Review of Shooting Incidents in the Department of Justice

E & I Report I-2004-010
September 2004

On August 9, 2004, the Office of the Inspector General (OIG) sent copies of the draft report to the Drug Enforcement Administration (DEA) with a request for written comments. The DEA responded to the OIG in a memorandum dated September 1, 2004. The DEA concurred with all of the recommendations made in the report. Our analysis of the DEA's response follows.

RECOMMENDATIONS

Recommendation 3A: Improve the consistency and timeliness of shooting incident reports.

Summary of DEA Response. The DEA concurred with the recommendation and plans to issue a teletype by October 1, 2004, to its field offices reaffirming the existing policy requirements to consistently report shooting incidents on a timely basis. The DEA has instituted an incremental reporting system consisting first of an immediate telephone notification to DEA Headquarters. For shooting incidents declared critical incidents by the Chief of Operations, developments at the shooting scene are transmitted via facsimile within six hours of the incident to DEA Headquarters. All shooting incidents require a written summary of events within a 24-hour period to DEA Headquarters, with regular follow-up reporting to DEA offices investigating the shooting incidents as deemed necessary. The incremental reports allow the DEA to manage shooting incidents through ongoing communication.

Status of Recommendation. Recommendation 3A is Resolved - Open. The actions planned by the DEA are responsive to the recommendation. We will close this recommendation when the DEA provides a copy of the teletype and documentation of its incremental reporting system.

Recommendation 3B: Ensure compliance with its Civil Rights Division (CRD) reporting agreements.

Summary of DEA Response. The DEA concurred with this recommendation and indicated that it plans to improve internal procedures to ensure that all incidents resulting in injury or death are reported to the CRD. The Office of Professional Responsibility (OPR) will continue to serve as the responsible office for coordination with the CRD as outlined in the September 12, 2000, agreement. To further ensure compliance, DEA Headquarters Command Center will modify its notification protocols to include the OPR on all shooting incidents, and not only those involving injury or death.

Status of Recommendation. Recommendation 3B is Resolved - Open. The actions planned by the DEA are responsive to the recommendation. We will close this recommendation when the DEA provides a copy of its modified notification protocols.

Recommendation 3C: Consider changing the composition of its Review Board and including outside members on its Review Board.

Summary of DEA Response. The DEA concurred with this recommendation, and DEA executive staff will consider modifying the composition of the Shooting and Assault Incident Review Committee (Review Board).

Status of Recommendation. Recommendation 3C is Resolved - Open. The action planned by the DEA is responsive to the recommendation. We will close this recommendation when the DEA informs us of the results of its reconsideration of the Review Board's membership.

Recommendation 3D: Improve documentation of Review Board findings and recommendations.

Summary of DEA Response. The DEA concurred with this recommendation and plans for the Office of Inspections to immediately include appropriate recommendations, lessons learned, and other observations in Review Board memoranda to Special Agents in Charge.

Status of Recommendation. Recommendation 3D is Resolved - Open. The action planned by the DEA is responsive to the recommendation. We will close this recommendation when the DEA provides memoranda documenting the decisions made in the cases considered at the next meeting of the Review Board.

Recommendation 3E: Improve the timeliness of reviews of shooting incidents.

Summary of DEA Response. The DEA concurred with this recommendation, and the Office of Inspections plans to schedule Review Board meetings every 90 days. The DEA attributed the lengthy review times to the fact that the DEA does not have personnel dedicated solely to investigating shooting incidents. Nonetheless, the DEA acknowledged that it can reduce the length of time taken to complete reviews.

Status of Recommendation. Recommendation 3E is Resolved - Open. The action planned by the DEA is responsive to the recommendation. We will close this recommendation when the DEA submits a schedule and record of the Review Board meetings held from September 2004 through September 2005.