Fatality Review OUR FILE
2/10/05
2:59 PM
Page 41
Finding:When a victim attempts to take a warrant out on the perpetrator, there are some Magistrate Courts that send letters to notify the perpetrator of said action even if the request was denied. Recommendation: Magistrate Courts should reconsider the method of warning and notification of warrant applications while still adhering to state and federal laws. Finding:Victims often do not know the difference between a bond condition and a TPO.
Recommendation: Judges, Officers and VWAPs should explain the differences to victims and place the information in a printed brochure along with other judicial procedures in an accessible location. Finding: Some judges are concerned that TPOs are being used by non-victims to improve one’s stance during a divorce. Recommendation:The TPO process and the divorce process should be considered separately by the courts. Judges can look at the two proceedings as two separate cases serving two separate needs. Law Enforcement
Breanna Moses Funderburk, age 24, was strangled by her estranged husband one week before her 25th birthday.
Finding: Law enforcement may be reluctant to arrest someone they perceive as having mental health problems, i.e., suicidal threats. Recommendation: Regular training for law enforcement on domestic violence and on lethality indicators, including threats of suicide, should be mandated.
Finding: Law enforcement officers do not consistently have the capability to run a criminal history in their vehicles even if they have the resource of a car computer. GCIC requires strict codes regarding access and security of GCIC files and officer’s vehicles are not considered secure enough for access. Access of information can be sought through 911 operators but officers report having difficulty getting the information due to lack of time and high call volume for the operators. Law Enforcement officers have said that having information about active parole/probation, prior arrests, prior 911 calls, prior violent offenses or use of weapons, no contact conditions of bond, and the TPO registry before answering a call would increase the preparedness and safety of the officer and help to fully understand the victim’s position.
Recommendation: GCIC should consider giving access to officers’ vehicle computers so as to better prepare officers for their encounters with perpetrators as they respond to calls.
Finding: Officers do not consistently record children’s names on police reports or incident reports because of being concerned of breaking the minor’s confidentiality.
Recommendation: Children’s names should be included in all reports. Accurate and efficient reports can mean the difference between a weak or strong case in prosecution. Officers can attach an extra page marked, “for law enforcement only” if this information is considered confidential. Finding:When a responding officer directs a victim to the court to take his or her own warrant, this unnecessarily places the burden of prosecution on the victim.
Recommendation: 1. When law enforcement officers respond to a domestic violence call and find probable cause, they should be taking the warrants themselves.Victims of domestic violence should not be directed to take their own warrants. 2. Law enforcement first responders are often a victim’s first contact with the system. It is crucial for law enforcement officers to make appropriate referrals and appropriate arrests.This will have an impact on the victim’s willingness to call the police or involve another system in the future.
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