Civil Grand Jury Case No. 10-09c

Published: May 13, 2009 4 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 5 findings

The Civil Grand Jury finds that the arresting officer and supervisor followed departmental procedures.

Related Recommendations (1)

The Civil Grand Jury recommends that the Chief of Police of Oakdale initiate improved communication and leadership within the police department.

The Civil Grand Jury finds that the Oakdale Police Department mishandled the case investigated in this complaint by focusing on the adult in an apparent attempt to reduce or counteract his crime while ignoring the plight of the juvenile.

Related Recommendations (1)

The Civil Grand Jury recommends that the Chief of Police follow the practice of unbiased and fair law enforcement.

The Civil Grand Jury finds that the Chief of Police failed to enforce the law equally for the two suspects and for the best interests of the residents of the City of Oakdale.

Related Recommendations (1)

The Civil Grand Jury recommends that the Chief of Police withdraw the verbal “standing order” mandating that officers receive departmental and administrative approval prior to arresting suspects up to nineteen years of age on explosives charges.

The Civil Grand Jury finds that on May 13, 2009, the Chief of Police issued and implemented a highly unusual verbal “standing order,” also known as a departmental verbal policy. This standing order mandates that officers receive departmental and administrative approval prior to arresting suspects up to nineteen years of age on explosives charges.

No recommendations for this finding

The Civil Grand Jury finds that the Chief of Police demonstrated poor leadership in the handling of this case by being influenced by another police chief and by failing to follow through to make sure both suspects were treated equally under the law. California Penal Code Section 12303.2. LawOfficer.com

No recommendations for this finding

Agency Responses 2

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Grand Jury response to City of Oakdale's

May 13, 2009 • 4 pages • 7 responses • Score: -4 (+0, 0, -4) View Details ▾

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7 responses to findings and recommendations

The Civil Grand Jury recommends that the Chief of Police of Oakdale initiate improved communication and leadership within the police department.

Response: Unknown

Score: 0

The Chief of Police is committed to continuing to enhance communication and leadership within the Oakdale Police Department. As recently as August, 2009, the Chief organized a three-day management retreat that was facilitated by a professional consultant. The consultant was one of several firms that had been recommended by the State of California, Commission on Peace Officers Standards and Training. The Chief and his managers and supervisors were active participants at the retreat. At the recommendation of the consultant, the City Manager attended an afternoon session to further enhance commun...

Response: Disagree Score: -1

There is no evidence to support a finding that the Oakdale Police Department mishandled the case against either offender. The Oakdale Police Department's investigation was submitted to the Stanislaus County District Attorney's Office and the Stanislaus County Probation Department, as is common practice in law enforcement. The District Attorney's Office noted a lack of evidence against the 18-year-old offender and did not file criminal charges. The District Attorney's Office (Juvenile Division) dismissed charges against the juvenile offender and closed the case against him for reasons undisclos...

The Civil Grand Jury recommends that the Chief of Police follow the practice of unbiased and fair law enforcement.

Response: Unknown

Score: 0

The City of Oakdale disagrees with this recommendation because there is nothing in the facts presented in the grand jury report to suggest that Chief West was biased or unfair to either offender in this case. Throughout his 36-year career, Chief West has always followed the practice of unbiased and fair law enforcement. Civil Grand Jury response to OPD's response: The handling of the case and the facts presented in the grand jury report indicate the appearance that the two suspects were not treated fairly. A felony was committed, and the lack of evidence presented to the District Attorney's Of...

The Civil Grand Jury finds that the Chief of Police failed to enforce the law equally for the two suspects and for the best interests of the residents of the City of Oakdale.

Response: Disagree Score: -1

There is no evidence to support this finding. Chief West was not involved in the arrest of either offender. He first learned of the crime on Monday, May 4, 2009, three days after the arrest of the offenders, when he received an e-mail inquiry from Ceres Police Chief Art DeWerk. At the time, he was out of town attending a conference. DeWerk expressed concerns in his e-mail that Oakdale officers arrested and charged two boys with a felony for what he described as a harmless juvenile prank. At the time, Chief West telephoned Lieutenant Gladney to inquire about the case. Gladney informed West that...

Response: Unknown

Score: 0

The City disagrees with this recommendation because no such verbal standing order exists. However, Chief West will issue a written directive reiterating that departmental and administrative approval is not required prior to arresting offenders. However, the directive will remind the lieutenant, sergeants, and watch commanders of the requirement that they notify Chief West of any serious or unusual law enforcement-related event occurring in the City. It is also his intent to continue to provide direction and guidance to his employees. If he determines that their actions are inappropriate or cou...

Response: Disagree Score: -1

The City disagrees with this finding. Chief West does not have a "departmental verbal policy" mandating that officers receive departmental and administrative approval prior to making any arrest. However, he has had a longstanding practice of requiring the lieutenants, sergeants, or watch commanders to notify him of major crimes and unusual occurrences that come to their attention. This bomb incident was an unusual case. West's practice of requiring notification allows him the opportunity to provide direction and guidance to his staff regarding the handling of critical incidents. Civil Grand Ju...

Response: Disagree Score: -1

The City disagrees with this finding because Chief DeWerk's e-mail did not influence Chief West to make the inquiry anymore than any other e-mail or phone call from a citizen would have influenced him. After Lieutenant Gladney provided him with the facts of the case, he agreed with DeWerk that the facts did not support a felony charge under the specified Penal Code 2010-2011 Stanislaus County Civil Grand Jury's Response to the City of Oakdale Response 2 section. At West's direction, Gladney placed calls to the District Attorney's Office and the Probation Department expressing concerns that th...

Response from City of Oakdale

August 12, 2010 • 3 pages View Details ▾

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