Office of Independent Review Report on McClain Shooting to Come Before City Council

The Pasadena City Council will discuss recommendations made by the Office of Independent Review in its probe of the Anthony McClain shooting.

“I do think that before it goes to the CPOC [Community Police Oversight Commission] the elected representatives of the City have an opportunity to review the matter,” said Mayor Victor Gordo. “The entire report needs to come here.”

The move coincides with past OIR reports that came before the City Council.

The Office of Independent Review also recommended the department adopt several policies that have already been put in place, including not relying on the LA County Sheriff to conduct investigations after shootings. The department moved investigations back in house when John Perez was promoted to police chief.

McClain was fatally shot by officer Edwin Dumaguindin nearly three years ago as he fled on foot from police during a traffic stop on Raymond Avenue near La Pintoresca Park.

Police said he was armed and a weapon was found near the scene. Police later said McClain’s DNA was found on the unserialized ghost gun.

Dumaguindin was cleared of criminal charges by LA County District Attorney George Gascón.

Out of 27 recommendations made by the OIR, Police Chief Eugene Harris disagreed with just two recommendations, one because it conflicted with another recommendation and deferred another to the oversight commission.

Harris agreed with seven items in concept, including sequestering officers involved in shootings until they complete interviews on the date of the incident, revising protocols so internal investigations are not held up by civil proceedings and criminal investigations, interviews with involved officers before end of shift, revisiting several agreements with the Pasadena Police Officers Association, training on the foot pursuit policy and elimination of irrelevant information in the department’s critical briefing.

The department agreed with 15 recommendations, including briefing for supervisors on decisions that went well or could have gone better, sequestering involved officers and prevent them taking on evidence collection roles, conduct training when deficiencies are identified in investigative protocols, consider developing interview policies, stronger efforts to contact witnesses and establish technology to allow witnesses to report anonymously, guaranteeing accuracy of witness statements in press releases and other public accounts, accurate and thorough witness interviews, inclusion of all documents used in administrative investigations in reports and files, thorough assessment of decisions to use force, require foot pursuits be evaluated in use of force incidents, prioritize community outreach, evaluate handcuffing injured suspects, inventory of first aid kits, a work plan to implement the recommendations, an accountability plan on the work plan.

The department disagreed with a recommendation requiring the Pasadena Police Department not to run witness identification or license plates because it contradicts with a recommendation for thorough witness interviews and efforts to contact potential witnesses.

The department also deferred a recommendation for the police oversight commission to convene public conversations on pretext stops.

The department disagreed with a recommendation that policy be adopted to identify the role of a Pasadena Police Officers Association representative.