City Council Discusses Officer-Involved Shooting Investigations

The City Council heard and discussed a presentation on Pasadena’s police officer-involved shooting (OIS) investigative process and related policies during Monday’s City Council meeting.

Scheduled as an information only item, the item did not result in a vote that could lead to any changes in police policy.

The police department falls under the purview of the Police Chief who answers to the City Manager and not the City Council.

“It’s important for all of us to have an opportunity to discuss the limitations,” said Mayor Victor Gordo. “The council does not have all of the authority that we are asked to employ. Sometimes it takes a change of the charter. We have to deal with the limitations and restrictions of the charter.”

Gordo said the long investigations don’t enhance public safety or trust and called on the Police Chief to draft a public letter asking the L.A. County District Attorney to dedicate more resources to investigating shooting incidents.

He also asked that item be agendized when the council meets with Supervisor Kathryn Barger.

“I think we should do all we can as a city to persuade like-minded police chiefs and other elected officials to take this matter up with the District Attorney.”

Locally, the City Manager serves as the chief executive of the city and runs every city department, except those run by the city clerk and city attorney/prosecutor.

Legally the City Council cannot interfere in police investigations or instruct the City Manager on those matters.

According to Monday’s presentation, the City Council may “inquire” into administrative matters and instruct the City Manager in all matters of policy. The City Council may not “attempt to influence or to direct any subordinates of the City Manager.”

The city charter’s provisions prevent the City Council from imposing discipline on police officers. The charter can only be amended by Pasadena voters.

Altadena residents and residents living in other nearby cities cannot vote to change the Pasadena charter.

Memorandums of Understanding between the police and the city cite the City Manager and not the City Council’s decision making powers, in conjunction with the charter.

In 2004, a judge interpreted a charter provision similar to Pasadena’s and allowed inquiry by, but prohibited orders by, the City Council and individual councilmembers to staff subordinate to the City Manager.

According to current Pasadena police policy, following an OIS, an in-custody death, and other critical incidents, Pasadena detectives and the L.A. County District Attorney’s Office conducts separate criminal investigations.

The D.A.’s response team rolls out at the same time as local detectives after the shooting occurs.

The district attorney produces a finding based on both the police investigation and their investigation to determine if the officers acted within the framework of the law.

If it is determined the officers acted outside that framework, prosecutors determine if criminal charges should be filed against the involved officers.

A D.A. investigation is ongoing in the officer-involved shooting death of Pasadena resident Anthony McClain to determine if the law was broken during that incident.

Local residents have incorrectly claimed the City Council can fire the police officers involved in that incident despite being informed multiple times by the city attorney, city manager and the mayor that the council lacks the authority to hire or fire the officers.

On Aug. 15, 2020, McClain was a passenger in a car that was pulled over by police on North Raymond Avenue near La Pintoresca Park for failing to display a front license plate. After the driver and McClain were asked to step out of the car, McClain ran from the officers.

Police say McClain removed a handgun from his waistband as he fled, prompting Officer Edwin Dumaguindin to open fire. McClain continued running a short distance before tossing the weapon across the street and collapsing, according to police.

Some local residents say they do not see a gun in video footage of the event. Police say a gun was found at the scene. Investigators say McClain’s DNA was recovered from the weapon.

D.A. investigators received the McClain case in late 2020 but have not yet rendered a finding. Often it takes from several months to multiple years to get a finding back from the D.A.’s office.

The Pasadena Police Department’s Internal Affairs unit also responds to shootings to begin an administrative investigation into the incident after an officer-involved shooting occurs. That investigation focuses primarily on policy violations, training and tactics used.

The Internal Affairs unit typically will wait to complete their investigation until after the findings from the D.A.’s office come back so that administrative investigators have the necessary information to reach a conclusion.

Councilmember Tyron Hampton has inquired several times about the probe into the McClain shooting and has been critical of the length of time the investigation has taken.

Local shootings have also been referred to the Office of Independent Review (OIR) for an independent review of the facts.

The OIR does not conduct a criminal investigation, but looks for compliance to city policy.

Currently the OIR is also investigating the McClain shooting.

Typically, the city manager, working with police and not the City Council, controls the release of information regarding OIS investigations.

In the 2012 shooting of Kendrec McDade, then-City Manager Michael Beck initially refused to release the full OIR report, but promised to release the summary, which was a change from past incidents (when full reports had been released.)

The city changed its tune and called for the release of the full report when the matter went to court, but the Pasadena Police Officers Association continued to oppose the release of the files.

After the settlement of two federal lawsuits, several public protests, numerous media stories, a number of Superior Court hearings and a state court of appeals ruling, the report was released.

Two Pasadena police officers shot and killed McDade after a caller told a 911 dispatcher that McDade was armed when he was robbed by the teenager in 2012.

The officers said they believed McDade was armed prior to pursuing him on Sunset Avenue just before 11 p.m. the night of the shooting, based on the 911 call. The entire chase lasted just 65 seconds. The caller later recanted his story.

The two officers were cleared of wrongdoing in separate investigations by the D.A.’s office, the Police Department and the U.S. Justice Department.