Slips and capture is a type of error that may occur in high-stress situations. It has been described as a phenomenon in the psychology of human error, such that a person may inadvertently perform one action while intending to do another.
The term "slips and capture" became more widely known in the early 21st century in the United States, after being referred to by law enforcement in two prominent fatal police shooting cases in 2009 and 2015. In both cases, the police officer claimed to have shot a suspect while intending to use a Taser. [1] [2] [3]
The concept of "slips and capture" has been studied in the psychology of human error, and efforts to prevent error. [4] It was thoroughly described in 1990 by James Reason. [5]
The concept has been addressed in efforts to improve business, including computer and program design, [5] [6] and medical practices in order to avoid preventable error. [7] Both terms are used in error terminology: [8] slips are defined as "errors in the performance of skill-based behaviors, typically when our attention is diverted;" [4] and capture refers to "a type of slip where a more frequent and more practiced behavior takes place when a similar, but less familiar, action was intended." [9]
Early on New Year's Day of 2009, Oscar Grant III was fatally shot by Bay Area Rapid Transit officer Johannes Mehserle, who was detaining Grant with other officers after a reported fight on the train. [10] At his bail hearing in late January 2009, Mehserle said that he had intended to use his Taser, but inadvertently grabbed his pistol instead. [11] [12] In 2010 a jury convicted Mehserle of involuntary manslaughter, acquitting him of charges of voluntary manslaughter.
The phrase "slips and capture" was used by Bill Lewinski in 2009, a consultant in police use of force who was part of Mehserle's defense team. Lewinski was reported by the Wisconsin State Journal to have a doctorate in psychology from Union Institute & University, an online college. [13] His company, Force Science Institute, specializes in consulting to police departments. Its website advertises: "We save lives and reputations." [14] Lewinski published a newsletter article on the "Slips and Capture" theory in his "Force Science News #154" after he began work on the defense of Mehserle. [15]
On April 2, 2015, 44-year-old Eric Courtney Harris was shot to death by Tulsa city police during an undercover sting in Tulsa, Oklahoma. As Harris was being subdued, Tulsa County Reserve Deputy Robert Charles "Bob" Bates, 73, fatally shot Harris in the back, according to the Tulsa County Sheriff's Office. Bates used the concept of "slips and capture" in his defense, saying that he had intended to use his Taser on Harris. [16] [17]
Fouad Kaady was a resident of Gresham, Oregon who was shot to death by police after being injured in a car wreck.
Oscar Grant III was a 22-year-old African-American man who was killed in the early morning hours of New Year's Day 2009 by BART Police Officer Johannes Mehserle in Oakland, California. Responding to reports of a fight on a crowded Bay Area Rapid Transit train returning from San Francisco, BART Police officers detained Grant and several other passengers on the platform at the Fruitvale BART Station. BART officer Anthony Pirone kneed Grant in the head and forced Grant to lie face down on the platform. Mehserle drew his pistol and shot Grant. Grant was rushed to Highland Hospital in Oakland and pronounced dead later that day. The events were captured on multiple official and private digital video and privately owned cell phone cameras. Owners disseminated their footage to media outlets and to various websites where it went viral. Both peaceful and violent protests took place in the following days.
Adam Salter was shot and killed in his Sydney home in November 2009 after police responded to a call that the 36-year-old was stabbing himself with a knife. He was shot in the back by a New South Wales Police Sergeant Sheree Bissett who yelled "Taser, Taser, Taser" before discharging her gun. The shooter later claimed that Mr Salter was threatening another officer with the knife and that lethal force was her only option. However, the coroner found that there was strong evidence that the policewoman mistakenly used her gun instead of her taser.
The shooting of Eric Harris occurred on April 2, 2015, when 44-year-old African-American Eric Courtney Harris was fatally shot during an undercover sting in Tulsa, Oklahoma, as Harris ran from authorities unarmed. While Harris was being subdued, Tulsa County Reserve Deputy Robert Charles Bates, 73, confused his personal weapon, a Smith & Wesson .357 revolver, for a Model X26 Taser. Bates shot Harris in the back when he was on the ground. According to the Tulsa County Sheriff's office, he immediately said afterwards, "Oh, I shot him! I'm sorry." Bates was found guilty of second-degree manslaughter and sentenced to four years in prison, and was released after serving 18 months.
On September 16, 2016, Terence Crutcher, a 40-year-old black motorist, was shot and killed by police officer Betty Jo Shelby in Tulsa, Oklahoma. He was unarmed, standing near his vehicle in the middle of a street.
William J. Lewinski is a retired psychology professor and expert on police use of force at his own Force Science Institute, founded in 2004. He provides training to police and serves as an expert witness in court cases.
On April 11, 2021, Daunte Wright, a 20-year-old Black man, was fatally shot by police officer Kimberly Potter during a traffic stop and attempted arrest for an outstanding arrest warrant in Brooklyn Center, Minnesota, United States. After a brief struggle with officers, Wright was shot once in the chest at close range. He then drove off a short distance, but his vehicle collided with another and hit a concrete barrier. Officers administered CPR to Wright, but were unable to revive him and he was pronounced dead at the scene. Authorities said that Potter meant to use her taser, but accidentally used her gun instead.