Practical Homicide Investigation. (Vernon J. Geberth) Quy trình điều tra

23. Narcotics-Related Homicides

Introduction

The purpose of this chapter is to provide an effective and practical investigative strategy for the investigation of drug-related homicides. Drug-related homicides are defined as murders which occur as a direct result of the use, sale, and distribution of narcotics and other illegal drugs.

In my opinion as an expert in homicide investigation, the classification of drugrelated homicides can be further divided into four specific categories: drug hits, which represent the largest percentage of drug-related homicide and take into account the killing of undercover police officers involved in narcotics enforcement; interpersonal violence drug disputes; the murder of innocent bystanders; and drug assassinations.

Although each of these categories involves violence and criminal enterprise, the cause, reason, and intentions for the murderer present authorities with additional investigative options and considerations. These categories are listed numerically based on their frequency of occurrence:

1. Drug hits. These are premeditated murders intended to eliminate competition or enforce control over the members of the cartel or drug group. The victim might have been murdered because he or she provided information to authorities or may have been a potential witness in a drug prosecution and was considered a risk to the drug group. Murders which occur during "drug rip-offs" are also considered drug hits.

2. Interpersonal drug disputes. These are homicides that occur spontaneously, usually without any premeditation. These murders take place during drugrelated disputes and interpersonal violence scenarios among and between persons who are under the influence of drugs and/or are involved in illicit drug activity.

3. Killing of innocent bystanders in drug-related homicides. Drug-related homicides also include the murders of innocent civilians and bystanders who are

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caught in a crossfire or hit by random shots fired between rival gangs or participants during drug-related disputes. The number of civilian casualties, especially within the inner cities, has drastically increased with the proliferation of drugs and the high-powered weaponry utilized by drug dealers.

4. Drug assassinations. These are premeditated murders directed toward government officials, law enforcement personnel, and civilians. The attacks are actually a form of terrorism and are intended to discourage active drug enforcement policies and/or create the impression that the drug groups or cartels are as powerful as authorities. Drug assassinations rarely occur in the United States. However, American authorities and government officials operating and traveling within countries which operate as home bases for some of the major drug cartels are certainly potential targets of an assassination as the United States continues to put pressure on these drug-producing countries in the "war on drugs."

On February 26, 1988, New York City Police Officer Edward Byrne was literally assassinated by members of a drug cartel while guarding the home of a drug witness. The subsequent homicide investigation in the Byrne case revealed that the police officer was killed on the orders of a jailed drug lord. The offender ordered the murder because he wanted revenge on the police. The drug dealer had been previously prosecuted and incarcerated on another unrelated narcotics case.

The author recommends that the reader see one of the books in my Practical Aspects of Criminal and Forensic Investigation series entitled Global Drug Enforcement: Practical Investigative Techniques,1 by Gregory D. Lee. This text deals with the fundamentals of drug investigation (narcotic buy operations, undercover operations, handling confidential informants, etc.) as well as the more complex drug investigations encompassing conspiracy, intelligence gathering, clandestine laboratories, and the nexus between drugs and terrorism.

The Drug-Related Murder: The Investigative Dilemma

Drug-related homicides are difficult homicides to solve because of the nature of the incident. In most instances, the murder is a premeditated act. The actual motive for the killing is not readily apparent except that criminal enterprise or drugs may be involved. (The exception to this scenario is sudden and violent confrontations between persons involved with drugs and/or the murder of innocent civilians.) Therefore, the police investigation actually becomes a two-pronged inquiry. The police must first investigate the homicide case and then concentrate their investigative efforts on the narcotics aspects of the case. Actually, these types of cases create at least twice the workload of a routine murder investigation and may further be complicated by interjurisdictional considerations. In addition, drug-related homicide incidents within the United States have drastically increased, which further depletes law enforcement resources.

Figure 23.1 COVER OF TEXTBOOK.

In some jurisdictions, drug-related murders account for 50 to 60% of the homicide investigations. Jurisdictions that police large urban areas have traditionally encountered high levels of violence and drug-related criminal activity. The clearance rate for murder within these jurisdictions has been appalling due to the overwhelming workload, lack of personnel, and the absence of an effective strategy for dealing with drug-related murder investigations.

The Drug-Related Murder and the Investigative Reality

Investigatively speaking, most drug-related homicides are eventually solved through intelligence and/or informant information. Witnesses in homicide investigations are generally reluctant to get involved. In my opinion, this reluctance turns into active resistance during drug-related murder investigations. The only exception is in the murder of police officers and innocent civilians.

Therefore, the police must concentrate their efforts on obtaining information through gathering criminal intelligence. Intelligence information is usually developed through an independent police narcotics operation, which may evolve within

Figure 23.2 DRUG "HIT" AND RANSACK. This photo depicts a standard "execution" type of drug hit. The victim's hands were secured behind his back. A pillow was used to muffle the sounds of the shots into his head. The body was not discovered for several days and you can see the flies on the body along with the maggot activity. (From the author's files.)

Figure 23.3 INTERIOR OF VICTIM'S APARTMENT. This photo depicts the ransacking of the victim's apartment as the "hit men" searched for drugs and money. Everything in the apartment was turned inside out and upside down as the killers went through the place like Attila and the Huns. (From the author's files.)

the police department or through outside agencies, such as the DEA, ATF, U.S. Customs, or the FBI.

This intelligence may be in the form of court-approved wiretaps or electronic eavesdropping warrants employed during a narcotics investigation, the execution of search warrants, or through routine debriefings of informants and/or persons arrested for drug violations. Informant information is the most valuable source of inside knowledge about any criminal enterprise. It may be motivated by any number of factors, including financial reward, fear, revenge, or court consideration in a pending criminal action.

The Three-Phase Strategy

Practically speaking, authorities should implement an enforcement strategy that addresses three distinct phases of the drug-related murder investigation:

Phase 1 — the application of procedural and forensic techniques as well as investigative resources to the homicide crime scene and murder investigation

Phase 2 — the evaluation of intelligence resources with the objective of cultivating reliable sources whose information can be effectively corroborated with the information developed at the homicide crime scene

Phase 3 — the implementation of crime clearance procedures, which enable authorities to clear a case successfully without an arrest by utilizing "exceptional means"

The rationale of a three-phase strategy is based upon the premise that most drug-related homicides are the direct result of an on-going criminal enterprise. The solvability of each case depends upon the factual information, which can be developed at the time of the event, coupled with current informational intelligence relative to the specific drug operation involved in the murder event.

The ability of authorities to develop and maintain current intelligence sources and reliable informants is prerequisite to the successful investigation and/or resolution of drug-related murders.

Phase 1 — The Homicide Crime Scene

The process of the homicide crime scene is without a doubt the most important phase of any murder investigation. However, in drug-related homicide investigations, the crime scene process takes on an additional significance. In this phase of the investigation, it is absolutely imperative to document each and every aspect of the event effectively, with the objective of establishing a basis for future corroboration. The police authorities must first attempt to establish the investigative facts of the case based upon the dynamics of the event as well as the circumstances under which the person was killed. The investigation usually starts at the point where the body was originally found. This is the primary crime scene. This

Figure 23.4 DUMP JOB — DRUG HIT. This body has been transported from the place of occurrence to an outdoor dumpsite. It is apparent that the killers used bed clothing, probably from the scene, to carry the body from the location of the "hit." (From the author's files.)

Figure 23.5 INTERPERSONAL VIOLENCE — DRUG DISPUTE. Drug-related homicide predicated on an interpersonal dispute between the dealer and the victim in a city park. (From the author's files.)

presents authorities with two possibilities. Was the deceased killed at the location of discovery or was the body dumped at the location?

This is an important consideration because it will focus the investigation and determine the scope of the crime scene process. If the homicide is a "dump job," there may be two or more crime scenes — e.g., the location where the assault and murder took place and a possible vehicle used to transport the body. Obviously, authorities will not have access to these areas during the initial inquiry. However, as the investigation unfolds, additional scenes may be discovered. These scenes and areas should be processed as soon as possible in order to obtain additional evidence and information. If the person was killed at the location of discovery — in the street or in an apartment — the crime scene process may result in the retrieval of additional evidence as well as additional informational sources.

Personal papers, personal effects, telephone records, correspondence, address books, etc., and any property which may aid in the murder investigation should be seized by detectives for later perusal and disposition. This information will assist in any interviews of family members and friends and may reveal a possible motive. The identification and victimology of the deceased become an extremely important starting point for the subsequent police investigation. If the murder took place at the point of discovery, the identification of the victim is usually established early due to witness identification or personal papers and information sources at the crime scene. If the homicide was a "dump job," then the identification may be delayed pending fingerprint analysis, DNA testing, or subsequent notification through a missing person's report.

During phase 1 of the investigation, authorities should also attempt to ascertain the motive and specific category of the murder, drug hit, interpersonal drug dispute, murder of innocent bystander, or drug assassination. Each category will suggest an investigative option.

In any event, the crime scene process should focus on body position, wound structures, ballistics, blood, clothing, trace evidence, and informational resources, which represent the tangibles and collectables in drug-related homicides. It should be noted that any subsequent prosecution under state or federal conspiracy laws and/or implementation of exceptional clearance procedures will require the independent corroborative information developed during the phase 1 operations.

Phase 2 — The Application of Drug Intelligence

In this phase of the murder investigation, authorities should direct their resources toward developing intelligence information as it relates to the murder. The objective is to establish the identity of the members and structure of the drug cartel or operation so as to focus on motivations and possible suspects involved. Drug operations and key players within criminal organizations may change. Arrests, prosecutions, murder, and any number of factors may have an impact on specific individuals or groups; however, the illegal activity remains the same.

Table 23.1 Drug Categories and Investigative Options

Category Investigative Options

Drug hit Intelligence information

Narcotics buy operation

Buy and bust operation

Informant information

Interpersonal drug disputes Buy and bust operation

Informant information

Narcotics buy operation

Murder of innocent bystanders Reward money

Crime Stoppers program

Use of news media and press

Community activists

Buy and bust operation

Informant information

Drug assassinations Intelligence operations

Electronic eavesdropping

Narcotics buy operations

Reward money — Crime Stoppers

Use of news media and press

Figure 23.6 DRUG VIOLENCE. This photo illustrates the level of violence involved in drug murders. This victim and his associate were tortured to death by chain saw and the body parts were dumped at a remote location. This is a morgue photo. The two victims, who had worked for a major drug dealer as "enforcers," had gone into business together. Instead of retrieving the drugs and money for their boss after killing the errant dealers, they kept the money and sold the drugs. (From the author's files.)

Figure 23.7 DRUG MURDER. This victim was beaten and tortured before he was shot in the head, stuffed in a 55-gal drum, and dumped. (From the author's files.)

Criminal enterprise maintains its continuity through adjusting operations and recruiting new members to engage in criminal conduct on an on-going basis. This generates a tremendous amount of strategic and tactical intelligence information. This intelligence information, which is used by narcotics officers to identify, target, and penetrate drug operations and arrest offenders, can also be utilized by the homicide investigator to investigate the murder inquiry.

In my opinion as an expert in homicide investigation, each drug-related homicide should be analyzed and assessed in conjunction with available drug intelligence information for the purposes of identifying and targeting specific offenders involved in the homicide investigation. In fact, in jurisdictions that experience a high percentage of drug-related murders, I recommend that the homicide division maintain within the command an intelligence operation team.

I maintained a special "homicide–narcotics team" within the 7th Homicide Zone of the New York City Police Department. We had been experiencing an inordinate amount of drug-related homicides within our zone. We attributed this increase to a series of drug wars involving different ethnic groups; 65 to 70% of the 200 homicides which occurred in this zone were drug related. This zone encompassed an area of approximately 3 square miles in the South Bronx. Our clearance

Figure 23.8 DRUG "HIT"AND "DUMP." This individual was tortured at one location and then dumped in a city park. He had stolen some "product" from his organization and was killed. He was left at this location as a "message" to anyone else in the crew who had similar ideas. (From the author's files.)

Figure 23.9 EXECUTION SHOT. The victim was shot in the head at the dump location rather than at the drug apartment where he had been tortured. The spent round and shell casing were recovered at the scene. The drug dealers did not want to risk someone hearing the shot fired in the apartment house. (From the author's files.)

Figure 23.10 VICTIM HOG-TIED. The victim had been hog-tied with handcuffs on both ankles as well as both wrists, which were then tied together with wire. (From the author's files.) rates were down to 40% and the body count was steadily increasing. As a direct result of implementing our special homicide–narcotics team, our drug intelligence network expanded and our arrest clearance rate was increased to 75%.

I recommend that the team should include narcotics officers, who are familiar with drug operations, as well as homicide detectives, who have experience with career criminals.

There should be a sufficient number of personnel to engage effectively in reactive and proactive operations. The mission of this team is to develop pertinent information on drug-related homicides through investigation, analysis, and assessment. This is accomplished through independent "street-level" enforcement action, debriefings of confidential informants, and the exchange of intelligence information with other law enforcement agencies. It requires establishing intelligence liaisons with narcotics enforcement units as well as outside agencies involved in the investigation of narcotics violations with the objective of establishing an effective intelligence network. Many offenders who are arrested are willing to make deals. They elect to cooperate with authorities to avoid extended jail time. This presents the homicide detective with an effective strategy for developing criminal informants for the drug-related homicide investigation:

1. Specific offenders who have been identified as witnesses in the drug slaying can be targeted for a "narcotics buy operation" in order to force their cooperation in the murder case; or

Figure 23.11A TRACE EVIDENCE. Closer examination of the victim's body revealed that a piece of vegetation had become caught in the crook of the victim's knee as he was being transported. (From the author's files.)

Figure 23.11B TRACE EVIDENCE PROVIDED WITNESS. The vegetation was actually a flower, which grew on a hill behind the location where the victim's body had been dumped. The original hypothesis was that the victim had been brought to the location by car and carried down the sidewalk. However, the trace evidence suggested a different direction and path. I sent detectives up a wooded hill behind the crime scene. They located similar vegetation along a dirt path, which led to a street behind the hill and the crime scene. We focused our canvass on this location and located a witness. He had seen the two suspects leaving the area in a car and provided us with a description. (From the author's files.)

2. A particular neighborhood can be targeted for a "buy and bust" operation with the objective of snaring potential witnesses to the drug slaying. In some instances, authorities at the homicide crime scene may be provided with bonus information in the form of elaborate records of drug deals.

I have been involved in a number of drug-related homicide investigations in which the records and ledgers we seized contained code names of other dealers and customers, dates and quantities of drugs sold, and financial transactions of specific drug operations. This information can be provided to narcotics officers to assist in their operations as well as to target potential witnesses in the drug-related homicide investigation. It is important to note that the intelligence aspects of the drug-related homicide investigation require mutual law enforcement cooperation between and among the different units and agencies involved in narcotics investigations.

Phase 3 — Crime Clearance Procedures

Homicides are usually considered solved or closed when the offender has been arrested and charged with the murder. However, homicides can also be effectively cleared utilizing "exceptional clearance."

Figure 23.12 HOMICIDE LINKED. This body had been wrapped up with bed clothing after being bound with wire. It had been put into a cardboard box and driven in a stolen vehicle to a dumpsite. The car's transmission conked out and the killers left the car with the body in the trunk. When we unwrapped the body, we found a handcuff key in the bedding. This key matched a pair of handcuffs on a body dropped at another location. (From the author's files.)

Figure 23.13 DRUG KIDNAPPING AND RANSOM CASE. This victim was kidnapped and held for ransom by feuding drug dealers. He was executed when the two groups could not agree on the ransom. Note the wound structures (multiple stabbing into back), which suggest an overkill pattern. The stabber was a homosexual who also inflicted postmortem stab wounds on the man's genitals. This information led us to a recently released convict with a reputation as a homosexual sadist, who was known to be an "enforcer" for a drug gang. (From the author's files.)

Exceptional clearance procedures enable authorities to clear a case successfully without an actual arrest. This method of crime clearance requires an agency to document the following information:

1. The identity of the offender is known, and

2. The exact location of the offender is known, and

3. There is sufficient information to support an arrest and prosecution, but 4. Some reason beyond police control prevents the arrest of the offender.

The specific reasons which explain "beyond police control" must be documented within the report closing the case by exceptional means. An example of beyond police control in a homicide case would be the verified death of the perpetrator through an unrelated homicide or by official state execution. I was involved in a number of drug-related homicide investigations during my 23 years in the New York City Police Department. Often during a homicide investigation, we were able to identify a specific suspect and establish sufficient probable cause for arrest only to have this suspect become a victim of another drug-related murder. By utilizing exceptional means to close cases, our agency was able to sustain sufficient homicide clearance. Ironically, drug-related homicides, which are difficult cases to solve, are particularly amenable to exceptional means clearance due to the continuity and violent nature of drug criminal enterprise. However, in order to use this method of crime clearance effectively, the agency must invest the necessary time and resources in phase 1 and phase 2 of the drug-related homicide investigation.

Conclusion

The analytical process of classifying each drug-related homicide into one of four categories and then applying the three-phase enforcement strategy to the investigation enables the detective to establish priorities and maximize his or her investigative efforts. Upon the completion of phase 1 operations, the homicide investigation can be inactivated or pursued, depending on whether further information can be developed in phase 2 operations. This strategy allows investigators to concentrate their efforts on the cases that are most amenable to clearance. However, in order for this strategy to be effective, police agencies must implement a persistent and aggressive law enforcement policy as it relates to narcotics violations. The strategic and tactical intelligence generated through this continuous narcotics enforcement will provide the informational basis for the successful investigation of drug-related homicides.

Reference

1. Lee, G.D. Global Drug Enforcement: Practical Investigative Techniques. Boca Raton, FL: CRC Press, 2000.