The administrative review regarding a fatal officer involved in a shooting will be released pursuant to a state bill that requires certain police personnel records relating to specific events be made available for public inspection.
On August 15, 2020, police shot and killed Anthony McClain during a traffic stop on Raymond Avenue near La Pintoresca Park.
McClain, who was a passenger in the vehicle, fled after being asked to get out of the car. A Pasadena police officer shot him as he fled.
The officer said McClain was armed.
McClain’s DNA was later recovered from a weapon found at the scene, according to the Pasadena Police Department.
District Attorney George Gascón cleared the officers of any wrongdoing. The administrative review is underway to determine whether the officers complied with departmental policy.
“OIS Anthony McClain’s administrative case is pending review,” said Marcia Taglioretti, acting commander and spokesperson for the department. “The department will adhere to Senate Bill 1421 regarding the release of documents.”
SB 1421 requires that certain peace officer records relating to specific incidents, complaints, and investigations be made available for public inspection.
Records subject to disclosure are limited to specific records, including an incident involving the discharge of a firearm at a person by a peace officer or guard.
Records must also be made public if the use of force by a peace officer or custodial officer against a person resulted in death or grievous bodily harm.
It is unclear whether the entire report will be published as SB 1421 or significant portions.
The review was supposed to be completed in July, but is now underway.
“We’re going to make sure this is the most comprehensive administrative review and that means sometimes we have to go back and review things,” acting city manager Cynthia Kurtz said earlier this month. -this. “We thought it was prudent to do more work than expected before receiving his report.”
Earlier this year, Gascón cleared Pasadena police officer Edwin Dumaguindin of breaking the law in the officer killing of Anthony McClain.
According to the prosecutor’s report, “there is insufficient evidence to prove beyond a reasonable doubt that Constable Dumaguindin did not act in self-defense.”
The administrative review will be used to determine if the officers violated the policy. It does not determine the criminality in the event.
Officers at the scene said McClain was armed, but local activists said McClain had no weapon. An unserialized ghost gun with McClain’s DNA was found at the crime scene, police say.
“As McClain ran, he would swing his right arm in a typical running motion while keeping his left arm bent at the elbow and his left hand in front of his body,” according to the report.
“Dumaguindin said something, maybe ‘Forget it’, as he chased after McClain. Dumaguindin held his service weapon in both hands and pointed it at McClain as he ran.
Mulrooney [the second officer at the scene] followed Dumaguindin, jogging first, then walking, his hand on his service weapon in its holster. McClain continued to hold his left hand close to his belt as he ran.
Dumaguindin said he believed McClain looked at him to shoot him as he fled.
“…Now he has a more natural running motion with the weapon in his left hand. And then, as he sweeps across his body, he starts looking over his right shoulder…I see him as s “He was looking for me to shoot me. That’s what I think he’s doing. So he’s got 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 me.
The report cites Tennessee versus Garner. In that case, the Supreme Court upheld a lower court’s decision that struck down a Tennessee law that allowed police to use deadly force against a suspected criminal fleeing arrest.
But the High Court reaffirmed a lower court ruling that officers can use force to prevent an escape if the officer has probable cause to believe the suspect poses a significant threat of death or serious bodily harm to the police or other people.