A Harford County judge granted the Maryland attorney general’s request for a temporary restraining order against the county sheriff.The attorney general is alleging the sheriff is blocking the state’s independent investigation into a fatal shooting involving two of his deputies.This report will be updated.The BackgroundA new law mandating independent investigations of fatal police-involved shootings is being challenged for the first time.Members of the Maryland Attorney General’s Office’s Independent Investigations Division were called Saturday afternoon after two Harford County sheriff’s deputies fatally shot 53-year-old John Raymond Fauver who authorities said was suicidal and believed to be armed with a long gun.In a complaint filed Monday, Attorney General Brian Frosh alleged Harf0rd County Sheriff Jeffrey Gahler blocked IID investigators from collecting evidence needed to engage in an independent review of the incident, a review required by a new state law that took effect in October. The new law is intended to ensure law enforcement doesn’t investigate themselves.| RELATED: AG: Sheriff’s Office interfering in investigation into deputy shooting| RELATED: Sheriff on AG’s accusations of interference: ‘We will see what the court says’The judge was tasked to decide whether the IID has exclusive authority to conduct independent investigations of fatal police shootings, and what kind of cooperation is required from law enforcement agencies.The Arguments The two sides argued their cases Thursday morning before Harford County Circuit Court Judge Yolanda Curtin.The judge asked, if she grants the temporary restraining order, how soon could the evidence be turned over? Frosh said he expects the timeframe to be a half day to 24 hours, to which the sheriff’s lawyers agreed.INTERPRETATION OF THE LAWThe judge said the case boils down to a fundamental difference in the interpretation of the statute. The attorney general said the statute requires evidence to be turned over and requires cooperation. The sheriff’s attorneys said he has a constitutional obligation to investigate crimes in Harford County.The sheriff’s attorneys said there is nothing in the state law that says the sheriff can’t investigate and that the attorney general has an extreme interpretation of the statute, thinking it allows IID to take over.Frosh said the sheriff’s actions are exactly what the new state law was designed to prevent. The sheriff’s attorneys said the attorney general “wants us to stand down. We are investigating a crime. You can’t split the crime scene.”Frosh said no one has indicated there was another incident to investigate related to the police shooting and that they are focused on that.The judge said she finds the attorney general’s court filings, including the legislative history and arguments for and against the bill, helpful to understand its intent.The sheriff’s attorneys told the judge it’s not in the public’s interest to expand the duties of the attorney general’s office, saying his protocols don’t have the authority of law.EVIDENCE SOUGHT/CHAIN OF CUSTODYThe attorney general is seeking police body-worn camera video, civilian camera video, access to witnesses, police radio recordings, 911 calls and physical evidence to be sent to the Maryland State Police crime lab.The Harford County sheriff wants to use a crime lab in Frederick because it’s faster. Frosh argued that lab is not accredited. The sheriff’s attorneys argued handing over evidence now will be a chain-of-custody issue.Frosh said there were 12 to 15 officers at the scene, all with body cameras. He said there were also cars with dashcams and at least three civilians recorded something on video. Frosh said he wants his investigators to use their own computers to watch, analyze, sync and compare the video in slow motion.SHERIFF’S ATTORNEYS SAY IT’S A CHAIN-OF-COMMAND ISSUEFrosh said Gahler wants to supervise the independent investigation but that the sheriff “doesn’t get to dictate the terms of our investigation.”The sheriff’s attorneys said this case is not about cooperation and transparency, it’s about the attorney general wanting to control the sheriff, and he’s asking the court to take the sheriff’s duties away.The sheriff’s attorneys said giving evidence to the Maryland State Police is a chain-of-command issue that will cause irreparable harm and that preserving the status quo will not disturb it.The Court Documents| PDFs: Court documents filed by the attorney generalComplaint for declaratory judgment and injunctive reliefEmergency motion for temporary restraining orderMemorandum in support of motion for temporary restraining order| PDF: Correspondence between HCSO, AG’s office (provided by the HCSO)| PDF: Letter from AG Frosh to Sheriff Gahler (dated April 26, 2022, provided by the AG)
A Harford County judge granted the Maryland attorney general’s request for a temporary restraining order against the county sheriff.
The attorney general is alleging the sheriff is blocking the state’s independent investigation into a fatal shooting involving two of his deputies.
This report will be updated.
The Background
A new law mandating independent investigations of fatal police-involved shootings is being challenged for the first time.
Members of the Maryland Attorney General’s Office’s Independent Investigations Division were called Saturday afternoon after two Harford County sheriff’s deputies fatally shot 53-year-old John Raymond Fauver who authorities said was suicidal and believed to be armed with a long gun.
In a complaint filed Monday, Attorney General Brian Frosh alleged Harf0rd County Sheriff Jeffrey Gahler blocked IID investigators from collecting evidence needed to engage in an independent review of the incident, a review required by a new state law that took effect in October. The new law is intended to ensure law enforcement doesn’t investigate themselves.
| RELATED: AG: Sheriff’s Office interfering in investigation into deputy shooting
| RELATED: Sheriff on AG’s accusations of interference: ‘We will see what the court says’
The judge was tasked to decide whether the IID has exclusive authority to conduct independent investigations of fatal police shootings, and what kind of cooperation is required from law enforcement agencies.
The Arguments
The two sides argued their cases Thursday morning before Harford County Circuit Court Judge Yolanda Curtin.
The judge asked, if she grants the temporary restraining order, how soon could the evidence be turned over? Frosh said he expects the timeframe to be a half day to 24 hours, to which the sheriff’s lawyers agreed.
INTERPRETATION OF THE LAW
The judge said the case boils down to a fundamental difference in the interpretation of the statute. The attorney general said the statute requires evidence to be turned over and requires cooperation. The sheriff’s attorneys said he has a constitutional obligation to investigate crimes in Harford County.
The sheriff’s attorneys said there is nothing in the state law that says the sheriff can’t investigate and that the attorney general has an extreme interpretation of the statute, thinking it allows IID to take over.
Frosh said the sheriff’s actions are exactly what the new state law was designed to prevent.
The sheriff’s attorneys said the attorney general “wants us to stand down. We are investigating a crime. You can’t split the crime scene.”
Frosh said no one has indicated there was another incident to investigate related to the police shooting and that they are focused on that.
The judge said she finds the attorney general’s court filings, including the legislative history and arguments for and against the bill, helpful to understand its intent.
The sheriff’s attorneys told the judge it’s not in the public’s interest to expand the duties of the attorney general’s office, saying his protocols don’t have the authority of law.
EVIDENCE SOUGHT/CHAIN OF CUSTODY
The attorney general is seeking police body-worn camera video, civilian camera video, access to witnesses, police radio recordings, 911 calls and physical evidence to be sent to the Maryland State Police crime lab.
The Harford County sheriff wants to use a crime lab in Frederick because it’s faster. Frosh argued that lab is not accredited. The sheriff’s attorneys argued handing over evidence now will be a chain-of-custody issue.
Frosh said there were 12 to 15 officers at the scene, all with body cameras. He said there were also cars with dashcams and at least three civilians recorded something on video. Frosh said he wants his investigators to use their own computers to watch, analyze, sync and compare the video in slow motion.
SHERIFF’S ATTORNEYS SAY IT’S A CHAIN-OF-COMMAND ISSUE
Frosh said Gahler wants to supervise the independent investigation but that the sheriff “doesn’t get to dictate the terms of our investigation.”
The sheriff’s attorneys said this case is not about cooperation and transparency, it’s about the attorney general wanting to control the sheriff, and he’s asking the court to take the sheriff’s duties away.
The sheriff’s attorneys said giving evidence to the Maryland State Police is a chain-of-command issue that will cause irreparable harm and that preserving the status quo will not disturb it.
The Court Documents
| PDFs: Court documents filed by the attorney general
| PDF: Correspondence between HCSO, AG’s office (provided by the HCSO)
| PDF: Letter from AG Frosh to Sheriff Gahler (dated April 26, 2022, provided by the AG)
