INTRADEPARTMENTAL CORRESPONDENCE April 10, 2019 3.2 TO: The Honorable Board of Police Commissioners FROM: Chief of Police SUBJECT: OFFICER INVOLVED SHOOTING FID NO. 040-18 Honorable Members: ‘The following is my review, analysis and findings for Officer Involved Shooting (OIS), Force Investigation Division (FID) No. 040-18. A Use of Force Review Board (UOFRB) was convened on this matter on March 27, 2019. In this case, the recommended findings were not unanimous, with a minority opinion rendered regarding the Lethal Use of Force finding for Officer jj NEI. Serial No. (J Van Nuys Patrol Division. Ihave carefully weighed each opinion, considered the case in its entirety and adopted the recommendations from the minority opinion regarding Officer NNN. I hereby submit my findings in accordance with Police Commission policy. SUMMARY] ‘On June 16, 2018, at approximately 1311 hours, Officers (IEE) ond | SEEN. Serial ‘No. BBB Van Nuys Patrol Division, were in full uniform and driving a marked black and white police vehicle. The officers received a radio call of an Ambulance Cutting at [MM Tyrone Avenue, The comments of the call described the suspect as a male, Hispanic wearing a burgundy shirt, green camo shorts, still at the location (AdditionaV/Equipment ~ Body Worn ‘Video (BWV) Activation/ Edged Weapons Dispatch Protocol/Required Equipment). Note: Officer IEEE was a probationary officer at the time of the incident, with approximately two months in the field, According to Officer [IEEE this was their second ‘week working together. The officers discussed Department policy relating to use of force and the use of deadly force, drawing and exhibiting, and contact and cover. While the officers were enroute to the location, Communications Division (CD) broadcast the following additional information, “Additional on your ambulance cutting. Suspect is a male Hispanic, 30 years, he stabbed his ex-girlftiend, Suspect is now armed with a chair and still armed with a large knife.” |‘The Honorable Board of Police Commissioners Page 2 32 Note: The investigation revealed that witness INN telephoned 911 and generated the call for service. According to (NMI, Ml observed a male, later identified as G. Perez, armed with a knife, and a | later determined to be TN with blood all over Hi face. Surveillance camera video from the Hope of the Valley Homeless Outreach Center captured Perez grab his (NINN and place a knife against [ij throat. Several bystanders in the area intervened! and used folding chairs to physically struggle with [BML which resulted in the (IEEE) being moved safely away from IN Officers fj MEINE. Serial No. (I) und (EI, Serial Nol Van Nuys Patrol Division, ‘were in full uniform and driving marked black and white police vehicles. The officers, along with an air ship from Air Support Division, responded to the radio call. Note: Officer [II was a probationary officer at the time of the incident, with ‘approximately six months in the field. Officer [JINN had completed the Structured phase of his probationary period and was permitted to work with tenured police officers. According to Officer ZBI. this was their first time working together. The officers discussed tactics including their tactical plan, contact and cover, and lethal and less-lethal force, According to Officers [INI and [NNMM. they noted that they were near the location of the radio call and advised CD they were responding. According to Police Officer {ij [EINEM Serial No. (INI, Van Nuys Patrol Division, [MJ noted fl had a close ETA [estimated time of arrival] to the location of the radio call. Officer followed a police unit which was in front of [iil later determined to be Officers [NINN and HB, t0 the location of the radio call. “The air unit arrived at the location first and located Perez. The air unit broadcast, “He's [suspect’s] going to be on the west side of the church. He looks like he still has something in his hand. Ihave units [referring to Officers [I IEEE and [NEE about to go Code-Six on him now.” Note: The property at [| Tyrone Avenue consisted of three structures; the Hope of the Valley Computer Leaming Center on the northwest area of the property, llope of the Valley Rescue Mission immediately south of the learning center, and the Central Lutheran Church on the southeast area of the property. A paved driveway ran north-south and accessed Victory Boulevard. The driveway also separated the Hope of the Valley Rescue Mission from the Central Lutheran Church. To the west of the driveway was a large lawn with several mature trees. According to Officer [IIE as [J drove west on Victory Boulevard approaching Tyrone ‘Avenue, [il observed individuals out front frantically waving them down and pointing inside the location, effectively \zuiding the officers into the driveway entrance on Victory Boulevard. As soon as Officer [lll Air she driveway and pulled in, Mj observed Perez armed with a knife in hisThe Honorable Board of Police Commissioners Page 3 3.2 right hand and a wooden chair in his left hand. Officer [Jil described the knife as a breadknife with a serrated blade that measured approximately 10 to 12 inches long. Officer I estimated [ff stopped the police vehicle approximately 25 10 30 feet south of Perez. Note: The investigation revealed Officer [INMIIBI stopped the police vehicle approximately 65 feet south of Perez According to Officer EZE@], Perez was walking back and forth, and appeared to be yelling and talking to himself. As they approached, Officer E&I saw people frantically running away from Perez. Officer [BM exited the police vehicle, d service pistol and established a posit behind [fl open driver’s side door. Officer [Ill repeatedly ordered Perez to drop the knife (Drawing/Exhibiting), Note: A review of the Van Nuys Area base frequency captured the air unit broadcast, “Make ita back-up, suspect still has a knife in his hand and a skateboard [folding chair]. Have units respond off of Victory only. If I could get one unit to Tyrone and one north of Victory at Gilmore and hold in case the suspect runs.” According to Officer IIE upon arrival, as soon as [J advised CD they were Code-Six, Officer HEIR directed [J to deploy the beanbag shotgun. Officer {Il exited the police vehicle and started giving commands to Perez. Clear that [fj role was the /ess-lethal officer, Officer [EE retrieved the beanbag shotgun from the center console area of the police vehicle, exited and chambered a beanbag sock round into the beanbag shotgun MM then closed the front passenger door and walked forward. Officer IEEE advised Officer “Get behind cover!” (Debriefing Point No. 1 and Additional Tactical Debrief Topies — Situational Awareness) Note: A review of Officer [EEE BWV captured him walking north beyond the front bumper of their police vehicle and Ofticer [MMIII yelling, “Keep cover.” Officer [MJ then redeployed rearward next to the front passenger quarter panel of [ll police vehicle. According to Officer [NIM Perez ignored lJ commands to drop the knife and kept closing the distance toward [Mj and Otticer IMJ. Ai that point, Officer noticed Officer had broken from cover, In response to Officer movement, Officer [INEM redeployed to the front of [lJ open driver’s side door because [fl] was not going to leave Officer IM out there (Debriefing Point No. 1). Note: A review of Officer IEEE BWV captured Officer EJ ordering Perez to drop the knife. Perez, on several occasions, immediately responded, “Nope,” in response to Officer HB commands, A review of the Van Nuys area base frequency captured Officer [NINN broadcast a back-up request. According to Officer arrived simultaneously with Officers INN enc! [I and pulled in right behind them. [jjjretrieved [J beanbag shotgun, chambered a beanbag sock round