Detective Mark Deaton
Detective Sandie Esters
 2009
 843 Total Convictions (72%)
 322 Dismissals (28%)
 Longmont
 481 convictions
 84 dismissed cases (14 percent)
 28 cases dismissed with plea bargain
 City of Boulder (30 percent dismissal rate)
(Domestic Violence Statistical Report 2009 BC)
 1700 calls for service annually (Average of
Domes/VPO/Child Custody since 2006)
 722 reports in 2009
 41% of all cases in Boulder County (2009)
(Domestic Violence Statistical Report 2009 BC)
 Reviews all case reports written at PD
 Work closely with Safe Shelter and LEVI
 Presentations and Community events to raise DV
awareness
 Follow up on:
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Open investigations (more complex)
District Attorney request
HHS request
Safe Shelter request
Direct calls from victims
Follow up on closed cases
Open- closed cases to charge individuals
 Implications for Law Enforcement
 The single, most appreciated service that officers can
deliver to the greatest number of victims is the arrest
of their abusers. Specialized domestic violence law
enforcement units that focus on arrests can enhance
the likelihood of successful prosecution and increase
victim satisfaction and safety. (Research basis:
Although specific studies of specialized domestic
violence law enforcement units are few, the activities
conducted by these units have been more widely
studied and supported by extensive research.) (2009
NIJ)
 A number of jurisdictions have endeavored to create what have
been called coordinated community responses, composed of
multiple criminal justice and social service agencies that respond
to domestic violence.
 This approach may exert a positive impact on both case
processing and reabuse, according to initial research. [118] For
example, both arrests and successful prosecutions increased in
several Minnesota jurisdictions with the creation of coordinated
community responses involving law enforcement. [69] Other
studies have found similar promising results [118], although more
is required than participation in multidisciplinary task forces for
communities to create effective coordinated responses. [227]
Personnel of relatively autonomous organizations (both public
and private) cannot be presumed to have the organizational
capacity or the willingness among their personnel to truly
collaborate. [73] (2009 NIJ)
 2 officer’s dispatched to all IN-PROGRESS Domestic
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Violence calls
Arrive on scene and begin talking with involved parties
Determine if medical attention is needed
Determine if suspect/victim is at large
Determine if parties are in immediate danger
Separate involved parties (interview separately)
Determine if probable cause or reasonable suspicion
exist
 Based on specific and articulable facts taken together
with rational inferences from those facts.
 More than a “Hunch”
 Less than Probable Cause
 LPD policy is to write a report if RS exist a crime was
committed
 Probable cause to arrest exists when you have
sufficient specific reliable information to believe that
under the totality of the circumstances that the
suspect has committed or is committing a crime.
 Less than Proof beyond a reasonable doubt
 51% versus 49%
 District Attorney’s Burden of Proof
 The level of certainty a juror must have to find a defendant
guilty of a crime. A real doubt, based upon reason and
common sense after careful and impartial consideration of
all the evidence, or lack of evidence, in a case.
 Proof beyond a reasonable doubt, therefore, is proof of
such a convincing character that you would be willing to
rely and act upon it without hesitation in the most
important of your own affairs. However, it does not mean
an absolute certainty. (2011 lectric law library)
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 If Probable cause exists to arrest one or both parties,
person will be taken into custody and taken to Boulder
County Jail
 Arrestee must see a judge prior to posting bond and
acknowledge protection order on the record
 Arrestee typically is granted a civil standby to retrieve
personal property. Must be granted by Judge. Not
automatic in criminal protection orders unlike civil
protection orders.
 Rare 21 out of 368 arrest (Longmont)
 City of Boulder (41 out of 284 arrest)
 54% both convicted
 34% one conviction/one dismissed
 12% both dismissed
 57% of dismissals were female/ 43% male
(Domestic Violence Statistical Report 2009 BC)
 Victim/Witness/Suspect Statements
 Crime Scene
 911 call
 Phone and/or computer information
 Video surveillance
 Physical Injuries
 Experience and Training
 Size and Gender considerations
 Predominant vs Primary Aggressor
 Previous Domestic Violence history (Still have to
develop PC for specific incident you are investigating)
 Threat of future Domestic Violence Incidents (Can’t
force people out of their homes)
 Motives (Civil Disputes/Criminal Case/Divorce)
 Defensive Injuries/Offensive Injuries
 Verbal Only reports
 Different Interpretations of events
 Not probing questions
 Civil issues with a small amount of criminal activity
 Victim will focus on immediate civil action issue and not
know or report criminal activity
 Different interpretations of criminal code (why some
charge some crimes and others don’t)
 Female party says she was pushed
 Male denies pushing female and says she was yelling at
him
 No witnesses
 No signs of injury
 No previous history at residence
 Offender / Victim-Perspective (Opposing view points
which will build off one another)
 Have to find a balance when interviewing Victim
between pushing Victim for details and/or backing off
Victim (Uncooperative vs Disclosure)
 This interaction could relate to future interactions with
LE and DA.
 Window of Opportunity to get information when
Victim is in crisis and coming forward
 Window will close quickly once LE leaves the scene
and/or is no longer in contact with Victim
 Can parties be separated for a period of time
 Explanation of DV laws to include mandatory arrest
laws
 Safety Planning
 Victim and/or Suspect resources
 Protection Orders
 Child Custody Paperwork
 Safe Shelter etc.
 Health and Human Services
 2nd Degree Assault vs 3rd Degree Assault
 Menacing
 Child Abuse
 Attempted Charges
 Some charges get overlooked in lieu of known charges
 DA will make ultimate charging decisions whether
Misdemeanor of Felony case
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Extreme Emotions -Victim vs Suspect (Frantic vs Calm)
Officer manipulation
Why should we care if Victim doesn’t
Credibility issues
Limited time to deal with situation that is months/years in the
making
Problems with court documents
Offenders who know the “system”
Perceived lack of caring by Law Enforcement if nothing happens
(IE arrest is not made)
Misconceptions from LE investigations vs Victim outcry to
Victim Service Groups
Victim’s previous history with LE, Shelters, DA (previous case
outcomes etc)
 Previous History at Location
 Victim was hysterical after arrest made
 Wants arrest made doesn’t want arrest made
 Refuses to work with DSS and SAFE SHELTER
 Long History of Domestic Violence within family
 Criminal vs Civil Orders (Do you want BOTH)
 Divorce Decree’s
 Child Custody Agreements
 Only restrained party is in violation. Victim can not
get in trouble for initiating contact (DA will have
difficult time with this type of case)
 Bond Violations carry mandatory sentencing (6
months for Misdemeanor and 1 year for Felony)
 In a Colorado study, the average female petitioner
suffered 12.74 abusive behaviors in the year before
requesting their orders (e.g., being threatened to
being raped). About 20 percent reported that their
prior abuse included the more serious behaviors,
including strangling, forced sex and beating. The
duration ranged from once to 31 years, with a median
of 2.4 years. (2007 DOJ)
 Victim Advocates contacted on “in-progress” calls
 Blue Sky Bridge interviews for children
 Increase in stalking charges (Look at the bigger
picture)
 Most stalking cases involve electronic footprint
 Phone calls and text messages
 Social Media Sites (Facebook)
 Serious Emotional Distress
 Habitual Domestic Violence Offender (F5)
 Person has 3 DV convictions since 7/1/2000
 Many cases now involve electronic components
 Telephones
 Computers
 Spoofing (phone calls, IP addresses)
 Social Media Sites
 Facebook, MySpace, Adult Friend Finder, Etc.
Victim reports ex-husband spoofed her children's cellular phones and
called her.
 Son’s phone bill does not show a phone call to his
mother (as her phone bill does)
 Daughter’s phone bill does not show a phone call to
her mother (as mom’s phone record shows)
 Suspects phone does not show a phone call to ex-wife
or a spoofing site
 Victim’s phone records are sequentially out of order
 Most companies require a court order or subpoena to
produce documents
 Call History
 Text Messages (Hard to recover unless in progress)
 Facebook Post
 GPS locations
 Juries want to place suspect behind the keyboard or
telephone
 Have to build a case around the suspect (circumstantial
evidence vs direct evidence)
 Do victim’s fear re-assault (Victims rarely exaggerate
their risk level but commonly underestimate it)
 Situational Circumstances can play larger role than
chronic abuse cycle
 Firearms in a household increase chance of lethal
violence 6 to 1. (CDC Study)
 Victim’s previously threatened or assaulted with a
firearm are 20 times more likely to be murdered by
their abuser.
 Prior threats to kill, prior strangulation and sexual
assaults, as well as drinking and drug use histories and
current use, should be taken very seriously when
considering offender dangerousness. (2009 NIJ)
 Victim Pamphlet (November/December 2011)
 Folder with Legal Pad, user friendly materials
DOMESTIC VIOLENCE RESOURCES
Housing
Protection
Orders
OU
1)
2)
3)
4)
Longmont Housing
Authority 303-651-8581
LEVI-303-774-4534
Our Center 303-772-5529
Emergency Family
Assistance 303-442-3042
Child Exchanges/Supervised
Parenting Time
1) St. Vrain Family Center303-776-5348
1)
2)
Compensation for
damages/injuries
Child Custody
1) Boulder County
Courts 1035 Kimbark
St
Boulder County
Courts 1035 Kimbark
St
BreAnne Bromley
303-772-0432
Counseling Services
Legal Assistance
1) Legal Aid 303-449-7575
2) Safe Shelter-BreAnne
Bromley 303-772-0432
3) Colorado Legal Services
303-837-1321
4) SPAN 303-444-2424
1) Boulder County Mental
Health 303-684-0555
2) Safe Shelter 303-7724422
3)
1) Victim’s
Compensation Fund
303-682-6801
2) LEVI 303-774-4534
Substance Abuse Classes
1) Addiction
Treatment Center
303-651-9200
2) ARC 303-4411275
Longmont Police Department (911)
Child Care
Non-Emergency-303-651-8501
Det. Mark Deaton 303-651-8517
Det. Sandie Esters 303-774-4720
Boulder County District Attorney 303441-3700
1) Our Center 303-772-4320
2) Longmont YMCA 303-776-0370
303-772-4422
 Detective Mark Deaton 303-651-8517
 Detective Sandra Esters 303-774-4720
 If you are interested in scheduling a RAL please call
303-651-8555