MPD urged to change domestic case policy
Calls renewed after officer shot wife, self
A murder-suicide involving a Milwaukee police officer last weekend is drawing renewed calls for the Police Department to adopt national standards that recognize when it comes to domestic violence, police officers shouldn’t be treated like any other citizen.
On Saturday, Officer Leon Davis fatally shot his wife, Sherida Davis, before killing himself. The Milwaukee Police Department won’t say whether the officer had been previously investigated, disciplined or counseled for domestic violence-related incidents. A records request for more information is pending.
Because incidents involving police officers present “exceptional obstacles” for victims, the International Association of Chiefs of Police in 2003 released revised guidelines for how departments should investigate their own.
In 2009, the Wisconsin Department of Justice created a model policy closely based on that one and offered it to agencies statewide.
The Milwaukee Police Department has not adopted them.
Instead, the department dedicates four paragraphs to the topic within its 22-page policy for responding to domestic violence.
Two of the four are blacked out on the city’s website. The department instructs responding officers to request a supervisor, who notifies internal affairs and the involved officer’s bosses.
Internal affairs then follows the department’s overall policy for investigating allegations of employee misconduct.
In a statement, the department highlighted its state accreditation as proof it has met standard operating procedures addressing domestic violence.
In the past, Chief Edward Flynn has said this adequately addresses the situation. Critics disagree. “We call for a standalone policy because this is one area of police conduct that we as a profession have not handled like we do other types of criminal behavior,” said David R. Thomas, program manager for the national police group and one of the authors of the national model policy.
“This is an area where we traditionally have looked the other way,” Thomas said.
A pattern of abuse generally precedes fatal encounters, experts agree.
“Very, very rarely is the homicide an isolated incident,” said Tony Gibart, associate director of End Domestic Abuse Wisconsin.
Control and power
Court records show Leon and Sherida Davis had a strained relationship, filing for divorce in 2012 and again last year. They were scheduled for a hearing this month.
“We know when victims are leaving that can be the most dangerous time for them because that’s when an abuser will try to re-establish control,” said Erin Perkins, coordinator of the Milwaukee Commission on Domestic Violence and Sexual Assault.
“Sometimes that is what ultimately leads to a homicide,” she said.
In addition to carrying guns, police officers have authority, access to information, training, tools and resources that could be used to perpetuate abuse. A victim may fear retaliation or be concerned about their children or financial pressure should their partner lose their job.
Citing those factors, the city’s Commission on Domestic Violence and Sexual Assault on Tuesday called for “adoption of protocols and prevention strategies by law enforcement agencies that account for these challenges.”
Their call came soon after a statement from the Milwaukee Police Association, the union for rank-and-file officers, commented on the murder-suicide, citing stress of the job as “more than can be reasoned” and urging others not to judge “the final act; rather appreciate the life.”
“There are a lot of professions that have stressors and the stressor does not give somebody the right to engage in any type of criminal activity,” Thomas said.
“Most officers deal with the stressors and do not engage in that,” he said. “I think it’s very, very unfair to use that to excuse that type of behavior.”
Experts emphasized domestic violence is about an offender’s need for power and control.
Other cases
The International Association of Chiefs of Police lays out elements that should be included in department policies for dealing with officer-involved domestic violence. Such policies should offer firm, written guidance and take much of the discretion away from officers. The national organization also recommends outreach to officers and their families about domestic violence resources throughout an officer’s career.
The Milwaukee Police Department does provide three to four hours of training specifically on officer-involved domestic abuse to recruits as part the 16-hour domestic violence training, according to information provided to the city’s domestic violence commission Thursday.
Under federal law, a domestic violence conviction can bar anyone from owning guns and can prohibit officers from continuing to work as armed law enforcement. In general, a state misdemeanor disorderly conduct conviction — among the most common type of charge related to domestic violence in Wisconsin — typically does not qualify under federal law, no matter who the victim is in the case.
Within the past year, a Milwaukee officer who was convicted of disorderly conduct for breaking down a door in Brookfield during an argument with his wife received a 30-day suspension. His misdemeanor charge had been reduced from a specific domestic abuse offense. Had he been convicted of the original charge, he would have been barred from carrying a gun.
In another case, a sergeant whose wife got a restraining order against him during their contentious divorce proceedings was ordered to complete unspecified, confidential programming or else face a 30-day suspension from the department. If he completes the program, he will not be disciplined.
Last week, a former Milwaukee officer received a year of probation after a jury convicted him of disorderly conduct for banging on the windows of his ex-girlfriend’s Brown Deer home and refusing to leave when she wouldn’t answer more than 50 phone calls.
Edmund Estacio told a Brown Deer officer he couldn’t believe the woman “crossed the line by calling police” and he asked the officer to tell the woman not to get a restraining order. After his conviction last month, Estacio resigned from the force.
And a 2011 Milwaukee Journal Sentinel investigation found at least 16 Milwaukee police officers had been disciplined after internal investigators concluded they had committed acts of domestic violence.
Only three of those 16 officers ended up with criminal records.
Getting help
The studies of the rates of officer-involved domestic violence are somewhat dated, but even professional police associations have suggested the rate is likely as high as the general population, if not higher, said Gibart of End Domestic Abuse Wisconsin.
Domestic violence also is an underreported crime, he said.
“There are countless reasons why victims of domestic violence in general often do not come forward to report abuse, but for individuals who are being abused by a law enforcement officer there are even greater and more significant barriers,” Gibart said.
This week, advocates urged those suffering abuse to get help and know they have the option of reaching out to services without involving law enforcement.
“What’s paramount is wanting to keep victims safe and making sure they know that resources are available,” Perkins said. “That comes before anything else.”