Posts

Yeah, well, don’t let those click-bait headlines get your unmentionables all bunched up, because ALL, and I repeat, ALL killings of human beings by other humans are homicides. And certain homicides are absolutely legal.

That’s right, L.E.G.A.L., legal.

New Picture

Yes, each time prison officials pull the switch, inject “the stuff,” or whatever means they use to execute a condemned prisoner, they commit homicide. All people who kill attackers while saving a loved one from harm have committed homicide. And all cops who kill while defending their lives or the lives of others have committed homicide. These instances are not a crime.

It’s when a death is caused illegally—murder or manslaughter—that makes it a criminal offense.

Murder is an illegal homicide.

For example, in Virginia:

§ 18.2-32. First and second degree murder defined; punishment.

Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.

All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.

Therefore, those seemingly dramatic headlines that read “Shooting By Cop Ruled a Homicide,” well, they’re often nothing more than words used to affect people’s emotions, induce a reaction, or to encourage people to click over to their website, which, by the way, is how many “news” outlets pay the bills.

So please, un-wad those unmentionables and don’t be a victim of media sensationalism.

By the way, how many of you clicked over to this blog because of the headline/blog-post title? Gotcha …


There’s still time to register for this extremely rare opportunity where you will attend the same training offered to top homicide investigators from around the world! This course of instruction is typically for law enforcement eyes only, but the Writers’ Police Academy, in conjunction with Sirchie, the world leader in in Crime Scene Investigation and Forensic Science Solutions, has made it possible for to attend this, the only event of its kind in the world!

MurderCon takes place at Sirchie’s compound located just outside of Raleigh, N.C.

Please, do your readers a huge favor and sign up today while you still can.

MurderConRegsitration

The writer, a lovely woman who writes as Esther Neveredits and who shares her office with seven cats of various sizes and personalities, opened the first chapter of her first book with the following passage.

“Detective Barney Catchemall followed the cop killer, a man named Folsom Blue, across seven states and forty-eight jurisdictions, to a house in Coolyville, California where he shot Blue in the arm with a single round fired from his department-issued semi-automatic revolver. He bandaged his prisoner’s wound (just a nick) and then brought him back to the city where the homicide took place and where he’ll stand trial before the Grand Jury on a charge of Homicide 1.

He’d been tried for the Homicide 1 charge once before but was found not guilty and set free with a clean record. However,  the vindictive DA decided to try him again, hoping for a more suitable outcome, a conviction, which was practically guaranteed the second time around since the hardworking prosecutor personally handpicked the jury members … twelve badge bunnies. And, as soon as the paperwork was complete, he had plans to seize Blue’s oceanfront condo and his yacht. It was a good day. A good day indeed.”

So, did Ms. Neveredits have her facts straight? Yes? No?

Fortunately, and unlike Esther (bless her heart), most writers are pretty savvy when it comes to writing about cops and criminals and everything in between. And those who have questions … well, they typically ask an expert to help with the details. Or, they attend the Writers’ Police Academy where they’ll receive actual police training—driving, shooting, door-kicking, crime scene investigation, classes on the law and courtroom procedure, and so much more, and it’s all designed for writers.

But let’s return to Esther’s paragraph. What did she get wrong? The better question is how many things did she get wrong and in so few words?

  • Is there an official charge of Homicide I?
  • Are police officers permitted to cross jurisdictional boundaries, shoot a suspect, and then bring them back to stand charges?
  • Do Grand Juries try criminal cases?
  • Can a defendant be tried twice for the same crime?
  • Can a prosecutor continue to bring charges against someone over and over again until they get the results they seek—a conviction?
  • Semi-auto revolver? Is there such thing as a semi-auto revolver?
  • What the heck is a badge bunny?

Okay, let’s dive right in.

Just say no to “Homicide 1”

OLYMPUS DIGITAL CAMERA

It is Murder that’s the unlawful killing of another person. The crime is usually deliberate or committed during an act that showed total disregard for the safety of others.

“I understand that murder is a crime,” you say, but … what’s the difference between murder and homicide? Don’t they share the same meaning? Is there a difference?

Yes, of course there’s a distinction between the two, and the things that set them apart are extremely important.

Again, murder is the unlawful killing of a person, especially with malice aforethought. The definition of homicide encompasses ALL killings of human beings by other humans. And certain homicides are absolutely legal.

By the way, animals (horses, dogs, pigs, cows, chickens, etc.), do not fall into the category of “all killings of human beings by other humans.” Therefore, there is no charge of murder for killing an animal. There are other laws that apply in those instances, but not, “Farmer Brown received the death penalty for murdering Clucky, his prized rooster.”

Anyway, yes, some homicides are indeed, L.E.G.A.L., legal.

Another term/crime you should know is felony murder. Some of you attended a popular and detailed workshop about this very topic at the Writers’ Police Academy.

To get everyone’s attention, a bank robber fires his weapon at the ceiling. A stray bullet hits a customer and she dies as a result of her injury. The robber has committed felony murder, a killing, however unintentional, that occurred during the commission of a felony. The shooter’s accomplices could also be charged with the murder even if they were not in possession of a weapon or took no part in the death of the victim.

Also, Manslaughter – Even though a victim dies as a result of an act committed by someone else, the death occurred without evil intent.

While attending a mind-numbing car race where drivers made loop after loop after loop around an oval dirt track, a quite intoxicated and shirtless Ronnie Redneck got into a rather heated argument with his best buddy, Donnie Weakguy.

Donnie Weakguy

During the exchange of words, Weakguy begins yelling obscenities and with the delivery of each four-letter word he jabbed a bony index finger into Redneck’s chest. Redneck , a man of little patience, took offense at the finger-poking and used both hands to shove Weakguy out of his personal space. Well,  Weakguy, who was known countywide for his two left feet, tripped over his unconscious and extremely intoxicated girlfriend, Rita Sue Jenkins-Ledbetter, and hit his head on a nearby case of Budweiser. He immediately lost consciousness and, unfortunately, died on the way to the hospital as a result of bleeding inside the skull. Weakguy’s death was not intentional, but Ronnie Redneck finds himself facing manslaughter charges.

To address Ms. Neveredit’s additional missteps:

Jurisdiction – A law enforcement agency’s geographical area where they have the power and authority to enforce the law. The location is typically the area where the officer is employed and sworn to enforce the law. A city officer’s jurisdictional boundary is within the city limits (In most areas tthere is small allowance that extends beyond the city limits where officers are legally permitted to make an arrest.

Sheriffs and their deputies have authority in the county and any town or city within those boundaries, state police—anywhere in the state, federal agents—anywhere within the U.S. and its territories. To learn more about the exceptions please click over to my article titled Jurisdictional Boundaries: Step Across This Line, I Dare You.

Grand Jury – A panel of citizens selected to decide whether or not probable cause exists to charge a defendant with a crime. The Grand Jury hears only the prosecution’s side of the story. The defense is not allowed to present any evidence. In fact, the defense is not allowed to hear the testimony offered by the prosecution.

A Grand Jury does NOT try cases

Grand Jury members meet in secret, not in open courtrooms. Now you know why …

Asset Forfeiture – The government is allowed to seize property used in the commission of a crime. Many police departments benefit from the forfeiture of items such as, cash, cars, homes, boats, airplanes, and weapons. These items may be sold at auction, or used by the police.

For example, drug dealers use a 2010 Mercedes when making their deliveries. Police stop the car and arrest the occupants for distribution of heroin. Officers of a joint task force seize the car and subsequently fill out the proper asset-forfeiture paperwork. The vehicle is later forfeited (by the court) to the police department’s drug task force. They, in turn, assign the vehicle to their drug task force where officers use it as an undercover car. Other assets (again the items must be fruits of the illegal activity) are also seized and sold and the proceeds are divided among the agencies who participated in the bust and prosecution—prosecutor’s office, local police departments with officers assigned to the task force, etc.

Double jeopardy – The Fifth Amendment rule states that a person cannot be made to stand trial twice for the same offense.

Badge Bunny – A woman or man who is over-the-top romantically interested in police officers and firefighters, and pursues them relentlessly. And I do mean REE-Lentlessly. They sometimes follow officers around while they’re on duty. The eat in the same restaurants. Watch officers from afar. Bring baked goods to the police department. Call in false reports that bring officers to their homes. Stand or park nearby the police department during shift changes. Make friends with dispatchers, hoping they’ll help get them closer to the officers who make their stalking hearts go pitter-patter. They drive fast, hoping an officer will stop them for speeding, an opportunity to flirt. And, well, you get the idea. REE-Lentless.

 

There’s an old cop saying, “The badge will get you a bunny, but the bunny will eventually get your badge.”

* Badge Bunnies have been assigned a variety of nicknames by officers, such as beat wives, holster sniffers, and lint (because they cling to uniforms).

Now, a final thought …

Here’s a easy rule of thumb to remember that’ll help to sort out the murder/homicide issue.

  • All murders are homicides, but not all homicides are murder.

See, not confusing at all …

WAIT! We forgot to address the semi-automatic revolver. Is there such a thing? Well, typically the answer would be no. However …

 

See, I told you the only things consistent in police work and the law are the inconsistencies therein. And that’s a fact … maybe.

 

Evidence = The thing or things that furnish proof.

Proof = Something that establishes the validity of truth.

Truth = A body of real things.

Real Things = Evidence.

Okay, now that we’ve established the fact that evidence is/are real things that offer proof of the truth, let’s examine a few places where police investigators sometimes find those real things.

Above all, though, before beginning the death scene investigation detectives should first check for signs of life. There’d be nothing worse than wrapping up a crime scene investigation and then have the victim sit up and tell you that you’d missed the most obvious clue of all … a heartbeat.

The savvy detective knows to always look up, down, and all around. After all, tunnel vision can be a cop’s worst enemy in more ways than one. Detectives also know to never smoke, chew gum, eat, or drink while inside a crime scene, and that’s because doing so could deposit “real things” that crime scene techs could be confuse with actual evidence, such as cigarette ashes or a gum wrapper.

And, since there are no “do-overs” with a crime scene, you only have one shot at it before the scene is forever altered. Remember Locard’s Principle from yesterday’s article—“always, without fail, when two objects come into contact with one another, each of those objects will take something from the other or leave something behind.”

A head-to-toe visual exam of the body/victim includes making note of its position and if there’s something abnormal, such as an arm or leg in an unnatural angle. The eyes. Are they open or closed? Any obvious signs of a struggle. Defensive wounds on the hands?

Check for lividity. Is it fixed? If so, where does it show up. Lividity, when present, should appear at the lowest points of the body. If not, that’s an indication that the body was moved after death.

Lividity

Lividity, aka Livor Mortis is the pooling of blood in the lowest portions of the body. It’s caused by gravity and begins immediately after death. The telltale signs of livor mortis, the purplish discoloration of the skin, begins the moment the heart stops pumping. This process continues for approximately 6-12 hours, depending upon surrounding conditions, until it becomes fixed, permanently staining the tissue in the lowest parts of the body. When large areas become engorged with lividity, the capillaries in those areas sometimes rupture causing what’s known as Tardieu spots. Tardieu spots present as round, brownish blacks spots.

Lividity can help investigators determine an approximate time of death. The staining of tissue normally begins within the first two hours after death. The process reaches it’s full peak (fixed) in eight to twelve hours.

If the victim is moved during the first six hours after death the purplish discoloration can shift, causing the new, lowest portion of the body to exhibit lividity.

After a period of six to eight hours after death, when lividity becomes totally fixed, the patterns of discoloration will not change. Therefore, investigators know a body found lying face down with lividity on the back, has been moved.

Rookie officers have often confused lividity with bruising caused by fighting.

Remember, ambient air temperature is always a factor in determining the TOD (time of death). A hot climate can accelerate lividity, while a colder air temperature can slow it down considerably.

Missing Jewelry

Before bagging the hands (use paper bags) to preserve any evidence that may be located around and beneath the fingernails, investigators should carefully examine the hands and wrists, visually, making note of marks or other indications that jewelry had been worn, such as a tan line or indentation on the ring finger. This is a sign that robbery could have been the motive for the death. And that the missing items may appear on an upcoming pawn shop daily report. In most areas, pawn shops are required to submit a daily list of all items purchased. This aids police in tracking down stolen merchandise.

Paper bags are used for bagging the hands because plastic aids in the incubation process of bacteria and, as you know, bacteria growth accelerates decomposition. Bacteria can also destroy DNA.

Alternate Light Sources (ALS)

The use of various alternate light sources are used to detect stains and body fluids, fibers, and even fingerprints, all evidence that’s often not visible to the naked eye.

ALS equipment/RUVIS – Sirchie ~ 2018 Writers’ Police Academy

 

 

 

RUVIS (Reflective Ultraviolet Imaging System), a system of locating latent (invisible) fingerprints) without the use of powders, fumes, or chemicals, was developed by Sirchie Fingerprint Laboratories, a sponsor of the Writers’ Police Academy, and the U.S. Army. The system focuses on one specific section of shortwave ultraviolet light, the germicidal spectrum of light, which cannot be seen by the naked eye.

A particularly unique feature of RUVIS technology is that it works in both total darkness and in bright sunshine, a must for use by police investigators.

Sirchie’s Krimesite Imager uses RUVIS technology to detect invisible residues from fingerprints. Those residues reflect UV light projected from the device, which immediately captures the reflections with a 60mm UV lens. A built-in scanner then converts the images to visible light, allowing the investigator to see the fingerprint. All this is done instantly, in real time. And, the detective is able to see images from up to fifteen feet away.

Once the print is located, the investigator uses the Imager to photograph it and, with the use of a micro-printer, print a copy of the desired evidence. All this without the messy powders that never seem to wash away. The KS Imager can also be used to greatly enhance prints developed using cyanoacrylate fuming (Super Glue).

*By the way, keep your eyes and ears open for a major announcement regarding the Writers’ Police Academy and Sirchie. You are going to lose your minds when you hear the news!

Bloodstain Patterns

Characteristics of a blood drop

  • blood drops are formed by gravity
  • blood drops cannot break apart unless contacted by an outside force
  • larger drops travel further than smaller drops (due to mass, not size)
  • blood drops always travel in an arcing path (impact injuries)
  • size ranges from a few millimeters to few centimeters
  • volume of a drop of blood is in direct proportion to whatever it’s dropping from (ax, stick, arm, leg, etc)

Crime scene investigators typically measure bloodstains that hit surfaces on the way up, not stains made by blood that’s on its way back down. Stains made when traveling upward are much more accurate for use as evidence because gravity is not as much of a factor in the pattern’s formation.

Types of Bloodstain Patterns

Impact – caused by high-velocity or medium-velocity wounds—gun shots or blows by an object such as a baseball bat or hammer.

Swipes (Wipes)Caused by a bloody object being wiped across another surface. These stains are the reason for changing the name of the examination from “blood spatter” evidence to “bloodstain” evidence (not all patterns are caused by airborne drops of blood). Remember that in your writing. Patterns caused by spattering, splattering, or wiped-on blood is no longer called “blood spatter.”

Therefore, your characters should reflect the change, as have their real-life counterparts. An example of the change:

Detective Sergeant Catchemall studied the bloodstain pattern on and next to the ticking cow clock hanging on the kitchen wall. He stood there, staring, for what seemed like an eternity before turning toward his partner, Ridley Perkins. Then he tipped his bald, oval-shaped head back toward “the cow wall” where reddish splotches and dots of once-oozing blood contrasted sharply against the freshly painted, snow white surface. The cow’s tail moved from side to side with each tick-tock of the timepiece.

Tick Tock …

“I believe, Ridley,” he said, “that our killer was right-handed, shorter than your own meager five-and-a-half feet, and was standing, not sitting, quite close to our victim, poor Mrs. Ima Ghostnow, when he pulled the trigger on what was most likely a revolver. That, my friend, is what I believe happened to our unfortunate victim.”

Tick Tock …

*Terminology could vary from one area to the next.

 

The Lingo

Cast-Off– Caused by slinging blood off objects in motion (a swing of a bloody hammer, or arm).

Drip and Flow– Caused when blood drops off one object onto another.

Projected– Caused by arterial spurts. Often seen in stabbings and cuttings.

The ability to effectively interpret bloodstain patterns is a science and an art. But, before investigators can dive into a crime scene, they must learn a bit of terminology, such as:

Angle of Impact– the angle formed between the direction of an individual drop of blood and the surface it strikes.

Back Spatter– blood that’s directed back towards the source of energy, such as a hand holding a firearm, or hammer.

Expirated blood – blood that’s forced from the mouth or nose where air (exhalation) is the propellant.

High Velocity Impact Spatter (HVIS)– bloodstain pattern caused by a high velocity impact, such as those caused by gunshots or fast moving equipment or machinery (saws, drills, etc.)

Point of Convergence – the point (two dimensional) where the direction of travel (blood droplets) intersect. Can be used to help determine where the victim was standing when the fatal injury was delivered.

Point of Origin –the point (three dimensional) where the direction of travel (blood droplets) intersect.

Stringing – a method used to determine the point of origin. Investigators tie strings at the blood drops, following the direction of travel. The point where the strings intersect is the point of origin. Lasers are sometimes used in lieu of strings.

 

Always look up, down, and all around

As I stated earlier, this rule of thumb is extremely important when search for evidence and it’s especially so when examining a scene for blood spatter. This includes the undersides of table tops and seat bottoms. The insides of door frames and windowsills. In fact, a peek inside a refrigerator can sometimes save the day when all else come up empty.

Yes, bad guys sometimes cannot resist the urge to grab a quick snack or something to drink while taking a break from dismembering their latest victim. Therefore, it’s not at all unusual to find a bloody fingerprint on the container of onion dip, or loose hair from the head of the killer that’s lodged between the Swiss cheese and plate of leftover hotdogs.

Spatter is often found on ceilings and overhead lighting. On doorknobs and bedroom slippers that sit by the fireplace.

Other bits of often overlooked evidence can be found under rugs or carpeting, behind light switch covers …

Removing the plastic wall cover to reveal a thumb drive concealed inside the electrical box housing wall light switch.

… inside statues, faux spray cans, sewn inside the hem of clothing and bath towels, inside appliances and handheld electrical gadgets, shoes and, well, you name it and a crook has probably hidden something there.

Locating evidence in an outdoor crime scene – this, my friends, is a topic for another day. In the meantime, remember to have the heroes of your stories to “always look up, down, and all around, because without fail, when two objects come into contact with one another, each of those objects will take something from the other or leave something behind.”

The evidence, proof and truth of the crime and who committed it, is always there. It’s up to the detective to find it.

 

Homicide investigations are the crème de la crème of all investigations.

To solve a murder investigators use all available resources. No-holds barred. No sparing of the horses. No waiting for the obese lady to start her song. Sometimes it’s a race to catch the killer before he strikes again. But detectives must still use caution and care when evaluating and examining all evidence, including the crime scene.

To maintain order, and to prevent disaster in court, detectives and other crime-scene investigators follow a mental checklist of things to do at a murder scene. Some use an actual written guideline. The list is actually a series of common sense questions that need to be answered before moving to the next stage of the investigation.

Crime Scene Dos and Don’ts – Click here.

Investigators should always determine what, if anything, has changed since the first responders arrived. Did the officers turn lights on or off? Did they move the body to check for signs of life? Did anyone else enter or leave the scene?

Crime Scenes … Watch Your Step!

Did the patrol guys open or close windows and doors? Did they walk through blood or other body fluids?

Crime-scene searches must be methodical and quite thorough. Every single surface, nook, and cranny must be examined for evidence, including ceilings, walls, doors, light switches, thermostats, door knobs, etc. Not only are they searching for clues and evidence, they’re looking for things that aren’t there, such as a missing knife, jewelry, or even the family car. Did the suspect take anything that could be traced back to the victim? Where would the killer take the items? To a pawn shop? Home? Toss them in a nearby dumpster?

Investigators must determine if the body has been moved by the suspect. Are there drag marks? Smeared body fluids? Transfer prints? Is there any blood in other areas of the scene? Is fixed lividity on the wrong side of the body, indicating that it had been moved after death

Does the victim exhibit signs of a struggle? Are there defensive wounds present on the palms of the hands and forearms?

Is there significant blood spatter? Is there high-velocity spatter? Did flies cause false spatter?

What is the point of impact? Where was the shooter standing when he delivered the fatal blow, or shot

False spatter – “Hey, it’s what I do,” said the fly.

Once the detective is satisfied that all the checklist questions have been answered she can then move on to the next phase of the murder investigation, collecting physical evidence.