Sonoma County Grand Jury
• 2008-2009
• Agency Response
Response to:
Officer Involved Fatal-Incident
Stephan R. Passalacqua Sonoma County District Attorney*
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 3 findings
F1
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Each agency involved in the subject incidents The California Penal Code requires that a formal properly implemented the Protocol following the investigation of an officer-involved critical incident deaths of each party. be conducted to determine if a criminal violation has occurred. The Sonoma County Law Enforcement
Related Recommendations (1)
R1
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The District Attorney should make a realistic 4/22/2007 Suspect who was tasered preceding ing any involved party, including law enforcement assessment of his resources and ability to prepare arrest, fell and sustained a serious head injury. employees. However, the District Attorney routinely Reports as now mandated by the Protocol. If war- Consequential medical condition deteriorated provides Reports much later than existing policy ranted by that honest reflection, the District Attorney leading to death. requires. should pursue and effect an appropriate modification 5/4/2007 Armed felon shot and killed. to the Protocol. 6/17/2007 In-custody death at Main Adult Reason for Investigation Detention Facility. The Grand Jury reviews all Fatal Incident
F2
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In each of the incidents reviewed in this Chiefs Association Employee-Involved Fatal report (and in each of 5 other fatal incidents for Incident Protocol 93-1 (Protocol), establishes the which investigations have now been completed pur- countywide policy and procedures for prompt and suant to the Protocol), the District Attorney's failed efficient investigation of officer-involved critical to prepare and provide a written summary within the incidents. sixty (60) days required by the Protocol. The time that it has taken to prepare the Reports has ranged AGRICULTURE The Protocol dictates that a task force consisting from seven to twenty months. MOUSTAY of the District Attorney, an outside law enforcement agency not involved in the incident, and the pri-
No recommendations for this finding
F3
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The District Attorney's conclusions that mary law enforcement agency involved in the inci- there was insufficient evidence of criminal liability dent conduct the criminal investigation. Once the in each case was warranted. investigation is completed (a process that can take many months in complicated situations), the District Attorney, based on the evidence gathered in the P.O. Box 5109, Santa Rosa, CA 95402 • Tel 707-565-6330 • Fax 707-565-6328 • E-mail [email protected] • Web www.sonomagrandjury.org .
No recommendations for this finding
Conclusions 1
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CL1 Page 3of criminal liability and prepares a written District The 2008-2009 Sonoma County Civil Grand The Grand Jury believes that the Protocol sets Attorney's summary. This Report is required to be Jury reviewed four (4) Fatal-Incident Reports forth reasonable procedures and guidelines for prepared within sixty (60) days of receiving the (Reports) regarding officer-involved shootings Sonoma County law enforcement agencies to use in completed investigation. The Report details the evi- or employee-involved fatal incidents. Two of the the criminal investigation of fatal incidents involving dence, and cites the District Attorney's conclusions. incidents involved in-custody deaths, one incident law enforcement employees. The District Attorney It is provided to the Sonoma County Civil Grand involved use of a Taser by officers in making an has generally fulfilled his responsibilities under the Jury for an independent review. arrest, and one incident involved a paroled felon Protocol. However, the present Protocol, requiring who was killed after shooting a uniformed deputy at a written summary within sixty (60) days, has been Review of previous Sonoma County Grand Jury point-blank range. Each Report reflected a thorough routinely violated. The Grand Jury believes that the reports indicates that during at least the past seven and detailed investigation of the subject incident. public would be better served by the establishment years, concerns have been raised about the District The District Attorney concluded in each Report of a realistic deadline that the District Attorney's Attorney's lack of timely preparation of Reports. that the death was not by criminal act, unlawful act Office is able to meet, with limited and reasonable or an omission to act. The Grand Jury found that Investigative Procedures exceptions. all Reports were well documented and objective. The Grand Jury reviewed the following Based on the evidence provided, the Grand Jury
No Responses Found 2
Government entities assigned to respond to this report. No response documents have been linked in our database.
Sonoma County Board of Supervisors
Elected County Office
Sonoma County District Attorney
Elected County Office
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.