Police Department Office of Independent Review Report Presented by Phillip L. Sanchez, Chief of Police Pasadena Police Department December 7, 2015 City Council

Police Department Summary of Incident On March 24, 2012, at approximately 11:04 p.m., Mr. Oscar Carrillo reported to the 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 Findings An 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 Recommendations Recommendation 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 (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 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. 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 Chief Sanchez phoned the OIR Group requesting an independent review April Meeting with the OIR Group to discuss independent review September Criminal Investigation Division presented their investigation to Pasadena Police Executive Staff and OIR Group October Crime Scene Walk-Through with OIR Group March Findings of Administrative Use of Force Review sent to OIR group April Administrative Use of Force Review presentation sent to OIR September OIR Group provides draft report November 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 OIR provided with overview of Administrative Use of Force Investigation/Review April OIR provided with PPD comments on OIR Draft Report August OIR delivers final report 15

Police Department Investigative Processes (McDade) OIS Administrative Independent Reviews Voluntary Statements by Officers and Evidence Gathering If 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 DA Reviews Criminal Investigation

Police Department Saturday 11:04 pm OIS Saturday 7:30 pm Officer Started Shift Saturday 11:20 pm Public Safety Interview Conducted by Sergeant with Officer Griffin (+16 minutes) Saturday 11:28 pm Public Safety Interview Conducted by Sergeant with Officer Newlen (+24 minutes) Saturday 11:30 pm Detectives notified arrived on scene Sunday 1:15 am Sunday 1:10 am Detectives called District Attorney OIS Team Sunday 1:45 am Detective Walk-through begins & recovery of evidence Sunday 2:30 am Detectives complete Walk-through Sunday 3:20 am Detectives met and briefed DA’s OIS Team Sunday 4:00 am Detectives interview minor suspect Sunday am Detectives met with LASD Forensics Team Sunday 7:00 am Detectives Canvassed OIS Route and begin interview of Carrillo Sunday 3/25/ :35 am Detectives met with McDade Family at HMH Sunday 2:30 pm Detectives met with Technical Services to retrieve MAV Evidence Sunday 4:00 pm PPOA Attorneys / Representatives ask that Interview of Officers be delayed (15 hrs, 56 mins after OIS) Monday 11:00 am Officers’ Voluntary Interviews with Detectives Officer Interview Timeline