Pasadena Public Safety Committee To Review AB 392 Use-of-Force Policy Implementation

The City Council’s Public Safety Committee will meet Wednesday, May 21, to receive an update on how the Pasadena Police Department has implemented Assembly Bill 392, the state’s landmark use-of-force law that raised the standard for when officers may legally use deadly force.

Signed into law by Gov. Gavin Newsom in 2019 and known as the California Act to Save Lives, AB 392 limits the use of deadly force by police officers to two specific scenarios: when defending themselves or others from an imminent threat of death or serious bodily injury, or when apprehending a fleeing person who poses that same level of threat.

The law emphasizes the use of de-escalation tactics and alternatives to deadly force whenever feasible.

The committee will receive a detailed report outlining the legal changes introduced by AB 392 and how Pasadena’s police policies and training programs have adapted since the law took effect in 2020.

Locally, the fatal shooting of Anthony McClain in August 2020 intensified discussions around the legislation.

McClain was fatally shot by Officer Edwin Dumaguindin as he fled from a traffic stop.

Dumaguindin said that McClain was armed and he believed he was turning to shoot him when he fired the fatal shots.

Police later found a handgun at the scene that they say had McClain’s DNA on it.

Some local residents claimed McClain did not have a weapon and was not a threat to the police officer.

In April 2022, Los Angeles County District Attorney George Gascón announced that his office would not file criminal charges against the officer, citing insufficient evidence to prove beyond a reasonable doubt that the shooting was unlawful.

The case has since become a focal point in Pasadena’s ongoing examination of police use-of-force policies and accountability measures.

According to city staff, Pasadena Police Department policy was updated in advance of AB 392’s effective date.

Pasadena Police Department’s policy titled “Deadly Force Applications” mirrors the legal language of California Penal Code §835a, requiring officers—when safe and feasible—to identify themselves, issue verbal warnings, and consider less-lethal alternatives before discharging a weapon.

The department also began training officers on the new standards in December 2019 and continues to incorporate AB 392 guidance into its use-of-force review process. The policy is cited in internal memos and Use of Force Board discussions to determine whether officer actions are consistent with state law and department protocols.

Wednesday’s presentation is expected to cover the evolution of California’s use-of-force statutes, the legal distinction between deadly and non-deadly force, and how Pasadena’s police policies align with state mandates.