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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Tulare County Grand Jury • 2009-2010

Lack of Common Sense or Negligence?

3 pages
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Findings 15 findings

F1
On January 16, 2009, ten sworn police officers from the Woodlake Police Department were scheduled for quarterly qualifications at the Exeter gun range (Range). The training was sched- uled to commence at 11:30 AM and end at 5:00 PM.
F2
On the date of training the officers were required to bring all of their department issued firearms and equipment to the range.
F3
The shooting scenarios were set up by the Woodlake Police Department’s Range Master on January 16, 2009, at approximately 9:30 AM for the training.
F4
The shooting scenarios were teams of two officers shooting at the same time, one from a kneeling or squatting position using their handgun and the other officer from a standing position using a rifle.
F5
There were more officers shooting at the Range than those scheduled for training that day. at 5:00 PM.
F6
Some of the duties of a Range Master include the following: a. Plan, schedule and conduct firearms training activities. b. Firearms instructor training. c. Qualifications and weapons maintenance. d. Train officers in gun use and safety. e. Provide firearms qualification testing.
F7
The Range sits at a higher elevation than nearby orchards. Adjacent to the west-side of the Range is the Friant- Kern Canal with residential homes on the opposite side, within half a mile of the Range.
F8
The Range was built with a cement pad that is 50 feet wide by 150 feet in length, which contains several shooting lanes with markings to identify the distance of the lanes.
F9
The lanes run from southwest to northeast, with a dirt berm directly northeast of the shooting lanes that is used as a buffer to keep the bullets from exiting the Range. There are two lower wing berms that taper down from the main berm on each side.
F10
Law enforcement firearm safety rules include the following: a. Always keep your firearm pointed in a safe direction, b. Always be certain that your target and the surrounding area are safe before firing.
F11
There were no safety rules posted at the Range.
F12
Evidence revealed that some of the targets were set up in such a manner that shooting at them from a kneeling position may have caused the bullets to go over the lower dirt berm in the direction of the nearby populated areas.
F13
It was reported in local newspaper that aside from the victim who was shot on that day, another individual heard bullets passing near them during the time frame the Range was being used by the Woodlake Police Department.
F14
The Woodlake Police Chief refused to provide documents requested by the Tulare County Sheriff’s investigation team regarding the January 16, 2009 shooting at the Range.
F15
Penal Code section 246.3 entitled, Discharge of Firearm or BB Device in Grossly Negligent Manner That Could Result in Injury or Death of Person reads in part as follows: “ (a) Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.”

Recommendations 4