The killings of Renee Good and Alex Pretti in Minnesota were tragic, horrific and maddening to watch. Tragic because two lives ended during encounters with federal law enforcement. Horrific because we all have seen the terrible chain of events that led to these deaths captured by bystanders using their phones. The recent use-of-force incidents involving U.S. Immigrations and Customs Enforcement have shaken public confidence in how deadly force by federal officers is investigated. When law enforcement uses lethal force, the integrity of the investigation that follows is as important as the incident itself.
As district attorneys overseeing large jurisdictions in Colorado, we have significant experience investigating officer-involved shootings. And because we know what should occur after such an incident, watching what happened in Minneapolis was maddening. First, the federal government deliberately sought to mislead the public about the facts of each incident. Second, prior to any semblance of an independent investigation, federal officials publicly announced the shootings were justified. Third, federal agents removed evidence and witnesses from the scene and thereby thwarted a comprehensive investigation by state and local law enforcement. Fourth, the federal government initially declared the Department of Homeland Security would investigate their own actions despite the clear conflict of interest. Finally, there were deliberate misstatements about whether ICE agents had absolute immunity for criminal acts — they do not. All these actions run counter to established protocols for a professional, impartial response to an officer-involved shooting.
In Colorado, we require an independent investigation whenever a police officer uses deadly physical force against another human being. As members of Congress look to address the use of force by ICE, we urge Congress to look to Colorado’s protocols as a model.
To prevent officer-involved shootings, there must first be robust training on appropriate use of force. In Colorado, this training is rigorous, takes several months to complete and is consistent throughout the state. Recruitment, training and retention requirements develop the highest possible standards. Unlike law enforcement agencies in Colorado, however, ICE has reduced their training requirements from several months to a few weeks. This is wholly inadequate, and the consequences have been deadly.
All federal law enforcement officers should wear body-worn cameras. In Colorado, we require law enforcement to wear body cameras, which has improved transparency and our pursuit of justice in criminal cases. Indeed, most law enforcement officers now welcome having to wear body-worn cameras because the recordings are helpful evidence and can disprove false claims of officer misconduct.
When a police officer uses deadly force in Colorado, an independent, multi-agency team conducts the investigation. And, to protect the integrity of the investigation, the agency that employs the officer who used force does not have a role in the investigation. This should be done at the federal level, as well. The results of this model are clear. In Boulder County, for example, the sheriff notified the multi-agency team after a young man died in the custody of his agency. Based on the independent team’s investigation, the District Attorney’s Office filed criminal charges. The case went to trial and each of the deputies was convicted and sentenced to prison. This shows how an independent, multi-agency investigation works. We should require this at the federal level, as well.
Finally, following any such investigation in Colorado, the result of the independent investigation is shared publicly. This includes the sharing of video and other evidence. Additionally, the district attorney must release a written summary of the investigation and what led to their decision regarding whether to charge the involved officer. The community’s trust in the justice system hinges on this impartial and transparent investigation as well as a clearly communicated decision about criminal charges. The federal debacle in Minnesota undermines the community’s trust in these investigations at all levels. It’s time for the federal government to follow the same standards we follow in Colorado.
The deliberate misstatements and actions by the federal government underscore the need for state and local prosecutors to be prepared. Until federal immigration officers have adequate training, use body-worn cameras, employ independent investigations and ensure legal consequences for criminal activity, it is incumbent upon states to embrace this important responsibility. Colorado has developed a model that Congress should adopt for ICE. Until Congress meets the moment, state and local prosecutors will be called upon to do justice — and must answer that call.
— By District Attorney Michael Dougherty, 20th Judicial District, and District Attorney Brian Mason, 17th Judicial District