Flynn details changes to investigations of fatal police shootings

Milwaukee police have reached an agreement with area law enforcement agencies to have a team of outside detectives – none of whom are former Milwaukee police officers – lead investigations into fatal police shootings in the city, Police Chief Edward Flynn said Thursday.

"We will investigate their shootings and they’ll investigate our shootings," said Flynn, during a Milwaukee Press Club "Newsmaker Luncheon" at the Newsroom Pub.

Since Wisconsin enacted a law that requires outside agencies to lead investigations into officer-involved deaths, Milwaukee police traditionally have requested the state Department of Justice Division of Criminal Investigation to handle those cases. Several elected officials and families of those killed in police custody have voiced concern about that practice because some of those state agents are former members of the Milwaukee Police Department.

"The second issue we found having DCI do it – and they do quality work – is it takes them a while to get here," Flynn said. "And it was clear to us that one of the proximate causes of the riot in Sherman Park was we couldn’t get in there for two hours.”

Flynn was referring to the fatal police shooting of Sylville Smith, whose death on Aug. 13 sparked two nights of violent unrest in the city's Sherman Park neighborhood. The chief also addressed questions of why the body-worn camera footage of Smith's shooting has not been released, saying he would not go against the advice of the state Attorney General Brad Schimel and Milwaukee County District Attorney John Chisholm.

Schimel has said the video will be released if Chisholm does not issue criminal charges or when Chisholm determines they are no longer material to any ongoing criminal proceedings. Chisholm received the state's reports earlier this month and has not announced a charging decision.

But when the video comes out, it likely will change very few minds, Flynn said.

“People who are pre-disposed to see wrongdoing will see wrongdoing,” he said. “People pre-disposed to say 'Well, he did what he had to do,' that’s what they’ll see and the people in the middle, we don’t know.”

Flynn also was asked about the status of the U.S. Department of Justice's "collaborative reform initiative" and said he expects an initial report in late October based on what federal officials have said. Milwaukee was the ninth department nationwide to be granted the voluntary review, which is examining policies, training and practices.

“I would suspect the finding will be 'needs improvement' and I say that without my tongue in my cheek," Flynn said.

“I’m hoping they’ll recognize the things that we do and I recognize they’ll make recommendations to do things better, particularly I’m sure in terms of community outreach and communication because everybody can get better at that or should get better at that.”