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Police Chief Disciplines Officer For Camera Violation in McClain Shooting

Published on Monday, November 14, 2022 | 4:36 pm
 

A Pasadena police officer who failed to turn on his body-worn camera at the beginning of a traffic stop that ended in a fatal officer-involved shooting has received his discipline from the police department. 

“After careful review of the IA [Internal Affairs]  investigation, and supporting facts from the Use of Force Administrative Review that was found to be within Policy, I have decided to sustain discipline as: Allegation #1; Violating Policy 450.6- Activation of the Body Worn Camera: Written Reprimand and enrollment in the Axon Academy,” according to a document signed by Interim Police Chief Jason Clawson in a memo posted on the police department’s webpage. 

In that incident, officer Edwin Dumaguindin shot and killed Anthony McClain after McClain fled from police during the traffic stop. 

Dumaguindin did not activate his camera at the beginning of the traffic stop. 

Axon Academy is used to train officers in the use of the body-worn camera.

Police claim McClain was armed and his possession of a firearm prompted the shooting, but many local residents say they do not see a gun in the footage.

According to police, McClain’s DNA was on an unserialized ghost gun recovered at the scene.

In the district attorney’s report which cleared the officers of breaking the law, one photo shows McClain gripping what appears to be a gun in waistband. Some dispute that. The officers were also cleared in an administrative review of the shooting. However, in that review it was revealed an officer would face discipline for failing to activate his camera. 

McClain left his cell phone in the car according to the report. 

According to the report, Dumaguindin saw McClain’s gun and believed McClain was ready to fire the weapon.

“Officer Dumaguindin told investigators that, as they began running in the street, Dumaguindin saw McClain holding a black gun in his left hand. Dumaguindin said McClain was holding the handgun with a ‘master grip’ as if he was preparing to fire it,” according to the report. 

The administrative review does not determine if officers violated the law during the shooting. The probe only determines adherence to local police policy.

The Office of Independent Review will examine and recommend possible changes to police policy as part of an additional probe. 

Neither the City Manager or the City Council can impose disciplinary action or override the ruling made in the administrative review by interim Police Chief Jason Clawson. 

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