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Special Report

of the

Independent Monitor

for the

Oakland Police Department:Officer-Involved Shootings

Robert S. WarshawIndependent Monitor

Office of the Independent Monitor Police Performance Solutions, LLCP.O. Box 396, Dover, NH 03821-0396October 2, 2012

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Review of Oakland Police DepartmentOfficer-Involved Shooting Investigations and ReviewsIntroduction

On 31 May 2012, the Honorable Thelton E. Henderson issued an order in the case of DelphineAllen, et al. v. City of Oakland, et al., which read, in part:The Monitor has recently raised with the Court questions about how Defendantsinvestigate officer-involved shootings, up through and including the proceedingsof the Executive Force Review Board and subsequent deliberations by the Chief of Police and the City officials who supervise him. This is of utmost concern, asuses of force and the manner in which they are investigated are among the mostserious issues in this case, and officer-involved shootings, many of which result indeath, are the gravest possible uses of force. The Court hereby directs the Monitor to identify any systemic problems that exist in the process by which Defendantsevaluate such cases, as well as whether unique problems arose in any individualcase, and recommend solutions to those problems. This analysis shall be included in the Monitor’s next quarterly report. If the Monitor believes it is warranted, heshall also investigate, pursuant to the Court’s January 27, 2012 order, whether sanctions are appropriate in any cases of individual misconduct he might uncover.Pursuant to the Court’s order, we requested completed investigations, including the findings of the associated Executive Force Review Boards (EFRBs), for the

nine most recent

Level 1 Usesof Force, eight of which involved Oakland Police Department (OPD) officers dischargingfirearms. We analyzed the cases according to multiple criteria, including but not limited to:demographic information of involved officers and subjects; initial reasons for the encounter;weapons for both officers and subjects; presence of an imminent threat; nature of injuries, if any,to both officers and subjects; quality of forensic evidence; statements in conflict with other statements and/or physical evidence; use of boilerplate language; use of the preponderance of theevidence standard; findings of the Internal Affairs Division (IAD); findings of the EFRBs; and

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findings of the Chief of Police, who has the ultimate responsibility to make a determination inthese cases.In addition to the analysis of these completed investigations, we have had numerousconversations with OPD personnel on many of these specific cases, and on the topic of officer-involved shootings (OIS) in general. We are traditionally advised when an OIS occurs, and havefor some of these cases followed the progress of their investigation during and in between sitevisits. It is also our practice to attend any Force Review Boards (FRBs) and EFRBs whichcoincide with our regular on-site team inspections.In this report, we will provide an overall summary of the investigations reviewed; an overview of each specific case, including any perceived deficiencies or concerns; and a discussion of possiblesystemic issues we have identified from this review and our observations during the tenure of our engagement.

Summary of Investigations Reviewed

The nine investigations we reviewed fall into the following categories:

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Two (2) separate fatal OIS events resulting in a total of three deceased subjects.

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One (1) OIS event resulting in the subject receiving critical but not life threateninginjuries.

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Four (4) OIS events resulting in no injuries to the subjects because the officers thatdischarged their firearms missed their intended targets.

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One (1) OIS event involving the use of shotgun-deployed less lethal munitions,consisting of drag stabilized rounds or what is commonly referred to as bean bag rounds,resulting in the subject receiving non-life threatening injuries.

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One (1) non-OIS event involving an ASP expandable baton strike to the head. It isunknown if this use of force resulted in injuries as the subject fled the scene.