Police Department

Office of Independent Review Report

Presented by Phillip L. Sanchez, Chief of Police

Pasadena Police Department

December 7, 2015City Council

Police Department

Summary of IncidentSummary of Incident

On March 24, 2012, at approximately 11:04 p.m., Mr. Oscar Carrillo reported to the 9-1-1 dispatcher that he had been robbed at gunpoint by two African-American males who were in their early 20’s.  Mr. Carrillo reported to the dispatcher that both subjects had guns. Officers Newlen and Griffin arrived in the vicinity of the robbery within two to three minutes of the original dispatch. The officers observed an individual matching the description of one robbery suspect in the middle of Fair Oaks Avenue. The subject, later identified as Kendrec McDade made eye contact with the officers and began running west towards a parking lot, with the officers following.  The subsequent chase traversed through an alley and onto Sunset Avenue. Eventually, Mr. McDade and the officers encountered each other and an officer involved shooting occurred where Mr. McDade succumbed to his injuries.

2

Police Department

OIS Route of Travel

Police Department

Summary of FindingsAn investigation was conducted and turned over to the District Attorney, the Department of Justice for review.  Following the Los Angeles District Attorney’s review of this incident, it determined that the officers’ actions were reasonable and legal and that deadly force was justified.

Based on the facts, Department of Justice did not pursue further actions against the officer or the department.

4

Police Department

OIRG Scope of Work - Independent Review

Office of Independent Review Group – Scope of Work

On April 2012, Pasadena City officials and the Chief of Police, Phillip Sanchez met with OIR Group to discuss conducting an independent review of the Officer Involved Shooting. OIR Group’s work scope consisted of:

> Reviewing investigative materials for thoroughness and objectivity.> Participating in any meetings by executives of the Pasadena Police Department (“the

Department) involving the formal administrative review of the shooting incident, and providing independent recommendations regarding any potential administrative issues, including potential accountability, systematic issues, investigative issues, policy review and training.

> Providing a comprehensive written report of the results of the independent review.

As part of its services, OIR Group was provided with access to reports, interviews, videos, photographs and other documentary evidence in possession of the Pasadena Police Department. OIR Group visited the scene of the incident including the location of the theft, the route traversed by the officers and the suspects and were able to assess the lighting conditions at the time of the shooting as well as the terrain. OIR Group participated in police firearms training at the range to asses department training and was invited to a comprehensive review to hear and see all evidence that was in possession of the police department. 5

Police Department

OIRG Scope of Work - Independent Review

After contracting with OIR Group, it was the intent of City Manager and the Chief of Police to release the OIR Group recommendations, including the Police Department’s responses at a public meeting of the Public Safety Committee.

It was the intention of the Police Department to provide a timely report to the Public Safety Committee. However there were a number of significant issues that prevented the timely release.

OIR Group’s final report included a total of 26 recommendations. The Department agreed with 19 and either has current policies/practices in place which address the recommendation or is in the process of implementing the recommendation(s). The Department either partially agrees or disagrees with the remaining points. A response to these particular recommendations is provided herein.

6

Police Department

Summary of Administrative Review

The Pasadena Police Department examined this incident conducting an investigative review.That investigative review was done by members of the Professional Standards Section and presented to the Executive Team of the Pasadena Police Department. The Review Board examined;• REASONABLENESS OF USE OF FORCE AND CRITICAL DECISION

MAKING• SUPERVISION• TRAINING• EQUIPMENT• POLICIES AND PROCEDURES

7

Police Department

Summary of Administrative Review – Lessons Learned

The Investigative Review allowed the Department to;• Ensure a detailed investigatory review.• Found there was an extensive and documented neighborhood canvass for

witnesses.• Found the interviews and incident reports by responding officers were

comprehensive.• The interviews of the two involved officers was lengthy and detailed.• Found Crime Scene management was very good.• Found Crime Scene supervision and management very good. • Assess the value of interpersonal meeting to convey concerns, observations

to keep department informed as possible of critical • Asses the value of a voluntary statement of involved offices• Value of training department personnel on an annual regarding crime scene

management.• Following any critical Officer Involved Shooting or Great Bodily Injury incident,

the police department will clearly define the scope of work to be done by independent reviewers should they be used.

8

Police Department

Summary of Administrative Review – Lessons Learned

Going Forward• Insure any findings and recommendations by Independent Reviewers of

Officer Involved Shootings/Great Bodily Injury incident reports are made available to the public in a timely manner.

• Create greater separation between Criminal Investigation and Administrative Investigation.

• Opportunity to assess training on an on-going basis and modify as needed.• Evaluate policies, procedures, training and equipment.• Ensure follow up with involved officers is completed in a timely manner.

9

Police Department

OIRG RecommendationsRecommendation 1: Because in McDade, the Department’s training personnel were not called to roll out to the crime scene, PPD should again consider revising protocols to ensure that training personnel are part of the rollout team for officer-involved shootings.• Response to Recommendation 1: The Department agrees with this

recommendation and will implement this recommendation for future officer-involved shootings that result in great bodily injury or death. Although they were not part of the ‘rollout team’ for this incident, Training staff, including firearms and defensive tactics instructors, participated in the administrative review of the case and offered opinions and training insights with respect to the actions of the officers involved in this incident.

Recommendation 2: Pasadena PD and the City should revisit the current Letter of Agreement with the Pasadena Peace Officers Association requiring the department preview recorded evidence with officers prior to being interviewed about officer-involved shootings (as they did in the McDade case) and should strive to develop protocols that would prevent officers from previewing recorded evidence prior to their interviews. • Response to Recommendation 2: The Department does not agree with

this recommendation. Allowing officers to review video is consistent with contemporary police practices as codified in the Department’s Lexipol policy 310.8 (Attachment B). However, this is an administrative policy decision, which could be revisited

10

Police Department

OIRG Recommendations

Recommendation 3: To avoid the use of telephonic interviews as occurred in the McDade case, PPD should develop protocols discouraging the use of telephonic interviews in officer-involved shooting investigations. When in person interviews prove to be impracticable, the investigative file should explain why.• Response to Recommendation 3: The Department agrees with this

recommendation. Departmental protocol states that witness interviews should be taken in person where possible. The Department will formalize this through implementation of a policy within 60 days.

Recommendation 6: Because the independent reviewers in the McDade shooting were not invited to attend the Department’s administrative review, should PPD engage in future independent reviews, it should reconsider inviting such reviewers to attend those reviews.• Response to Recommendation 6: The Department agrees with this

recommendation. OIRG principles were not invited to the police department administrative review board for two primary reasons. First, their presence in the review process may have unnecessarily influenced the review board and its outcomes or limit robust discussions and criticism. Second, confidential police officer personnel records are discussed and/or generated during the administrative review. Nonetheless, in retrospect, the Department recognizes the value of independent reviews. 11

Police Department

OIRG RecommendationsRecommendation 8: Considering what happened in the McDade incident, the department should devise protocols and provide training on those protocols that would require immediate radio notification if officers who are following a suspect collide with a structure, however minor. • Response to Recommendation 8: The Department generally agrees with

this recommendation. The Department currently has a policy regarding vehicular accidents which requires all employees to report any vehicle accident to supervisors as soon as practical. The recommendation is that a report be made immediately, apparently regardless of the severity of the vehicle damage or other competing facts. The Department believes the totality of the circumstances should be considered in assessing priority of reporting vehicle accidents while in pursuit.

Recommendation 10: To avoid the officer and public safety issues that arose in this case as a result of the decision to attempt to cut off Mr. McDade and box him in, PPD should circumscribe its tactical policies and create training that would prohibit a “cut-off” and “box-in” maneuver when pursuing suspects believed to be armed.• Response to Recommendation 10: The Department does not agree with this

recommendation. The “box-in” tactic remains a viable tactic which may be effective under certain circumstances. When deployed properly, it drastically reduces escape choices for suspect(s); reduces risk and increases officer/public safety. Containment continues to be taught in the basic police academy and Advanced Officer Training classes.

12

Police Department

OIRG Recommendations

Recommendation 13: Because in McDade the involved officers chose not to respond with lights and siren and therefore their in-car audio video system was not automatically activated and because they did not manually activate the system, the Department should devise a policy requiring manual activation of the in car audio video system when an officer is responding to felony calls or pursuing a person believed to be armed. • Response to Recommendation 13: The Department generally agrees

with this recommendation as it relates to ensuring video data capture. The newly implemented in-car video system utilizes three cameras per patrol vehicle. The front facing camera operates automatically when the vehicle is turned on therefore ensuring a level of continuous video capture regardless of whether a vehicle is responding to an incident with lights and sirens or not. (Attachment G)

13

Police Department

OIRG Recommendations

Submitted

14

Police Department

OIRG Report Timeline• OIR Group - Progress of Work Timeline • March 2012 - Chief Sanchez phoned the OIR Group requesting an

independent review• April 2012 - Meeting with the OIR Group to discuss independent

review• September 2012 - Criminal Investigation Division presented their

investigation to Pasadena Police Executive Staff and OIR Group• October 2012 - Crime Scene Walk-Through with OIR Group• March 2013 - Findings of Administrative Use of Force Review sent to

OIR group• April 2013 - Administrative Use of Force Review presentation sent to

OIR• September 2013 - OIR Group provides draft report• November 2013 - Michael Gennaco and Robert Miller of OIR Group

visit the Pasadena Police Range and participate in live fire and simulator exercises and receive various training

• February 2014 - OIR provided with overview of Administrative Use of Force Investigation/Review

• April 2014 - OIR provided with PPD comments on OIR Draft Report• August 2014 - OIR delivers final report15

Police Department

Investigative Processes (McDade)

OIS

Administrative Independent Reviews

Voluntary Statementsby Officers and

Evidence GatheringIf no voluntary statement, officers would have been

compelled by Professional Standards to

give a statement

Public Safety Interview by Involved Officers

US Dept. of Justice/FBI(Includes compelled statements)

OIRG(Includes compelled statements)

Administrative Investigation

Including Comprehensive

Criminal Investigation

Los Angeles County DAReviews Criminal

Investigation

Police Department

Saturday 3/24/2012 @ 11:04 pm OIS

Saturday 3/24/2012 @ 7:30 pm Officer Started

Shift

Saturday 3/24/2012 @ 11:20 pm Public Safety

Interview Conducted by Sergeant with

Officer Griffin (+16 minutes)

Saturday 3/24/2012 @ 11:28 pm Public Safety

Interview Conducted by Sergeant with Officer Newlen

(+24 minutes)

Saturday 3/24/2012 @ 11:30 pm Detectives notified

arrived on scene Sunday 3/25/2012 @

1:15 am

Sunday 3/25/2012 @ 1:10 amDetectives called

District Attorney OIS Team

Sunday 3/25/2012 @ 1:45 amDetective Walk-through

begins & recovery of evidence

Sunday 3/25/2012 @ 2:30 am Detectives complete

Walk-through

Sunday 3/25/2012 @ 3:20 am Detectives met and

briefed DA’s OIS Team

Sunday 3/25/2012 @ 4:00 am Detectives interview

minor suspect

Sunday 3/25/2012 @4:40 am Detectives met

with LASD Forensics Team

Sunday 3/25/2012 @ 7:00 am Detectives

Canvassed OIS Route and begin

interview of CarrilloSunday 3/25/2012 10:35

am Detectives met with McDade Family at

HMH

Sunday 3/25/2012 @ 2:30 pm Detectives met

with Technical Services to retrieve

MAV Evidence

Sunday 3/25/2012 @ 4:00 pm

PPOA Attorneys / Representatives ask

that Interview of Officers be delayed

(15 hrs, 56 mins after OIS)

Monday 3/26/2012 @ 11:00 amOfficers’

Voluntary Interviews

with Detectives

Officer Interview Timeline