Catch ‘Em • Validating Voices • Linking the Chain Before They Kill • Coordinated Taskforce ‘Em • Keeping Track!
Total Page:16
File Type:pdf, Size:1020Kb
8/31/2017 Desensitized to Website & Resources www.mckaytrainingconsulting.com Death [email protected] Strangulation Assessment & Prosecution Resources Presented by Articles Kelsey McKay McKay Training & Consulting Calendar of Training [email protected] Testimonials Challenges in How is strangulation Strangulation/Suffocation DIFFERENT than other types • Lack of visible injury of assault, abuse and • Lack of investigation violence? • Lack of understanding • Lack of victim • Lack of concern Overcoming Obstacles My Philosophy • Developing a Protocol • Implementing Training • Utilizing a Strangulation Supplement Catch ‘em • Validating Voices • Linking the Chain before they kill • Coordinated Taskforce ‘em • Keeping Track! 1 8/31/2017 Strangulation represents an Lethality & Fatality escalation of force Continuum of Violence 90% prior history of DV After ONE non-fatal strangulation... 7-9 x 43% Women who were more likely to be murdered had been killed strangled in the last year 2 8/31/2017 Catch ‘em while It takes a certain they are killing kind of rage… Haruka Weiser Loyalty Before Betrayal •“He didn’t look like himself, it wasn’t him in his eyes” • Clenching teeth; Gritting teeth; • Squeezing so hard veins were coming out of his head; • Bulging eyes; • Bugged out eyes, angry; • Mad face Trust no bitch, Love no bitch • He had black in his eyes 3 8/31/2017 David Adams • If you had access to a gun… • Only 1 of the 8 stranglers said And a certain he would have used a gun (vs 4/6 stabbers) kind of • “I wanted to know what it felt like to kill someone” enjoyment… Source: D. Adams, Emerge “Whenever V was about to pass out, D would let go just enough to allow V to gasp for air, and then would continue strangling V. She believed he was going to kill her. V stated that it looked like D was enjoying Why? strangling her and described his eyes as having a 1,000 yard stare. She described the pain as being so bad that she hoped she would die just to make it stop.” 4 8/31/2017 What is his criminal history? It isn’t about his criminal history, its about his future criminality. It is about how this crime predicts who he is, what he is going to do and what type of criminal he will be. How we KNOW these are the WORST abusers… Studies show that 30%-50% of perpetrators who kill police They have the rage officers have a DOCUMENTED PUBLIC RECORD of intimate They enjoy it partner strangulation. They get away with it The Perpetrator • Domestic Violence/ Strangulation • Serial Murder • Sexual Assaults • Elder Abuse • Disabled Abuse • Police Killings These are crimes of POWER AND CONTROL © Training Institute on Strangulation Prevention www.strangulationtraininginstitute.com 5 8/31/2017 In the context of a DV A form of power and relationship, why does the control to let the victim abuser use strangulation? know that he could kill her! That he is capable and willing to do so at any given point in time. Strangulation & Domestic Violence Ruth • It directly and immediately places a “Actually, when I came out of that victim’s life in the hands of the abuser. [strangulation incident], I was more • Practicing homicide submissive – more terrified that the next • Desensitizing murder time I might not come out – I might not • Power & Control: Victim more submissive make it. So I think I gave him all my power from there because I could see how easy it was for him to just take my life like he had given it to me.” Documenting the Quotes Power & Control •“He was putting all his power into choking her, his eyes wanted her dead” • “When asked how hard he squeezed her throat Rosario stated ‘hard enough to scare me, hard enough to let me know he was in control.” 6 8/31/2017 • “I could kill you right now and no one would know that you’re dead.” • I’m going to end you, I’m going to destroy you • Look at me while you are dying. • “I don’t care if I go to prison, I want to make sure you are dead before I go away.” • The only way you are leaving me is in a body bag • “I’m going to end this today” • “Are you ready to die bitch.” • I will kill you in this room Documenting the Blame • “Is this what you wanted?” • “Cry drama queen, cry” • “You made me do this!” Documenting the Rage • Do you want to die? “Say Goodbye.” Casey Gwinn Why don’t you die already? I am going to kill you bitch, you’re going to die! Even if we never prosecuted Bitch I fucking hate I don’t give a another man who punched or “tonight is fuck bitch, die! you! I wish you were slapped a woman and instead went the night!” dead. I can only be happy when your after every man who strangles a asleep so I will be woman, we would reduce domestic happy when you die. “Do you want violence homicides and officer involved deaths in this country by DIE to die?!” more than 50%. “This is your last day” ALREADY 7 8/31/2017 The Perfect Crime? • Results in compliance (scary and effective) 99% • Hard to prove • …this is where we have to dig deeper Perpetrators are male and look at evidence in a different way. • Use the weaknesses to our advantage. • Rethink our investigations. WHAT IT IS: Legally The Law Anatomically Idaho Law Delaware 18-923 Attempted Strangulation Code, Title 11, Section 607: CLASS E 18-923. Attempted strangulation. A person knowingly commits the (1) Any person who willfully and offense of strangulation if the person knowingly or intentionally unlawfully chokes or attempts to impedes the breathing or circulation strangle a household member, or of the blood of another person by a person with whom he or she applying pressure on the throat or has or had a dating relationship… neck of the other person. 8 8/31/2017 Class D if: • The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or STRANGULATION • The person caused serious physical injury to the other person while vs committing the offense; or • The person has been previously CHOKING convicted of strangulation. DEFINITION: CHOKING Choke means to keep from breathing in a normal way by accidentally obstructing the windpipe; adulterating available air; or to block entirely the windpipe (hard candy or food). Choke vs. Strangulation • Investigation tip: talk about/listen to the act not the technical terms. – Same with suffocation –“He put his arm on my throat” or “He pinched my nose shut” • A victim will often use the term “choke” or “choked out.” Quote her language. • Important to educate V’s about the seriousness of strangulation. • Use correct term in offense report/court, etc. 9 8/31/2017 ATTEMPTS TO STRANGLE Definition of strangle strangled; strangling play \-g(ə-)liŋ\ transitive verb Only 3% of victims 1a : to choke to death by sought medical compressing the throat with attention something (as a hand or rope) : “Attempt” = non-fatal? Don’t Overestimate Medical Care Radiographic Protocol & Strangulation Assessment Card Washington Law Texas Penal Code 22.01 (b-1)(3) WASH. REV. CODE ANN. § 9A.36.021. THIRD DEGREE FELONY ASSAULT IN THE SECOND DEGREE (1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree: (g) Assaults another by strangulation or suffocation. Intentionally, knowingly or recklessly impeding the normal breathing or (26) “Strangulation” means to compress a person's neck, thereby obstructing the person's blood flow circulation of the blood of the person by or ability to breathe, or doing so with the intent to obstruct the person's blood flow or ability to applying pressure to the person’s throat breathe; or neck or by blocking the nose or mouth of the person. (27) “Suffocation” means to block or impair a person's intake of air at the nose and mouth, whether by smothering or other means, with the STRANGULATION intent to obstruct the person's ability to breathe; SUFFOCATION 10 8/31/2017 Washington Law Idaho Law WASH. REV. CODE ANN. § 9A.36.021. 18-923 Attempted Strangulation ASSAULT IN THE SECOND DEGREE (2)(a) Except as provided in (b) of this subsection, assault …is guilty of a felony in the second degree is a class B felony. (b) Assault in punishable by incarceration for the second degree with a up to fifteen (15) years in the finding of sexual motivation state prison. under RCW 9.94A.835 or 13.40.135 is a class A felony. Idaho Law 18-923 Attempted Strangulation Visible Injury (2) No injuries are required to prove Injury sufficient to attempted strangulation. photograph 15% No Visible (3) The prosecution is not required to Injury show that the defendant intended to kill Injury too 50% minor to or injure the victim. The only intent photograph required is the intent to choke or attempt 35% to strangle. 11 8/31/2017 Strangulation as a Felony STRANGULATION • New laws are more in line with the seriousness and recognize the danger of strangulation. A form of asphyxia (lack of oxygen) characterized by intentional closure • They don’t provide us with a framework on how of the blood vessels and/or air to investigate or prosecute it as a felony. passages of the neck as a result of external pressure on the neck. • Ultimately to be successful, we have to convince a jury beyond a reasonable doubt that the defendant has committed a felony.