Administrative Review in McClain Shooting Tracking for Completion Soon

According to the City Manager Miguel Márquez, an administrative review into an officer involved shooting is due to be completed soon.

“It should be completed by the end of this month or very early next month,” Marquez told the City Council on Monday.

The police department is looking into adherence to policy on the fatal officer involved shooting of Anthony McClain.

McClain was a passenger in a car that was pulled over for lack of a front license plate. He fled shortly after being asked to step out of the vehicle.

Police said that officers later found a weapon at the site with McClain’s DNA on it. Local activists, who were not on the scene at the time of the shooting, say McClain was unarmed.

Earlier this year, District Attorney George Gascón cleared Pasadena Police Officer Edwin Dumaguindin of violating the law in the incident.

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.”

In that report, both officers said they believed McClain was armed.

“As McClain ran, he swung 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 stated something, possibly ‘Drop it,’ as he chased McClain. Dumaguindin held his service weapon with both hands and pointed it toward McClain as he ran.

Mulrooney [the second officer at the scene] followed Dumaguindin, initially jogging and then walking, with his hand on his holstered service weapon. McClain continued to hold his left hand near his waistband as he ran.”

Dumaguindin said he believed McClain looked back at him to shoot him when he was fleeing.

“…Now he has more of a natural running motion with the weapon in his left hand. 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.”

The administrative review will be used to determine if the police officers violated policy. It does not determine criminality in the event.

Since the report will examine the officer’s adherence to police policy, it will have to be determined if the report is a personnel issue which could limit the City’s ability to release information. 

Any information released from the report could happen as a new police chief comes to town. Marquez is due to name the City’s next police chief in November. 

City Attorney Michelle Bagneris on Monday said some information will be released once the review is completed.

Another report by the Office of Independent Review (OIR) will also be completed. The OIR typically recommends changes to police policy. The recommendations are also expected to be released.

Like the administrative review, the OIR report will not make determinations about the lawfulness of the shooting.