The Lowdown Archive

This edition of The Lowdown is the second in a three-part series. Last month, I reviewed criminal process; this month’s column covers the initial appearance hearing. With this information, I hope readers will have the background necessary for next month’s concluding column about bail reform efforts.

The initial appearance hearing occurs when a deputy or other law enforcement officer brings a person under arrest to the magistrate for processing. The magistrate reviews the criminal charges with the defendant, provides the date and time of the first appearance in district or superior court, and sets the defendant’s conditions of pre-trial release.

A written promise to appear in court on the assigned date is the least restrictive condition of pre-trial release. Ordering the defendant’s confinement to the Detention Center without setting a bail is the most restrictive and can be used in cases of domestic violence or homicide. Frequently, the magistrate will set a bail amount between $250 and $500,000. Magistrates can also impose restrictions on the individual’s behavior, such as prohibiting communication with a victim or being within 1000 feet of a certain location.

It is critical to understand the purpose of bail is to ensure the defendant’s appearance in court, not to punish him or her. Our legal system holds that people are innocent until proven guilty. The system also places value on allowing an individual to assist unhampered in the preparation of a defense. Obviously, it is easier to collect evidence and work with an attorney if one is not confined to the detention center.

More serious crimes usually have higher bail amounts, because serious crimes carry harsher sentences. A defendant charged with serious crimes arguably has more incentive to flee the area and fail to appear in court.

A magistrate might also set a higher bail in cases where the defendant is likely to pose a threat to the victim(s), reoffend, or has no ties to the community. A local defendant charged with a DWI might receive a written promise to appear in court, whereas the magistrate might require a bail amount for an out-of-state defendant. The bail “incentivizes” the defendant’s return for court.

If a defendant’s record shows a history of missed court dates or absconding, the magistrate may determine a high bail amount is warranted. The past failure to appear as ordered may forecast future behavior.

Bail and bond are terms used interchangeably, but there actually is an important distinction. Bail is the amount of money a defendant must pay to get out of jail in advance of the court date. If the defendant complies with all court dates and court’s directives, he or she will receive this money back at the resolution of the case.

If defendants cannot afford the full amount of bail, they may hire a bond agent or have a loved one post a property bond on their behalf. A bond agent charges a percentage, often 10%, of the bail amount. For example, a bond agent might charge $1,000 to post the $10,000 required to secure the defendant’s pre-trial release. This fee is not refundable, and the agent assumes financial responsibility for the bail should the defendant fail to appear in court.

A property bond functions in a similar way – someone posts the value of property against the bail amount. If the defendant fails to show, the court can demand payment from the person who posted the property. If that person does not pay, the court may order the sale of the posted property.

While we all agree that people must be held accountable for their actions when they violate the law, we also abhor the idea of incarcerating or punishing an innocent person. While most people incarcerated in the detention center have a court hearing the next day, at which time a judge reviews and possibly reduces the bail, court is closed on weekends. We should have an equal opportunity to secure our freedom pending trial, but lower income people are less likely to be able to afford bail and therefore more likely to miss work. 

Missing work can cause the loss of employment and a resulting cascade of problems. The results can be catastrophic, and the impacts are often felt by children and innocent family members. Our criminal justice system is seeking bail reform to prevent innocent people from consequences of crimes they did not commit and to equalize the financial impacts of bail across income levels, while still protecting the public from truly dangerous people. I will write about these reform efforts next month.

The criminal justice system is complicated; many people are not familiar with the different components operating within it nor do they understand the functions of each. I want to discuss bail reform with readers of The Lowdown; however, to do this, I feel I should first provide some background information about our justice system to better frame the issues and provide important context.

To some, it might be a surprising realization that my deputies and I do not put people in jail, nor do we let them out. We certainly have an important role to play in bringing people to justice, but as part of a person’s due process protections, only a judge or a magistrate can put someone into the jail, also known as the detention center. In what might be another surprising realization, jail and prison are not synonyms. They are different places with different purposes. In simplest terms, jail is where someone is incarcerated for the safety of the community before his or her case is resolved within the court system. Prison is where a person serves a criminal sentence after he or she is found guilty by the courts and sentenced to a term of incarceration.

There are four different processes a deputy can use to compel a person to appear in court. A deputy uses a citation for low level misdemeanor crimes or violations of local ordinances (for example, littering, public urination, or violation of a noise ordinance). Citations are also used for violations of the motor vehicle code (although most people call these traffic tickets!). The deputy has the authority to issue a citation without appearing before a judicial official. The person cited has the option to pay the associated fines and fees, thereby essentially pleading guilty or responsible to the offense, or to appear in court and present a defense to the charge. Notice that a citation compels a person to court without requiring his or her arrest.

Another process is the criminal summons. To obtain one, a deputy must appear before a magistrate and present testimony under oath about a crime. The magistrate will determine if the deputy’s testimony establishes probable cause that the identified person committed the specified crime. Probable cause is more than a suspicion or hunch, but less than absolute certainty. It must be based on objective circumstances.

A magistrate is an independent judicial official, not employed by the sheriff’s office. If the magistrate issues a criminal summons, a deputy will then locate the defendant and serve the process. The person is summoned to court, but not arrested or taken into custody. If he or she fails to appear on the assigned court date, further sanctions ensue (usually the judge will issue an order for arrest for failure to appear). Primarily used for misdemeanor charges, a criminal summons can also be issued in some low level felony cases. If ultimately convicted of the charge, the accused may face a financial penalty, community service, or a period of incarceration.

The primary distinction between the two remaining processes, arrest warrants and magistrate’s orders, is whether the defendant is present or not when the deputy appears before the magistrate. When an investigation into a crime develops both a suspect and evidence against that person, a deputy will appear before a magistrate to give testimony. If the magistrate finds probable cause that the suspect committed the crime, he or she will enter a warrant for that person’s arrest into a statewide database. Any law enforcement officer who locates the defendant must serve the warrant, arrest the individual, and transport him or her directly back to a magistrate for processing. By contrast, if the deputy catches a person “red-handed” and makes an on-view arrest, he or she will place the person in custody without a warrant, and take the suspect to the magistrate’s office seeking a magistrate’s order. If the magistrate finds probable cause, he or she will process the arrest; if not, he or she will order the person’s immediate release.

In next month’s column, I will discuss the initial appearance hearing at which the magistrate establishes pretrial conditions of release at the time of arrest. I will also explore the purpose of bail and the different types. I will conclude this three-part series with a discussion of bail reform in my March column.

If you enjoy a good understatement, how’s this one? This year has been difficult. However, despite the pandemics of COVID-19 and systemic racism, and in many ways because of them, there have been upsides. For example, we are working with other components of the justice system and involved stakeholders in new ways. These efforts have resulted in innovative approaches and initiatives that are both efficient and economical. We can see this in bond reform and other efforts to lower the population in the Detention Center. These new procedures allow for the effective and safe pre-trial management of alleged offenders in the community. I will write more about this subject in a future column.

For this year-end-review edition of The Lowdown, I asked my staff to reflect on other 2020 upsides.

Captain Nate Fearrington related how much he enjoyed our annual Shop with a Sheriff event. He said, “Even though we couldn’t actually shop with the kids due to COVID-19, we were still able to purchase wish list items and bundle them into Santa sacks for special delivery. It made me feel good to hear employees and other shoppers say how proud they were that we ‘made a way out of no way’ and continued our tradition.”

Tom Parker, one of our IT Specialists, mentioned several highlights. We converted many desktop computers to notebooks, allowing staff to work remotely. He is really excited about SmartForce, a new work management system used to communicate more efficiently across divisions. Additionally, a new database streamlined our training records, and we are preparing to launch a new app, giving the public tools to interface with us directly from their Smartphones. Watch for that in 2021.

Captain Tina Sykes, who directs our School Resource Officer Program as well as the Training Division, noted, “We donated more than 6,200 items of food to the Orange County Schools Holiday Food Drive. We pitted the nine divisions in the office against each other, and the competition was ferocious. It tickled me to see them try to outdo each other, driving up the value of the matching donation promised by the Command Staff.”

Tim Jones, Captain of the Detention Division, answered my query with a personal anecdote. “I had a very unfortunate tib/fib break to my leg, which kind of summed up the year 2020. I was out of work for over a month. I quickly learned the friendships made at the Office extend way past quitting time. From calls, to visits, and of course, food, I was astonished with the amount of caring I received from folks at the Sheriff’s Office and from the wider community.

Ashley Woodlief, a sergeant with the Criminal Investigations Division, noted the year began with the sentencing of John Russell Whit – the long awaited conclusion to a 1998 case in which a lawn mowing crew found the skeletonized remains of a 10-year-old boy. Closing that cold case helped another agency solve his mother’s related murder. Woodlief and her colleagues are pleased that for the fifth year in a row, they solved all new homicide cases, and she is relieved there were only two!

Deputy David Funk is one of our three K9 handlers. He reports the dogs assisted with over 300 calls, located 23 people, found 117 items of evidence, and sniffed out 10.25 pounds of narcotics. Individual highlights included K9 Tres running a successful track following a hit and run, despite the track being almost five hours old. Callie located a suspect from a different wreck who had buried himself and a large amount of narcotics, while Zar helped the Highway Patrol locate a firearm thrown from a vehicle during a traffic stop.

Community Services Division Major Kevin Jones is most proud of the way his division and the Department on Aging collaborated to take the place of the volunteers who usually deliver meals to seniors in the community. “Due to COVID-19, our deputies, in partnership with the municipal police departments, delivered more than 2,000 hot lunches, emphasizing the ‘serve’ part of our duties. We also coordinated the distribution of more than 2,200 food boxes, and we delivered more than 2,000 meal kits donated by Food Lion.”

My Chief Deputy Jamison Sykes summed it up well. He said, “This was a hard year, and a strange year. We are ending it tired. But it’s the good kind of tired; the kind where you know you worked hard and you will sleep well, and you are excited to see what tomorrow will bring.”

I’ve spoken before in this column about musician James Taylor who said, “You actually have to really defend your time in order to have a long thought.” As Sheriff of this vibrant and engaged community, I’m a busy guy. Time for the valuable long thought is not always easy to come by, but I try to find it when I can.

I attended the North Carolina Sheriffs Association (NCSA) conference earlier this month, and the drive to Atlantic Beach was one such opportunity. I had miles and miles to be alone in my head and reflect on this year, the community I serve, and the Thanksgiving holiday.

Others have said much about the difficulties of 2020. I certainly agree, but my focus today is gratitude. I used my long thought time to do some blessing counting. I started by looking backward. My parents built a foundation of love, support, and encouragement. They always stressed the importance of being respectful of others. My teachers and coaches shared practical and philosophical lessons I continue to use. I am grateful for these positive influences.

I then thought about my family life and personal blessings; I am especially grateful for my children and my wife Lisa. As you might imagine, a Sheriff is never off duty. Many conversations and meals with my wife are interrupted by calls or texts, and our plans are frequently altered or canceled. Mind you, I am not complaining – I am celebrating Lisa’s constant ability to provide flexibility, tolerance, and support. I also want to celebrate my mother’s return to health after surgery for a broken hip. This year also brought me one of the happiest blessings ever – our grandson. Watching him grow and thrive is an endless source of delight, and I love seeing our daughter and his father blossom as parents.

The people who serve with me at the Sheriff’s Office are stellar. I hope their professionalism, dedication, and commitment to the health and safety of this community are as evident to you as they are to me. One of the hidden blessings of COVID-19 has been the opportunity to see them demonstrate the ability to be flexible in the face of uncertainty and adapt their service to the emerging and changing demands of a pandemic. Additionally, they grappled with shock and outrage caused by the Minneapolis police officers’ killing of George Floyd. They stood tall against the notion that all law enforcement officers behave that way or tolerate such behavior in their coworkers. It is a profound blessing to lead people who are proud to serve and willing to bear scrutiny because they have confidence in themselves and each other. They trust the work we do and the way we do it. They believe public scrutiny will help us continually improve, and allow our community to see both our integrity and professional approach to service.

Finally, I spent time on my drive thinking about one of the biggest blessings of all, which is that the people of this County placed their trust in me to serve as their Sheriff, first in 2014 and again in 2018. I look forward to continuing to serve in that capacity, especially now, during this time where we are being asked to work on real and lasting change within the criminal justice system. This is a unique county, full of people also dedicated to service, change, and growth. As a younger man, I thought communities were primarily different only in their geography or population. But over the years, I have come to realize communities have distinct personalities. I understand so much more than I used to about how profoundly fortunate I am to live and serve here in Orange County. I appreciate what an asset it is to have a world-class university contributing to our quality of life and our vibrancy. Our elected leaders are committed and compassionate. We have an astonishing array of non-profit agencies working steadily to improve the lives and living conditions of others. We have high levels of volunteer engagement. It is a blessing to lead in such a dynamic community.

There is no doubt that 2020 has been a difficult year. However, I am convinced there is value in the process of deliberate reflection on the positive. I encourage all of you to find time over the Thanksgiving holiday for some long-thought blessing counting. The experience certainly put a bounce in my step and some cheer in my heart. I wish the same for you.

These are difficult times. We are in a global pandemic, a time of social unrest, and in the middle of a contentious election season. Social media is an amazing vehicle for sharing information and connecting with others, but it has its downsides. People often post in anger or haste, and others read the posts and make assumptions or judgement without applying the most charitable interpretation to those posts. A person with a different opinion or favored political candidate is often viewed as a mortal enemy instead of just as a person with a different opinion or favored political candidate. I feel it is important to take a moment to recognize that social media can easily color a person’s perspective in a way that is not necessarily accurate.

During a time when so many find themselves divided, it is important to remember we have people in our community who care about others, who have a heart, and who are willing to put others before themselves. There are those among us who realize we are more alike than we are different and understand that any one of us can make a positive contribution.

In my more than 40 years of law enforcement experience, I have been on some pretty intense calls. From pulling a badly burned victim from an oil fire at a stone quarry, to preventing family members from reentering a mangled vehicle as they tried to retrieve a deceased family member, to holding the hand of the wife of a high school classmate as I told her that her husband had passed – this job is often not pleasant. But I have not done this job alone, and I am not only speaking about the assistance of the men and women who also serve in law enforcement or other branches of emergency services. I’ve done it with the assistance of countless unsung heroes, many of whom had no training and wore no badge. I’m speaking about the many unnamed people who made the decision to step forward and help someone in an emergency situation because they felt it was the right thing to do.

Over the past several weeks, several members of my staff have shared “Good Samaritans” encounters with me. In one instance, there was a rollover accident on the interstate, and the car was on fire. My deputy told me when he arrived at the scene, there were half a dozen people actively trying to rescue and render aid to the occupants of the vehicle. These witnesses weren’t standing back looking or recording video - they actively placed themselves in danger to assist a person who needed help.

Another deputy told me about arriving at a chest pains call to find a total stranger providing CPR. In both cases, the deputy seemed to have some degree of surprise that “regular people” were willing to get involved on behalf of someone they did not know.

I want to recognize such efforts. These people stepped forward to do the work, rather than just driving by only to go home and complain on social media about being stuck in traffic. My deputies and I deeply appreciate the people who are willing to assist us with emergency situations; even though amidst the chaos of a crisis we might not get the chance to express our thanks. We want people to know it matters. Not only is it essential to the resolution of the emergency, it also boosts our morale to work alongside community members – no matter how briefly. It is hard to quantify the value of the “we are all in this together feeling” it gives us.

We have also had that feeling many times over the last several months as individuals and groups within our community wrapped their collective arms around us and made us feel like we matter and that our service is valued. People have approached us on the street to say thank you. Businesses and individuals have sent lunch to the office. We’ve received phone calls, cards, and positive Facebook messages. This support has extended to the entire system of emergency services, including police, fire, EMS, telecommunicators, and those serving in medical facilities.

Thank you for letting me use this edition of The Lowdown to express my thanks to the many brave, kind, and generous souls in our community. You help us remember that we are nowhere near as divided as one might think by reading social media. We are connected and responsible for each other, and we appreciate your help.

Perhaps you are familiar with the phrase, “the elephant in the room,” referring to an important topic people are thinking about but not discussing. As your Sheriff, I don’t want the use of force, particularly deadly force, to become such an elephant. It is a topic all communities should discuss.

The possibility of taking a life in the course of a deputy’s duties is a heavy responsibility. My deputies want to protect and serve, go home safely at the end of each shift, AND reach the end of their careers without harming another person. Unjust killing or abuse of power anywhere is abhorrent; and we recognize the added atrocity when such actions are taken by members of the law enforcement profession.

I believe it is my duty to talk about use of force at this time, even though it is a difficult, painful topic. In this Lowdown, I will define force and deadly force, address when each may be used, identify some myths, and discuss the applicable judicial standard.

In law enforcement, force means the application of physical techniques or tactics, chemical agents, or weapons to another person. It is not force when someone consents to being searched, escorted, handcuffed, or restrained. Law enforcement shall always use only the amount of force reasonably necessary to accomplish a legitimate law enforcement purpose. Our CAD (Computer Aided Dispatch) system documented 190,854 instances of law enforcement activity involving our deputies between January 1, 2017 and August 31, 2020. This includes answering calls for service, checking open doors, conducting traffic stops, helping stranded motorists, serving warrants, etc. Our deputies used force in 48 of these encounters (0.025%). We used deadly force once.

Deadly force is force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. It may be used only when the officer or deputy believes no other action will neutralize the threat. Factors to consider before using deadly force include the immediacy and severity of the threat to the officer or others, the severity of the offense, the suspect’s attempts to resist or flee the officer, and the danger to the community. Law enforcement must also consider the conduct of the individual, the disparities in size, strength, injuries, and level of exhaustion between themselves and the subject, the effects of drugs or alcohol, and the subject’s mental state or capacity. In other words, the deputy or officer must consider the totality of the facts and circumstances.

There are several prevailing myths about deadly force. One is that a deputy can shoot to wound or disable a person. This is untrue. If deadly force is necessary, deputies are trained to aim for center body mass. To do otherwise reduces the likelihood the deputy will stop the threat, and increases the chance that others will be injured or killed.

Another myth is that if someone is shot in the back, the shooting was improper. This myth seems to stem from the “cowboy code” depicted in old westerns. It does not reflect the dynamic nature of a real-life, deadly force situation. For example, someone running away might fire a weapon over his or her shoulder, or he or she might be moving toward a third party with malicious intent.

A third myth concerns the belief a deputy should fire a “warning shot” as a last effort to bring the situation under control. A warning shot is not an authorized use of a duty weapon.

Once an officer employs deadly force, this decision is reviewed by the standard known as “objective reasonableness.” This standard determines whether the deputy reacted reasonably in light of known facts and circumstances. Deadly force is not reviewed and judged with the benefit of hindsight. In other words, facts learned after the event (a weapon the subject displays turns out to be a toy) are not relevant when determining if the use of force was reasonable at the time.

Situations can change suddenly, as evidenced when Henderson County Deputy Ryan Hendrix died earlier this month. A suspect, who initially appeared to comply with an order to show his hands, suddenly retrieved a weapon and shot the deputy in the face.

We have a living, breathing contract with the community we serve. Our goal is to hire, train, and retain the best and the brightest deputies and to provide exceptional, ethical, and professional service. We pledge to offer each person respect and dignity and to hold ourselves accountable. We expect the community to hold us accountable as well. We ask to be judged by the work we do here in Orange County. If you have concerns, feedback, or questions about deadly force, or general questions about our services, please call me.

When in need of immediate assistance for themselves or someone else, people call 911, and in that moment, they are the most important person in the crisis. The caller possesses the information necessary for an appropriate emergency response. However, the time it takes for help to arrive can seem like an eternity, and callers are frequently frustrated by the dispatcher’s questioning. It is common for a telecommunicator to hear, “Why are you asking this? Just send someone!”

Emergency Services Director, Dinah Jeffries, and Kevin Medlin, Communications Operations Manager, assisted me with this installment of The Lowdown to provide the anatomy of a 911 call. The Orange County 9-1-1 Communications Division (AKA Communications) serves my office and the Carrboro, Chapel Hill, and Hillsborough police departments. They also dispatch all calls for Emergency Medical Services and county fire services, answering 6,724 calls monthly. Some of these are duplicative, such as multiple motorists reporting the same traffic crash.

Perhaps surprisingly, telecommunicators are involved in the dispatch of 9,399 calls – 2,675 more calls than they answer! Alarm calls, traffic stops, and officer-initiated activities account for this discrepancy. Examples of the latter include an officer assisting a stranded motorist or notifying dispatch about a suspicious condition.

All calls are answered with: “911. What is the location of your emergency?” Seventy percent of calls originate from mobile devices. Unlike landlines, mobile devices only provide a caller’s general location. Additionally, people often call 911 to report an emergency occurring somewhere else. Thus, initially, the location is even more important than the nature of the problem. If the call drops, the caller loses consciousness, or otherwise becomes unable to communicate; the call-taker at least knows where to send help.

Once location is established, the telecommunicator continually assesses the situation through additional questions. Frequently, callers do not realize a telecommunicator is simultaneously dispatching units to the appropriate location.

Some 911 agencies have dedicated call-takers and dedicated dispatchers. Our telecommunicators handle both responsibilities, dispatching emergency units an average of two minutes and five seconds after answering the phone. Urgent calls, however, are generally dispatched more quickly. The average is skewed by calls that do not require an immediate response. For example, if a caller reports a belated break- in and the area car is busy, 911 will appropriately delay dispatching the call until an officer becomes available.

Telecommunicators use the information they receive to efficiently manage or mitigate emergencies until units arrive. Perhaps they tell the caller to secure a dog or unlock a door. Often they keep the caller calm or move her to safety. Telecommunicators are trained to guide a caller through crisis situations using structured processes and procedures and to continually gather information to assist responding units as they prepare for the situation. The array of information telecommunicators assess, troubleshoot, and impart is staggering; it can literally be the difference between life and death.

In addition to emergency calls, Communications handles 9,355 administrative calls monthly. These include responding to 911 hang ups, working with alarm companies, and providing details emergency responders need for their reports.

Locally, a minimum of six telecommunicators work each shift. They sit at consoles with multiple computer monitors including one each for the phone and radio. Additional monitors connect to the Division of Criminal Information network and the Computer Aided Dispatch system (CAD), the front end of a database. CAD displays any known information about the location and nature of a call, and it receives information as the call progresses.

Telecommunicators routinely multitask their way through adrenaline pumping situations, but their involvement generally ends abruptly when responding units clear the scene. Not knowing the final outcome of a call tends to be difficult and stressful. However, for the right people, telecommunicating becomes a career and a calling; it provides camaraderie, opportunities for advancement, and the satisfaction inherent in helping others.

Candidates must be at least 18 years old with prior customer service experience. Before being hired, they are tested with the Criticall system which evaluates decision making, multi-tasking, data entry, map reading, and other job-related skills. Candidates must also pass a physical and a psychological examination. Those hired enter a nine-month training academy, sponsored by my office. Once certified by the Sheriff’s Education and Standards Commission, they receive at least three months of on-the-job training. The job requires commitment.

Telecommunicators are truly special people who serve the county in a remarkable and generally invisible way. I want to recognize Director Dinah Jeffries who will retire in December after 37 years of service. She also served the state through NC NENA (National Emergency Number Association) and NC APCO (Association of Public-Safety Communications Officials), including serving as president of each group. She has been a driving force for telecommunicator training both locally and across the state. It is no exaggeration to say her leadership has made ALL communities safer.

Law enforcement agencies operate on federal, state, and local levels of government. They also operate in specialty areas, as is the case with park rangers; Alcohol, Tobacco, and Firearms agents; and officers with the Transportation Security Administration. All are important, but the law enforcement officials most people see in their day-to-day lives are deputy sheriffs and police officers.

I am frequently asked to explain the difference. Both prevent crime; enforce traffic laws; serve warrants; investigate and solve crimes; provide safety and crowd management at large events; and assist other emergency agencies such as fire and rescue departments. A sheriff has additional duties, including the operation of the county detention center; the protection of the courthouses and the people involved with the proceedings therein, the issuing of pistol purchase and concealed carry permits; and the service of civil processes.

As the sheriff, I am elected to my office and I have jurisdiction throughout the county. In contrast, a police chief is hired by a city or town manager or elected board and his or her jurisdiction is effectively the area within the municipal boundaries.

As a matter of practice, unless I am asked to assist a municipal agency, I confine my traditional law enforcement activities to the unincorporated areas of the county while performing my additional duties throughout.

In this edition of The Lowdown, I want to talk about Community Oriented Policing, although for obvious reasons, I wish it were called Community Oriented Law Enforcement – it would be much more inclusive that way! This method of service delivery focuses on reducing crime and disorder by building relationships, increasing trust, creating partnerships, and working with a community to solve problems.

Since I took office in 2014, my deputies and I have been working to serve in a manner consistent with this philosophy. I often quote Sir Robert Peel who established the first modern police force in London in 1829; it became the model for other countries as they developed their own law enforcement agencies. All “Peelian” principles reflect the idea that officers assume their duties with the implicit consent of those they police. My favorite principle includes the line, “The police are the public and the public are the police.” Peel notes officers are the only members of the public who give full-time attention to “duties which are incumbent on every citizen in the interests of community welfare and existence.”

To me, this is the heart of Community Oriented Law Enforcement – deputies dedicating themselves professionally to the responsibilities we all share. I want to give you a recent example.

This June, off-duty Sergeant D.R. Jones heard a boom in the early hours of the morning and left his home to investigate, wearing gym shorts and a T-shirt. He wondered if a neighbor with substance abuse struggles and a recent DWI may have been involved in an accident on a nearby curve in the road. Instead, he discovered a garage fully engulfed in flames. He called for fire units and parked his car out of the path the drivers would need to approach the scene. Knowing an elderly woman lived in the house next to the garage, he attempted to rouse her, repeatedly shouting “Sheriff’s Office.”

His shouts did not bring the woman to the door. He broke a window, entered the house, found the woman, and escorted her out. A car parked just outside the home was on fire, and the fire was spreading toward the house and other vehicles. He asked the woman whether her husband was in the home; she said she wasn’t sure. Jones placed her in his car and reentered the home. Once back inside; he remembered hearing the man died recently and realized the woman was disoriented by the stress of the situation. Jones returned outside, helped direct incoming fire units, and then waited with the woman until a family member arrived.

This one incident provides powerful testimony to the value of law enforcement officers living in the communities they are sworn to protect. For Jones, his efforts were both personal and professional. He went out to check the safety of his own community and he managed the dangerous situation he found using his professional training. On that night, Jones was both the police and the public, and he saved a life wearing gym shorts.

“The police are the public.” In other words, I am one of you. “The public are the police.” You are part of us. There are community welfare duties incumbent on everyone. Please do your part – contact me. Tell me what you expect from YOUR sheriff’s office. It is my honor to work with you to build trust, create partnerships, and solve problems in our community.

We have recently experienced increased community interest in our use of body worn cameras, and I am glad to have this forum to tell you more about these important devices.

We began our body worn camera (BWC) program a year ago. We purchased Motorola Remote Speaker Mic cameras. These combine a high resolution camera, microphone, and speaker into a compact device placed on a deputy’s chest.

The cameras are approximately $880 apiece. However, like with a cellphone, the initial investment in equipment is small when compared with the ongoing costs. Storage space on cloud-based servers is particularly expensive, and we accumulated 3.35 terabytes of audio and video files in one year. A five year subscription for infrastructure services and the digital evidence management system is $230,625.00. We retain all video data for 120 days; however, after that period, not all of it may be deleted. Footage from a felony, such as a murder, may need to be retained for several years. The total cost of the program, including cameras, batteries, cables, chargers, adapters, and other accessories is $281,058.51.

Unlike dashboard cameras, wired to turn on with the blue lights, a deputy must manually activate a BWC. The cameras constantly receive data; to conserve battery life, they only save data from 30 seconds prior to the time of activation. Saving data consumes a great deal of a battery’s capacity. In passive mode, a battery lasts approximately six hours. In active save mode, it lasts only two. Although each deputy receives two batteries and a car charger, a busy shift can easily deplete both.

Deputies generally remember to activate their cameras. However, in emergent situations, they may forget or simply be unable to activate the camera as a matter of survival. Recently, a pit bull charged a deputy as he exited his vehicle. The deputy did not have time to turn his camera on before the dog attacked. 

Fortunately, the situation resolved with only minor injuries to the deputy and no injury to the dog. However, had the deputy needed to shoot the dog, the deputy would have needed to justify his actions AND explain why he did not record the encounter.

Our policy specifies four situations when BWCs should be activated: all enforcement and investigative contacts, traffic stops, self-initiated activity requiring notification to Orange Central Communications, and any other situation that becomes adversarial although it would not otherwise require recording.

Once a deputy activates the camera, it is to remain on until the deputy reasonably believes his or her direct participation in the event is complete, or the situation no longer meets the criterion for recording. Our policy considers the dignity and privacy concerns of the individuals being recorded. A deputy may discontinue recording when these concerns legitimately outweigh any law enforcement interest in the recording.

I admit I had some initial resistance to body cameras, and not only because of the cost of the program. I feared morale might suffer if deputies perceived the program signaled a lack of trust, I thought it would take too much time to upload footage, and I worried activating the camera upon arrival at a complex and dangerous scene might cause distraction and delay.

I am happy to report my skepticism was unwarranted. The cameras preserve visual and audio details of an interaction from the deputy’s point of view, which is different from the angle of bystander cell phone video. Numerous times, the recordings have provided irrefutable proof that deputies treat people respectfully and follow agency policy despite danger, chaotic scenes, and verbal abuse. If, however, a recording were to support a complaint, it would be invaluable material to guide decisions about whether the matter was one best addressed through additional training, or if disciplinary action or termination were warranted. In similar fashion, the cameras are useful as part of our field training program. A supervisor is able to hold “film sessions” with a trainee much like a coach does with his or her players.

The recordings also provide protection against frivolous and malicious complaints. I appreciate and specifically want to thank County Commissioner Mark Dorosin for being so persistent and convincing me to move forward with the BWC initiative. The unbiased view from the camera has repeatedly provided opportunities to settle disputes where one person’s word differs from the other’s. Deputies now welcome the power of video; they have seen it refute dishonest or embellished reports of their actions. They also recognize the cameras document the professionalism with which they approach their duties.

If you see my deputies in the community, feel free to talk to them about our BWC program, and as always, call me if you have questions or concerns.

In 2019, the Criminal Investigations Division (CID) at the Orange County Sheriff’s Office investigated 660 cases, an amount comparable to the prior year.

The classic “catch a suspect red-handed” case is relatively rare, but when it happens, the responding patrol deputy interviews involved parties, collects relevant evidence, and presents findings to a magistrate. If the magistrate finds there was probable cause for the arrest, he or she establishes pretrial release conditions and sets the first court date. Our CID is not involved.

More often, a patrol deputy responds to a call for service or discovers a property crime while on patrol. If there is no suspect on scene or there is not enough evidence to arrest a suspect, the case is assigned to the CID.

Before I explain further, let me make an important clarification. Some crimes are classified as misdemeanors; others are felonies. Misdemeanors are less serious crimes (shoplifting, for example, as compared to burglary or armed robbery), and they carry less severe punishments. The victim in a misdemeanor can appear before a magistrate on his or her own behalf and petition for a criminal summons or warrant. If issued, and the alleged suspect/defendant is served, the matter will then be handled in criminal court. By contrast, if the crime is a felony (for example, drug trafficking, assault with a deadly weapon, sexual assault, or murder) the victim cannot directly take out the charges. A law enforcement officer (or the district attorney) must appear before the magistrate and present evidence and testimony on the victim’s behalf before the charges can be filed.

Eleven investigators serve in the CID. When a deputy receives a promotion to the division, he or she initially receives in-house training and specialized equipment such as a camera, a fingerprint processing kit, DNA sample kits, a gunshot residue kit, a measuring device, and evidence placards. He or she also attends off-site trainings in basic evidence collection, interview and interrogation, and case management. This latter course teaches the investigator how to prioritize tasks, organize evidence, pursue leads, document findings, and prepare the case for court.

Two of our investigators are evidence specialists; other investigators have expertise in digital forensics; while still others have advanced training working with juvenile victims or sexual trauma. All are cross-trained because although they primarily work a regular schedule, they are each on-call one week at a time for murders, serious crimes, serious assaults, rapes, and unintended or suspicious deaths that occur outside of regular working hours.

Once assigned a case, an investigator attempts to solve it through interviews, examination of evidence, verification of anonymous tips, or through further developments, such as when stolen items appear in pawn shops. If an arrest is made, the case is considered cleared. Last year, we cleared 165 cases by arrest.

If the investigation reveals no crime actually occurred, the case will be cleared and categorized ‘unfounded.’ This occurred 53 times last year. If the prime suspect in a criminal matter dies before the case was solved, or if we learn the crime actually occurred in a different jurisdiction, an investigator will close the case as exceptionally cleared; this designation was used 11 times last year.

A case may be designated as inactive if an investigator exhausts all leads and a month goes by in which no additional information is received. In such a situation, the case can be reactivated if someone provides additional information or if new technology becomes available. DNA is a classic example of this; as the science improves, many inactive cases become solvable.

In rape or serious assault cases, the investigation remains open until the statute of limitations runs. There is no statute of limitations on murder cases. If not solved, murder cases remain open. Although there are perhaps no more leads and no further evidence to pursue, an investigator will periodically review the file to remain familiar with the facts of the case and to determine if new forensic methods could be employed.

Investigators value providing closure to a victim or a victim’s family and improving the safety of the community through the prosecution of criminals. Despite our success last year, we carried thirty one active cases into this year. One hundred and ninety-five new cases have been assigned thus far in 2020.

The Criminal Investigations Division will continue to pursue justice on behalf of victims, and I am proud of the commitment, compassion, and professionalism with which they approach their service to the residents of Orange County.

Woody Durham used to say, “Go where you go and do what you do.” I love this phrase and use it often. We “go” in lots of directions and we “do” lots of things as we collectively carry out the mission of the Orange County Sheriff’s Office.

As professionals dedicated to safety and service, our work is essential. We are used to working during snow storms and hurricanes, missing holidays with our families, and pulling extra hours in times of local emergency. Although we recently altered some of the ways we “go where we go and do what we do,” COVID-19 did not necessitate radical change to service delivery for our road deputies and our detention officers. And it didn’t take COVID-19 for people to recognize or appreciate the service we provide. A quick glance through our Facebook feed reveals numerous examples of the kind and generous ways this community has long shown its appreciation for us.

These are anxious, troubling times. That said, I have enjoyed seeing people recognize that heroes are everywhere, not just in police cars, ambulances, and fire trucks. Take the medical profession, for example. Doctors and nurses always go where they go and do what they do, but suddenly we are noticing them because they are going and doing in unimaginable conditions. There are too many sick people, there is not enough personal protective equipment, there is significant concern about bringing the virus home to family members, and co-workers becoming infected. But still they press on. Additionally, many of us have a new appreciation for the heroics of the behind-the-scenes workers in the medical matrix. Respiratory therapists, intake workers, certified nursing assistants, environmental staff, lab technicians, 911 dispatchers, phlebotomists, and more are among the many professionals whose service to the rest of us is now in the spotlight. These professionals also continue to go where they go and do what they do; it just took COVID-19 for us to be aware of their everyday heroics.

We are also more aware of the critical roles that exist all along the food chain. When emergency orders required the closing of restaurants and bars, government officials simultaneously assured us grocery stores would remain open. We suddenly realized cashiers are on the front lines. Not only do they interact with dozens of potentially infected people every hour, they work well within the six feet prescribed by physical distance guidelines, and they engage in hand-to-hand financial transactions. As we noticed them, we also began to recognize the essential service of the employees stocking shelves, the drivers transporting food, the farmers growing crops, and the people serving in processing plants of all types. These people also go where they go and do what they do. Like law enforcement, they are doing what they’ve always done; but unlike law enforcement, it took this crisis for people to notice and for people to appreciate.

There are others - teachers and delivery drivers are obvious examples. And most of us seeking to entertain ourselves are turning to the work of artists: poets, authors, filmmakers, and musicians. It is impossible to quantify their contributions to society - and to our ability to tolerate this time in history.

Speaking of musicians, I want to close with something singer/songwriter James Taylor said in a Master Class interview with Oprah Winfrey. “You actually have to really defend your time in order to have a long thought.” Taylor, of course, was talking about the process of songwriting, but his words struck me deeply. The long thought is what allows us to see the people and professions that have been hiding in plain sight. They have been going where they go and doing what they do all along, but we have been too busy to recognize how critical they are.

I am realizing that while we are sheltering from this virus, we are also being sheltered from the extremely high level of distraction in the modern world. We are able to have the long thought.

I certainly miss my old way of life, and I will be glad to have it back. I think interaction with others is to a human what water and light are to a plant. But this time isn’t all bad. Today before noon, I had six conversations at the office that were real, and deep, and different from the interactions I was having pre-pandemic. We suddenly have more time to listen and reflect. There is something to be said for slow, simple, and rich. In other words, there is something to be said for the beauty of the long thought – the recognition that heroes are everywhere, going where they go, and doing what they do.

Stay safe. Wash your hands. Be good to one another, and call us if you need us.

I have heard people question whether the national response to the COVID-19 pandemic is too extreme. In this emergency edition of The Lowdown, I’ll discuss why leaders are responding the way we are from a macro perspective, and then I’ll focus specifically on the response of the Orange County Sheriff’s Office.

Many people who contract the virus only become mildly ill. Although healthy young people can die from Covid-19, statistically, they are far more likely to survive. Those with underlying medical conditions, compromised immune systems, and those who are over 65, however, are at far greater risk.

Here is a short but sobering look at the numbers. The United States’ population is approximately 330 million. Assuming 20% contract the virus (a conservative estimate); we will have 66 million sick people. If only 1% of those people die, America will have 660,000 fatalities. Most of those will be our elders, and those who are medically vulnerable.

If 60% of our population contracts the virus, 198 million people will get sick, and almost two million will die.

Our medical system cannot meet that kind of demand. Social distancing slows the rate at which people become sick; in other words, it flattens the curve and allows medical systems to respond to the influx of patients over a longer period of time. Even if the overall number of people who eventually get the virus does not change, if those people get sick across a longer period of time instead of all at once, we create less demand at any one time on critical – and limited - resources. It is tragic that people will die. It is unconscionable that some will die simply because they needed a hospital bed or a ventilator and there weren’t any available because people were unwilling to stay home for a few weeks to slow the spread of this illness. So, NO, I don’t think strict social distancing is too extreme.

As Sheriff, my job is to care about the health and safety of everyone in Orange County – not just young, healthy people. I am not willing to tell at-risk people they are worth anything less than the best efforts of this community. Even if those efforts are inconvenient, uncomfortable, expensive, or – dare I say it – boring, we must accept that we all have an individual responsibility to act in the best interest of others.

The Orange County Sheriff’s Office will continue to provide essential services. However, we have taken appropriate steps to restructure our service delivery.

I am responsible for the Detention Center, including the safety of the inmates who are detained there and the staff who care for them. All incoming detainees will initially stay in one of the two

negative pressure rooms we have created. Once we are sure the newcomers are not sick, only then will they transfer into general population.

Additionally, we followed professional recommendations and installed multiple air scrubbers with HEPA filtration in the detention center. Not only do these scrubbers reduce particulate matter and airborne viruses, they significantly improve air quality in the facility.

Health protocols have been reviewed with detention center staff. Employees who do not feel well or have had a known exposure to an infected person must stay home.

Visitation with inmates has been canceled for at least two weeks. Procedures are in place for emergency legal visits or other dire circumstances such as an inmate needing to receive notification of the death of a loved one. These meetings will be conducted using digital devices while the inmate is in a private isolated room. No face-to-face contact will occur.

Because schools are closed, we have a reserve staff of 20 school resource officers who can serve in the detention center or elsewhere as needed. They have been assisting with patrol, working the front desk, and they have been heavily involved in the ongoing efforts to provide food for students and the elderly.

We have not closed our office; however, we have limited some services, such as fingerprinting, to protect the secure areas of our facility. Additionally, until further notice, we are not giving facility tours or attending community meetings.

Patrol deputies will still respond to calls for service. If the call requires a deputy’s physical presence to resolve the matter, restore safety and stability, investigate a crime scene, or arrest an offender, those services will still be provided in a professional and caring manner. In such cases, deputies will attempt to maintain six feet of space between themselves and other parties while gathering information and interviewing those involved. People needing law enforcement services can help by turning on lights and turning down the volume on televisions or radios. This helps law enforcement officers assess the situation while keeping the recommended level of distance between parties.

Our Crisis Unit will continue to provide assistance for those experiencing domestic violence, with service delivery modified to protect all parties. The person seeking services will use a special laptop in our lobby to fill out required paperwork with the real time support and guidance of crisis personnel who have a remote connection to that machine. Equipment will be sanitized between users. Emergency hearings for domestic violence protective orders are still available, despite limited court services. The Crisis Unit phone number is (919) 245 – 2950.

 

Stay safe, be good to one another, and call us if you need us.