imported post
As all of the LEO's here know, this is now in "Administrative review". Many civilians do not know what that really means and it does vary from department to department, but a few things are common to all departments. It is now classed as an internal personnel matter.
First, everyone in the department will be told NOT to discuss the matter, with anyone, including among themselves. There will of course be some "leaks" and in quiet corners some of the Officers will talk about this, but from the public perspective the lid is now on.
Second, everyone involved will be interviewed and will have to provide a sworn statement. If things get really serious some of them may be polygraphed.
If none of the involved parties try to cover things up, and they all tell the truth from the start to the internal investigators, it is unlikely that anyone will be fired unless there is actual proof of an egregious violation of depart Standard Operating Procedures (SOP) or the law.
Some of these folks may in the end get suspensions, reassignments (temporary or permanent) and usually at the least a notation in their personnel file. In any case the final results and punishments will not be made public as it will all be handled as a personnel matter, and that informmation is not subject to FOIA.
Part of this review will be of department policy and there may be some changes as a result (usually less likely), but in any case with a little luck, there will be some kind of internal communication about open carry laws at the very least.
It is a shame that after this incident the "Tony's 7" (their term not mine) did not have the opportunity to meet with the Chief and talk this out before it got so big. Some department heads are very open to this sort of approach. Such a meeting might have provided the opportunity for a larger meeting involving the Officers and the aggrieved parties, wherein things might be worked out to everyones satisfaction.
From what I have read here from the Tony's 7, they seem to be willing to accept a simple apology, and some assurance from the Chief that training and SOP's would be improved to cover future encounters. Their use of FOIA and possible litigation, has clearly elevated this beyond that level of fix for now, but frankly, they had to do something to show the department they were serious about following through so they had no choice but to begin to look at that option.
I would agree with those that feel the first responder was a rookie. His mindset as described on this website and his after incident e-mails all point to this as the major factor that was at the bottom of his failure to handle this situation. That fact does not excuse his behavior, or that of the more senior Officers on the scene.
But I doubt anyone will be fired over this. Some may be reprimanded, the department may have to issue an apology, and depending on where this goes in the Civil arena, there may be some civil penalties. This will be very interesting to watch unfold. Chief Dean of the Prince William department is very anti gun where private citizens are concerned, THe other local departments generally follow that lead. Moreover the Northern Virginia area is not very pro gun. The Judges on the bench here are generally not inclined to favor the armed citizen either.
This all causes a bit of a pickle. The law is clear in all of this. Even anti gun people will raise an eyebrow at the e-mails, cursing, name calling, and on scene attempts to create violations which the Officers could act on. But because of the lack of popular appeal of the root issue (open carry) the system may still go against the Tony's 7. These folks may have to take the case to Richmond before justice is done.
Regards