Recommendations for Investigating Non-Firearm Arrest-Related Deaths
Darrell L . Ross , Ph . D .
In the past three editions of the Georgia Police Chief ( Winter , Spring , and Summer 2021 ), various issues associated with arrest-related deaths were addressed . While rare in occurrence , these types of deaths present numerous complex and multi-factor issues including : the medical and mental health condition of the subject ; the subject ’ s history of abusing illicit drugs ; symptoms and behaviors associated with Excited Delirium Syndrome ( ExDS ); and the use of force measures applied .
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After the death , numerous questions will emerge which focus on the cause , manner , and mechanism of death , as well as whether the officers used excessive force . 1 Since the death occurred during or shortly after the restraint by responding officers , extreme scrutiny will be directed at them and their administrators . As previously discussed , a civil lawsuit will most assuredly be filed which frequently claims the administrator failed to properly investigate the incident ( Salvato v . Miley , 2015 ). 3
The involved officers may also be criminally prosecuted ( Eberhart v . State of GA , 2019 ). 4
A clear cause of death may not be identified and frequently maybe classified as undetermined . In some cases , however , because the decedent died after police restraint , the medical examiner may certify the cause of death as a homicide . 5 Because an ARD rarely occurs , and conducting an ARD investigation is infrequent , the investigation can be potentially plagued with potential errors . Because these deaths are high profile incidents , they require a methodological approach and a thorough and unbiased investigation . This article addresses some of the general and critical components investigators should consider when tasked with investigating an ARD . Administrators are encouraged to apply the recommendations from the previous articles and revise their policies , training , and officer field responses as warranted . Pre-Planning Prior to the Incident Agency administrators are encouraged to proactively develop practices and protocols prior to an incident occurring . 6 In order to appropriately respond to an ARD , agency administrators should develop policies and procedures and training which guide officers field response to a violent confrontation .
34 FALL 2021