A critical incident is one in which a first responder is directly involved in a shooting or in-custody death. Investigative agencies may also activate the protocol for a driving incident or where there is serious physical injury and the agency determines a first responder may have violated State law. Critical incidents require complete, objective and thorough investigations.

When an incident occurs, an investigative agency like the local police department, will investigate the incident and then refer the file to the county attorney’s office for review and a criminal charging decision. The agency who employs the first responder will typically also do an administrative review to determine if department policies and protocols were followed.

Throughout the process, it is the duty and obligation of the County Attorney to ensure that justice is achieved and that the due process rights of the accused and the rights of victims are protected.

The primary duty of the County Attorney is to:

• analyze the criminal investigation,
• review the evidence and;
• determine whether any violation of state law occurred.

To learn more about how MCAO handles critical incidents involving first responders, read the full protocol.