Office of Independent Review Report

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Office of Independent Review Report

• Presented by
• Phillip L. Sanchez, Chief of Police
• Pasadena Police Department
• December 7, 2015
• City Council

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Summary of Incident

• Summary of Incident
• On March 24, 2012, at approximately 1104 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 20s.  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.

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OIS Route of Travel
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Summary of Findings

• An investigation was conducted and turned over to
  the District Attorney, the Department of Justice
  for review.  Following the Los Angeles District
  Attorneys 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.

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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 Groups
  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. 

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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 Departments 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 Groups 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.

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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

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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.

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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.

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OIRG Recommendations

• Recommendation 1 Because in McDade, the
  Departments 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 Departments Lexipol policy 310.8 (Attachment
  B). However, this is an administrative policy
  decision, which could be revisited

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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 Departments 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.

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OIRG Recommendations

• Recommendation 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.

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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)

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OIRG Recommendations

• Submitted

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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 report

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Investigative Processes (McDade)
OIS
Administrative
Independent Reviews
US Dept. of Justice/FBI (Includes compelled
statements)
Public Safety Interview by Involved Officers
Administrative Investigation Including
Comprehensive Criminal Investigation
OIRG (Includes compelled statements)
Voluntary Statements by Officers and Evidence
Gathering
If no voluntary statement, officers would have
been compelled by Professional Standards to give
a statement
Los Angeles County DA Reviews Criminal
Investigation
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Officer Interview Timeline
Sunday 3/25/2012 _at_ 110 am Detectives called
District Attorney OIS Team
Sunday 3/25/2012 _at_440 am Detectives met with
LASD Forensics Team
Saturday 3/24/2012 _at_ 730 pm Officer Started Shift
Saturday 3/24/2012 _at_ 1104 pm OIS
Sunday 3/25/2012 _at_ 145 am Detective Walk-through
begins recovery of evidence
Sunday 3/25/2012 _at_ 700 am Detectives Canvassed
OIS Route and begin interview of Carrillo
Saturday 3/24/2012 _at_ 1120 pm Public Safety
Interview Conducted by Sergeant with Officer
Griffin (16 minutes)
Sunday 3/25/2012 1035 am Detectives met with
McDade Family at HMH
Sunday 3/25/2012 _at_ 230 am Detectives complete
Walk-through
Monday 3/26/2012 _at_ 1100 am Officers Voluntary
Interviews with Detectives
Sunday 3/25/2012 _at_ 230 pm Detectives met with
Technical Services to retrieve MAV Evidence
Sunday 3/25/2012 _at_ 320 am Detectives met and
briefed DAs OIS Team
Saturday 3/24/2012 _at_ 1128 pm Public Safety
Interview Conducted by Sergeant with Officer
Newlen (24 minutes)
Sunday 3/25/2012 _at_ 400 pm PPOA Attorneys /
Representatives ask that Interview of Officers be
delayed (15 hrs, 56 mins after OIS)
Sunday 3/25/2012 _at_ 400 am Detectives interview
minor suspect
Saturday 3/24/2012 _at_ 1130 pm Detectives
notified arrived on scene Sunday 3/25/2012 _at_ 115
am