As expected, the post ‘Views from Chester Streets on the Daniel Simms Cop Killing’ has generated a lot of response but not all in the form of comments directly to the post.
For the professionals who know how these situations are handled, there is concern that the misinformation on the streets often confuses people regarding the work that is being done to conduct a complete investigation.
Without revealing my source, I will share important information they sent to me that helps explain how an investigative process works in the case of a police shooting.
What is a homicide?
Because the coroner reports that this shooting is a homicide doesn’t mean that the person should be treated like anyone else charged with homicide - arrested and put in jail.
First, a coroner can only determine the manner of death which can only be in four categories:
- natural causes
- undetermined
- suicide (death caused by the deceased)
- homicide (death caused by another).
Criminal Charges
Only law enforcement can file criminal charges, not the coroner. The charges that could be filed are
- "criminal homicide" classified as murder (1st, 2nd or 3rd)
- voluntary manslaughter
- involuntary manslaughter.
Police Shootings are treated differently
In this situation, the shooter was a police officer on duty in full uniform. His being on duty triggers an evaluation into his "use of force".
By law, police officers on duty do get treated differently than a regular citizen.
The law requires an initial evaluation as to whether the use of force was justified. To make this determination the District Attorney’s office does an investigation.
This investigation requires them to consider information from the coroner.
What stage is the investigation in now?
Right now, the coroner's report has not been completed. Also, they are still waiting for the ballistics, DNA, and toxicology reports.
They have also tried to speak to any and all witnesses. In addition, the feds-ATF are investigating the gun recovered.
District Attorney Green has reached out to the State Police and requested a 3D reenactment of the scene.
The State police were out on Friday taking aerial shots and ground measurements.
A Long Investigation is expected
This will be a thorough investigation. There is no hidden agenda to delay the decision.
For those of you familiar with the July 4th shooting in Trainer, the DA’s office is still waiting for the coroner's report from the police involved in that situation.
As with all cases, the DA’s office prides themselves in getting these evaluations right and to be able to support any decision with facts and science.
They realize that whatever the outcome, there are always people who will not be happy, satisfied or just angry with any decision they make.
Click HERE for the The Role of the Special Investigation Unit of the Office of the District Attorney, Delaware Country
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