102 domestic violence arrests in city since 2004
Published 2:13 pm Wednesday, April 19, 2006
By By JOHN EBY / Dowagiac Daily News
From a vantage point of 34 years in law enforcement, Dowagiac Police Chief Tom Atkinson has no desire to return to the “good ol' days.”
Atkinson and another law enforcement veteran, Matt Lori, St. Joseph County sheriff in Centreville for 18 years, agreed change has been for the better no matter how much remains to accomplish.
During Atkinson's career, domestic violence has come to be recognized as criminal behavior that affects the entire community, but is not limited by race, age, marital status, socio-economic class, educational level or occupation.
Dowagiac Police Department made 49 domestic assault arrests in 2004, 44 in 2005 and nine so far in 2006.
DASC Volunteer Coordinator Rita Reed said, “I don't feel like words are enough for what you do. Every time you go out and give a survivor's handbook to a woman and give her your listening ear, that's a life that you have touched.”
Atkinson cited data from the National Crime Survey indicating that injuries inflicted in domestic violence are as serious as, or more serious, than injuries inflicted in 90 percent of all violent felonies.
Data also shows that the severity of injuries sustained in domestic violence assaults is significantly greater than that sustained in stranger assaults. Every year, thousands of U.S. deaths result from family violence.
Atkinson recalled that '70s domestic violence went out over the radio as “family fight,” which to a police officer is one of the most dangerous types of calls to answer.
According to the Department of Justice, between 1994 and 2003, 50 officers died and 17,676 were injured answering domestic violence complaints, from family quarrels to bar fights.
Domestic violence complaints were classified as routine calls in the '70s, which meant they were answered without urgency in the order in which they came in to dispatch.
But once officers arrived, they found the house in chaos.
The wife and children were hysterical and crying. Sometimes their bodies bore bruises and cuts. An intoxicated spouse would be yelling and blaming family members for everything that went wrong that day. Officers were left to separate everyone and try to piece together what happened.
Atkinson said the husband's version invariably would be that he did nothing wrong, the real problem was his wife and kids, whom he had to slap around to “get their minds right” and vowed to do it again if they didn't change their ways.
He tells officers this is his house and he intends to run it his way, and if she doesn't like it she can leave because he is not going anywhere. The presence of police angers him and he demands to know who called.
His wife relates that fights happen regularly - especially when he's been drinking, but he's a great guy when he's not. When officers inquire how she and the kids received bruises to the face and neck, she denies they are from her husband or tries to justify why he did it. She declined to sign any complaint.
Knowing that they will be dispatched back to the same house later in the evening, officers tried to find somewhere for the wife to stay. She told officers she has nowhere to go, no money or friends with whom she can talk. She does not want to involve her family in her problems. She explains that she must stay with her husband because she does not work or have the means to support her children. After all, most of the time he's a good husband and father.
The husband tells officers it's his house, he's not going anywhere and neither are his wife and children. He promises he's going to bed and everything will be fine.
The officers' dilemma was that they could only make an arrest when a felony or misdemeanor was committed in their presence, or victims' injuries are serious enough to make a felony arrest based on probable cause.
If the situation was judged serious enough, officers tried to incite the husband so he would attempt an assault. Then an arrest could be made and the victim was safe at least for the night.
Changes in how police responded began in 1989. The Michigan Department of Civil Rights issued a report faulting law enforcement response.
In 1990, the Michigan Law Enforcement Officers Training Council and the Domestic Violence Prevention and Treatment Board took a “pro-active” approach towards domestic violence, Atkinson said.
The group suggested revisions to existing police training and recommended development of a model policy to assist law enforcement administrators in implementing a preferred arrest domestic violence policy.
In 1991, the Michigan Law Enforcement Officers Training Council and the Domestic Violence Prevention and Treatment Board were awarded a federal grant to complete development of the revised policy training curriculum and to develop a model policy which could be shared with law enforcement administrators in developing a policy specific to their local community.
In 1992, a committee formed to actually develop the model policy. The model was finalized in December 1992 after 3 1/2 years.
Atkinson said the Officers Training Council and Domestic Violence Prevention Board endorsed the policy in 1993. It resulted in a statewide policy on how Michigan law enforcement officers would respond to domestic violence calls.
Legislation was enacted in 1994 that gave law enforcement authority to arrest domestic violence assailants.
Change came in the form of a law granting an officer authority to make a misdemeanor arrest without a warrant based upon reasonable cause for assault, assault and battery or aggravated assault when the assailant is the spouse or former spouse of the victim, has had a child in common with the victim or is a person residing in the same household as the victim.
In 2006, all domestic violence calls get the same priority as any other life-threatening call. Police officers will always respond to verify that assistance is not needed, even if the caller asks to cancel the call. All a victim needs to do is dial 911.
Once the call is picked up at the dispatch center, the location of the call, who lives there and call history are displayed to the dispatcher - even if the caller never utters a word.
Dispatchers then try to obtain as much information from the caller as possible, keeping them on the line as long as possible and keeping responding officers informed to make it safer for the first police arriving on the scene as well as family members.
When officers arrive they make contact with all parties involved and attempt to determine if medical attention is needed. If so, an ambulance will be summoned.
Officers then conduct a thorough criminal investigation, interviewing the victim, suspect, children and other witnesses and collecting evidence and photos of injuries, as well as what the scene looked like when they first arrived.
Once the investigation is complete to establish reasonable cause, officers arrest the assailant for domestic assault.
Prior to making an arrest, the victim is advised that the suspect will be arrested and that it was the officer who initiated the arrest - not them. This information is also provided to the suspect.
If a suspect leaves the residence prior to an officer arriving, all reasonable attempts to locate and arrest him will be made, the chief said. If the suspect cannot be located, a warrant will be obtained for his arrest.
Victims are given a notice of rights. This information is provided whether or not an arrest is made. The rights sheet provides the victim with the name of the department that handled the case, the officer's name and the complaint number.
The form also informs victims how they can obtain copies of police reports, names of domestic assault shelters and other area resources, including counseling services. They are also informed of their legal rights as victims to go to court and file a petition requesting a personal protection order (PPO).
After on-scene investigation is complete, the officer will have central dispatch contact the domestic assault shelter to advise of the call.
No matter what time of day or night, rain, sleet or snow, the Three Rivers-based shelter sends an advocate to where victims are, be it their home or perhaps a hospital. If a victim does not have a safe place to stay, the advocate can make arrangements to provide the victim with food and shelter.
Advocates also help the victims understand what they are going through and reassures them that they are not the only person who has ever been in this situation.
Atkinson noted that for several years he has been attending the October candlelight vigil honoring those who lost their lives as well as survivors.
When he was at the sheriff's office, Atkinson supervised the Major Crimes Task Force. Before that, he supervised the Detective Bureau.