Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694840309366.pdf (Jamaica)
THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ OCTOBER - DECEMBER 2018 Introduction This paper details INDECOM’s analysis of the fatal and non- fatal shooting incidents during 2018.

These incidents were caused by the Jamaican Security Forces, namely: the Jamaica Constabulary Force (JCF) and Jamaican Defence Force (JDF).
The Department of Corrections (DCS) was not involved in any fatal incidents in 2018.

NB.

This report does not address other Security Force related deaths e.g.

road deaths, other assaults which result in death or deaths in custody.

Whilst all such events are recorded by INDECOM they do not form part of this analysis.
Continues on page 5 Page 1 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ “Honour your commitments with integrity” Les Brown Page 2 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ Table of Contents FEATURED ARTICLE 2018: The Year In Review........................................................................................................................... 1, 5-9 IN THIS EDITION OF THE IQ .................................................................................................................................... 4 PART ONE: COMPLAINTS New Complaints .............................................................................................................................................. 10 Nature of Incident Scene Response ............................................................................................................ 11 Complaints by Parish ...................................................................................................................................... 11 Fatal Shootings by Parish................................................................................................................................ 12 Fatalities by Organisation .............................................................................................................................. 12 Security Force Related Fatalities List ........................................................................................................ 13-14 PART TWO: LEGAL DEPARTMENT Nature of Completed Commission’s Reports ............................................................................................. 15 Overview: Recommendations made for completed Commission’s Reports ........................................ 15 Recommendations made for completed Commission’s Reports – Fatal Shooting Incidents ........ 16-17 Arrests made/ Charges Laid.......................................................................................................................... 17 PART THREE: LESSONS LEARNT Commendable Actions of Officers .............................................................................................................. 18 PART FOUR: PUBLIC INFORMATION Meetings: Security Forces & INDECOM ........................................................................................................ 19 Outreach – Awareness Exercises .................................................................................................................. 19 Press Releases .................................................................................................................................................. 19 INDECOM first Caribbean recipient of NACOLE Achievement in Oversight Award ............................. 20 INDECOM appoints new Director of Complaints ....................................................................................... 21 COMPACT DISC 4th Quarterly Report: October - December 2018 New Complaints: October - December 2018 Commission’s Reports Completed: October - December 2018 (In compliance with Section 17(3) (c) of the INDECOM Act) Page 3 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ 2018 YEAR IN REVIEW: PART TWO: THE LEGAL DEPARTMENT In this report, the Commission reviews the patterns and practices of shooting incidents for 2018, with comparative analysis for previous years.
Issues relating to members of the security forces involved in fatal and non-fatal shooting incidents, off duty shooting incidents, multiple fatality shooting incidents, no gun/no weapon shooting incidents; and planned operations are highlighted and assessed.

PART ONE: NEW COMPLAINTS The Commission received 170 categories of complaints from 165 incidents reported for the period.
The top five categories of complaints include: assault (75), discharge of firearm (45), fatal shooting (23)* [see page 10], shooting injury (11) and neglect of duty (5).

The Commission’s Forensic Unit responded to 57 incident scenes for the period.

There were two deaths in custody for the period.

In relation to parishes with fatal shootings: St. Ann had no fatalities for the period.
The parishes of Manchester, St. Thomas, St. Elizabeth, Portland, St. Mary, Hanover, Clarendon, St. James and Westmoreland recorded one (1) each; Trelawny recorded three (3); St. Catherine had four (4), and Kingston & St. Andrew recorded the highest at nine (9).

All parishes had complaints, both fatal and non-fatal, with Kingston and St. Andrew recording 65 complaints and Trelawny recording the least with two (2).

and overview completed.


An In the Legal Department, 121 Commission’s Reports were distributed of recommendations for no charge, disciplinary action or charge, for the reports completed are listed in this section.

Recommendations from fatal shooting incidents, where Commission’s Reports were completed during the quarter are also listed.

One (1) member of the Jamaica Constabulary Force (JCF) was arrested and charged during the period, for incidents investigated by INDECOM.
PART THREE: LESSONS LEARNT The Commission highlighted the actions of an off-duty Constable who was able to detect, and prevent crime, and to secure the apprehension of those that may be charged for committing crimes.

PART FOUR: PUBLIC INFORMATION The Commission’s Senior Management Team in the Operations Unit had two (2) meetings with members of the JCF High Command to include the Inspectorate of Constabulary for the period.
The matters discussed included Section 21 notices, receipts and disciplinary proceedings.

firearm The Commission participated in awareness exercises equaling 96.5 man hours for the period.

The Public Relations Unit issued 18 press releases for the period.

The titles of these are listed in this section.


Page 4 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ Continues from from page 1 ront page … 2018 Fatal Shooting incidents One hundred & thirty-seven (137) people were shot and killed in 2018, and eighty-four (84) persons were shot and injured.
Table 1 shows the fatal and non-fatal shooting incidents for the four years 2015 - 2018. of persons killed has remained below the 200 level for the last five years, a figure which persisted for nine years between 2005 - 2013.
Table 3: Security Force Fatalities 2000-2018 Table 1: Shooting incidents for 2015 - 2018 Shooting Incidents 2018 2017 2016 2015 Fatal 137 168 111 101 Non-fatal 84 86 69 68 Total persons killed or injured 221 254 180 169 Thirty-one (31) fewer people were shot and killed in 2018 than in 2017, this represents an 18.45% decrease over 2017.

Table 2 shows the total number of Security Force fatal shootings over the past eight years, 2011 - 2018.

The four year period, 2011 - 2014, recorded 802 deaths.
The following four year period, (2015 – 2018), recorded 517.

This represents a 35% reduction between the two periods.
Table 2: Total Security Force fatal shootings for the period 2011- 2018 300 250 200 150 100 50 0 D E L L I K & T O H S S N O S R E P R E B M U N Security Force shooting Fatalities 2011 - 2018 258 210 219 168 137 115 101 111 TOTAL SHOOTING FATALITIES BY YEAR Year 2012 Year 2015 Year 2018 Year 2011 Year 2014 Year 2017 Year 2013 Year 2016 272 357* 263 258 220 224 202 219 210 168 137 115 111 101 157 154 140 128 131 Years N.B: The figure for 2010, includes persons killled during the Tivoli Incursion Table 4 (page 6) illustrates, in grid format, all fatal shooting incidents, by year and month, for the period 2011 to 2018 - a period of 96 months.
Over 1300 citizens (1319) have been shot and killed in this eight year period.

The table depicts INDECOM’s scalar of monthly deaths as ‘Critical’, ‘Heightened’, ‘Normal’, ‘Below average’ and ‘Low’.

This assists to assess and determine trends in the level of Security Force shootings per month, viz: >20 Critical 16 -19 Heightened 10 – 15 Normal 6 – 9 Below Average 1-5 Low Only five months during this 96 month period (5%) has a total monthly fatality been at five or less, (low status).
The trend of high volume fatalities (heightened or critical status) is observed primarily in the three years 2011-2013.

The re-emergence of the heightened status featured again during four months of 2017, and twice in 2018, but did not reach critical status.

Table 3 shows the downward trend established in the three years, 2014 - 2016.
There was a significant rise in fatal shootings during 2017 (51%), over 2016, however 2018 has seen an important 18.45% reduction in Security Force related fatal shootings from 2017.
Importantly, the number Page 5 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ Table 4: Security Force Fatal Shootings per month 2011- 2018 J F M A M J J A S O N D Of the cases deemed suspicious in 2018, criminal charges were laid in 4% compared to 11% and 20% in 2017 and 2016 respectively.
The following areas are subject of further data and analysis: 2011 2012 2013 2014 2015 2016 2017 2018 Trends and practices of shooting incidents Despite the welcomed reduction in 2018, fatal and non- fatal shooting incidents by the Security Forces, (primarily the JCF), still occurred too regularly and frequently.

In 2018, there were 147 days (40% of days) when the Security Forces discharged their weapons, resulting in either death or injury.

NB.
NB.

This does not include ‘discharge of firearm’ cases, (incidents where no person is injured).

Two hundred & twenty-one (221) citizens were either killed or injured - (137 killed and 84 injured).

The 84 people shot and injured, (two less than in 2017) all had the potential for being fatal incidents.

Trends and practices of Security Force shootings are observed from the high volume of incidents that occur.

The data provides an evidential basis from which observation, comparison and commentary is made.
2018 has observed a discernible shift in the nature of shooting incidents and a welcomed downward trend in a number of aspects of Security Force shootings.

These reductions are expected to continue as greater discipline and control is restored to the JCF.

Nature of fatalities 21% of the fatal shooting incidents investigated by INDECOM were deemed suspicious for the year 2018, compared to 12% and 25% in 2017 and 2016 respectively.
Fatal shooting cases are classified in two main categories (suspicious and non-suspicious) upon our initial assessment.

Cases in which there is some tangible evidence disputing the security force’s version are deemed to be suspicious, whereas others are deemed non-suspicious.

The initial designation may change as our investigations progress and new evidence comes to light.

1.

Security Force agents involved 2.

Fatal and non-fatal shooting incidents 3.

Off duty shooting incidents 4.


Multiple death incidents 5.

No gun/no weapon shooting incidents 6.

Planned operations 1.

Security Force agents involved Fatal shooting incidents by the respective Security Force agents are as follows: 2015 2016 2017 2018 JCF 98 106 160 133 JDF 3 4 7 4 DCS 0 1 1 0 Total 101 111 168 137 The JCF was involved in the fatal shooting of 133 people in 2018.

This is 27 less people than in 2017.

This equates to a 16.85% decrease for the JCF.


The JDF was involved in four fatal incidents, a decrease of three, whilst the DCS was not involved in any fatal shooting incidents.

2.
Fatal and non-fatal shooting incidents Table 5 shows the breakdown between fatal and non-fatal shooting victims during the years 2015 - 2018 Table 5: Total persons shot and killed or shot and injured 2015-2018 Years 2015 2016 2017 2018 Total shooting incidents 169 180 254 221 Shot & killed 101 (60%) 111 (62%) 168 (66%) 137 (62%) Shot & injured 68 (40%) 69 (38%) 86 (34%) 84 (38%) Every Security Force shooting incident is self-evidently life endangering - to all persons involved, whether police officers, citizens or armed gunmen.
One pertinent factor in assessing trends in use of force is the ratio between those killed and injured.

There is an expectation that during Security Force shooting incidents, more persons would be wounded than killed.

Where the number of civilians killed is greater than those shot and injured, it is a relevant factor in assessing the use of force and determining whether an excessive level of deadly force is being utilised.
Page 6 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ The trend of Security Force shooting incidents in Jamaica shows there are always more people killed than injured in the reported encounters.

The ratio between persons killed and injured by the JCF has remained relatively constant, at approximately 60/40 (3:2) – see table 5 above.
This trend, whereby nearly 3/5th of total shooting victims are killed, as against 2/5th injured, was observed in the data 2014 - 2016, and earlier.

These ratios are indeed worrying as they are indicative of police excesses when compared to the Chevigny ratio.
The Chevigny ratios suggest that where the following state of affairs obtains, even in the absence of specific case data, one can infer that the use of force by law enforcement officials is excessive:  When the number of civilians killed exceeds the number of civilians wounded by the police;  When the number of police killed by civilians constitutes only a small fraction of the number of civilians killed by police, and;  When the number of homicides by police represents a large fraction of all homicides.
In 2017 this ratio increased somewhat, whereby the ratio of killed to injured was nearly 2:1, and indicative of an excessive use of force.

However, 2018 has witnessed an increase in the survivor rate from shooting incidents, at the same time there was a fall in fatal incidents.

This is indicative of a positive change.

3.

Off duty shooting incidents Off duty fatal and non-fatal shootings accounted for nearly 15% (14.47%) of all shootings in 2018, 32 of 221.
This is a slight reduction in such shooting incidents, when compared to the two years, 2015 & 2016, but a small increase in comparison to 2017.

Off duty shooting incidents in 2017 represented 13% of the total.

In 2015 this category comprised 22%, of all JCF shootings.

NB.

The DCS were not involved in any ‘off duty’ fatal shootings in 2018, whilst the JDF in just one.
Table 6: Persons killed and/or injured by off duty officers Years 2015 2016 2017 2018 off Total duty shootings 36 (22% of 169 victims) 32 (17% of 180 victims) 34 (13% of 254 victims) 32 (14.47% of 221 victims) Off Duty Fatal Off Duty Non- Fatal 16 (16% of 98 JCF fatals) 10 (9% of 106 JCF fatals) 13 (7.7% of 168 JCF fatals) 15 (11.27% of 133 JCF fatal) 20 (32% of 68 NF) 22 (31% of 69 NF) 21 (24% of 86 NF) 17 (20.23% of 84 NF) The number of off duty shooting incidents remains relatively static, but varies as a percentage, dependent on the yearly total shooting incidents.
There has been a reduction in injures arising from accidental discharges by officers (two as against five in 2017) and only one fatal injury to a child, who gained possession of an officer’s weapon.

This is a welcomed reduction in such events over previous years.

In 2017 56% (19 incidents, and thus over half) of the 34 off duty shootings involved persons who were neither armed with a firearm or any other weapon.
Of the 19 persons, seven were killed, seven injured and five victims of accidental discharges.

In 2018, the absence of a firearm or other weapon has been markedly less prevalent.

In 2018, of the 15 fatal shootings, nine involved persons armed with a firearm, and in which a police officer intervened to prevent criminal activity or arrest a person, and two other fatalities involved a person in possession of a machete.
Of the 32 cases, only nine incidents (28%), (four fatal, five non-fatal), involved the absence of any weapon.

In 2017 one police officer was charged with murder whilst engaged off duty with other persons.

Similarly, in 2018 one officer was charged with murder whilst off duty.

It will be noted that this decline of off-duty murder cases was preceded by six fatal off duty shootings in 2015, (four of whom were charged with murder), and four off duty fatal shootings in 2016.
There were no reported instances of police party gun salutes, which is equally noteworthy.

Page 7 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ further feature of 4.

Multiple death incidents A the Security Force shootings, potentially demonstrative of a trend and practice of excessive force is:  Multiple deaths arising from a single incident.
Where such events occur it will necessitate examination of the planning and proportionality of the policing response.

feature incidents was a Multiple death frequently observed in years pre 2014.

In the six month period, July - December 2013, there were 15 multiple death incidents recorded, and subsequent years also resulted in numerous ‘multiple death’ incidents, involving triple, quadruple, and as high as six fatalities in a single event, a re-occurrence which was repeated in 2017.
Since 2013 the downturn of such incidents has contributed to the overall reduction in police shootings, however 2017 saw a return to a near doubling of the ‘multiple fatality’ incidents over 2016.

Table 7 shows the multiple fatalities from single incident shooting events.
Table 7: Multiple deaths occurring from single incident shootings 2 Fatalities x5 x8 x17 x11 3 Fatalities - x1 x1 x3 4 Fatalities - x1 - x1 6 Fatalities - - x1 (JDF) - Total Incidents 5 10 19 15 Total Killed 10 23 43 35 2015 2016 2017 2018 In 2017, 43 people were shot and killed from 19 shooting incidents.

This equated to 25.5% of the 168 people killed.

In 2018, 35 men were fatally shot from 15 incidents.

This was also 25.5% of 137 killed.


It is noted that in multiple death shooting incidents, the number of weapons reported as recovered do not equate to the number of people reported as firing at the Security Forces.

In 2017, it was reported that of the 19 multiple death incidents, a total of 29 guns were recovered from 43 dead men.

Thus 14 men (32%) had no firearm or other weapon was recovered at the time of their death.
In 2018, of the 15 multiple death incidents, 23 guns were recovered from the 35 killed.

Thus 12 men (37.5%) had no weapon.

The continuing absence of firearms, in one-third of those killed in such incidents, creates the concern of excessive use of force and challenges the accounts that all gunmen were firing at Security Forces.

5.
5.

No gun/no weapon shooting incidents All shootings incidents involving a dead or injured person have police accounts that either a firearm, or a weapon other than a firearm, was present, or suspected to be present, at the time of the incident.

As reported at Section 4, the absence of recovered firearms presents as a significant feature in JCF shooting reports.
INDECOM’s Q4 2017, Year in Review provided much detail on this broader issue, which was a feature observed in many shooting incidents, not solely multiple fatality cases.

It identified that a significant proportion of shot or injured persons were either completely unarmed, or in possession of an implement other than a firearm.
      in 2016, of the 111 persons killed, 27 had no weapon (24%) in 2016, of the 69 persons injured, 36 had no weapon (52%) in 2017, of 168 persons killed, 25 had no weapon (14%) in 2017, of the 86 persons injured, 45 had no weapon (52%) in 2018, of 137 persons killed, 19 had no weapon (13.86%) in 2018, of the 84 persons injured, 29 had no weapon (34.52%) The absence of either a firearm, or any weapon at all, continues to be a feature of Security Force shooting cases and requires further action by the JCF in the deployment of appropriate and proportionate use of force when engaged in confrontations.
Whilst there has been both a numerical reduction and a percentage fall in the number of such cases in 2018, particularly in the number of injured persons discovered to have no weapon – a fall from 75% of such cases to 57%, there are underlying issues which remain.

The figures for all persons shot and killed or injured, over the past three years, who had no firearm, has remained relatively constant.

Over a third of all citizens shot by the Security Forces are not found with any recovered firearm.
in 2016, of the 180 persons killed or injured, 87 had no  firearm (48%) in 2017, of the 254 persons killed or injured, 107 had no firearm (42%) in 2018, of the 221 persons killed or injured 77 had no firearm (34.84%)   Within this category of no gun/ no weapon are female shooting victims.

This subset provides illustration of excessive use of force in table 8.
Page 8 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ Table 8: Females killed or wounded in 2018 Table 9: Six month period: July to December 2013 - 2018 Total 11 Fatal 3 Non-fatal 2018 8 ---------------------------------------------------------------------------- 9 2017 2016 7 ----------------------------------------------------------------------------- 24 Totals: 4 9 8 0 1 28 2018 saw an increase in the number of females shot and either killed or injured.
None of the 11 women were in possession of any firearm at the time of their being shot.

One was carrying stones.

 Six females were shot in cross fire, during police shooting incidents.

 One female was murdered by an on duty officer who immediately committed suicide.

6.

Planned operations Planned police operations where fatalities occur have previously been a significant contributor to the total fatalities per annum by the JCF.
The introduction of the ‘post event’ questionnaire/evaluation in 2015, for Police Commanders, which examines and assesses the level of planning in such operations, has created an environment of change in policing practice.

There has continued to be an important downturn in the number of police related fatalities arising from planned police operations.

This is to be welcomed and noted.


There is evidence of greater care and compliance of the JCF’s own Use of Force policy, and a reduced number of such planned operations being undertaken where death occurs.

issues has contributed to effecting this change.

Since 2013 INDECOM has monitored and analysed two data sets: INDECOM’s monitoring of the 1.

Examination of the six month period, July - December, for the years 2013 – 2018 (table 9) 2.
Examination of whole years 2014 – 2018 (table 10) Year Total Fatal shootings Planned Op where fatality occurred 2013 2014 2015 2016 2017 2018 124 44 51 52 86 60 51 14 21 11 16 11 Total killed during Planned Ops 49 13 24 13 21 20 % of total shootings 39.51% 29.54% 47.05% 25% 24.41% 18.00% Table 10: Fatalities arising from planned operations 2014 – 2018 Year Total Fatal shootings Planned Op where fatality occurred 2014 2015 2016 2017 2018 115 101 111 168 137 36 33 21 30 17 Total killed during Planned Ops 38 38 28 41 20 % of total shootings 33.04% 37.62% 25.22% 24.40% 14.59% Both data sets demonstrate the decline in fatalities by the DeaSecurity Force in planned operations.
2016 saw the first marked reduction in the number of such fatalities arising from planned police operations.

The proportion of such deaths falling in 2015 from 47% to 25% (see table 9) and from 37.62% (2015) to 25.22% (see table 10).

shootings arising Analysis of the five year period 2014 - 2018 (60 months) illustrates the continuing reduction in Security Force deaths arising from planned police operations.
Until 2015 police fatal from planned operations accounted annually for some 33% - 37% of all fatalities.

This changed in the years 2016-2017 when such fatalities were reduced and accounted for a quarter of all deaths.

In 2018 fatalities arising from planned police operations accounted for less than 15%.

This continued reduction in this area of policing operations, is welcomed and acknowledged.
INDECOM will continue examining this aspect of JCF operations and utilise the post operation Command evaluation questionnaire to ensure compliance with the JCF’s own Use of Force policy.
Page 9 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ NEW COMPLAINTS New Complaints by Category Assault 75 Discharge of Firearm 45 Fatal Shooting 23 Shooting Injury 11 Neglect of Duty 5 Threat 3 Unprofessional Conduct Death in Custody Abuse of Office Unlawful Wounding Perversion of the Course of Justice 2 2 2 1 1 0 10 20 30 40 50 60 70 80 There were 25 deaths from 23 fatal shooting incidents.
Figure 1: The bar graph shows all categories of new incidents for which complaints were received by the Commission for the period of October to December 2018.
Page 10 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ NATURE OF INCIDENT SCENE RESPONSE Nature of Incident Scene Response 24 22 9 2 30 25 20 15 10 5 0 Discharge of Firearm Fatal Shooting Shooting Injury Death in Custody Figure 2: The above graph shows the nature of the incidents that the Commission’s Forensic Unit responded to for the period of October to December 2018.
COMPLAINTS BY PARISH Kingston/St.

Andrew 65 Complaints by Parish 25 14 10 10 9 9 St. Catherine St. James St. Ann Manchester St. Mary Clarendon Portland 5 Westmoreland Hanover St. Thomas St. Elizabeth 4 4 4 4 Trelawny 2 0 10 20 30 40 50 60 70 Figure 3: The above graph shows the number of new complaints received by the Commission per parish for the period of October to December 2018.
Page 11 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ FATAL SHOOTINGS BY PARISH Kingston & St. Andrew St. Catherine Trelawny Manchester St. Thomas St. Elizabeth Portland St. Mary Hanover Westmoreland Clarendon St. James St. Ann 0 0 Fatal Shootings by Parish 4 3 9 1 1 1 1 1 1 1 1 1 Figure 4: The graph above shows the total number of deaths from shooting incidents per parish for the period of October to December 2018 FATALITIES BY ORGANISATION Fatalities by Related Organization DCS, 2 JDF, 1 JCF, 24 JCF JDF DCS Figure 5: The above pie chart illustrates the State agency to which the fatalities recorded for the period of October to December 2018 are related.
Page 12 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ SECURITY FORCE-RELATED FATALITIES LIST JCF – Jamaica Constabulary Force JCF-OD – Jamaica Constabulary Force Off Duty Officer JDF – Jamaica Defence Force DCS – Department of Correctional Services DIC – Death in Custody Date Name of Deceased Location of Incident OCTOBER (13) (Fatal Shooting – 11; DIC – 2) 2-Oct Odaine GORDON New Town, Cousins Cover, Hanover 9-Oct Herbert SMITH East St, Kingston 10-Oct Stacey ROBINSON (Female) 11-Oct Michael SCHASCHMIDTH DIC Dons Garage, Lime Tree Grove, Spanish Town, St Catherine SCACC to Spanish Town Hospital 15-Oct Andrew HENRY DIC TSACC to KPH 16-Oct Calvin EUBANK Reckford Dist, Clarendon 17-Oct Garth THOMAS Kitson Town, St Catherine Related State Agent JCF JCF-OD JCF-OD DCS DCS JCF JCF 18-Oct Michael CALDWELL Phillippa Rd, Olympic Gdns, Kingston JCF-OD 18-Oct Renardo POWELL Mauescaux Road, Kingston Friendship Dist, Trelawny JCF JCF 22-Oct 22-Oct Adrian WALKER Robert MILLER Denton GRANT Romario WRIGHT Caymanas Drive, Caymanas, St Catherine JCF NOVEMBER (8) (Fatal Shooting – 8; DIC - 0) 8-Nov Dwayne HILL Animal Lane, Callaloo Mews, Kingston 8-Nov Christopher ARMSTRONG Bayshore Area, Harbour View, Kingston 12-Nov Richard ANDERSON Cambridge, St James 12-Nov Anjordy SMITH Grange Hill, Westmoreland 13-Nov Giovani SKERVIN Unity Drive, Balcome Ave, Kingston 16-Nov Rexon BAKER Jacksville Dist, Bull Bay, St Thomas 17-Nov Jeffrey ALLEN Cocao Main Walk, Manchester 30-Nov Letroy REID Providence District, St Elizabeth JCF JCF JDF JCF JCF JCF JCF JCF Page 13 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ DECEMBER (6) (Fatal Shooting – 6 ; DIC – 0) 2-Dec Lentoy SMALLING 11 Mile, Bull Bay, St Andrew JCF-OD 4-Dec Anthony HARRIS Beacon Hill, Portland 9-Dec Dawnette MAXWELL (Female) Islington PSTN, St Mary 10-Dec
 Terrence Gayle Treadways, Linstead, St Catheirne 11-Dec Francisco DALEY Fourth St, Trench Town, Kingston 22-Dec Javaunne CUNNINGHAM Seaview Gardens, Phase 2, Kingston 11 JCF JCF JCF JCF JCF Table 11: The above list presents the names of civilians who died in security force-related incidents for the period of October to December 2018 Page 14 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ The Legal Department NATURE OF COMPLETED COMMISSION’S REPORTS Completed Commission's Reports by Category Assault 69 Conduct Unbecoming 12 Unlawful Seizure Discharge of Firearm Shooting Injury Unlawful Search False Imprisonment Fatal Shooting Threat Neglect of Duty 8 8 7 5 5 5 4 4 Malicious Destruction of Property Unlawful Wounding Death in Custody Harassment 2 2 1 1 0 10 20 30 40 50 60 70 80 Figure 6: The above graph shows the category of complaints for the Commission’s Reports completed during the period of October to December 2018 OVERVIEW: RECOMMENDATIONS MADE FOR COMPLETED COMMISSION’S REPORTS Charge 0 cases Disciplinary Action Unsubstantiated 3 cases 5 officers 118 cases Table 12: The above table shows the recommendations made for Commission’s Reports completed for the period of October to December 2018 Page 15 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ RECOMMENDATIONS MADE FOR COMPLETED COMMISSION’S REPORTS – FATAL SHOOTING INCIDENTS Table 13: Recommendations by the Legal Department for Commission’s Reports completed for fatal shooting incidents during the period October to December 2018.
No.

Complainant/Victim Renardo Wilson 1.

Case Summary On October 26, 2010, at about midday, Renardo Wilson was shot and killed along Grants Pen Avenue in St. Andrew.

While on special patrol in the community, the concerned officers observed three men behaving suspiciously and, when accosted, the men opened gunfire at the police.

The officers returned fire and after the shooting subsided, the said Wilson was found suffering from gunshot injuries.

He was taken to the KPH where he was pronounced dead.
Commission recommends Recommendation The respectfully that: a) No criminal charges be laid or disciplinary action be taken in relation to the fatal shooting of Renardo Wilson.

b) The file be forwarded to the Special Coroner.

2.
2.

Devin Melmabee o/c ‘Boy Boy’ On December 22, 2015, at about 5:00 a.m., Devin Melmabee was shot and killed at a dwelling house located along Hart Boulevard in the Paradise Norwood community of St. James, during a special operation to apprehend the said Melmabee who was reportedly in possession of illegal firearms and ammunition.

Commission recommends The respectfully that: a) No criminal charges be laid or disciplinary action be taken in relation to the fatal shooting of Devin Melmabee o/c ‘Boy Boy’.
b) The file be forwarded to the Special Coroner.

that The Commission humbly recommends the matter be referred to the Special to determine whether an inquest ought to be held.

Coroner that The Commission humbly the recommends instant matter be referred to the Special Coroner to decide if an inquest ought to be held.

3.

Sinclair Perry 4.


Jermaine Campbell On Friday, May 20, 2011, about 5:10 pm, allegations are that, acting on information, a team of police officers went to a premises in Thompson Pen Lane, Old Harbour Bay, St. Catherine in search of the now deceased Sinclair Perry o/c "Tilly man".

Upon arrival at the house, the spouse of Perry, ran out of the house.

Perry then pointed a shot gun at the police who opened fire hitting him.

Perry was taken to the Spanish Town Hospital where he was pronounced dead.
On Tuesday January 8, 2013 at or about 7:30 pm Jermaine Campbell was fatally shot by members of the JCF in the community of Deans Valley, Westmoreland.

It is alleged that a group of three police officers were on foot patrol in Dean's Valley area and observed the deceased standing by the roadway.

They observed him enter a car, then exited the vehicle suspiciously adjusting his waistband.

They tactically approached the deceased and identified themselves as police.
He suddenly pulled a firearm from his waist and pointed it in their direction.

Cons., took evasive action and fired in the direction of the man and he fell.

They found a chrome .38 revolver in his hand.

It contained three live rounds.

The complainant however alleges that, Jermaine Campbell was in negotiations with the police for the return of his bike and had received calls from police that night with the view of paying for the return of his bike.
When the call came for Jermaine to go outside, the complainant followed him, and observed him cross the road way to a “champagne” coloured Page 16 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ 5.

Everton Lewis car, which was parked face out on the open lot across from a bar.

The complainant reported that when he approached the vehicle, and opened the door, he stepped back and was shot twice.
The occupiers of the vehicle instantly took up Jermaine and sped off with him in the Petersfield direction; two more gunshots were heard while he was in transport.

On September 16, 2013, sometime after 2:30 p.m., Everton Lewis was fatally shot, at premises located in Rosemount Housing Scheme in Linstead, St. Catherine.
It is reported that the concerned officers received a report of a housebreaking in progress and when they went to investigate they were attacked inside the house by a man armed with a knife.

The said man stabbed at the concerned officers several times with the knife and in fear for their lives the concerned officers discharged rounds from their service firearms in the direction of the said man.

The man was hit and subsequently found suffering from gunshot injuries.
He was taken to the Linstead Hospital where he was pronounced dead.

Commission The recommends respectfully that no criminal charges be laid or disciplinary action be taken in relation to the fatal shooting of Everton Lewis.

ARRESTS MADE/CHARGES LAID (OCTOBER - DECEMBER 2018) Name and Rank Charge Date of Arrest State Agency Det.

Sgt.
Sgt.

Oral Israel Murder 16-Oct-18 JCF Table 14: The above table shows all members of the Security Forces who were arrested and charged for various offences for the period of October - December 2018.
Page 17 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ LESSONS LEARNT: COMMENDABLE ACTIONS OF OFFICERS The action of Corporal A ought to be commended for his observance of his duty under Section 13 of the Constabulary Act to detect, and prevent crime, and to secure the apprehension of those that may be charged for committing crimes.
Corporal A’s actions demonstrated a self-less act whilst off-duty, in engaging an armed man who was committing a robbery.

The Officer intervened without regard for his own safety, but more the concern of others.

Without a ballistics vest, radio communication, or assistance from colleagues, he was able to prevent the commission of a crime.

Correspondence has been sent to the Commissioner of Police to advise of the Commission’s commendation of this officer’s actions.
Page 18 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________  Meeting: Security Forces &  Press Releases INDECOM In the 4th quarter of 2018, INDECOM’s Senior Management had two (2) meetings with members of the JCF High Command.
The following matters were discussed: Section 21 notices Evidence interference - Clarendon cases - - - Weapon handling - Firearm receipts - Disciplinary proceedings - Model Use of Force Policy Forum  Outreach: Awareness Exercises Unit/Division/Station St. Andrew North Police Civic Committee Office of the Public Defender Group Size 22 Contact hours 2 21 2.5 For the 4th quarter of 2018, the Public Relations Unit issued the following press releases: 1.

2.

3.
2.

3.

INDECOM is the first Caribbean recipient of NACOLE Achievement in Oversight Award INDECOM investigating four fatal shooting incidents INDECOM investigating four deaths in two incidents 4.

Release of mentally ill persons must be a 5.

6.

7. coordinated effort INDECOM investigating fatal shooting of Dwayne Hill & Christopher Armstrong INDECOM investigating fatal shooting of Richard Anderson INDECOM investigating fatal shooting of Anjordy Smith 8.
UPDATE: INDECOM investigating fatal shooting of Giovani Skervin along Unity Drive 9.

Guilty verdict for Cons.

Collis Brown 10.

INDECOM investigating fatal shooting of Rexon Baker 11.

INDECOM investigating fatal shooting of Jeffrey Allen 12.

Guilty verdict for SSP Anthony Castelle 13.

INDECOM investigating fatal shooting incidents at Islington Police Station 14.

Convicted JCF officer SSP Castelle sentenced to pay fine of $1,000,000.00 15.

INDECOM investigating fatal shooting in Linstead 16.
INDECOM investigating fatal shooting in Bull Bay 17.

INDECOM investigating fatal shooting in Beacon Hill, Portland 18.
INDECOM investigating fatal shooting of Francisco Daley Page 19 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________  INDECOM first Caribbean recipient of NACOLE Achievement in Oversight Award The Independent Commission of Investigations (INDECOM) became the first Caribbean and Non-American recipient of NACOLE’s (National Association for Civilian Oversight of Law Enforcement) Achievement in Oversight Award.
The award was presented at the 24th Annual NACOLE Conference Sankofa Dinner and Awards Ceremony held on Wednesday, October 3 in St. Petersburg, Florida.

In accepting the award, INDECOM Commissioner, Terrence Williams, expressed his gratitude and noted that he accepted it on behalf of his staff, members of the Security Forces for which the Commission has oversight and all Jamaican citizens.

He recognized the dedication of the Commission even during challenging circumstances.
“I am really very proud of the work done by these Investigators and the staff of INDECOM,” said Commissioner Williams.

Williams further commented on the positive change happening within the police force, army and correctional services, in improving their standards and giving more recognition to the rights of citizens.
In furtherance of the Commission’s resolute approach to independent investigations, Commissioner Williams affirmed that the Commission will strive to ensure that there is rule of law, fairness and accountability.

The Achievement in Oversight award recognizes specific, significant accomplishments or contributions to civilian oversight by individuals, an organization, or an agency, which have helped to further the field of civilian oversight of law enforcement.
The Commission has been a member of NACOLE since 2015, and three members of the organization’s senior management, to include the Assistant Commissioner and two Directors of Complaints have completed the NACOLE Certified Practitioner of Oversight Program.
Page 20 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________  INDECOM appoints new Director of Complaints The Independent Commission of Investigations (INDECOM) is pleased to announce the appointment of Ms. Makiedah Messam as Director of Complaints, Eastern Region.

Her appointment was effective on December 17, 2018.
Her employment to the Commission began in 2014, where she has ascended the ranks from Investigator to Director of Complaints.

Ms. Messam has been an Attorney for over 15 years.

Prior to her work at INDECOM, she worked as a Legislative Drafter for the Ohio Legislative Service Commission and Senior Legislative Aide to the Minority Whip in the Ohio Senate.

In addition to her service in the public sector, she has also practiced law as a solo practitioner and as a part of a firm.
As a practicing attorney and Associate with the firm of Morgan, Lewis & Bockius in the Litigation Division where she advised clients on records management and discovery issues associated with large litigations.

She has a Juris Doctorate from the University of Cincinnati College of Law and a Legal Education Certificate from the Norman Manley Law School.

She is qualified to practice law in Jamaica, the District of Columbia (Washington, DC) and the State of Ohio.
Ms. Messam’s appointment, completes the required five Directors of Complaints as prescribed in The Independent Commission of Investigations Act, 2010.
INDECOM Directors of Complaints Makiedah Messam – Eastern Region, Shooting Incidents Floyd McNabb – Eastern Region, Non-Shooting Incidents and Special Cases Unit (SCU) Nigel Morgan – South Eastern Region Dave Lewin – Central Region Errol Chattoo – Western Region Page 21 of 22 THE INDECOM QUARTERLY OCTOBER - DECEMBER 2018 ____________________________________________________________________________________________________________ INDECOM OFFICES Head Office 1 Dumfries Road Kingston 10 Telephone: 968.1932 / 968.8875 920.2324.
Fax: 908.0403 Interview Centre 9 Dumfries Road Kingston 10 Central Regional Office 1 A Brumalia Road Cobblestone Professional Centre - Unit 10 Mandeville, Manchester Telephone: 961.1542 / 961.4171 Fax: 962.3419 Western Regional Office Praise Concourse Plaza 18 Queens Drive, Montego Bay, St. James Telephone: 940.2310 Fax: 940.2310 Email us: info@indecoom.gov.jm Website: www.indecom.gov.jm Incident and Tip Lines: (F)1.888.991.5555 Searching for Truth, Striving for Justice Page 22 of 22