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McClain was shot and killed on Aug. 15, 2020 after he fled during a traffic stop.
Last week, District Attorney George Gascón’s office released a report clearing Pasadena Police Officer Edwin Dumaguindin in the incident.
Two probes remain in the case: the administrative review and an independent probe by the Office of Independent Review, which also looks at policy.
The city’s Police Oversight Commission will also scrutinize the administrative review.
“I think it is important for the commission to have a role reviewing the policies and procedures,” said Mayor Victor Gordo.
According to City Manager Cynthia Kurtz the review could be completed in several weeks and the OIR report would begin also.
Neither review will result in charges being filed against Dumaguindin.
Kurtz said she hoped both reviews would be completed by July 1, which is the end of the fiscal year. The city cannot mandate a timeline for the completion of the independent OIR probe.
The incident began after police pulled over the vehicle McClain was riding in. The driver, identified as Witness 1, said he had just picked up McClain on Howard Street, and became worried about his behavior.
Although a gun was recovered at the scene with McClain’s DNA, activists claim McClain was unarmed. Late last year, the city reached a $7.5 million settlement with McClain’s family.
The document released by the District Attorney’s Office concluded that there is “insufficient evidence to prove beyond a reasonable doubt that Dumaguindin’s decision to use deadly force was unreasonable,” finding that “the evidence presented strongly supports that McClain possessed a firearm.”
“Dumaguindin’s use of deadly force is only justified if he reasonably believed McClain had the present ability, opportunity, and apparent intent to immediately inflict serious bodily injury or death upon him.” the report reads. “The reasonableness of Dumaguindin’s beliefs largely depends on whether McClain had, or appeared to have, a firearm in his hand at the time Dumaguindin discharged his service weapon. The evidence presented in this case strongly supports the proposition that McClain was armed with a firearm when Dumaguindin discharged his duty weapon.”
Police made a U-turn after the vehicle carrying the two men passed them heading south on Raymond Avenue. The driver immediately suspected police were about to pull them over.
Police eventually pulled over the vehicle, which did not have a front license plate.
After the driver and McClain were asked to step out of the car, McClain ran from officers. Police say McClain removed a handgun from his waistband as he fled, prompting Officer Edwin Dumaguindin to open fire. McClain continued running a short distance before tossing the weapon across the street and collapsing, according to police.
Police interviewed five witnesses at the scene and one reported seeing a black handgun in McClain’s hand.
“Witness 4 was in her home, located slightly south of the traffic stop location,” according to the report. “Witness 4 heard two gunshots and looked out her front window. She saw a man, who appeared to be chasing another man, running south on Raymond Avenue. The man had a black gun in his hand and was wearing a white T-shirt, black backpack or vest, and black pants. She was unable to determine his race or which hand was holding the gun. Witness 4 and her husband, Witness 5, dropped to the floor for their protection.”
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