Independent Investigator Will Probe Local Officer-Involved Shooting

Pasadena Police Chief John Perez told Pasadena Now that an independent investigator will look into Saturday’s fatal officer-involved shooting of Anthony McClain.

According to Perez, soon after the police pulled over the car that the 32-year-old McClain was riding in as a passenger, McClain fled from police and reportedly drew a weapon from his waistband, then began to turn back toward the officers.

It is not known if he intended to fire at officers or was merely looking back.

McClain was transferred to Huntington Hospital, where he died a short time later.

According to Perez, the investigator has not yet been chosen.

“It will probably be part of an RFP (Request for Proposal) process, and I am sure there will be some public comment on it,” Perez said.

The shooting will be the subject of four investigations, including one by the department’s homicide detectives and another by internal affairs officials. Others include one by the Los Angeles County District Attorney’s Office and the other by an independent investigator.

By handling the investigation in-house, Perez said he will be allowed to discuss the matter with local stakeholders and community members.

Reasonable or necessary?

Perez said the shooting complied with AB392, a recently enacted state law that changed the state’s standard for use of deadly force from “reasonable” to “necessary.”

According to AB392 — which was signed into law by Gov. Gavin Newson on Aug. 19, 2019 — an officer can use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, and if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.

“From that legal point, it takes away the human emotion of how we look at deadly encounters, but from the law the threat was imminent and based upon the totality of the circumstances,” Perez said.

The bill was introduced shortly after two Sacramento police officers fatally shot Stephon Clark in March 2018. Police identified Clark as a suspect after responding to 911 calls. After chasing Clark into the backyard of his grandmother’s home, officers mistook his cell phone for a gun and shot him eight times.

The Sacramento District Attorney’s Office declined to charge the officers, claiming they genuinely feared that Clark had a gun, and therefore the shooting was justified and the officers “acted lawfully.”

Clark’s death prompted outrage and calls for reform in the state’s rules on police use of deadly force.

“This shooting of a fleeing man, under the new state law on the use of deadly force, may be illegal,” said local activist Kris Ockershauser.

Transparency in action

Video of the incident will be released later this week. after it is shown to McClain’s family.

Earlier this week, footage of the tense aftermath of the incident in La Pintoresca Park, near the shooting scene, was released. One person was Tasered and arrested after allegedly threatening a police officer. Several people were pepper-sprayed after they approached police during the Tasing incident.

Perez released the video well before the 45-day state deadline and has committed to being transparent during the investigation.

On Monday, Perez decried rumors as interfering with the scrutiny being applied to the shooting. 

Even more public scrutiny could be coming after footage of the shooting is released.

Local activists say they want to see the body-worn camera footage of the shooting, along with footage captured by the police cruiser.

On Monday, Perez told reporters that one of the officers did not turn on his body worn camera.

“My prayers are with the McClain family and friends during this incredibly painful time, as well as with all the witnesses and members of the community near La Pintoresca Park,” said Juliana Serrano. “This shooting is a traumatic tragedy. For those of us who have been advocating for police reform over the years, our hearts ache because another Black man died at the hands of police before we have implemented the changes we so desperately need.

“I await the opportunity to watch the body-worn camera and dash-camera footage so as to have clarity about what happened on Saturday night and why it happened – knowing well that even that information will not provide peace about the incident. The fight for civilian oversight of the Pasadena Police Department will continue. Our community will come together in this time of grief to call for our city and our law enforcement agency to do better by us,” Serrano said.

Long overdue conversation

The shooting has once again raised questions about how local Black men are treated by police.

The City Council is currently embroiled in discussions regarding police oversight and on Monday could discuss a model that would create a police commission and a police auditor.

Critics claim the oversight commission model does not go far enough. They are calling for one that includes an independent police auditor that does not answer to the city manager.

Activists say the shooting highlights the need for civilian oversight.

“I have no opinion until I know more of the facts,” said local attorney Skip Hickambottom. “The reason we need an IPA [Independent Police Auditor] is to bring clarity to tragic situations like this,” Hickambottom said. “[It is] irrelevant who hires the person or if that person has subpoena power.”