Officer Said He Believed McClain Was Targeting Him

The officer who fatally shot and killed Anthony McClain told prosecutors that he believed McClain was about to shoot him.

On Wednesday, District Attorney George Gascon’s office released a report clearing Pasadena Police Officer Edwin Dumaguindin in the incident.

Dumaguindin shot McClain after McClain fled during a traffic stop on North Raymond Avenue on Aug. 15, 2020.

“…Now he has more of a natural running motion with the weapon in his left hand, Dumaguindin told investigators. “And then, as it blades across his body, he begins looking over his right shoulder … I’m seeing him like he’s looking for me to shoot me. That’s what I believe he’s doing. So, he has the gun. I can see the gun. Now, he’s looking for his target. And, I’m his target. He’s looking for me to engage at me.”

Although a gun was recovered at the scene with McClain’s DNA, activists claim McClain was unarmed. Late last year, the city reached a $7.5 million settlement with McClain’s family.

On Wednesday, McClain’s family was told the Dumaguindin would not be charged before the 30-page report was publicly released.

The document released by the District Attorney’s Office concluded that there is “insufficient evidence to prove beyond a reasonable doubt that Dumaguindin’s decision to use deadly force was unreasonable,” finding that “the evidence presented strongly supports that McClain possessed a firearm.”

“Dumaguindin’s use of deadly force is only justified if he reasonably believed McClain had the present ability, opportunity, and apparent intent to immediately inflict serious bodily injury or death upon him.” the report reads. “The reasonableness of Dumaguindin’s beliefs largely depends on whether McClain had, or appeared to have, a firearm in his hand at the time Dumaguindin discharged his service weapon. The evidence presented in this case strongly supports the proposition that McClain was armed with a firearm when Dumaguindin discharged his duty weapon.”

The incident began after police pulled over the vehicle McClain was riding in. The driver, identified as Witness 1, said he had just picked up McClain on Howard Street, and became worried about his behavior.

“Witness 1 thought McClain may have been under the influence of a controlled substance; however, he did not know McClain to use drugs. Due to McClain’s odd behavior, Witness 1 wanted him out of his car.” the report stated.

Police made a U-turn after the vehicle carrying the two men passed them heading south on Raymond Avenue. The driver immediately suspected police were about to pull them over.

“When he told McClain that the police were going to pull them over, McClain said, ‘Oh, man, you should keep going. Keep going. Just go. Like, just go,’” the report said. “When Witness 1 slowed down and pulled his car to the shoulder of Raymond Avenue, McClain said, ‘Oh fuck, fuck, fuck,’ and began texting on his phone.”

Police eventually pulled over the vehicle, which did not have a front license plate.

After the driver and McClain were asked to step out of the car, McClain ran from 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.

Dumaguindin’s partner, Ryan Mulrooney also indicated he saw a gun.

“Your buddy just pulled a gun out on my partner,” he said. Witness 1 did not indicate he saw the weapon.

“You’re bullshitting!,” the driver said.

“No, I just saw it,” Mulrooney said.

Police interviewed five witnesses at the scene and one reported seeing a black handgun in McClain’s hand.

“Witness 4 was in her home, located slightly south of the traffic stop location,” according to the report. “Witness 4 heard two gunshots and looked out her front window. She saw a man, who appeared to be chasing another man, running south on Raymond Avenue. The man had a black gun in his hand and was wearing a white T-shirt, black backpack or vest, and black pants. She was unable to determine his race or which hand was holding the gun. Witness 4 and her husband, Witness 5, dropped to the floor for their protection.”

Police said they located a black unserialized ghost gun at the scene. The recovered firearm contained a magazine loaded with seven rounds head stamped “WIN 40 S&W.” The additional round recovered near the firearm had the same headstamp.

Authorities said the weapon was later determined to be Polymer80. The handguns are sold online and are no more than 80% complete, avoiding federal firearms regulations. Consumers can purchase the necessary materials to build and complete the firearm assembly.

Polymer80 lower receivers and handgun frames lack serial numbers for identification and are often referred to as “ghost guns.”

The Pasadena Police Department’s administrative review of the incident, to determine whether the officers followed department policy in the officer-involved shooting, has started and results are presently pending. The city has also retained the OIR Group to conduct an independent review of the shooting.