Why didn’t the crime lab conduct gunshot residue tests on Carter’s hands?

The autopsy report stated that Carter was brought to the medical examiner’s office with his hands “bagged,” and Dr. Michael Baden, a noted forensic expert who testified as an expert witness during the O.J. Simpson trial in 1995, told theGrio that such a test would be critical in determining whether the coroner’s ruling — that Carter died of a self-inflicted gunshot wound — is credible. But Arkansas officials performed no such test on Carter, even though Jonesboro Police Chief Michael Yates reportedly requested one.

The Crime Lab memo, which is dated March 20, 2001 and is procedural, does not relate to the Carter case specifically. But, it states that gunshot residue is “easily lost,” especially if not collected right away, and that in any case, its presence or absence doesn’t always indicate whether the subject fired the weapon or was merely in the presence of someone who did. For that matter, the memo states that the Arkansas State Crime Lab only analyzes gunshot residue results from shooting suspects, not from “victims of homicides or suicides.”

Why did the second officer’s dashcam audio malfunction, and are there gaps in the recording?

The dashcam video released by Jonesboro police of the night Carter and two other men were detained by police contains gaps, particularly in the audio portion of the footage from the second responding officer, Officer Marsh. The new memo states that Marsh’s audio malfunctioned while he searched Carter for weapons for the second time, and that “Officer Marsh can be heard conversing with Carter about having anything in his shoes and just previous to this he can be heard conversing with the unknown female who identified herself as Carter’s aunt.”

The report continues:

Fortunately, and due in part to Baggett’s’ proximity to Marsh, Carter, and the “aunt,” the conversation is picked up on Baggett’s video/audio during this malfunction. Soon after this Baggett and Marsh are observed on the video/audio in front of Baggett’s vehicle. We presume that this is the point in time where the weapon was discharged in the rear of the police vehicle and due to the malfunction of Marsh’s video/audio this explains the absence of a gunshot or noise on the recordings. [Emphasis added]

Were there witnesses to the actual gunshot?

The police report states that they make the presumption that the audio on Officer Marsh’s dashcam video cuts out just before the gunshot, ”after significant review of the witness statements and audio/video files. We also have compared these audio/video files to the 911 tapes to establish an essentially unbroken time line.” Who were those witnesses? Was it the “aunt”? Or the other two young men who were the driver and a fellow passenger in the car with Carter when they were stopped by police? Or were there other bystander witnesses to the event?

Do the “blood spatter” and cuff marks on Carter’s risk support the ruling of death by suicide?

The report states that:

High velocity blood spatter was present on Carter’s right hand indicating that his hand was in very close proximity to the contact wound in his right temple area. High velocity blood spatter was also present on the rear passenger door of the patrol unit where he was discovered as well as the fire arm that forensics determined was used to cause Carter’s fatal wound. These facts and circumstances are consistent with a self-inflicted gunshot wound. The witness statements of the officers and bystanders all stated the patrol car doors and windows were closed and the officers were not near the car until Carter was discovered. This virtually eliminates any possibility that the fatal wound was caused by any weapon other than the one recovered in the rear of the vehicle and that its discharge was caused by Carter.

It also states that autopsy photos of Carter’s hands show wrist markings that match those left on several police officers who participated in a re-enactment of the shooting, which was videotaped and released to the media that it was possible to shoot oneself in the head while handcuffed. The markings were the same, the police report claims, even though photos of the volunteers’ wrists were taken right away, while those of Carter’s wrists were taken hours after he died.

Next: Are police offering a theory of a suicide motive?

Are police implying that Carter killed himself because he was caught with video of a crime involving minors, along with a stolen gun?

That certainly seems to be the case. The police report goes into detail about what they say was found on Carter’s phone: several text messages, which they say indicate he was in the middle of a drug deal at the time of his detention by police, and that his text messages to a friend indicate that he was also “scared” once caught. The police memo also states that a video found on Carter’s cellphone “shows an African–American male (adult) smoking marijuana with two juveniles (approximately 10 years of age).” Police say they “located one of the juveniles and the adult male. The adult male is Brandon Renald Baker who is incarcerated in the Greene County jail on an aggravated burglary charge.” It continues:

On August 21, 2012 an audio interview was conducted with Baker who advised that he was the male in the video and that Chavis Carter was the person making the video on his (Carter’s) phone. One of the juveniles also identified Carter as the person making the video. Baker also stated that he knew that Carter had a small black .380 handgun consistent with that used in Carter’s death. Baker also stated that Carter had purchased the gun from a woman or individual in Jonesboro who was having domestic issues. Coincidentally, the gun was reported stolen in Jonesboro and the person who reported it stolen stated that he thought it was taken during his wife/girlfriend’s family gathering and this person has pending domestic charges against him. Baker also admitted sending Carter a text message requesting that Carter bring him the/a gun shortly before his encounter with the police.

This (text) occurred at approximately 9:30 pm on the night of Carters death. He was contacted by the police at approximately 10:00pm. Baker also stated that Carter was engaging in a drug deal for 4 ounces of marijuana when he was contacted by police (which is supported by the text messages between Baker and Carter).

What did police tell his girlfriend just before his death, and does it support the notion that he killed himself?

Police say that in an interview with Carter’s girlfriend “as recently as today,” she “relayed to the primary investigator that Carter called her from the rear of the police car and told her that he loved her and that he had a gun on him (in the rear of the police car) and he was scared. This portion of the investigation continues.”

How did Officer Marsh miss a “hidden gun?”

The report states that ”there appears to be no doubt that Officer Marsh missed the gun during the initial pat down of Carter,” and it explains the misstep as being the result of the officers not knowing whether they planned to arrest Carter for the “small amount of marijuana discovered on his person as his wanted status and identity had not been determined.” The report states that Marsh was trying to “balance the intrusiveness of the search with the unknown facts and circumstances at the time,” and that they believe Carter hid the gun in the back of the patrol car the first time he was initially patted down and placed in the rear of the vehicle, un-handcuffed, and police tried to determine his identity (he initially gave them a false name, according to the police report.)

The report, which states that it is “merely a brief, preliminary investigative narrative,” concludes that “the evidence and witness statements support that Carter committed suicide given the press contact wound, the blood evidence and the witness statements. Witness statements and text messaging support the fact that he possessed the weapon before and during his encounter with the police and tend to offer some narrative as to what activity he was engaged in at the time of his contact with the police as well as the origin of the weapon.”

Despite the suicide ruling, the case remains under investigation, by Jonesboro police, in coordination with the FBI.

Follow Joy Reid on Twitter at @thereidreport

Three candidates filed by Friday’s deadline to take on Fernandez Rundle. The Democratic prosecutor has held the post since 1993 and was re-elected without opposition in 2008.

Taking her on in the August Democratic primary will be defense attorney Roderick Vereen, who previously ran an unsuccessful race for Congress. Vereen is best known for representing one of the defendants in the so-called “Liberty City Seven” terrorism case.

All three candidates seeking to oust Fernandez Rundle are black. This is seen as symbolic due to the rise in deadly police involved shootings in primarily black neighborhoods.

Attorneys Omar Malone and Michele Samaroo also filed to run as write-in candidates. That means they won’t participate in the primary and their names won’t appear on the fall ballot.

(TM and © Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

The fifth one happened overnight Thursday when a man pointed a gun at officer’s during a traffic stop at Palm and Belt in north St. Louis.

An officer fired four shots, including one that hit the driver’s vehicle. The driver then backed his vehicle into a patrol car and drove off. Law enforcers finally cornered the suspect at a gas station at Goodfellow and Lillian.

Why the increase in police involved shootings?

Chief Dan Isom says there are many complexities when investigating police involved shootings

“We never want to speculate or make conclusions before the entire investigation is over,” states Isom. “Like in any case there is a thorough investigation, there is review process and ultimately we make some conclusions on whether it was justified or not.”

Isom says the circumstances are different in each shooting. Some officers reported that a gun was flourished at them. And in one case Isom says a pedestrian was being injured by the suspect.

Not including the most recent shooting, Isom says it appears that all police involved shootings this year have been justified, but the investigation continues.

But he is very concerned about eleven murders already on the books this year.

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Today for the first time in decades Miami Beach Police are bringing it back. Some old timers’ say it’s the first time it’s been done since 1950.

“That’s what some people have said.  But I’m not sure I wasn’t around in 1950,” Raymond Martinez, Miami Beach’s acting police told CBS4’s David Sutta.

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He may not be that old, but cops on a stroll is the acting chief’s idea. He’s hoping what worked 60 years ago will work today to save neighborhoods like Washington avenue where crime rates have been challenging.

The chief admitted they’ve lost touch with their community.

“They saw the cars driving by but you know they police officers didn’t get out of the car and walk,” said Martinez. “So we created walking beats specifically where officers will be assigned to walking beats seven days a week.”

If it sounds like getting back to basics you are right.  Basics may be what is needed.

Miami Beach police have had an embarrassing year from a Memorial Day weekend shooting captured on camera, to an ATV officer allegedly drinking and running over tourists.

“We are a first class police department and we need restore the trust in the community. Restore the public trust in us,”  Martinez said.

Starting this week Chief Martinez has made the seven mile island smaller by dividing coverage into eight areas instead of three.

Officers will be held accountable for their section of town rather than the entire city.

“They are excited about it.  They want to be responsible.  They want to know what’s going on.  They want to be the face of their area,” said Martinez.

Officers are also starting a fourth shift to double up coverage during peak times of the day.

So far the moves are being well received by businesses.

“I don’t want to say it’s 10 year too late but it’s better late than never,” said Howard Sanders, who owns a diner on Washington Avenue.

The walking police officer experiment is expected to last a few months on Miami Beach, at least until a new police chief is hired.

I say too much of that talk, not enough about the reasons why a policeman shoots — to save his life, or our lives.

There are an estimated 20,000 illegal guns on the streets of Chicago, 786 attacks on cops this year, more than double the number just ten years ago.

The police are being shot at – two of them recently shot in the head. They’re afraid and sometimes have to shoot first. Who wouldn’t be afraid of someone pulling a gun, or what looks like a gun?

Like anyone else, a policeman wants to go home after work. His wife and his children want him home. We all ought to want our police, at the end of their shift, able to go home.

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It’s only July, but the number of deadly police shootings have already out-paced all of last year. On Monday night, another police-involved shooting occurred.

McCarthy, in an exclusive interview with CBS 2 Chief Correspondent Jay Levine, says police officers are facing increasing dangers on the street. Just last week, two Chicago police officers were shot and wounded while trying to arrest a drug suspect.

“Last year, there was a 40 percent increase in officers being shot nationwide. This year, it’s up from last year,” McCarthy says.

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Newly placed stars on the wall of Chicago Police headquarters bear silent witness to the toll taken here. Six Chicago police officers were killed in the line of duty last year alone.

Tio Hardiman of Operation CeaseFire has his own theory about why the confrontations are escalating.

“A lot of these guys feel they got nothing to lose, so they’re willing to go up against the police or anybody,” he says.

McCarthy counters: “Somebody points a gun at you, you have to defend yourself.”

Chicago police officers have used deadly force 40 times already this year, compared to 46 times all of last year. Sixteen suspects have been shot and killed, compared to 13 last year.

McCarthy says he doesn’t want officers to hesitate at the cost of their own lives. He says his officers have used their weapons in self-defense 18 times in his two months on the job. In only one case is an officer being investigated for misusing deadly force. 

“What we can do is work on police training to ensure that we’re right when these things occur,” McCarthy says.

McCarthy says he personally reviews every police shooting and rejects any suggestion that some Chicago police officers believe they have a license to kill to reduce crime.

McCarthy says the number of police shootings will drop only when suspects stop confronting officers with weapons of their own.

That was money over and above what he was entitled to as long as he left office quietly, according to Exposito. He told our news partner, Univision 23, that that was not going to happen.

“My integrity does not have a price,” he said. “You can’t buy me to leave.”

Miami’s top cop was referring to documents posted on a website from last January. They reflect the money he says he was told he’d receive if he left office. He says he was shown a check for $200,000 and was told he would be receiving it right away.

“They approached me, some officials from the City of Miami approached me and they offered me $200,000 in advance to leave and they showed me the check and another $200,000 when I retired. It’s an insult to me,” said Exposito.

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Chief Exposito has been under criticism from community activists after a series of deaths from police-involved shootings last summer—four of them in two months. He and Mayor Tomas Regalado have also clashed over the issue of gaming. The Chief has insisted on continuing crackdowns.

Exposito was asked if the money was intended to shut him up.

“It’s possible because if you look at the order of events, also remember that there was a comment by Commissioner Dunn that ‘if we can’t take him out, then let’s pay him so he’ll leave’.”

The Chief did not know who authorized the $400,000 payment. Mayor Regalado had little to say.

“I’m not going to comment on any of that,” said Regalado. “I am focusing on the city and the contracts and that’s my job.”

The Chief said he’d been with Miami Police for nearly 40 years and felt compelled to finally speak out about this alleged bribe.

“It’s more important when something like this happens,” said Exposito. “I have a responsibility as Chief of Police to abide by the law and that is far more important than any personal gratification.”

Exposito said he did not think the city representatives had the authority to offer him a severance package.

One City Commissioner, Marc Sarnoff, expressed surprise about the report because he said the issue of such a payment did not come before the City Commission. Normally, the Commission has to approve any expenditure over $50,000.

Exposito declined the $400,000 offer and has no plans to retire.

In his 11-page response to an evaluation by Paul Philip, the FBI’s former head of the Miami office, Exposito defended the department’s actions and also reiterated existing policy.

In a comment about why so few details had been released in the shootings, Exposito wrote, “There are times when [the department] must balance the public’s right to be informed and its responsibility to avoid compromising an investigation…,”

On the quick return to duty of an officer who shot and killed two men in nine days, and who was later imprisoned for stealing Bluetooth devices: “The current policy requires officers involved in police shootings to ‘be assigned to administrative duties for a minimum of three days.’ ”

Philip’s report was released earlier this month after a four month investigation. Philip was hired to evaluate the city’s embattled police department but the report raised more questions than it answered. Philip wondered if officers had received proper firearm training, if officers collaborating with federal agents were working together properly, and if the department had taken measures to address questions from families of the men killed by police.

Exposito’s response, however, suggested the department’s public stature had risen: “… It bears repeating that overall, citizen complaints against our officers declined by 22.4 percent in 2010, when compared to the previous year.’’

An almost year-long string of events left the mayor, a commissioner and some residents calling for the chief’s resignation and major changes to the department.

A civil investigative panel has been denied records on the first of the seven shootings. Congresswoman Fredrica Wilson has also asked the U.S. Department of Justice to investigate the shootings.

(©2011 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)

The report was prepared by former FBI agent Paul Phillip, hired by Miami City Manager Tony Crapp to investigate allegations of poor management leveled against the chief by the community and members of city government, including Mayor Tomas Regalado.

Crapp hired Phillip as “Senior Public Safety Advisor” as Exposito and the Mayor engaged in a political battle that had Regalado calling for the Chief’s dismissal.

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Phillip’s report, released late Thursday afternoon, examined 19 shootings involving Miami police officers since Exposito was hired in 2009,and investigated the perception that there had been a significant rise in police shootings since Exposito was named chief..

After a series of interviews, Phillip determined Exposito and his command need to address a number of issues, including:

—What efforts the department has made to ensure necessary firearms training, including “Shoot-Don’t Shoot training.”

—Were any of the offices involved in the shooting spotted on the department”Early Warning” watch list?

—What has the department done to make sure officers and federal agents on joint arrests working together as they were trained to do?

Following most of the shootings, information released to the media was scarce while investigations continued; a practice Phillip said angered members of the community and the families of the victims.

“While this policy may be legally defensible,” the report said, “it often leads to the dissemination of erroneous information and additional mistrust of the police…”

Comminuty activists applaud the findings.

“The report is very favorable for the community,” said Reverand Anthony Tate, President of the People United to Lead the Struggle for Equality (PULSE). “We don’t think the policy has to change but the mindset has to change. “

Miami Commissioner Rev. Richard Dunn agrees.

“Sometime the experience or the lack of it was pretty obvious,” said Dunn. “That fear, trepidation, and maybe even inexperience could have attributed to some shootings that could have been prevented.”

Phillip said the department should address what measures need to be taken to make sure concerns about the department failing to notify the next of kin after shootings, that media questions are handled quickly, and the advisability of taking part in reality programs and social media like YouTube and Facebook.

Phillip’s report also pointed out serious concerns among department members interviewed about the fairness of the promotion process, the experience of officers and supervisors assigned to special tactical units, and any ‘barriers’ that would stopped seasoned officers from volunteering to join those special units.

Another city commissioner, Marc Sarnoff, thinks the report is not complete.

“Phillip did no have proper access to information to make substantial recommendations,” said Sarnoff. “What he could have done and what he should have done is review police procedure see what the training is. Make sure that these gentleman and ladies were all trained. He didn’t do that, he just asked questions.”

In the end, there was no recommendation in the report to fire Exposito, but it noted he must retire in just over 6 months. Phillip said the city manager should start advertising for a new chief, and make sure all candidates are put through “a thorough vetting process” to determine the best candidates.

CBS4 News has confirmed Chief Exposito has read the report, agrees with the findings, and has already begun implementing the changes suggested by Phillip.

Congresswoman Frederica Wilson’s request for federal authorities to begin a criminal and civil investigation into the shooting deaths of seven black men by Miami police is moving forward, according to CBS4 news partner The Miami Herald.

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In a mostly procedural move, Assistant Attorney General Ronald Weich told Wilson in a letter Thursday that he is forwarding the request to the criminal and special litigation sections of the Civil Rights Division, which will, “carefully review the information you have provided to determine what, if any, action is appropriate pursuant to their statutory authority.”

Wilson penned a letter in late February to Attorney General Eric Holder asking for his “immediate personal assurance and intervention in the city of Miami’s police department’s policies, practices and procedures regarding the use of deadly force and the subsequent mandatory investigations following such incidents.” At least two of the seven men killed by Miami police had no weapons.

Joining her in the request was the Miami branch of the NAACP, People United to Lead the Struggle for Equality, the ACLU, Miami’s Community Relations Board, and Miami Commissioner Richard P. Dunn II.

Police shot and killed seven men over a seven month stretch that began last July, causing community angst and friction between Miami Police Chief Miguel Exposito and Mayor Tomas Regalado. Dunn, who like Regalado earlier supported the chief, also fell out of favor with him, and is now seeking his resignation. Exposito has been fighting back on Spanish language television and radio insinuating Regalado is tied to organized crime. He argues the shootings were caused by a turf war created when his officers took gang leaders and weapons off the street.

Meanwhile, City Manager Tony Crapp Jr., the man who will ultimately determine Exposito’s fate, hired a retired FBI chief to evaluate police department policy and the chief’s work. He has not finished his report. And a police oversight board created through voter approval a decade ago and given subpoena power has asked Exposito to turn over all records related to the first shooting of DeCarlos Moore in Overtown. Moore was shot and killed when he disobeyed an order by police and returned to his car. He had no weapon.

Exposito has denied the panel’s request, and Civilian Investigative Panel Attorney Charles Mays is weighing whether to take the chief to court to force his hand.

(©2011 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)

“We’re not going to go away, not until we find out what happened to these young men,” said Sheila McNeil, whose 28-year-old son Travis was the seventh person shot and killed by Miami Police since last July. It happened exactly one month ago.

[worldnow id=5648050 width=385 height=288 type=video]McNeil met with Police Chief Miguel Exposito last month but he was not able to say why officers stopped her son’s car and why police fired. It happened just blocks away from the “Take One Lounge” near 75th St. and Miami Ave. at 11 p.m. on February 10th. McNeil was with his 30-year-old cousin, Kareem Williams, who was also wounded.

With tears flowing down her face and surrounded by protestors carrying photos of loved ones, Travis’s aunt, Darlene, told CBS4’s Peter D’Oench, “I just wanted to know what happened to him, because Travis would have done. Just what the officer said. He was not going to do anything to make those officers shoot up a car like they did and drag him out like a dog.”

Exposito promised to thoroughly investigate this case and said officers would be charged if they broke the law. He was not able to say when the investigation would be completed. The Miami-Dade State Attorney’s office will also investigate the McNeil shooting.

While McNeil met with Exposito on February 23rd, the other families who were at this protest have not.

“I don’t think it would do any good,” said Lynn Cone, the father of 27-year-old Lynn Weatherspoon, who was shot and killed on New Years Eve in Overtown. Police at the time said he was a felon with a long rap sheet who was shot after drawing his pistol on officers.

“They didn’t have to shoot him down like a dog,” said Weatherspoon’s father. “They shot him in the back of his head and in the back. They shot him 8 to 9 times, maybe as much as 20 times. It was overkill. My son didn’t get any justice.”

“Here it is my brother, who was 27, and he tried to run and they shot him down,” said his sister, Celisse Weatherspoon. “That’s wrong.”

Last August, 21-year-old Gibson Junior Belizaire was shot during a gun battle following a domestic call. Police say he fired at them several times after his car stopped and there was a foot chase.

His mother, Julina Belizaire, was also at the protest.

“I just want to know why my son got killed,” she said. “I want to know what’s going on in the community. All people here are brothers and sisters.”

The relatives lead by activists from P.U.L.S.E. took the protest inside Miami Hall, where Commissioners recognized them. They were told they could return next Thursday to address Commissioners about their concerns.

Mayor Tomas Regalado told CBS4 that he welcomed the relatives.

“I think it’s important they were here because this is a people’s house,” said Regalado. “We can assure them that there are many eyes looking at this investigation. I can assure them that whatever is discovered, the city will stand behind.”

The activists called for the dismissal of Police Chief Exposito.

The City Manager has brought in a retired F.B.I. chief to review the department. The City manager could decide the chief’s fate but has promised to study the circumstances before taking action.

McNeil said that she has requested a meeting with Miami-Dade State Attorney Katherine Fernandez-Rundle. But the investigations could take up to a year. So far, McNeil has not heard from the State Attorney about her request for a meeting.

“The chief hopes to give the families a little bit of closure,” said Cmdr. Delrish Moss, spokesperson for the Miami Police Department. “Those are the people who are most important here getting answers first. We’ll talk to them, and when the time allows, we’ll talk to the public at large.”

[worldnow id=5593007 width=385 height=288 type=video]Moss says Chief Miguel Exposito will reveal some details about the shootings and outline how police shooting investigations unfold. Exposito is expected to meet Tuesday with the relatives of DeCarlos Moore, who was shot to death during a traffic stop in Overtown in July. Moore had been ordered to walk toward police, but then unexpectedly ran back to his car. Investigators believe the shooting officer thought tin foil in Moore’s hand, glinting in the sunlight, may have been mistaken for a weapon.

Community activists have been calling for the Chief’s resignation after the string of police-involved shootings and lack of information. Miami-Dade County prosecutors are still reviewing the shootings to determine whether the officers broke any laws.

Miami City Manager Tony Crapp has hired former FBI official Paul Philip to review the police department’s performance under Exposito.

The American Civil Liberties Union and the NAACP last week asked the city’s Civilian Investigative Panel to investigate the department, saying the rate of fatal officer-involved shootings far exceeds other major cities.

Last year, Miami Mayor Tómas Regalado and Commissioner Richard P. Dunn began criticizing Exposito for a lack of “transparency” in talking about the fatal officer-involved shootings. Exposito had attended several community meetings, but consistently declined to talk about the shootings in detail, deferring to prosecutors.

(©2011 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)

“The chief hopes to give the families a little bit of closure,” said Cmdr. Delrish Moss, spokesperson for the Miami Police Department. “Those are the people who are most important here getting answers first. We’ll talk to them, and when the time allows, we’ll talk to the public at large.”

Moss says Chief Miguel Exposito will reveal some details about the shootings and outline how police shooting investigations unfold. Exposito will meet first with relatives of DeCarlos Moore, who was shot to death during a traffic stop in Overtown in July. Moore had been ordered to walk toward police, but then unexpectedly ran back to his car. Investigators believe the shooting officer thought tin foil in Moore’s hand, glinting in the sunlight, may have been mistaken for a weapon.

Community activists have been calling for the Chief’s resignation after the string of police-involved shootings and lack of information. Miami-Dade County prosecutors are still reviewing the shootings to determine whether the officers broke any laws.

Miami City Manager Tony Crapp has hired former FBI official Paul Philip to review the police department’s performance under Exposito.

The American Civil Liberties Union and the NAACP last week asked the city’s Civilian Investigative Panel to investigate the department, saying the rate of fatal officer-involved shootings far exceeds other major cities.

Last year, Miami Mayor Tómas Regalado and Commissioner Richard P. Dunn began criticizing Exposito for a lack of “transparency” in talking about the fatal officer-involved shootings. Exposito had attended several community meetings, but consistently declined to talk about the shootings in detail, deferring to prosecutors.

(©2011 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)