August 2014 OIR Group Report on Officer

REPORT TO THE CITY OF
PASADENA CONCERNING THE
OFFICER-INVOLVED SHOOTING
OF KENDREC MCDADE
Michael Gennaco
Robert Miller
www.oirgroup.com
December 2015
PURPOSE OF OIR GROUP REVIEW
1 . TO EVALUATE STRENGTH OF PPD CRIMINAL AND
ADMINISTRATIVE INVESTIGATION
 WAS THE FACT GATHERING SUFFICIENTLY OBJECTIVE AND THOROUGH SO
THAT PPD COULD EVALUATE THE ACTIONS OF ITS OFFICERS?
2. EVALUATE ROBUSTNESS OF PPD ADMINISTRATIVE REVIEW
ACCOUNTABILIT Y?
LEARNING AND IMPROVEMENT?
FEEDBACK TO PPD AND INVOLVED OFFICERS?
3. RECOMMEND SYSTEMIC IMPROVEMENTS TO PPD INVESTIGATIVE
AND REVIEW PROCESS
FUNDAMENTAL REQUIREMENT TO
FULFILL OIR GROUP MANDATE: ACCESS
 INVESTIGATIVE MATERIALS: YES
 CRIMINAL INVESTIGATION BRIEFING: YES
 SCENE VISIT: YES
 TRAINING PROTOCOLS: YES
ADMINISTRATIVE REVIEW: NO
OIR GROUP REVIEW OF PPD CRIMINAL
AND ADMINISTRATIVE INVESTIGATIONS
 CRIMINAL INVESTIGATION SUFFICIENTLY ROBUST FOR DISTRICT
ATTORNEY TO MAKE DETERMINATION
 THE LACK OF AN ADMINISTRATIVE INVESTIGATION NECESSARILY
MADE THE SUBSEQUENT ADMINISTRATIVE REVIEW SHALLOW AND
BASED ON INCOMPLETE FACTS
 RECOMMENDED IMPROVEMENTS ON INVESTIGATIVE PROTOCOLS
 ADMINISTRATIVE INVESTIGATION IN ALL OFFICER -INVOLVED SHOOTINGS
 OBTAIN STATEMENT FROM INVOLVED OFFICERS THE DATE OF THE
INCIDENT
 NO INVOLVED-OFFICER PREVIEW OF EVIDENCE UNTIL STATEMENT
PROVIDED BY OFFICERS
OIR GROUP REVIEW OF PPD
ADMINISTRATIVE REVIEW
 IN PART BECAUSE THERE WAS NO ADMINISTRATIVE
INVESTIGATION, THE SUBSEQUENT ADMINISTRATIVE REVIEW
DID NOT SUFFICIENTLY CONSIDER OR ADDRESS THE
FOLLOWING ISSUES:
 FAILURE TO ACTIVATE LIGHTS/SIREN AND IN CAR VIDEO
 DRIVING WHILE HOLDING FIREARM AND SUBSEQUENT COLLISION
 DECISION TO EXIT RADIO CAR WITH NO COMMUNICATION WITH
PARTNER OR FORMULATION OF PLAN
 DECISION TO SEPARATE FROM PARTNER AND GO INTO FOOT PURSUIT
TO OVERTAKE A BELIEVED TO BE ARMED SUSPECT
 NO BROADCAST OF OFFICERS’ BELIEF THAT SUSPECT WAS ARMED
 “CUT OFF/BOX IN” TECHNIQUE CREATED NUMEROUS OFFICER SAFETY
ISSUES THAT INCREASED THE LIKELIHOOD OF THE USE OF DEADLY
FORCE
OIR GROUP RECOMMENDATIONS TO IMPROVE
ADMINISTRATIVE REVIEW PROCESS
 PPD SHOULD CONDUCT AN ADMINISTRATIVE INVESTIGATION
AFTER EVERY OFFICER INVOLVED SHOOTING
 PPD SHOULD CONSIDER IN EVERY SUCH INCIDENT WHETHER
DECISION MAKING THAT IS NOT CONSISTENT WITH PRINCIPLES
OF OFFICER SAFET Y PLAYED A POTENTIAL ROLE IN THE
OFFICER’S DECISION TO USE DEADLY FORCE
 THE ADMINISTRATIVE REVIEW SHOULD IDENTIFY AND
CRITIQUE TACTICAL DECISION-MAKING AND DEVELOP A
WRITTEN ACTION PLAN TO ENSURE SYSTEMIC AND INDIVIDUAL
LEARNING
 TAILORED FEEDBACK OF THE REVIEW SHOULD BE PROVIDED
TO INVOLVED OFFICERS AND PPD
OIR GROUP RECOMMENDATIONS RE
TRANSPARENCY
 THE CIT Y OF PASADENA SHOULD COMMIT TO TRANSPARENCY
BY PROVIDING AN INDEPENDENT REVIEW OF CRITICAL
INCIDENTS WITH
PROVIDING THE REVIEWER FULL ACCESS TO
INFORMATION AND MEETINGS
MAKING A COMMITMENT TO A PUBLIC REPORT OF THE
INCIDENT