Report: McClain Had a ‘Master Grip’ on Weapon

The police officer that shot a man that fled from police two years ago in a controversial officer-involved shooting said he believed the man was a threat to him and others based on the location of the suspect’s hands at his waistband as he ran away.

According to officer Edwin Dumaguindin, Anthony McClain was not running in a natural motion by pumping his arms when he fled during an Aug. 2020 police stop.

The information was made public in an administrative review released by the City late last week.

According to that report, Dumaguindin saw McClain’s gun and believed McClain was ready to fire the weapon.

“Officer Dumaguindin told investigators that, as they began running in the street, Dumaguindin saw McClain holding a black gun in his left hand. Dumaguindin said McClain was holding the handgun with a ‘master grip’ as if he was preparing to fire it,” according to the report. 

A master grip describes the technique that best controls a handgun and manages the recoil when a gun is fired. Managing the recoil can be difficult without proper grip control and can diminish accuracy. A true master grip is completed when both hands are on the weapon. 

The incident occurred on Aug. 15, 2020 after police pulled over the car McClain was traveling in because it lacked a front license plate.  

McClain’s DNA was later recovered from a weapon found at the scene, according to police. Some local residents have claimed that Dumaguindin can be seen in video footage planting the gun, but according to the report he dropped his hobble restraint during the incident and that has been misinterpreted.

The administrative review does not determine if officers violated the law during the shooting. The probe only determines adherence to local police policy.

The Office of Independent Review will examine and recommend possible changes to police policy as part of an additional probe. 

In the past, the OIR has recommended some policies that the department had already adopted.

OIR Head Michael Genacco viewed the administrative hearings according to the report. 

District Attorney George Gascón cleared the officers of lawful wrongdoing earlier this year. 

According to the DA’s report “there is insufficient evidence to prove beyond a reasonable doubt that Officer Dumaguindin did not act in lawful self-defense.”

Although the administrative report contains some personnel information, the police department was mandated to release it under SB 1421. 

SB 1421 requires certain peace officer records relating to specific incidents, complaints, and investigations to be made available for public inspection.

The records subject to disclosure are limited to certain specified records, including an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.

The records must also be released to the public if use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury.

According to police policy, the police chief is solely responsible for determining whether a use of force complies with Department policy.  

Neither the City Manager nor the City Council can review a use of force incident under City policy.  

 The Chief’s determination is final, and the City Manager cannot review the force or impose discipline as a result of the force.  

The City Council is not involved in the disciplinary process, due to the Council-Manager form of government established in the City Charter.

Disciplinary proceedings are still pending in connection as a result of the officer’s failure to activate a body-worn camera in a timely manner and are proceeding as a separate matter.  

The police chief is also responsible for imposing discipline for any policy violations that may have occurred during an incident. 

An officer is provided an opportunity to respond to the police chief before any proposed discipline becomes effective.  Once discipline is imposed, an officer can appeal it. If appealed, the City Manager is responsible for making the final decision on an officer’s appeal from the discipline.  

In order to remain impartial, the City Manager is not involved in reviewing or commenting on the merits of any discipline before there is a final decision.

City Manager Miguel Márquez is due to name a new police chief in November. 

The Pasadena Police Department takes all uses of force seriously, especially those which result in the loss of a person’s life,” said Interim Police Chief Jason Clawson.  “I am committed to holding myself and the other members of the Department accountable for our actions, individually and collectively, and I am confident that we took a critical and comprehensive look at what happened.  I encourage the public to review the complete investigation.  Ultimately, this incident resulted in the loss of Mr. McClain’s life, and it was tragic for all those involved and for the community.”