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Police ‘Finalizing’ Administrative Review in McClain Shooting

Published on Tuesday, October 4, 2022 | 4:57 pm
 
Anthony McClain was shot and killed by Pasadena police during a traffic stop in August 2020.

According to City Manager Miguel Márquez the administrative review into the officer-involved shooting of Anthony McClain is being finalized.

McClain was shot and killed by a Pasadena police officer during a traffic stop on Raymond Avenue two years ago. 

“It is a matter of weeks and not months and I have yet to receive the administrative report,” Marquez told the City Council.

Marquez said he looked forward to receiving that report.

McClain was a passenger in a car that was pulled over for lack of a front license plate. He fled shortly after being asked to step out of the vehicle.

Officers later found a weapon at the site with McClain’s DNA on it, police said. Local activists, that were not on the scene at the time of the shooting, say McClain was unarmed.

Earlier this year, District Attorney George Gascón cleared Pasadena Police Officer Edwin Dumaguindin of violating the law in the incident.

According to the DA’s report “there is insufficient evidence to prove beyond a reasonable doubt that Officer Dumaguindin did not act in lawful self-defense.”

The administrative review will be used to determine if the police officers violated policy. It does not determine criminality in the event.

“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.”

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.”

The report cited Tennessee vs. Garner. In that case, the Supreme Court upheld a lower court’s ruling 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 city reached a $7.5 million settlement with McClain’s family.

The Office of Independent Review will also be producing a report, according to City Attorney Michelle Beal Bagneris. Bagneris said she did not know the timing of the report. 

The report will be done following the conclusion of the administrative review.

It is not known if the report or a summary of the report will be released publicly due to personnel issues involved in the investigation. 

It is illegal to reveal personnel records to the public.

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