report to the City of Pasadena Concerning the Officer-Involved Shooting of Kendrec McDade Michael Gennaco Robert Miller www.oirgroup.com December 2015

Purpose of OIR group review 1. TO EVALUATE STRENGTH OF PPD CRIMINAL AND ADMINISTRATIVE INVESTIGATION WAS THE FACT GATHERING SUFFICIENTLY OBJECTIVE AND THOROUGH SO THAT PPD COULD EVALUATE THE ACTIONS OF ITS OFFICERS? 2. EVALUATE ROBUSTNESS OF PPD ADMINISTRATIVE REVIEW ACCOUNTABILITY? LEARNING AND IMPROVEMENT? FEEDBACK TO PPD AND INVOLVED OFFICERS? 3. RECOMMEND SYSTEMIC IMPROVEMENTS TO PPD INVESTIGATIVE AND REVIEW PROCESS

FUNDAMENTAL REQUIREMENT TO FULFILL OIR GROUP MANDATE: ACCESS INVESTIGATIVE MATERIALS: YES CRIMINAL INVESTIGATION BRIEFING: YES SCENE VISIT: YES TRAINING PROTOCOLS: YES ADMINISTRATIVE REVIEW: NO

OIR GROUP REVIEW OF PPD CRIMINAL AND ADMINISTRATIVE INVESTIGATIONS CRIMINAL INVESTIGATION SUFFICIENTLY ROBUST FOR DISTRICT ATTORNEY TO MAKE DETERMINATION THE LACK OF AN ADMINISTRATIVE INVESTIGATION NECESSARILY MADE THE SUBSEQUENT ADMINISTRATIVE REVIEW SHALLOW AND BASED ON INCOMPLETE FACTS RECOMMENDED IMPROVEMENTS ON INVESTIGATIVE PROTOCOLS ADMINISTRATIVE INVESTIGATION IN ALL OFFICER-INVOLVED SHOOTINGS OBTAIN STATEMENT FROM INVOLVED OFFICERS THE DATE OF THE INCIDENT NO INVOLVED-OFFICER PREVIEW OF EVIDENCE UNTIL STATEMENT PROVIDED BY OFFICERS

OIR GROUP REVIEW OF PPD ADMINISTRATIVE REVIEW IN PART BECAUSE THERE WAS NO ADMINISTRATIVE INVESTIGATION, THE SUBSEQUENT ADMINISTRATIVE REVIEW DID NOT SUFFICIENTLY CONSIDER OR ADDRESS THE FOLLOWING ISSUES: FAILURE TO ACTIVATE LIGHTS/SIREN AND IN CAR VIDEO DRIVING WHILE HOLDING FIREARM AND SUBSEQUENT COLLISION DECISION TO EXIT RADIO CAR WITH NO COMMUNICATION WITH PARTNER OR FORMULATION OF PLAN DECISION TO SEPARATE FROM PARTNER AND GO INTO FOOT PURSUIT TO OVERTAKE A BELIEVED TO BE ARMED SUSPECT NO BROADCAST OF OFFICERS’ BELIEF THAT SUSPECT WAS ARMED “CUT OFF/BOX IN” TECHNIQUE CREATED NUMEROUS OFFICER SAFETY ISSUES THAT INCREASED THE LIKELIHOOD OF THE USE OF DEADLY FORCE

OIR GROUP RECOMMENDATIONS TO IMPROVE ADMINISTRATIVE REVIEW PROCESS PPD SHOULD CONDUCT AN ADMINISTRATIVE INVESTIGATION AFTER EVERY OFFICER INVOLVED SHOOTING PPD SHOULD CONSIDER IN EVERY SUCH INCIDENT WHETHER DECISION MAKING THAT IS NOT CONSISTENT WITH PRINCIPLES OF OFFICER SAFETY PLAYED A POTENTIAL ROLE IN THE OFFICER’S DECISION TO USE DEADLY FORCE THE ADMINISTRATIVE REVIEW SHOULD IDENTIFY AND CRITIQUE TACTICAL DECISION-MAKING AND DEVELOP A WRITTEN ACTION PLAN TO ENSURE SYSTEMIC AND INDIVIDUAL LEARNING TAILORED FEEDBACK OF THE REVIEW SHOULD BE PROVIDED TO INVOLVED OFFICERS AND PPD

OIR GROUP RECOMMENDATIONS RE TRANSPARENCY THE CITY OF PASADENA SHOULD COMMIT TO TRANSPARENCY BY PROVIDING AN INDEPENDENT REVIEW OF CRITICAL INCIDENTS WITH PROVIDING THE REVIEWER FULL ACCESS TO INFORMATION AND MEETINGS MAKING A COMMITMENT TO A PUBLIC REPORT OF THE INCIDENT