District Attorney Replies to City’s Letter on Officer-Involved Incidents

In a reply to a letter from several city officials concerned about excessive length of police investigations, LA County District Attorney George Gascón said he shared the city’s concerns and has made it a priority to resolve the investigations as quickly as possible, but in a thorough manner.

“I added six lawyers and two investigators to the Justice System Integrity Division (JSID) since I took office in December 2020,” Gason wrote in the letter dated March 16. “I have instituted bi-weekly meetings with JSID’s supervisors to discuss these matters and regularly stress the importance of resolving these reviews in a timely manner.”

In a letter drafted on Mayor Victor Gordo’s letterhead and signed by City Manager Cynthia Kurtz, City Attorney/Prosecutor Michele Bagneris and Police Chief Cheryl Moody, city officials chided LA County’s top law enforcement official for the lack of expediency in officer-involved shooting investigations.

“When OIS criminal investigations linger for long periods, it is unfair to all concerned — shooting victims, the involved officers, and members of the public,” the letter states.

“Following an OIS incident, officers, families, and the public deserve a process they can trust. This includes the investigation and review of such incidents,” the city’s letter stated.

City officials have been waiting for Gascón’s office to make a determination on the legality of the police officer that fatally shot Anthony McClain on Aug. 15, 2020.

McClain, a passenger in a car pulled over by police in Northwest Pasadena near La Pintoresca Park.

After the driver and McClain were asked to step out of the car, McClain attempted to flee from the scene. 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 a handgun across the street and collapsing, according to police.

McClain’s DNA was recovered from a pistol that police seized at the scene, according to police, but on body worn camera footage it is unclear if he had a weapon.

The city reached a $7.5 million settlement with the family in November.

The nearly two-year-long DA investigation has gone on twice as long as the probe of some other local fatal police shooting incidents.

According to the city’s letter, over the last five years, the District Attorney’s Office has averaged 2.5 years to complete its findings on individual incidents, with some taking as many as four years to complete.

Gascón’s letter did not address the issues of public trust but laid out the process followed by his office after an officer involved shooting occurs.

A deputy district attorney and investigator respond to the scene of each officer-involved shooting (OIS) and in custody death (ICD).

The officials are briefed by the police agency charged with investigating the incident, receive a walk-through of the scene and participate in interviews of witnesses.

Once the police agency concludes its investigation of the OIS or ICD, attorneys with the Justice System Integrity Division (JSID) review the investigation to determine whether there is sufficient evidence to pursue criminal charges.

“The investigative reports are voluminous and typically take six to nine months to complete and submit to our office. In addition, the reports are accompanied by recordings of radio calls,” according to Gascón’s letter.

The report includes mobile digital terminal messages, and video from security and body worn cameras. Assimilation and analysis of all the investigative material often takes the assigned attorney weeks to complete.

Following the review of the investigative materials, the assigned attorney prepares a draft evaluation for management, recommending whether to find conduct of the involved personnel lawful or not. This evaluation goes through an extensive editing process in JSID and is further reviewed at length by my executive team. If the conduct is deemed lawful, the report is finalized, sent to the agency and involved personnel and published. If it is determined that the conduct is criminal, charges are brought.

“As I stated at the outset, a thorough and transparent examination of these incidents is a high priority of this office,” Gascón wrote. “We strive to handle them as expeditiously as possible, but we need to take care to reach a correct result.”