Plain Clothes Response to Violent Encounters

1. Plain Clothes Response to Violent Encounters

2. Who is this course for? Plain Clothes Under Cover Off-Duty

3. Choices • Please consider…surviving a deadly force encounter is partly chance, but is largely due to choices we make. Generally there is an optimum way to prepare, to equip, to train, to execute. Each time you choose less than the optimum, you degrade your ability to survive. • We will offer some options and/or choices, but the choice is yours!

4. Objectives • Understand or apply the following: • Reason to Carry Concealed Handgun Reason for carry dictates: Choice of weapon Method of carry Location of carry Dress Activities Related enforcement items

5. Objectives cont’d: • Skills demonstrating proficiency in various concealed carry situations.

6. Deadly Force Defined: • “Force which is known by the actor to cause, or in manner of its use or intended use, is capable of causing, death or serious bodily injury.” • When is deadly force justified: • “to prevent death or serious bodily injury to yourself or a third person.” Texas Penal Code Title 2 Chapter 9

7. Justified uses of Deadly Force –Discussion • Aggravated Assault in Progress • Preventing Consequences of Theft at Night Time • Fleeing Felon • (Tenn. v Garner, Supreme Court) Texas Penal Code Title 2 Chapter 9

8. Tennessee v Garner – US Supreme Court 1985 • Was a case in which the Supreme Court of the US held that under the Fourth Amendment, when a Law Enforcement Officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily injury to the officer or others.

9. Reason to Carry #1 Sheep, Sheep dogs and Wolves • LtCol Dave Grossman

10. “Sheep Dogs” cont’d • Sheep are docile, follow the herd and turn a blind eye to danger. • Wolves pray on the sheep and tend to pick easy targets. • Sheep Dogs are the guardians of the flock. • Sometimes, sheep confuse wolves and sheep dogs because of appearance.

11. How do you look to responding officers and citizens? How would you react to these guys if They had a gun in hand? Take a look in the mirror before you Go out!

12. How do you look off-duty?Are you drawing attention to yourself? Look at my cop t-shirt! I’m a cop and I want everyone to know it. High Speed?

13. Nice Sticker! I’m sure the Grand Jury will love it too! Attorneys dream come true

14. Reasons to Carry #2 If not me, then who? • It is a tool of your trade. • We are Peace Officers 24/7 • Training and ability to act appropriately • Moral obligation to protect the innocent

15. Mindset • Are you legally able to carry concealed? • Are you morally/legally obliged to carry? • Are you prepared for what might happen?

16. Mindset • Is your family prepared? • Do you have a family plan? • A.D.D. • Avoid • Deny • Defend

17. Reasons to Carry #3 • When and Where does Crime Occur? • On-Duty : You respond to emergencies • Off-Duty : Emergencies come to you

18. Violence vs. Violence • When carrying a concealed handgun, once you make the decision to act, particularly if it is with deadly force, you must swiftly, aggressively and without hesitation deliver the force required to immediately stop the deadly force resistance. Remember, the only way you can overcome violence, is with a higher level of violence.

19. Job Assignment • Do you carry because of your job assignment? • Plain clothes • Undercover • Policy requirement

20. Reasons for carry • Regardless of the reason, you must become proficient with your concealed weapon. And….what makes you proficient is regular training in all aspects of concealed carry. • Have you ever trained for concealed carry?

21. Policy • What does your general orders or policies and procedures say about concealed, off-duty plain clothes or backup carry? • Are you in compliance? • Review your Departments Policy

22. Have you considered? • You might have to dress differently. • You might have to change daily living habits. • You might not drink when you go out.

23. Before the Fight How do you win a fight before it starts? Little things now make a huge difference later. Training and Planning

24. Have you considered new rules of engagement? Being in street clothing presents a whole new set of engagement issues particularly related to your personal safety. Rules of Engagement

25. Plain clothes response, what can we learn • Officer William Torbit was accidentally shot and killed by uniformed police officers after responding to a fight at a nightclub on North Paca Street at approximately 1:15 am.Officer Torbit, who was in plainclothes, was one of the first officers to arrive to a call of a large fight at a nightclub. When he arrived, he began breaking up a fight between several females. As he broke up the fight he was attacked by a group of men.At some point during the struggle with the males, Officer Torbit drew his service weapon. Responding officers, not realizing Officer Torbit was a police officer, shot and killed him. A second officer was shot and wounded in the foot during the melee.Officer Torbit had served with the Baltimore City Police Department for eight years. Police Officer William H. Torbit Jr.Baltimore City Police DepartmentMarylandEnd of Watch: Sunday, January 9, 2011 Biographical InfoAge: 33Tour of Duty: 8 yearsBadge Number: Not available Incident DetailsCause of Death: Gunfire (Accidental)Date of Incident: Sunday, January 9, 2011Weapon Used: Officer's handgunSuspect Info: Not available

26. Foot pursuit in plain clothes, what can we learn? • Police Officer Omar J. EdwardsNew York City Police DepartmentNew YorkEnd of Watch: Thursday, May 28, 2009 • Biographical InfoAge: 25Tour of Duty: 2 yearsBadge Number: 12734 • Incident DetailsCause of Death: Gunfire (Accidental)Date of Incident: Thursday, May 28, 2009Weapon Used: HandgunSuspect Info: Not available • Officer Omar Edwards was shot and killed in a case of mistaken identity while attempting to arrest a man who he caught breaking into his car.Officer Edwards, who was in plainclothes, had just finished his shift and was returning to his personal vehicle when he observed a man going through the vehicle and attempted to arrest him. The man broke free and fled on foot as Officer Edward chased him with his gun drawn.Three officers driving by observed Officer Edwards chasing the suspect and made a U-turn to follow them. One of the officers exited the patrol car and opened fire, striking Officer Edwards.He was transported to Harlem Hospital Center where he succumbed to his wounds.Officer Edwards had served with the New York City Police Department for two years and was assigned to the Housing Bureau Impact Response Team. He is survived by his wife and two young children.

27. Breaking up the fight • Detective Christopher Alexander RidleyMount Vernon Police DepartmentNew YorkEnd of Watch: Friday, January 25, 2008 • Biographical InfoAge: 23Tour of Duty: 1 yearBadge Number: 2174 • Incident DetailsCause of Death: Gunfire (Accidental)Date of Incident: Friday, January 25, 2008Weapon Used: HandgunSuspect Info: Not available • Detective Christopher Ridley was shot and killed after being mistaken for a suspect in White Plains, New York. Detective Ridley was off duty when he observed a fight between two homeless men near the intersection of Court Street and Martine Avenue at approximately 5:00 pm. He exited his vehicle and attempted to break up the fight, but was then violently attacked by the aggressor. During the struggle, Detective Ridley's handgun fell to the ground and discharged, attracting the attention of two Westchester County police officers who were in an adjacent county building.The two officers approached the scene as Detective Ridley picked up his weapon from the ground. Not realizing that Detective Ridley was a police officer, the two officers ordered him to drop his weapon and then fired when he did not comply, fatally wounding him.Detective Ridley had served with the Mount Vernon Police Department for 1 year. He was posthumously promoted to the rank of detective. He is survived by his mother and father.

28. OCD, op order thoughts? • Special Agent Barry Lee BushUnited States Department of Justice - Federal Bureau of InvestigationU.S. GovernmentEnd of Watch: Thursday, April 5, 2007 • Biographical InfoAge: 52Tour of Duty: 20 yearsBadge Number: Not available • Incident DetailsCause of Death: Gunfire (Accidental)Date of Incident: Thursday, April 5, 2007Incident Location: New JerseyWeapon Used: Officer's rifleSuspect Info: Not available • Special Agent Barry Bush was shot and killed by another agent while he and other agents conducted surveillance on a group of three suspects wanted for robbing several banks in central New Jersey.On April 7th FBI agents followed the suspected robbers to an area around Readington Township, NJ where the robbers were casing several banks. As two of the robbers pulled into a PNC Bank parking lot in a vehicle stolen earlier that morning, a third robber parked his vehicle across the street from the PNC Bank and acted as a lookout. As FBI SWAT team members converged on the stolen vehicle at the PNC Bank, Special Agent Bush and his team were advised to arrest the lookout across the street from the PNC Bank. Special Agent Bush's vehicle arrived at the lookout vehicle and he positioned it pointing at the passenger's side of the lookout vehicle. FBI SWAT team members also arrived at the location and as Special Agent Bush began to exit his vehicle, a FBI SWAT team member, believing Special Agent Bush was a robber, fired three times, striking Special Agent Bush once in the right shoulder and mortally wounding Special Agent Bush.Two of suspects were apprehended immediately, and the third was apprehended the next day.Special Agent Bush had served with the Federal Bureau of Investigation for 20 years. He is survived by his wife and two children.

29. Op Orders • Corporal Mario Roberto JenkinsUniversity of Central Florida Police DepartmentFloridaEnd of Watch: Saturday, September 24, 2005 • Biographical InfoAge: 29Tour of Duty: 4 yearsBadge Number: 14 • Incident DetailsCause of Death: Gunfire (Accidental)Date of Incident: Saturday, September 24, 2005Weapon Used: Officer's handgunSuspect Info: Sentenced to 6 months. • Corporal Mario Jenkins was shot and killed by an Orlando police officer who mistook him for an armed suspect at a University of Central Florida football game.He was working a plainclothes assignment with other university police and Florida Division of Alcoholic Beverages and Tobacco agents, to combat under age drinking at the football game.Corporal Jenkins had approached a group of students and identified himself as a police officer. As he began to question them, the students became belligerent and a scuffle ensued. During the scuffle, Corporal Jenkins' service weapon was discharged. The shots attracted the attention of a nearby Orlando police officer who immediately responded to the scene. The officer, unaware of Corporal Jenkins' identity, fired three shots and mortally wounded him.On February 2, 2007, the suspect who started the scuffle by grabbing Corporal Jenkins was sentenced to two concurrent six months terms after pleading guilty to battering a police officer and obstructing justice.Corporal Jenkins had served with the University of Central Florida Police Department for 3 years and was posthumously promoted to the rank of corporal. He was a U.S. Marine Corps veteran and had previously served with the Clermont Police Department for 1 year. He is survived by his wife.

30. Just trying to help • Reserve Deputy Constable Nehemiah PickensHarris County Constable's Office - Precinct 6TexasEnd of Watch: Tuesday, July 5, 2005 • Biographical InfoAge: 33Tour of Duty: 4 yearsBadge Number: Not available • Incident DetailsCause of Death: Gunfire (Accidental)Date of Incident: Tuesday, July 5, 2005Weapon Used: HandgunSuspect Info: Apprehended • Reserve Constable Nehemiah Pickens was shot and killed by a Harris County Sheriff's Department deputy when he was mistaken for an armed subject during a foot pursuit. Deputies from the county's sheriff's department had chased a vehicle to an apartment complex where Reserve Constable Pickens was working a second job as a plainclothes security guard.When Reserve Constable Pickens observed the suspect flee from his vehicle on foot, he immediately drew his weapon and began to pursue the suspect. One of the deputies observed Reserve Constable Pickens chasing the suspect and, not knowing he was a law enforcement officer, ordered him to drop his weapon. The deputy sheriff then opened fired when Reserve Constable Pickens did not drop his weapon, striking him four times.The suspect who was being chased continued to flee but was arrested a short time later. He was not charged in connection with the shooting of Reserve Deputy Pickens, but was charged with several crimes in connection with the original pursuit.Reserve Deputy Constable Pickens had served with the Harris County Constable's Office - Precinct 6 for 4 years. He is survived by his wife, two daughters, and stepdaughter.

31. Secondary Response • Police Officer Geoffrey Breitkopf was accidentally shot and killed after being mistaken for a suspect by another police officer.Officers from the Nassau County Police Department and an officer from the Metropolitan Transportation Authority Police Department responded to a call in Massapequa Park of a man running through the neighborhood armed with several knifes. After locating the suspect, they chased him on foot into a house, where the suspect barricaded himself inside a room. The officers removed the other occupants of the house and were inside when the suspect exited and charged at the officers with a knife in his hand. The officers shot and killed the suspect.Officer Breitkopf, who was in plainclothes, responded to back-up the officers. He arrived at the scene just after the suspect had been shot and killed. He approached the house holding a rifle and was mistaken for a suspect by the Metropolitan Transportation Authority police officer, who then shot Officer Breitkopf.Officer Breitkopf was taken to Nassau University Medical Center where he died from his wound.Officer Breitkopf had served with the Nassau County Police Department for 12 years. He was assigned to the Bureau of Special Operations.Officer Breitkopf is survived by his wife and two children. Police Officer Geoffrey BreitkopfNassau County Police DepartmentNew YorkEnd of Watch: Saturday, March 12, 2011 Biographical InfoAge: 40Tour of Duty: 12 yearsBadge Number: Not available Incident DetailsCause of Death: Gunfire (Accidental)Date: Saturday, March 12, 2011Weapon Used: Officer's handgunSuspect Info: Not available

32. Blood Lessons • Responsibility to Family vs.. Duty to Act • This is your decision that needs to be made now. • Who will take care of your family if not you? • Can your family think on the move in a violent encounter? • Priority of Life • What if your family is not there? • What about other peoples families? • Have you made plans in advance? • Win the battle before it starts.

33. Sun Tzu Victorious Warriors win first and then do to war, while defeated warriors go to war first and then seek to win.

34. Blood Lessons tells us, • “if you are off-duty and/or in street clothes, and a crime is being committed in your presence, call a cop unless someone’s life is in danger.” • Risk vs. Reward • Are you equipped to safely handle the situation? • You are a trained observer, would that be better for everyone?

35. Three levels of Off-Duty Intervention Assessment • 1. Non-Critical – situation is not urgent • 2. Important – higher threat level • 3. Critical – true emergency

36. Three levels of Off-Duty Intervention Assessment • 1. Non-Critical – situation is not urgent • Officer should not risk consequences of putting himself into the situation • Call 911 • Continue to access the situation and gather accurate information until on-duty officers respond

37. Three levels of Off-Duty Intervention Assessment • 2. Important – higher threat level • Example: On-duty officers might need your help but do not know who you are • Consider that the on-duty officer might think you are another offender or you might be a distraction to the officer • If you become involved, be mindful of other offender(s) in surrounding area that might target you as a threat

38. Three levels of Off-Duty Intervention Assessment • 3. Critical – true emergency • A situation in which law enforcement intervention is required to prevent someone from being seriously injured or killed

39. Casino’s Choice • $1.5 million Stolen from Casino! • Patrons Killed in Casino Firefight! • Subject arrested soon after.

40. The reason why you are carrying a concealed handgun will determine the level of concealment. How and where your weapon is concealed effects your ability to quickly and accurately put shots on your target.

41. Matching the right handgun to the right holster may be critical to your survival.

42. .45 vs. .40 vs. 9mm • What are you confident with? • Can you hit your target? • Will you need to reload? • Extra magazines vs. high capacity • Stopping Power! Cause they don’t make a .46 • Too Big! vs. too little

43. Better than nothing…if that’s what your willing to live with.

44. Holsters All concealment holsters should: • Hold weapon in place • Allow for one-hand re-holstering • Non-collapsible Cant and Placement are crucial

45. Reason for carry may dictate the need to also carry Related Enforcement items….such as: • Extra Ammo • Badge and ID • Handcuffs • Flashlight • Knife • etc

46. If you knew you where going to get into a gunfight, what would you have with you? What are you willing to carry daily?

47. Go-Bags Do you carry this all the time? Where is it now? If it’s not on Your body Then don’t Count on Having it During a Fight!

48. Target Zones • There is not standard target zone in a gun battle. • Target acquisition will often be that small area of opportunity which presents itself. • Remember, first shot to hit flesh will usually determine outcome of a gun fight.

49. Stance • There is no standard stance in a gun battle. • Two hand grip, one hand unsupported, 90/180 pivot, strong-side/weak-side • Remember, first shot to hit flesh will usually determine outcome of a gun fight.

50. Number of Shots • There is no standard number of rounds to be fired in a gun battle. • Put as many rounds into your adversary as required to stop the threat. • Remember, first shot to hit flesh will usually determine outcome of a gun fight.