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Criminal Justice Recent Scholarship Edited by Marilyn McShane and Frank P. Williams III A Series from LFB Scholarly This page intentionally left blank Police Shootings and Citizen Behavior James P. McElvain LFB Scholarly Publishing LLC El Paso 2009 Copyright © 2009 by LFB Scholarly Publishing LLC All rights reserved. Library of Congress Cataloging-in-Publication Data McElvain, James P., 1964Police shootings and citizen behavior / James P. McElvain. p. cm. -- (Criminal justice : recent scholarship) Includes bibliographical references and index. ISBN 978-1-59332-298-4 (alk. paper) 1. Police shootings--United States. 2. Police training--United States. 3. Police-community relations--United States. 4. Criminal investigation--United States. I. Title. HV8143.M34 2008 363.2'32--dc22 2008034681 ISBN 978-1-59332-298-4 Printed on acid-free 250-year-life paper. Manufactured in the United States of America. This book is dedicated to the Riverside County Sheriff’s Department deputies, those who put themselves in harm’s way day and night for our safety. This page intentionally left blank Table of Contents Acknowledgments ix 1. Police Deadly Force 1 2. Understanding Police use of Force 15 3. Research Preceding Strict Limitations 59 4. Research Following Strict Limitations 89 5. One Department and its Shootings 107 6. Alcohol, Drugs, Violent Crimes, and Police Shootings 151 7. Examination of Police Shootings 167 8. Explaining Police Shootings 179 9. Discussion and Implications 193 References 205 Index 215 vii This page intentionally left blank Acknowledgements As a law enforcement officer with more than 22 years of experience, and one who has investigated or supervised the investigation of more than 50 police shootings, I believed citizen behaviors contributed to officer-involved shootings; however, there was very little research to confirm this idea. With encouragement and careful review of this manuscript by Augustine Kposowa, Robert Nash Parker and Kirk Williams, my research idea came to fruition. For each of their part, especially Augustine’s guidance through the analysis, I am indebted to them. I would also like to thank Jason B. Horton for his careful proofreading of this manuscript. I am also indebted to the Riverside County Sheriff’s Department for providing me access to some very rich data. Many law enforcement agencies hesitate to open their doors to research. As an insider, I believe I was trusted; as a researcher, I hope this examination of the data develops a relationship that encourages other departments to follow suit. Finally, I wish to thank my wife, Penny McElvain, for her patience and support. She is a truly forgiving person despite the long hours I spend working as a commander for a large sheriff’s station, my extensive involvement in our community, and on-going teaching assignments. ix This page intentionally left blank CHAPTER 1 Police Deadly Force In previous police deadly force research, the focus has been primarily on officer decision-making, policies, frequency of incidents, and race/ethnicity of the citizen versus the officer. In spite of what has been already learned, as well as efforts made in prior studies, much remains a mystery to those interested in the field of study. More specifically, very little is known about the effects of citizen behaviors as they relate to police shootings. As a result of past research practices, there may be an assumption that police shootings occur in spite of the actions or behaviors of the citizen. Said differently, some people may contend