FBI Releases 2019 Internet Crime Report

Internet-enabled crimes and scams show no signs of letting up, according to data released by the FBI’s Internet Crime Complaint Center (IC3) in its 2019 Internet Crime Report. The last calendar year saw both the highest number of complaints and the highest dollar losses reported since the center was established in May 2000.

IC3 received 467,361 complaints in 2019—an average of nearly 1,300 every day—and recorded more than $3.5 billion in losses to individual and business victims. The most frequently reported complaints were phishing and similar ploys, non-payment/non-delivery scams, and extortion. The most financially costly complaints involved business email compromise, romance or confidence fraud, and spoofing, or mimicking the account of a person or vendor known to the victim to gather personal or financial information.

Donna Gregory, the chief of IC3, said that in 2019 the center didn’t see an uptick in new types of fraud but rather saw criminals deploying new tactics and techniques to carry out existing scams.

“Criminals are getting so sophisticated,” Gregory said. “It is getting harder and harder for victims to spot the red flags and tell real from fake.”

While email is still a common entry point, frauds are also beginning on text messages—a crime called smishing—or even fake websites—a tactic called pharming.

“You may get a text message that appears to be your bank asking you to verify information on your account,” said Gregory. “Or you may even search a service online and inadvertently end up on a fraudulent site that gathers your bank or credit card information.”

Individuals need to be extremely skeptical and double check everything, Gregory emphasized. “In the same way your bank and online accounts have started to require two-factor authentication—apply that to your life,” she said. “Verify requests in person or by phone, double check web and email addresses, and don’t follow the links provided in any messages.”

“Criminals are getting so sophisticated. It is getting harder and harder for victims to spot the red flags and tell real from fake.”

Shifts in Business Email Compromise

Business email compromise (BEC), or email account compromise, has been a major concern for years. In 2019, IC3 recorded 23,775 complaints about BEC, which resulted in more than $1.7 billion in losses.

These scams typically involve a criminal spoofing or mimicking a legitimate email address. For example, an individual will receive a message that appears to be from an executive within their company or a business with which an individual has a relationship. The email will request a payment, wire transfer, or gift card purchase that seems legitimate but actually funnels money directly to a criminal.

In the last year, IC3 reported seeing an increase in the number of BEC complaints related to the diversion of payroll funds. “In this type of scheme, a company’s human resources or payroll department receives an email appearing to be from an employee requesting to update their direct deposit information for the current pay period,” the report said. The change instead routes an employee’s paycheck to a criminal.

The Importance of Reporting

“Information reported to the IC3 plays a vital role in the FBI’s ability to understand our cyber adversaries and their motives, which, in turn, helps us to impose risks and consequences on those who break our laws and threaten our national security,” said Matt Gorham, assistant director of the FBI’s Cyber Division. “It is through these efforts we hope to build a safer and more secure cyber landscape.” Gorham encourages everyone to use IC3 and reach out to their local field office to report malicious activity.

Rapid reporting can help law enforcement stop fraudulent transactions before a victim loses the money for good. The FBI’s Recovery Asset Team was created to streamline communication with financial institutions and FBI field offices and is continuing to build on its success. The team successfully recovered more than $300 million for victims in 2019.

Besides stressing vigilance on the part of every connected citizen, the IC3’s Donna Gregory also stressed the importance of victims providing as much information as possible when they come to IC3. Victims should include every piece of information they have—any email addresses, account information they were given, phone numbers scammers called from, and other details. The more information IC3 can gather, the more it helps combat the criminals.

In 2019, the Recovery Asset Team was paired with the Money Mule Team under the IC3’s Recovery and Investigative Development Team. This effort brings together law enforcement and financial institutions to use the data provided in IC3 complaints to gain a better view of the networks and methods of cyber fraudsters and identify the perpetrators.

The new effort allowed IC3 to aggregate more than three years of reports to help build a case against an active group of criminals who were responsible for damaging crimes that ranged from cryptocurrency theft to online extortion. The ensuing investigation by the FBI’s San Francisco Field Office resulted in the arrest of three people.

Read the full 2019 Internet Crime Report. To stay up to date on common online scams and frauds or report a crime, visit ic3.gov.

The safest place to be in a vehicle ambush attack

​Many people fail to recognize that angled, windshield glass is a formidable obstacle. (Photo/Houston Police)​Have a plan, should you come under attack when in a vehicle. 

In any given year, roughly half of all police-involved shootings take place from or around vehicles. More recently, we have seen a dramatic spike in incidents where law enforcement officers ​​have been the victims of unprovoked attacks while sitting in their marked vehicles.

This disturbing trend has caused those of us involved in training to take a hard look at how we are preparing our officers for the possibility of an ambush attack. A logical first step is revisiting the topic of mindset and mental conditioning. The harsh reality is bad things often happen to good people and law enforcement officers need to come to terms with the fact that they could be targeted for attack.

STAYING SWITCHED ON

Awareness is the first cornerstone of a positive mindset and many such ambush incidents can be averted if we stay switched on. I recognize, of course, it is especially difficult to maintain a constant state of Condition Yellow over the course of a long day and we simply can’t view every citizen we come in contact with as a deadly threat. Although a great many citizen interactions might be best categorized as service calls, keep that radar up. Recognize that situations can flip in the blink of an eye and trust your sixth sense. If things don’t seem right, they probably aren’t.

Sound tactics, while in the vehicle, are yet another component of the safety net. If an attack is imminent or ongoing, drive away. But what if an obstacle or traffic makes this impossible? What if the threat is just a few feet away and is bringing his or her weapon to bear?

TESTING DEFENSE TACTICS

Recently, I had the opportunity to attend an eight-hour program on vehicle defense tactics which was sponsored by the International Association of Law Enforcement Firearms Instructors. This block of instruction focused on how to effectively fire from a vehicle, exit the kill zone and exactly what parts of contemporary vehicles represent true cover. We were also afforded the opportunity to fire a few different rounds utilized for law enforcement applications at vehicles and to assess the results.

Many diverse materials make up modern vehicles, including various types of metal, plastic, rubber and glass. It’s probably a safe bet that today’s cars are smaller and lighter than the heavy metal American-made cars of the ‘60s and ‘70s. We were all curious to see exactly what, if any, protection a vehicle could provide against incoming fire.

First, let’s consider glass. Many people fail to recognize that angled, windshield glass is a formidable obstacle. Windshields are made of laminated glass and a bullet impact will cause it to crack and spider web, but not shatter. Windshields often play havoc with bullet performance and results could include jacket/core separation, deflection from the point of aim and inconsistent expansion qualities. Side windows are made of tempered glass and a single bullet impact will typically cause them to shatter.

During the seminar, a few different handgun, rifle and shotgun rounds were fired at vehicle windshields and doors. A target was placed on the passenger seat to determine if the rounds fired deviated from the point of aim. It should hardly be a surprise that all the rounds fired penetrated and struck the target. Both a non-bonded 9mm jacketed hollowpoint and a .223 Remington soft point exhibited signs of jacket failure, but still struck the targets. Handgun rounds featuring a bonded bullet, rifled slugs and a .223 Remington round traveled true to the target without any issues.

Firing at an open door did produce some surprising results. A casual observer might consider that the sheet metal of a car door wouldn’t be much of a barrier, but there is a lot more to the door than meets the eye. Car doors contain windows, electric motors, locks, brake stays, lift mechanisms, as well as inner panels and arm rests.

In the test, four different handgun rounds were fired from a distance of 10 yards at a door open approximately 45 degrees. Rounds included two examples each of 9mm and .45 ACP, with both bonded and non-bonded bullets. A single example of each round was fired at the open door.

The most surprising result was that none of the handgun rounds penetrated the door. This was by no means an exhaustive test nor am I suggesting that car doors are bulletproof. But based on this informal test, and what we’ve witnessed in actual police action shootings, even the best handgun rounds are “iffy” penetrators on car doors. On the other hand, both the .223 Remington rounds and 12-gauge rifled slugs  easily penetrated the door.

TAKEAWAYS FROM TESTING TACTICS

So what can we learn here? While not true cover, a door might provide some limited ballistic protection in a frontal attack. Exit the kill zone, stay low and move to better cover at the rear of the car and beyond. Doors provide absolutely no protection from centerfire rifle rounds and shotgun slugs. But this cuts both ways. If you absolutely need to get inside a motor vehicle by punching through a door or windshield, rifled slugs have no peer. For rifles, consider one of the popular barrier breaching rounds from the major manufacturers.

If you have to shoot through the windshield while sealed behind the wheel, a well-designed bullet will punch through the glass, track true and expand when it strikes the threat. Again, premium quality rounds specifically designed for law enforcement applications are readily available and performance is light years beyond what it was a generation ago.

True cover in a vehicle remains the engine block and brake drums. But taking a good defendable position behind them can be difficult. If and when possible, move to better cover away from your vehicle. At the very least, your vehicle could provide you with a measure of concealment.

Have a plan, should you come under attack when in a vehicle. Get yourself in a defendable position as soon as possible and take the fight to the assailant. That might include firing through the side windows or windshield. When working with a partner or backup, those timeless concepts of cover and contact still ring true. Define those roles and make sure somebody is watching the immediate area, as well as what is beyond. Stay switched on to stay safe.

About the author

Captain Mike Boyle served 27 years with the New Jersey Division of Fish & Wildlife, Bureau of Law Enforcement. Mike was responsible for all aspects of pre-service and in-service training and also supervised the internal affairs section of his agency. Mike has also been an assistant police academy director and continues to participate in both recruit and instructor level training. He is a certified instructor in multiple uses of force disciplines including handgun, shotgun, rifle, SMG, impact weapons and unarmed self-defense.

This story, from Policeone.com, was originally posted in 2017 but with the recent attacks on law enforcement, many times while they’re sitting in vehicles, we thought it was good to share it again.

The Stories of 14 Officers Lost in January

The last few weeks have been difficult all of us in the law enforcement community, as friends, families and co-workers mourn the loss of multiple public servants. 

Within the first month of 2020, we’ve lost a total of fourteen police officers who have passed away.   And not surprisingly, the media hasn’t had much to say about it.

Today, we take the time to honor these heroes for giving their lives for something greater.



Deputy Sheriff Sheldon Gordon Whiteman

Deputy Gordan from the Long County Sheriff’s Office in Georgia was killed while engaged in a high-speed pursuit on Thursday, January 23rd.

While only having been with the department for four months, he had previously served with the Chatham County Sheriff’s Office for four years.

Sadly, he leaves behind his wife, three children, and his father.


Police Officer Katherine Mary Thyne

Officer Thyne from the Newport News Police Department in Virginia tragically died on Thursday, January 23rd after being dragged by a vehicle for over a block.

She and her partner were investigating reports of drug activity, when they approached a vehicle on 1400 block of 16th Street.

The driver sped off, causing the officer to be dragged, and the driver crashed into a tree which pinned the officer between the vehicle and tree.

The young officer had only been on the force for a year and leaves behind her 2-year-old daughter, fiancée, mother, three brothers, and grandparents.

 

Major Angelanette Moore

Major Moore of the Virginia Peninsula Regional Jail in Virginia passed away on Thursday, January 23rd.

After serving in the jail for 20 years, she collapsed while on duty from a heart attack. Despite officers and medical staff immediately administering CPR, she could not be resuscitated.

She is survived by her husband and son.


Officer Tiffany-Victoria Bilon Enriquez & Officer Kaulike Kalama

Officer Enriquez and Officer Kalama of the Honolulu Police Department in Hawaii died on Sunday, January 19th after responding to a stabbing call at a home.

Officer Enriquez was one of the first officers who arrived at the scene to help the stabbing victim. When she approached the house where the suspect was located, she was gunned down.

She was an Air Force Reserves Veteran and served the department for seven years.

Officer Kalama later responded to the residence after Officer Enriquez was shot, and he was also shot by the suspect inside the home.

Officer Kalama had served the department for nine years and leaves behind his wife and son. Officer Enriquez is survived by three daughters and one grandson.

 
Deputy Sheriff Jarid Taylor

Deputy Taylor of the Bryan County Sheriff’s Office in Oklahoma died in a vehicular crash on Tuesday, January 14th while responding to an emergency call.

He had been with the Sheriff’s office for just under two years and is survived by his two children and fiancée.


Detective Amber Joy Leist

Detective Leist of the Los Angeles County Sheriff’s Department in California passed away on Sunday, January 12th after she was struck by an oncoming vehicle after helping an elderly woman who fell in the roadway.

While off-duty, she managed to help the woman safely across the intersection, but was struck while returning to her car.

She served with the department for twelve years and is survived by her two sons.


Police Officer Nicholas Reyna

Officer Reyna of the Lubbock Police Department in Texas was killed by another vehicle while tending to a single-car rollover on Saturday, January 11th.

Lieutenant Eric Hill of the Lubbock Fire Department was killed as a result as well. Officer Reyna had only been on the force for a year before he passed.


Police Officer Paul Dunn

Officer Dunn of the Lakeland Police Department in Florida had died as a result of crashing his motorcycle on Thursday, January 9th.

He was heading back to the police station on his department motorcycle when he struck a raised median of the roadway, causing him to be thrown from the bike.

The Marine Corps veteran had served with Lakeland Police Department for six years and had previously served with the Polk County Sheriff’s Office for 12 years. He leaves behind his wife, three children, and two stepdaughters.


Public Safety Officer Jackson Ryan Winkeler

Officer Winkeler of the Florence Regional Airport Department of Public Safety in South Carolina was shot and killed while conducting a traffic stop Sunday, January 5th.

Officer Winkeler also served as a volunteer firefighter with the Latta Fire Department prior to his passing.

He is survived by both his parents and his sisters.


Investigator Ryan D. Fortini

Officer Fortini of the New York State Police passed away from cancer on Wednesday, January 1st.

He had served the department for 16 years before retiring in 2015, and his cancer had stemmed from his assignment to the search and recovery efforts at the World Trade Center site following the 9/11 terrorist attacks.

Officer Fortini is survived by his fiancee, parents, brother, and sister.


Officer Munir “Mo” Edais

Officer Munir “Mo” Edais of the Los Gatos-Monte Sereno Police Department died unexpectedly on January 21st.

The circumstances of the officer’s death were never revealed, but he’d served with the department for 10 years and leaves behind his 2 children and one child on the way.


Investigator John Cole Haynie

Investigator John Cole Haynie of the Rockdale County Sheriff’s Office in Georgia died on Saturday, January 25th after a month-long battle with the flu.

He had served the sheriff’s office for 8 years prior to his passing. He is survived by his wife.

​​
Officer Cesar Ramirez

Officer Ramirez of the Norwalk Police Department in Connecticut passed away on January 28th after battling brain cancer.

He had served the department for 32 years prior to passing and was celebrated by his community and Norwalk Mayor Harry Rilling named December 13th as “Cesar Ramirez Day” in his honor.
 
​By Gregory Hoyt | Law Enforcement Today  lawenforcementtoday.com​​

Missouri Grants Licenses for Medical Marijuana Dispensaries

​Missouri health officials last week posted the list of recipients of the first 192 licenses to operate medical marijuana dispensaries, bringing the state closer to joining the many others that allow at least some form of marijuana use.

The Missouri Department of Health and Senior Services awarded 24 licenses in each of Missouri’s eight congressional districts, saying recipients were the top-scoring applicants that met the program’s eligibility requirements. The state received nearly 1,200 applications for dispensary licenses.

Voters made medical marijuana legal in November 2018, but because the drug must first be grown at approved sites and tested, sales aren’t expected to begin until this summer.

As of last week, the health department had issued medical marijuana identification cards to 29,457 state residents and 820 to caregivers, the Kansas City Star reported.

Licenses for testing, transporting and growing facilities were issued in December. The winning applicant for seed-to-sale facility certifications will be announced Jan. 31.​​

Bianca Sullivan told the Star that her company, Fresh Green, won licenses for two dispensaries — one in Kansas City and another in Lee’s Summit.

“I was jumping up and down,” Sullivan said. “I jumped into my husband’s arms.”

Janette Hamilton, of St. Louis, got the bad news that regulators had denied the application from her company, TriCept Wellness. She told the St. Louis Post-Dispatch that the rejection was “very frustrating” because TriCept Wellness earned the 16th highest score in the 1st Congressional District, but lower-scoring applicants were licensed.

Hamilton said the state did not explain why her application was rejected.​
 
By Associated Press | Missouri Lawyers Weekly molawyersmedia.com

Lawmakers Slam Missouri Supreme Court Over Bail Rules

​​Dozens of Missouri lawmakers have asked the state Supreme Court to undo new rules limiting when judges can impose bail, a move that was aimed at reducing court costs that can derail the lives of low-income defendants.

More than 80 legislators signed on to a letter sent by Rep. Justin Hill to Supreme Court judges this week. In it, the Republican complained that a new rule requiring judges to first consider non-monetary conditions for pretrial release went too far.

“Now, individuals who are potentially dangerous or have a history of failing to appear for court are being released on recognizance — with no conditions at all — because the rules that went into effect in July make it too difficult for judges to impose bail,” Hill wrote.

He cited one of the two convicted felons facing criminal charges over a Kansas bar shooting that killed four people. Both men allegedly involved had previous brushes with the law that could have kept them behind bars had judges and other officials made different decisions, although only 23-year-old Javier Alatorre’s case dealt with Missouri judges.

Alatorre was released from jail in September in Jackson County, Missouri, where he still faces charges of fleeing from police in a stolen vehicle. A judge released him on his own recognizance after his attorney sought to have his bail lowered.

Missouri judges are still able to set bail under the new rules if needed, but only at an amount necessary to ensure either public safety or that the defendant will appear in court. Courts may not order a defendant to pay costs associated with conditions of their release, such as the costs of an ankle monitoring bracelet, without first considering reducing or waiving those costs.

Prior court rules directed judges to impose bail only to ensure that defendants returned to court, although the Missouri Constitution gave judges leeway to deny bail or set limits on release as a way to protect victims or public safety.

During a speech before the Legislature last year, Missouri Supreme Court Judge Zel Fischer praised the changes as a way to ensure defendants are treated fairly in the justice system.

“Too many who are arrested cannot afford bail even for low-level sentences and remain in jail awaiting a hearing,” Fischer said. “Though presumed innocent, they lose their jobs, cannot support their families and are more likely to reoffend.”

Hill and other lawmakers want the new rules tossed. Hill instead proposed limiting bail for minor offenses, requiring judges to hear bail appeals quickly, and ensuring that defendants don’t stay in jail before trial for a longer period of time then the possible sentence for their alleged crime.

A spokeswoman for the Supreme Court didn’t immediately comment Friday.

By Associated Press | Missouri Lawyers Weekly molawyersmedia.com

Two Counties to Move Circuits Under Court-Backed Plan

Supreme Court Chief Justice George W. Draper III on Jan. 22 formally unveiled the judiciary’s plans to move two rural counties into new judicial circuits.

In his State of the Judiciary speech before a joint session of the Missouri House and Senate, Draper said the court system recommends moving Benton County, now part of the 30th Circuit in west-central Missouri, to the adjacent 27th Circuit. The plan also calls for Carter County, now part of the 37th Circuit in southeastern Missouri, to move next door to the 36th Circuit.

Supreme Court Chief Justice George W. Draper III discusses the plan to revise judicial circuits during his State of the Judiciary address. Photo by Tim Bommel/Missouri House

Draper said the move would reduce driving time between courthouses within the multi-county circuits, among other benefits.

“Less time behind the wheel means more time on the bench to serve our citizens,” Draper said in his speech, his first to the General Assembly since he became chief justice in July.

The proposed shifts are the result of a bill passed in 2013 that called for the Judicial Conference of Missouri to redraw circuit boundaries every 20 years, starting in 2020. Many of the current circuits have gone unchanged since 1959. The law requires the boundaries to be based on such factors as judges’ workloads and the geography and population of the circuits.

Under the plan, the court-drafted circuit map would go into effect automatically on Jan. 1, unless lawmakers vote to reject the changes. Increasing or reducing the number of judges or circuits remains the legislature’s task — as happened in 2016, when a bill passed to split Taney County from the 38th Circuit, creating the new 46th Circuit.

Draper said a 16-member task force studied the circuit realignment for two years. The resulting report was approved last year by the Judicial Conference and presented to the legislature earlier this month.

Carter County shares the 37th Circuit with Shannon, Oregon and Howell counties — one of five circuits in the state that comprise four counties. Under the plan, it would join Ripley and Butler counties, leaving the 36th and 37th circuits each with three counties. Draper said it also would allow Carter County to share a circuit with the city of Poplar Bluff, where most area residents already conduct business.

In an interview, Judge Michael Pritchett, the presiding judge of the 36th Circuit, said most of his trials occur in more populous Butler County, where Poplar Bluff is located. He believes he would have to travel to Carter County only a few times a month. However, he said there initially was talk of moving a fourth county under his jurisdiction, which he resisted.

The report rejected a proposal to move Wayne County, which is one of five counties in the neighboring 42nd Circuit. Pritchett said a four-county area would have made his circuit too hard to cover.

“It’s just a matter of time, is what it comes down to,” he said. “We can make it work. It’s just the time to be able to do it, and do it the way that I want to.”

Click here to view a full-size image of the map.

Pritchett said he still had questions about when the change would take effect. He is up for election in November, and he said it wasn’t clear if Carter County residents would be able to vote for the 36th Circuit’s presiding judge — or if candidates from that county could run for the office.

The Judicial Conference’s plan calls for the realignment of Benton County to occur on Jan. 1, 2022, and the realignment of Carter County one year after that. The 2013 bill pre-emptively repealed all of the current statutory definitions for the circuits, effective Dec. 31 of this year, however, and it states that the judiciary’s plan would take effect on Jan. 1, 2021 unless the legislature intervenes.

Benton County is in one of the state’s five-county circuits. The plan would have Benton share the 27th Circuit with Bates, Henry and St. Clair counties. That would leave Hickory, Polk, Dallas and Webster counties in the 30th Circuit. Draper said the move would cut down on driving distances within the circuit, which stretches from the Truman Lake area to east of Springfield.

The 27th Circuit’s M. Brandon Baker, whom the governor appointed to the bench last year to fill a vacancy, didn’t return a call seeking comment.

Rep. Warren Love, R-Osceola, who represents the district that includes the southern half of Benton County, said the move seemed to be a good fit. He said he doubted there would be any opposition in the legislature.

“There sure hasn’t been any that I’ve heard about, and I know there won’t be any from me,” he said.

Rep. Jeff Shawan, R-Poplar Bluff, whose district includes Carter County, said he wanted to investigate some of the effects of the move, but he also said he believed opposition was unlikely.

Other than the 42nd Circuit, the only other change the task force said it considered was consolidating the St. Louis County and City circuit courts.

“This motion did not garner much support among the Task Force members, but whether such consolidation would increase judicial efficiencies in those circuits justifies further consideration,” the report notes.

Call for funding

Draper also used the speech to call for additional funding for the court system. He asked lawmakers to approve an additional $2.8 million in funding for court technology and urged pay raises for court employees, saying it was not fair for them “to live below the value of their service.”

He also urged lawmakers to better fund the public defender system, which has complained for years of a lack of funding.

“Speaking from the perspective of both a former prosecutor and a former trial judge, I can tell you the system simply does not work without a sufficiently funded and staffed public defender system,” he said. Draper was an assistant circuit attorney in St. Louis before becoming one of the rare judges to serve at every level of Missouri’s judiciary. He was appointed to the Supreme Court in 2011.

Draper also is only the second African-American judge to sit on the Supreme Court. He gave a shout-out to the first, now-U.S. District Judge Ronnie White, who attended the speech. Draper also used the occasion to remind lawmakers of how much Missouri has changed since its admittance to the Union as a slave state.

“History is the tie that binds,” he said.

By Scott Lauck | Missouri Lawyers Weekly molawyersmedia.com

How Armed Citizens Can Prepare to Engage an Active Shooter

Many citizens own and carry guns for self-defense and to protect their loved ones. In 2017, approximately 40 percent of Americans reported that they own or live with someone who owns a firearm. There were 17 million concealed-carry permits issued in 2018.

With the increase in mass shootings across our nation, armed citizens need to consider what action they would take, if any, should they find themselves in the proximity of an active shooting. While every situation will be different (and impossible to pre-determine), those who would consider engaging a shooter must understand the risks and take steps to prepare for such a situation.

Armed Citizens Don’t Have a Duty to Respond

First of all, it’s important for armed citizens to realize they do not have a responsibility to save the day. That duty lies with law enforcement. Officers are trained intensely and frequently in firearm tactics and active shooter response techniques. Officers are also often equipped with large-capacity, semi-automatic handguns, carbine rifles, and ballistic protective clothing that gives them the best chance for survival during an active-shooter event.

You WILL Be Outgunned

Armed citizens must understand that if they take aggressive action against a shooter, they will be out-gunned. Most concealed-carry individuals carry small- or medium-capacity firearms. Think of it this way: Who in their right mind would use their little .380 or snub-nosed .38 to go after one or more shooters who likely has multiple handguns and rifles that hold 30-round magazines?

Since being out-gunned during a shooting incident is likely, a safer alternative would be to employ the run, hide, fight strategy. If confronted by the shooter, using your weapon to fight back may be the right choice in that situation. Even in a scenario where a person is unable to run or hide, armed citizens still do not have to seek out and engage the shooter.

It’s also important to remember that when police arrive, they likely don’t know you from the shooter so follow their instructions precisely as demanded.

For armed citizens who think they would choose to actively confront a shooter, consider the following strategies and training tactics:

Practice Advanced Training Techniques

Not all armed citizens train for proficiency in self-defense methods. Instead, they merely go to the local shooting range and target practice. That’s not defensive training.

Most shooting ranges don’t have targets that move or shoot back; shooters are not allowed to quick-draw; there’s no urgency to fire rounds as quickly and accurately as possible; and there’s no stress as in a real gunfight. These are all critical skills to have when involved in an active shooter situation.

In contrast, police always train defensively and armed citizens could benefit from replicating similar training techniques. Typical exercises for officers include quick-draw responses to multiple targets, some friendly targets mixed with targets showing threats, and choices about when to use deadly force. Officers generally have two or three seconds to assess the target and take appropriate action.

Most exercises require officers to walk and run while firing, clear misfires, and perform combat reloading. During one exercise, when a buzzer sounds, the officer runs through an obstacle course of numerous threats to neutralize a target within a specific time limit. Other scenarios require shooting while moving forward and backward, down on one or both knees, on the ground lying on one’s back, stomach and sideways while shooting from cover. Officers also practice shooting weak-handed and locating appropriate cover and concealment. Police train to engage multiple targets.

They do all this training while prioritizing weapon lethality (shotgun, rifle, semi-automatic and automatic firearms, handgun, knife), threat proximity (close combat or distant), and maintaining weapon retention. All the above is considered “basic” police firearms training.

Police also conduct specific drills for mass shootings. Officers not only train to seek out the bad guys, but they are also shot at by instructors armed with hot wax and paint rounds. Officers train to work in teams as well as solo as they go in and out of buildings. Active shooter training is intense and frequent, which serves to increase accuracy, safety, discipline, and confidence.

Know Your Surroundings

Police train to be aware of what’s behind their target. If there is any chance of injury to an innocent person behind the bad guy, the shot should not be taken. During a shooting incident, people will panic and run in all directions. You don’t want to shoot, injure, or kill anyone running for safety. If that occurs, you will likely face liable charges. You must quickly determine, “If I miss the aggressor, will I risk injuring the good guys?” If the answer is “maybe,” take cover until you have a clear shot.

It’s not only people you would need to be aware of. What if the shooting is occurring at an outdoor event? Are there buildings nearby? How many times have you heard about a bullet entering a building and striking someone inside?

Training Tips for Armed Citizens

To endow themselves with the best chance for survival, citizens ideally should train like the police. Of course, police departments don’t generally train civilians, so armed citizens could seek out an outdoor range ideally staffed with instructors who have experience in combat and survival tactics. Alternatively, there are private companies that offer combat firearms training for civilians.

If those options aren’t available, there are things you can do on your own to better prepare for an active shooter situation. For example, while at the range practice under stress. Start at a distance where you can consistently hit the target in two seconds and gradually increase the distance until you become proficient from that distance. As career officers, we both trained to double-tap, meaning two quick shots at center mass, then a quick assessment to determine the status of the aggressor. Then repeat as needed until the aggressor stops.

Tactics for Engaging an Active Shooter

If you find yourself in an active shooter situation and decide to take action, do it quickly but not haphazardly. Stay out of the line of fire and use cover and concealment to your advantage.

Immediately upon hearing shots fired, get behind cover and assess the situation, scanning for threats. If you do not see the threat, cautiously move toward the sounds of gunshots, while keeping your firearm concealed. It’s recommended that you draw your weapon, as long as you can keep it out of view. You want to be inconspicuous so as not to draw attention to yourself and avoid being mistaken for the active shooter.

If you identify the shooter, take cover. Your goal is to engage from the shortest distance possible, attempting to ensure accuracy based upon your skill level. Remember, the shooter is a killer, and you are shooting to neutralize the threat.

Once the shooter is down, stay behind cover and reload if needed while scanning for further threats. Always assume there could be more than one shooter. Notably, in a terrorist-related incident, there will likely be handlers covertly directing the shooters behind the scenes. There could also be other armed good guys present, too.

If the scene is clear, approach with caution, keeping your weapon on target and disarm the shooter. Once you deem the scene safe, holster your weapon and wait for the police. They will likely handle you as a suspect until they sort things out. That will include taking your firearm as evidence. Therefore, be sure to follow their commands closely without hesitation.

Legal Considerations

The decision to take action during an active shooter goes beyond a person’s skill level and competency with a firearm. There are also legal factors to consider. If weapons are not handled responsibly, the citizen is risking criminal and civil liability. All firearm owners should understand deadly force is authorized (legal) only in cases of self-defense. In other words, one must reasonably be in fear of his or her life, or of another person’s, or of serious injury.

Individuals who engage an active shooter must realize that their actions will be scrutinized by the justice system, the media, and the public so they must know how to navigate those situations as well.

As a supervisor for the Virginia Beach Homicide squad, Bruce Razey received training from a local defense attorney specializing in defending officer-involved shootings. The big takeaway from the training was that when officers are asked what happened, they should reply, “I will not make any statements without consulting my attorney.”

Many people might think that comment makes the officer sound guilty. We don’t disagree. However, comments such as “I thought he was going for a gun,” or “I heard shots, then he came running around the corner, and I couldn’t see his hands” could raise questions concerning the officer’s actions. This sound advice for officers should also be sound advice for the armed citizen. Remember, the law is not just for criminals; every citizen has the same rights under Miranda.

In summary, the above recommendations in no way cover every situation. Each incident will present diverse issues and must be handled accordingly. It is critical that armed citizens focus on advanced training tactics practiced regularly. To use a common adage within the police profession: When faced with an emergency, you will do one of two things, panic or do what you were trained to do.

 


By Andrew Bell and Bruce Razey | In Public Safety

About the Authors:

Andrew Bell has more than 20 years of law enforcement experience and 25 years in the U.S. military and civilian service. He served as a patrol officer, detective, patrol sergeant, community-policing supervisor, school resource supervisor and detective supervisor. He was called to active duty with U.S. Army Reserve after 9/11 and completed a tour in Afghanistan. Andrew also worked for the U.S. federal government in Army intelligence, Army capabilities unit and emergency operations. He holds a master’s degree in public administration and a bachelor of science degree with a concentration in criminal justice. Andrew has been a faculty member of American Military University since 2004.

Bruce Razey began his law enforcement career in 1975. During his 35-year career, he worked for three diverse police departments. Bruce served in patrol operations, special operations and the investigative division. His assignments included field training officer, air unit coordinator/observer, field training supervisor, community policing supervisor, detective supervisor and committee chairman for internal affairs review unit. He served on numerous hiring and promotional boards; authored and co-authored policies and procedures; created lesson plans to instruct new and veteran officers in a variety of topics; and established policy and guidelines for an improved method of conducting police lineups and eye-witness testimony. Bruce holds a bachelor of science degree in criminology from the University of Saint Leo, Florida. He graduated number one from the Regional Police Academy and from the West Point Leadership & Management Training Course.

To contact the authors, email IPSauthor@apus.edu. For more articles featuring insight from industry experts, subscribe to In Public Safety’s bi-monthly newsletter.

US AG William P. Barr Announces the Establishment of the Presidential Commission on Law Enforcement and the Administration of Justice

Today, Attorney General William P. Barr announced the establishment of the Presidential Commission on Law Enforcement and the Administration of Justice. On Oct. 28, 2019, President Donald J. Trump signed Executive Order No. 13896, authorizing and designating the Attorney General to create such a Commission that would explore modern issues affecting law enforcement that most impact the ability of American policing to reduce crime.

“There is no more noble and important profession than law enforcement.  A free and safe society requires a trusted and capable police force to safeguard our rights to life and liberty,” said Attorney General William P. Barr.  “But as criminal threats and social conditions have changed the responsibilities and roles of police officers, there is a need for a modern study of how law enforcement can best protect and serve American communities.  This is why the President instructed me to establish this critical Commission, whose members truly reflect the best there is in law enforcement.  Together, we will examine, discuss, and debate how justice is administered in the United States and uncover opportunities for progress, improvement, and innovation.”

The Executive Order instructs the Commission to conduct its study by focusing on the law enforcement officers who are tasked with reducing crime on a daily basis.  It also directs the Commission to research “important current issues facing law enforcement and the criminal justice system,” and recommends a variety of subjects for study, such as, but not limited to:

The challenges to law enforcement associated with mental illness, homelessness, substance abuse, and other social factors that influence crime and strain criminal justice resources;
The recruitment, hiring, training, and retention of law enforcement officers, including in rural and tribal communities;
Refusals by Stat​​e and local prosecutors to enforce laws or prosecute categories of crimes;
The need to promote public confidence and respect for the law and law enforcement officers; and
The effects of technological innovations on law enforcement and the criminal justice system, including the challenges and opportunities presented by such innovations.

The Commission will principally conduct its study through a series of hearings, panel presentations, field visits, and other public meetings.  At these events, the Commission will hear from subject matter experts, public officials, private citizens, and other relevant stakeholders and institutions who can provide valuable insight into these issues.

The Commissioners, appointed by the Attorney General and announced today, are urban police chiefs, state prosecutors, county sheriffs, members of rural law enforcement, federal agents, U.S. Attorneys, and a state attorney general.  In addition to their diverse experiences and backgrounds, each member brings to the Commission an expertise in formulating and shaping law enforcement policy and leading police departments and law enforcement organizations.

Commissioners on the Presidential Commission on Law Enforcement and the Administration of Justice include:

Chair: Phil Keith, Director, Community Oriented Policing Services
Vice-Chair: Katharine Sullivan, Principal Deputy Assistant Attorney General, Office of Justice Programs
David Bowdich, Deputy Director, Federal Bureau of Investigation
Donald Washington, Director, United States Marshals Services
Regina Lombardo, Acting Director, Bureau of Alcohol, Tobacco, Firearms & Explosives
Erica Macdonald, United States Attorney, District Of Minnesota
D. Christopher Evans, Chief of Operations, Drug Enforcement Administration
James Clemmons, Sheriff, Richmond County, North Carolina
Frederick Frazier, City Council, McKinney, Texas/ Police Officer, Dallas Police Department
Robert Gualtieri, Sheriff, Pinellas County, Florida
Gina Hawkins, Chief of Police, Fayetteville, North Carolina
Ashley Moody, Florida Attorney General
Nancy Parr, Commonwealth’s Attorney, Chesapeake, Virginia
Craig Price, South Dakota Secretary of Public Safety
Gordon Ramsay, Chief of Police, Wichita, Kansas
David B. Rausch, Director, Tennessee Bureau of Investigation
John Samaniego, Sheriff, Shelby County, Alabama
James Smallwood, Police Officer, Nashville Metropolitan Police Department

The Commission will meet monthly for the next year and then report its findings to the Attorney General, who will submit a final report to the President.

Chief justice: Missouri public defenders need more funding

For several years officials with the Missouri State Public Defender System have said they need more funds to hire more lawyers. The head of the Missouri Supreme Court announced his support for that cause Wednesday.

During the annual State of the Judiciary address, given to a joint session of the Missouri Legislature, Chief Justice George Draper III talked about how many of the lawyers he faced when he served as a prosecutor were public defenders.

“Speaking from the perspective of both a former prosecutor and a former trial judge, I can tell you the system simply does not work without a sufficiently funded and staffed public defender system,” Draper said.

Missouri’s public defender system began in 1972 as the state’s response to a 1965 U.S. Supreme Court ruling that found the federal Constitution’s 6th Amendment right to counsel includes poor people who can’t afford their own attorney.

In Missouri, the public defe​​nder’s office is appointed to a criminal case only when there’s a possibility of a jail or prison sentence and the defendant can’t pay to hire a lawyer. Historically, the system’s attorneys have had a large caseload and constant turnover.

Document: Missouri State of the Judiciary 2020 VIEW DOCUMENT

“To be sure, all attorneys in public service work long, hard hours, and many are underpaid and under-recognized,” Draper said. “However, if criminal cases cannot be moved efficiently through the system because of overloaded attorneys, we risk leaving those who are guilty on the street, those who are not guilty unable to return to being productive members of society, and victims and their families powerless to find closure and move forward with their lives.”

During a December meeting with Cole County judges, Justin Carver, who heads the local public defender office serving Cole, Miller and Moniteau counties, told judges there was a wait list of nearly 340 cases. Of that number, nearly 200 were from Cole County.

Carver noted the oldest case dated back to June. He said the majority on the wait list are cases where the defendant is not being held in custody. They look for the oldest cases of those in custody as the ones to deal with first on the wait list.

Carver is authorized to have seven assistant public defenders.

One way to help relieve the caseloads for public defenders and the courts has been the use of alternative courts. In Wednesday’s address, Draper noted Missouri now has more than 100 counties served by more than 120 treatment courts — adult, juvenile, family and DWI courts.

“Because of House Bill 547, which you also passed last year, we will have treatment courts established in every circuit in the state by August 2021,” Draper told legislators Wednesday.

Cole County has Drug Court, DWI court and Veterans Court. Prosecutor Locke Thompson said they are trying to develop another alternative court in the future.

Draper also asked lawmakers to continue efforts to increase the pay of the 3,600 people who work in the state court system.

“We simply cannot ask these people — who reside in your communities and work in our court system — to live below the value of their service,” Draper said. “On their behalf, we thank you for your appropriations over the past few years of salary increases to bring our lowest-paid staff to at least the base of where our classification and compensation study shows they should be. However, if we want to retain the good employees we have and be able to recruit high-quality workers as positions become open, we need to move our staff toward market salary goals.”

 


By Jeff Haldiman | News Tribune

Missouri Lawmakers Push Long Prison Sentences for Fentanyl

Missouri lawmakers have moved to enact strict penalties for people caught with the highly lethal opioid fentanyl.

The House gave the bill initial approval in a voice vote.

If passed, the bill would add fentanyl and two substances sometimes used to commit rape to Missouri’s drug laws.

Fentanyl is already federally listed as a controlled substance. Republican bill sponsor Rep. Nick Schroer said banning its misuse under state law will give local prosecutors more tools to convict people who sell the deadly opioid.

Under the bill, selling or trying to sell more than 10 milligrams of fentanyl would be punishable by five to 15 years in prison. Those convicted of trying to sell 20 milligrams or more of the drug would face 10 to 30 years in prison.

Possessing or trying to buy more than 10 milligrams of fentanyl would mean up to seven years in prison or five to 15 years behind bars for 20 milligrams or more.

Bipartisan critics questioned whether long prison sentences would be effective in deterring drug sales and fighting the opioid epidemic.

St. Louis Democratic Rep. Peter Merideth raised concerns that the law could mean lifelong prison sentences for people struggling with addiction.

 


By Associated Press | Missouri Lawyers Weekly molawyersmedia.com