priorities at “shoot/don’t shoot” moments of truth.

In other words, sometimes concerns beyond the scope of the incident at hand can make an officer hesitate when his or her life or the lives of the innocent public are at risk.

These inhibiters have been discussed during briefings and de-briefings, have popped up in BS sessions, considered in round tabling, and mentioned by officers I’ve interviewed for “Shots Fired” columns.

What are they? They vary from officer to officer, but here are a few of the more common concerns that can make an officer hesitate:

• The Race of the Suspect
The race card can be played at will and often will be. The news media loves a circus, and can be counted on to make one of any case that has racial connotations. Rounds will be counted, hits will be tallied, and if you’ve exceeded your “Community Allotted Number of Rounds Fired,” you just know there’s going to be hell to pay. I once heard a white cop say, “The first straight, middle-aged white male I see coming out of a bank with a bag of money in one hand and a gun in the other, his ass is mine! No Al Sharptons will be coming out of the woodwork to get camera time on that bad boy!” Even black officers live with concerns of being ostracized as “Uncle Toms” should they suffer the misfortune of shooting a man whose complexion mirrors their own.

But the fact should be that regardless of race, creed, color, national origin, sex, etc., the son of a bitch should be dropped if he poses a life or death threat. And regardless of your own background, you need to remember as much.

• Their Own Religious Beliefs
One West Covina, Calif., police officer was known as a deeply Christian man who on more than one occasion had expressed reservations about having to take a life. Unfortunately, he was confronted by that prospect when a suspect high on PCP tore the mounted shotgun out of his patrol car. The officer did not do what he had to do to protect himself and was killed by a shotgun blast fired from the shotgun he had loaded himself.

Obviously, our actions as officers should be governed by a reverence for human life. But reverence for human life includes our own. Officers who fail to take the necessary actions to save themselves from threats bequeath unnecessary heartaches to loved ones who survive them, and avoidable threats to their peers who may not.
Despite having been involved in six officer-involved shootings, San Diego police officer Phil Bozarth considers himself no less Christian. Reconciling God’s Commandments with his profession has not been difficult for Officer Bozarth.

“There have been some officers who felt extremely bad at having taken a life,” he told me. ”They felt as though they themselves had sinned, that they had violated the word of God. But often their beliefs are colored by the King James version of the Bible that was released in 1611. For whereas older texts say, ‘Thou shalt not kill,’ the most recent and widely accepted translations, including the New King James Version, New International Version, and New American Standard Bible say, ‘You shall not murder.’ For Christians in doubt, I would point to Romans 13:1,3,4: "Everyone must submit himself to governing authorities. For there is no authority except that which God has established. … For rulers hold no terror for those who do right, but for those who do wrong.... But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God's servant, an agent of wrath to bring punishment on the wrongdoer.’” It leaves no ambiguity about the Christian officer’s need to occasionally use deadly force.

• In-house Monday Morning Quarterbacking
Within larger agencies, there is no shortage of people who will evaluate an officer-involved shooting: I.A., Homicide, Training Staff, Civil Lit., etc. Remember, “He that tries to please everyone, pleases no one.” Do what you have to do.

• Getting Sued and/or Prosecuted
No officer wants to be part of Rodney King redux. No deputy wants to relive the Amadou Diallo nightmare. But people can get sued for anything, or prosecuted for some politically unviable use of force. As aggravating as it might be to endure such proceedings, spending time in either court is infinitely preferable to spending it in one’s grave. Remember, respect for human life includes our own, and there’s a reason cops say, “It’s better to be tried by 12, than carried by six.”

Why the mindsets? It varies from officer to officer. But one anecdote may be telling.

Around summer 1990, there was a series of five Los Angeles County Sheriff’s Department deputy-involved shootings that resulted in the terminations of the primary officers involved in each. That all of the involved deputies eventually got their jobs back and then took stress retirements afterward, making the tragedies worse, was hardly comforting. From all I’d heard, each was a justifiable shooting. In fact, a captain—one who apparently placed more stock in his conscience than his promotability—spoke out in the news media against his deputy’s termination, effectively burning his bridges with the incumbent sheriff with all the efficacy of an arsonist in a paper mill.

Such incidents are, unfortunately, all too common from one city to another and serve as cautionary parables for other officers who can all too readily relate to the fate of the involved officer. As a result, they become literally “gun shy.”

The time to think about these things is long before the incident. Know that any use-of-force incident can be controverted. But usually, justice prevails. Make your peace with these matters before they become realities. This is where audio and video recordings can give you some measure of peace of mind.

Cops don’t have the luxury of getting their minds back into the game. It’d better be there in the first place.
 


Comments (4)

Displaying 1 - 4 of 4

slammer @ 4/7/2008 2:46 PM

Regarding the religious beliefs...the original ten commandments included "Thou shalt not murder" NOT "thou shalt not kill." The Catholic Church changed it to the less specific "kill." Murder is the unlawful killing of a person with prior intent. Defending yourself is NOT murder. Defending another is NOT murder. It IS killing, but it is justified.

ynotbloom @ 4/8/2008 9:20 AM

Also referencing the Religious concern: I would like to offer some additional layers of rational and spiritual assurance for my fellow Christian Officers from God’s word giving us authority in this area.
The Hebrew term used in the commandment, often translated as "kill", is the word "ratsach" ( raw - tsakh' ). The New Strong's Exhaustive Concordance Of The Bible uses the following in defining this term: “to dash into pieces" and "to murder." I believe we can infer from this that it does not describe the type or intent of deadly force we as officers are called upon to use, given the proper circumstances.
In Matthew 5:21, Jesus refers to this commandment by quoting it. Thayer’s Greek-English Lexicon defines the term He uses for “kill” (sorry I don’t include it, but my computer does not type in Koine Greek!) as having an absolute (primary) translation of “to commit murder.”
Luke 3:14 reads, "Some soldiers were questioning him (Jesus), saying, "And what about us, what shall we do?" And he said to them, "Do not take money from anyone by force, or accuse anyone falsely, and be content with your wages." Whether Jews or Romans, they were most likely under some form of Roman authority, thus carrying similar government sanction as we now do. If they (and we) were not given God's authority and blessing to properly execute deadly force as part of our mission, this would have been the perfect opportunity for Christ to say so. Yet, He does not. Given what He did choose to say (in light of the additional scriptures already discussed); I believe this is, at least, tacit approval of this aspect of our jobs.
The evidence seems to be in favor of His giving us authority (not just permission or a pass) to do so when our situations warrant it. One could even argue that we should be concerned that we may be in danger of stepping out of His intent for us if we were to fail to use deadly force if the time and circumstances called for it.
Don’t

ynotbloom @ 4/8/2008 9:56 AM

( I guess my final comment got cut off by the word count!)
It should have ended with:

Don't hesitate if the time comes: God has got your 6!

David Moore S-55 @ 4/8/2008 9:40 PM

The last six paragraphs of this Article says it all a must read!! I wanted to share a incident that happened in my home town - I was not there in person. Deputies had been called to the XXXXX home eight times since October 2004 1 yr. These are just mine and a good Lt Friends observations on a MDP- resulting in offender death. Background-Names removed-XXXXX had called 911 pleading for help for their knife-wielding, suicidal daughter...a nurse, had already used CPR about an hour before the 911 call when she and her husband had found that their daughter had hanged herself. The 15-minute tape documents the young woman cutting herself with two knives, threatening to stab her parents and vowing that if the deputies show up at the house she'll have them shoot her. She is heard screaming that she doesn't deserve to live and that she will not go back to a mental hospital, from which she had been released a week before. The Grand Jury cleared the Deputy of any wrong-doing. And then there is the Deputy, a young man and who will remember this for the rest of his life. What kind of treatment was given to him? What support did he have? Why did he have to resign? He did it on his own. He had to take the life of another person. The media spin as usual and pressure that was on him had to be astronomical rather long wait Nov 2005 to Jan 2007 for ruling. And now, the pressure of a civil-suit on top of all he has already gone through. The justice system: If a court takes this case...then it will continue to waste valuable time on cases that have already been put to the test by another court and he was found to have committed no wrong doing. That should be the end of it. But for political reasons they will take the case and run with it. It’s against a Deputy who, in a split second, had to make a decision to defend himself and others against a knife attack (Tennessee V. Garner 471 US 1 (1985). This case reeks of qualified Immunity.

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