Heavily-Redacted OIR Report on McDade Shooting ‘Sickens’ Victim’s Mother
The OIR Report Is Even More Damning to Pasadena PD Than Expected, Says Anya Slaughter
By Terry Miller
The long-awaited OIR Report to the City of Pasadena concerning the officer-involved shooting of Kendrec McDade has finally been released, albeit heavily redacted. The investigation led by Michael Gennaco and Robert Miller is now available on the city website as well as www.pasadenaindependent.com.
One of the first observations in the report is as follows:
“Officers Griffin and Newlen were provided access to video and audio prior to being interviewed denying PPD’s ability to obtain a pure statement of the officers’ observations.”
The city sent out a press release saying, “Additional court proceedings regarding the OIR report are scheduled and the City expects to be able to release a copy of the report with fewer redactions. The next court hearing is scheduled for Dec. 1, 2015, at which time the City anticipates the Court will issue further direction in the case.”
redacted OIR Report approved for release in November 2014
Anya Slaughter, Kendrec McDade’s mother, issued through her attorneys Wednesday the following statement about the Office of Independent Review Group’s (“OIR”) Report released Tuesday afternoon concerning the Pasadena Police Department’s shooting of her unarmed son:
“The OIR Report is even more damning to the Pasadena PD than I expected – and we still have more disclosures coming out December 1. I am staggered by the amount of new and damaging information in the OIR Report about the reckless conduct of Officers Griffin and Newlen, the failure of the PD to even conduct an administrative investigation, and the failure of the PD to cooperate with the OIR Group.
“What I find most disturbing about the OIR Report is that the Pasadena PD never even asked Officers Griffin and Newlen and never even asked witnesses so many questions, even after the OIR Group urged them that they should do so.
“Officers Griffin and Newlen never radioed in any statement that they believed Kendrec was armed when they were chasing him. When Officer Griffin was asked at the shooting scene whether Kendrec needed to be searched for a weapon, he said there was no gun despite not having searched Kendrec for it – suggesting he had no belief that Kendrec was armed. When Officers Griffin and Newlen were interviewed 36 hours after they shot and killed Kendrec, they came up with the questionable story justifying their supposed belief that Kendrec had a gun that he ran for two blocks holding his waistband with his right hand – a story they did not tell when they were interviewed right after the shooting. The OIR Report repeatedly shows the Pasadena PD willfully avoided the truth about whether that story by the Officers was an after-the-fact falsehood to justify their killing Kendrec or was a truthful report, including the following:
. The PD made “a conscious decision not to explore [the] mindsets” of the Officers. (OIR Report p. 27)
. At least two witnesses who may have observed Kendrec running were never asked whether they observed him holding his waistband. (OIR Report pp. 21-23)
. The PD never conducted an administrative investigation in which the Officers could have been asked about their story that Kendrec ran two blocks holding his waistband and witnesses could have been asked what they observed; rather, the PD only conducted an “administrative review” that involved no independent investigation. (OIR Report p. 23. p. 30)
. The PD refused to permit the OIR Group to participate in the administrative review despite the City’s contract with the OIR Group providing that they must attend it – a review in which the OIR Group would have questioned why the Officers and witnesses had not been asked appropriate questions. This caused the OIR to “have trouble addressing issues like the officers’ mindset” during their shooting of Kendrec. (OIR Report pp. 28-30)
. When the OIR Group, after reviewing the PD’s Administrative Memorandum on its administrative review, urged the PD that it should re-interview the Officers and ask the witnesses appropriate questions, the PD refused. (OIR Report p. 3, pp. 26-27)
“Once again, I am sickened by what I learn. I have been searching for the truth about why Kendrec was killed. No other conclusion can be draw from the OIR Report other than that the Pasadena PD has blocked the search for truth because the truth will damn them.”
“We are pleased with Judge Chalfant’s confirmation that the City can provide the public with this version of the OIR report, which is consistent with the City’s position that we need to be transparent by releasing as much as legally possible so that the community has the opportunity to read the report,” Pasadena Mayor Terry Tornek said.
The report is posted online for the public at www.cityofpasadena.net/OIRreport.
In 2014, the City had planned to release a redacted version of the OIR report, redacting portions involving confidential police personnel records. The City was prevented from doing so after litigation was filed by the Pasadena Police Officers Association. The association sought to prevent the entire report from being released. Other parties joined the lawsuit seeking full disclosure while the City continued to seek release of a redacted version.
The matter ultimately went to California’s Court of Appeal, which affirmed the City’s ability to release a redacted version of the OIR report, before returning the case to the Superior Court. The Court of Appeal confirmed that a less-redacted version should be released following additional proceedings by the Superior Court scheduled in December.
McDade, then 19, was fatally shot by Pasadena police officers responding to a 911 emergency caller who falsely claimed McDade committed an armed robbery. McDade, whom officers later learned was unarmed, died at the scene. The officers involved in the shooting were cleared of any wrongdoing by the Los Angeles County District Attorney’s Office and an internal review by the Pasadena Police Department. The FBI also found no civil rights violations occurred.
