Gun Violence Solution: Prosecute Attempted Murders and Gun Crimes
Gun Violence Solution: Prosecute Attempted Murders and Gun Crimes
To reduce murders, prosecuting attempted murders is a crucial step to reduce violence and enhance public safety
During a change of command, I was selected to present an agenda of three priority items to the new chief. My recommendations included reconfiguring shifts for more peak coverage, turning a technology office into a real time crime center, and pursuing all gun and shooting cases regardless of victim cooperation.
The gun cases we ignore
Gun violence cases are frequently dropped due to lack of victim cooperation and participation. Gunshot victims in the hospital will lie about every detail including where the crime took place, if there was a crime at all. Many false robbery reports are filed where right handed victims, restricted from firearms possession due to a past crime, suffer injuries to their left leg and claim to have been shot on a lonely trail. These mysterious cases are alleged to take place in least traveled area.
These robbers must be of the most patient yet mercurial temperament, choosing the area to forcibly deprive people of their valuables, where they are most unlikely to encounter a prime robbery victim. My theory is trigger discipline.
An intrepid detective visited an attempted murder victim in the hospital who was shot more than a dozen times with a semi-automatic rifle while lying on his back on the street at close range. His amazing survival was attributed to the projectiles, due to the close range, cauterizing his wounds. The victim didn’t want to prosecute and couldn’t describe anyone who shot him. The detective did his best to persuade the victim to no avail. Retaliation was the name of the game.
There are three media stories that rarely make the news: suicide, overdose, and shooting victims who don’t want to prosecute. In the case of the latter, they eventually show up in another news story. Consider the coverage of tragic stories, including those that hit the national wire, where following a murder, series of murders, or ‘mass shooting’ they discuss how many previous shooting cases this person was suspected. The hypocritical media point out all missed opportunities by law enforcement while leaving out key details essential to proving the most basic of cases, including venue. The way we are currently doing business; blaming staffing, budget, and difficult victims will only make violent crime rise.
We have all the money and man-hours for a murder
Nobody cries poor-mouth when there is a murder or disappearance that catches national attention. The training furnished by the National Center for Missing and Endangered Children is spot on. I attended their training just prior to the Caylee Anthony disappearance and all their instruction was validated by the events of that case. In that respect, it was the most unremarkable of disappearances with nearly every aspect of the case landing in the 99th percentile of likely outcomes.
Persistence is the paramount virtue of a homicide detective. Days worked without sleep, then flying last minute to states where the suspect was captured. I helped calculate overtime that crossed pay periods. Sometimes that required more patience and stamina than solving the crime. When murders were low, the homicide squad embraced the praise, but when killings were rising, none took the blame and rightly so. One detective told me that murder was unpreventable. I’m still convinced that is incorrect, but I agree that not all murders are preventable.
There are a percentage of cases of aggravated assault with a firearm, aggravated battery with a firearm and attempted murder where no amount of effort of time and financial resources will result in a viable criminal case. In the cases of uncooperative victims, these always open the door to multiple constitutional investigative opportunities. If you can’t make a case, scavenge some intelligence documenting associates and where guns are being sourced.
To determine what percentage of these can be solved, look to your most successful homicide units in the region. If they are rocking a 65% solve rate on homicides, who unquestionably have the most uncooperative victims, any violent crimes or major case unit can do nearly the same.
According to Statistica “In 2022, murder and manslaughter charges had the highest crime clearance rate in the United States, with 52.3 percent of all cases being cleared by arrest or so-called exceptional means. Motor vehicle theft cases had the lowest crime clearance rate, at 9.3 percent.” Some large jurisdictions do an exceptionally poor job of reporting clearances so we can reasonably expect that this number is below the actual percentage. Also, cold cases are being solved at an ever increasing rate and these cases go back years and decades.
I wanted to know what William Fraass, author of the book Leadership in Law Enforcement, thought about this. He retired as a captain after 27 years in law enforcement and is now the Managing Consultant/Owner of Code 33 Consulting LLC. His posts on LinkedIn and his observations are refreshingly clear and straightforward on police relevant stories in the media. Here are his thoughts:
“This is why all shootings (even those where no one is injured, those with uncooperative victims, or in criminal vs. criminal shootings) need to be prosecuted with the same seriousness, zeal, and dedication as any other violent crime. When criminals, especially violent criminals, are not held accountable they are emboldened to commit more frequent and more serious crimes. Until these dangerous criminals are held accountable for their actions by facing appropriate criminal charges and receive consequential punishment, they will continue their violent and dangerous behavior. This more assertive philosophy regarding criminal charges will also give these violent criminals more serious criminal records if/when convicted so when they offend again they can face more serious punishments as repeat offenders.”
I couldn’t agree more. It is a fair expectation that if a person engages in deadly force, and begins shooting at another person or persons, there is an inherent intent to end the other person or persons lives.
In some cases, the difference between an attempted murder and a death is the proximity to a level one trauma center. One law enforcement professional calls attempted murders ‘practice murders.’
As a culture, policing has trained its officers, sergeants, lieutenants and detectives to repeat mockingbird phrases excusing the profession from being diligent in these cases. Detectives spend hours on the phone every week parroting the nonsense that due to staffing and funding issues the agency will not pursue the shooting case where there was no victim or an uncooperative victim. It will feel like the only person interested in solving the case is the detective. It was attempted murder and there is no excuse for abandoning that case.
However, suddenly their department can afford millions of dollars in body camera data storage? An agency with more than fifty officers in the School Resource Officer program didn’t have more than one custodial arrest in a year. These contradictions are out there, easily accessible public information, often reported on the agency’s own social accounts.
Leadership and priorities
All law enforcement professionals at every rank, sworn and civilian, should ask themselves this simple question. Why do murders, the most challenging cases to solve, have the highest clearance rate of all investigated crimes?
The answer is obvious: priorities!
Media reports of murderer arrests repeatedly cite all the suspect’s previous intersections with law enforcement. Those stories are a boon to media outlets but none of them reflect law enforcement in a positive light. For far too long the burden has been on the officer, detective, sergeant, and lieutenant explaining away the agency’s lack of commitment. That’s not fair. These choices are made in the conference room by command staff.
Authentic courageous leadership would allocate staffing to investigating the attempted murders, lock up those convicted of attempted murder, and prevent many future murders.
Please keep all law enforcement professionals in your prayers.
Roland Clee served a major Florida police department as a Community Service Officer for more than 26 years. His career included uniformed patrol, training, media relations, intelligence, criminal investigations, and chief’s staff. He writes the American Peace Officer newsletter, speaks at public safety, recruiting and leadership conferences and helps local governments and public safety agencies through his business, Command Staff Consulting.
References
https://counciloncj.org/10-essential-actions/
https://www.heritage.org/firearms/commentary/six-strategies-curb-violent-crime
Here’s what we know.
Most gun crimes are perpetrated by a small and predictable number of serial offenders. Because of their past offenses, these people are already prohibited from buying or possessing guns.
I don't know how much control law enforcement has over this. You could have viable cases 100% of the time, and still end with up with a large percent going free because the DA doesn't care, or just wants to offer up sweetheart deals to clear their caseload.
The only way I personally have stayed sane is to focus on doing my job well, and not expect much after the arrest. You can't hold on too tightly. On our mind, video evidence, great IDs, etc etc all mean an airtight case. Why is the DA offering no prison time programs to repeat violent offenders facing decades? Are they THAT afraid of a trial? I think I could win these cases. I don't think the jury pool is as bad as they claim - I deal with the same people practically everyday and have lived there too. You're not going to find lots of people sympathetic with repeat violent offenders anywhere.
That's why I couldn't do what leadership does. I'm not screaming at the brick wall of politicians/lawyers/judges. I can just do my best, make an arrest, and standby for court.
Excellent reminder. We know a few things. First, lawless places are always inevitably violent ones. And crime, particularly violence, is disproportionately distributed. There are already sufficient laws on the books to focus on repeat violent offenders. Additionally, with the reality of retaliation and risky lifestyles, failing to have the will to enforce the law clearly weakens public safety. It is a failed public policy approach.