District Attorney Will Not Charge Pasadena Police Officer Who Shot and Killed Anthony McClain

City officials confirmed Wednesday evening that Los Angeles County prosecutors will not charge the Pasadena police officer who shot and killed Anthony McClain as he fled from police two years ago.

According to the report from District Attorney George Gascón’s Justice System Integrity Unit, “there is insufficient evidence to prove beyond a reasonable doubt that Officer Dumaguindin did not act in lawful self-defense” at the time he fatally shot McClain during a traffic stop on Aug. 15, 2020.

Pasadena spokesperson Lisa Derderian said the City of Pasadena was notified of the DA’s conclusion Wednesday evening and “is reviewing the detailed analysis.”

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Read the McClain shooting report from District Attorney George Gascón’s Justice System Integrity Unit by clicking here

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McClain was shot and killed on North Raymond Avenue when he fled shortly after being asked to step out of the vehicle. 

“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.” 

Police officers on the scene said McClain was armed, but local activists say McClain did not have a weapon. An unserialized ghost gun with McClain’s DNA was recovered at the crime scene, according to police.

Officer Edwin 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.” 

In a tweet, Gascón said his office informed McClain’s family Wednesday that it would not prosecute the officer involved in the shooting.

“We know this is excruciating and that the families are understandably devastated. We also understand that the public has questions, but out of respect for the families, we wanted to meet with them first and give them time to process this difficult information.”

“We do want to be clear: the burden of proof for prosecution is high. Our decision does not mean that what happened is right,” Gascón tweeted.

The Supreme Court upheld a lower court’s ruling in Tennessee vs. Garner, which struck down a Tennessee statute that allowed police to use deadly force against a suspected felon fleeing arrest.

But the High Court reaffirmed a lower court’s ruling that police officers can use force to prevent an escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Both Dumaguindin and his partner have expressed the belief that McClain was armed. Under that belief, Dumaguindin could have perceived McClain as a significant threat.

AB 392 requires officers to de-escalate or use other tactics besides deadly force when it’s feasible to do so. 

The law does not define “feasible.” 

During City Council meetings, activists have repeatedly called on the city to fire the police officers involved in the incident.

Late month, city officials sent a letter to Gascon chiding him over the length of the investigation which has gone on longer than any other officer-involved shooting investigation in recent memory. 

“As you are aware, California laws in this area were designed to bring matters to a close in a timely manner, foster public trust, and improve public safety by avoiding officers working in the field for the weight of a pending investigation hung over their head,” the letter states. “When an OIS criminal investigation is prolonged, this contributes to concerns about a lack of law enforcement transparency, as well eroding the public’s trust and the legitimacy of JSID’s work in reviewing an OIS.”

The letter was drafted on Mayor Victor Gordo’s letterhead and signed by Gordo, Police Chief Cheryl Moody, City Manager Cynthia Kurtz and City Attorney/Prosecutor Michele Beal Bagneris. 

The shooting had a lasting impact on the city, increasing the call for police oversight which had already started after the George Floyd murder by police in Minneapolis.

But that group had no power in the city’s internal McClain investigation.

Police Chief John Perez left the city in January shortly after City Manager Steve Mermell resigned. Both men said the McClain incident was not the reason for their departure. 

The city reached a $7.5 million settlement with McClain’s family. 

In an information item last month the City Council discussed the police department’s OIS and critical incident policy.

The item was reviewed after activists continuously called on the City Council to order the City Manager to fire the police chief and  Dumaguindin.

The City Council cannot fire police officers or order the City Manager to do so.