About the Boulder County Investigation Team
In 2015, the Colorado legislature passed a measure requiring all law enforcement agencies and District Attorney’s Offices to develop a protocol for participating in a multi-agency team to conduct the investigation, or review, of incidents involving the discharge of a firearm by a peace officer resulting in injury or death.
Pursuant to statute and protocol, Boulder County has designated a Boulder County Investigation Team (BCIT) to respond to every officer-involved shooting that results in injury or death. This team is comprised of dedicated and experienced multi-agency law enforcement personnel to ensure an objective and thorough investigation is completed in these cases. The BCIT goes beyond the requirements of state law and is involved in investigating use of force incidents in which law enforcement officers used deadly, or potentially deadly, physical force against a person in the course of their law enforcement duties. The District Attorney’s Office plays an active role in assisting the BCIT. The agency involved does not play an active role in the investigation. Once the investigation is complete, the BCIT presents their findings to the District Attorney.
Decision Letters
When an officer-involved shooting occurs, the District Attorney is responsible for determining whether criminal charges should be filed; whether criminal charges should not be filed or whether to present the case to the Grand Jury for an indictment decision. If the District Attorney decides not to file criminal charges, the District Attorney releases a decision letter of the findings.
Visit the District Attorney’s Officer-Involved Shootings Decision Letters page to view the documents.
Grand Jury Investigations
The District Attorney may refer the officer-involved shooting case to the Grand Jury. If the matter is referred to the Grand Jury, under current law, the DA releases a statement disclosing that the matter is being referred to the Grand Jury and discloses the general purpose of the Grand Jury’s investigation. After a thorough and confidential investigation, the Grand Jury can either:
- issue a “True Bill” reporting probable cause exists for an indictment;
- issue a “No True Bill” reporting no probable cause exists for an indictment and a public report detailing the findings of their investigation.
Grand Jury proceedings are confidential, meaning that the public is prohibited from entering the proceedings; there is no release of witness testimony and/or names; and evidence collected and/or presented remains confidential even after the proceedings are concluded. This secrecy remains in place until an indictment is returned or a public report is issued and is made public pursuant to law.
Please visit the Grand Jury Investigations of Officer Involved Shootings: Public Reports to view the reports.
Statute
Information on the Peace Officer-Involved Shooting Investigations: C.R.S. 16-2.5-301 and C.R.S. 20-1-114.
Statute 16-2.5-301:
(1) Each police department, sheriff’s office, and district attorney within the state shall develop protocols for participating in a multi-agency team, which shall include at least one other police department or sheriff’s office, or the Colorado bureau of investigation, in conducting any investigation, evaluation, and review of an incident involving the discharge of a firearm by a peace officer that resulted in injury or death, or other use of force by a peace officer that resulted in death. The law enforcement agencies participating need not be from the same judicial district.
(2) Each law enforcement agency shall post the protocol on its website or, if it does not have a website, make it publicly available upon request. The protocols required by this section shall be completed and implemented by December 31, 2015.
Statute 20-1-114:
(1) The district attorney shall, if no criminal charges are filed following the completion of an investigation pursuant to section 16-2.5-301, C.R.S., release a report and publicly disclose the report explaining the district attorney’s findings, including the basis for the decision not to charge the officer with any criminal conduct. The district attorney shall post the written report on its website or, if it does not have a website, make it publicly available upon request.
(2) If the district attorney refers the matter under investigation to the grand jury, the district attorney shall release a statement at the time the matter is referred to the grand jury disclosing the general purpose of the grand jury’s investigation. If no true bill is returned, the grand jury shall issue and publish a report.
(3) All disclosures required by this section remain subject to the criminal justice records act.
Policies and procedures
The Memorandum of Understanding is a document agreed upon by the various law enforcement agencies and the District Attorney’s Office for policies regarding the Boulder County Investigation Team.
