Upon every OIS or in-custody death, a Criminal Investigation is initiated focusing on whether the member's use of force was justified within state law. The best of our best, represented by our Mesa Homicide Unit is called to the scene to collect the facts. In the circumstances where the incident occurred outside the City of Mesa, the local jurisdiction will lead the Criminal Investigation. Witnesses are identified and interviewed including the public, officers, and secondary witnesses with relevant information. Evidence is collected and evaluated from body-worn cameras, witness videos, forensic, and other physical evidence.

The criminal investigation is typically hundreds of pages long including photographs, reconstruction of the scene, laboratory analysis of evidence, an inspection of the member's service weapon, and of course, witness interviews. The findings of the investigation are delivered to the Maricopa County Attorney's Office for a final review. The Maricopa County Attorney's Office will review the entire case and determines if the use of force was justified per Arizona Revised Statutes or if criminal charges are appropriate.

Upon every OIS or in-custody death an Administrative Investigation is begun at the same time as the criminal investigation process. This is conducted by our Professional Standards Unit (Internal Affairs) and by subject matter experts (SMEs) in the use of force from our Training Unit. To protect the department member's civil rights, the Administrative Investigation is conducted separately from the Criminal Investigation.

The job of the Professional Standards Unit is to determine if the member's actions were within department policy. Often Mesa Police Department's policies are more restrictive than the state law. The Training Unit is also involved to identify if there were any training deficiencies, if tactics were appropriate for the circumstance, if there is a need for increased department training in an area, or if there was a malfunction in department equipment or need for alternative equipment.

The Mesa Police Department will always initiate the First Responder protocols established by the Maricopa County Attorney's Office (MCAO) with every OIS or in-custody death. The primary duty of the County Attorney is to analyze the criminal investigation, review the evidence, and determine whether any violation of state law occurred. A MCAO attorney will respond to the scene to ensure there is an objective and biased-free investigation.

At the Criminal Investigation conclusion, a formal report will be submitted by the Mesa Police Homicide Unit or other investigating agency to MCAO. MCAO will have the final decision if the member acted in conformity with applicable state and/or federal law. For further information on the MCAO role, click here.

The Critical Incident Review Board (CIRB) meets following the Administrative Investigation's conclusion to review the entire incident and make recommendations to the Chief of Police. The membership of the CIRB is composed of three civilian members and five department members of varying ranks and expertise.

During Critical Incident reviews, the CIRB will evaluate the following: decision-making, tactics used, the use of force, and supervision. The CIRB may also be asked by the Chief of Police to review matters of heightened community interest or concern. The CIRB will identify training needs for the member, a squad, unit, or department; the need for policy changes or practices; or express an opinion about policy violations.