Review of Shooting Incidents in the Department of Justice

E & I Report I-2004-010
September 2004


APPENDIX V: ATF RESPONSE

    U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Office of the Director
Washington, DC 20226
SEP 7 2004
 
MEMORANDUM TO: Assistant Inspector General for Evaluations and Inspections  
 
FROM: Director  
 
SUBJECT: Response to the Office of the Inspector General's (OIG) Draft Report: Review of Shooting Incidents in the Department of Justice, Assignment Number A-2004-004  

This memorandum serves to transmit the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) official response to the findings and recommendations contained in the above-cited draft report. The response is attached to this correspondence.

A law enforcement sensitivity review disclosed no information that should not be released to the general public pursuant to the Freedom of Information Act, the Trade Secret Act, or any other applicable law or policy.

Should you have any questions or need additional information regarding this response, please contact Ms. Carol Campbell, Audit Liaison, at 202-927-8276. Attachment

(Signed)
Carl J. Truscott


Attachment



ATF Response to the
Office of the Inspector General's Draft Report:
Review of Shooting Incidents in the Department of Justice

Findings: The report states that the "most significant weakness we noted was the components' failure to uniformly apply the standard for determining the reasonableness of the use of deadly force." It further states that: "The ATF, DEA, and FBI (Review Boards) looked at the 'reasonableness' of the LEO's (law enforcement officer's) belief that the suspect posed an imminent threat at the moment that deadly force was used. The USMS Review Board considered the reasonableness of the Deputy Marshal's actions as a whole, including the actions that created the necessity for deadly force." The report goes on to state: "A main purpose for reviewing shooting incidents is to ensure that LEOs use deadly force only when necessary to protect themselves and the public."

Response: With respect to ATF's Shooting Incident Review Board, the Board makes "findings relative to the following issues: use of force, compliance with Bureau policies and directives, and determinations of wrongful or inappropriate action." (ATF Order 8200.3A, paragraph 16b.) While it is true that ATF's Review Board initially looks at whether the agent had a reasonable belief that the suspect posed an imminent danger of death or serious physical injury to the agent or another person, ATF's Review Board also looks at the totality of the incident to determine whether there was any wrongfu1 or inappropriate action on the part of their employee.

Recommendation for the Department of Justice: Establish a working group to consider uniform Department standards for the components' shooting incident reviews.

Response: ATF concurs with this recommendation. ATF's Shooting Review Coordinator, or his designee, will represent A TF at working group meetings to share data and lessons learned and to discuss whether uniform Department standards for the components' shooting incident reviews should be considered.

Recommendation for ATF: Establish a formal reporting relationship with the Civil Rights Division (CRD).

Response: ATF concurs with this recommendation. ATF's Shooting Review Coordinator has already entered into a dialogue with CRD attorneys regarding this matter. ATF will work with them to establish guidelines for determining which incidents should be reported and how they should be reported. The guidelines will also set forth requirements for the CRD response.

Recommendation for ATF: Improve the documentation of Review Board findings and recommendations.

Response: ATF concurs with this recommendation. ATF has always documented the discussions, findings, and any appropriate related recommendations of its Shooting Incident Review Board in the form of a memorandum to senior management officials. Actions have already been taken to revise that memorandum to include greater detail in the areas of findings and recommendations. In addition, the actions taken or planned as the result of a recommendation from the Board will now be tracked separately.