Request #20-3995
  Open

RE: LAPD Request for Public Records

To Whom It May Concern:

Under the California Public Records Act § 6250 et seq., I'm requesting the following:

  • All investigative materials, including written reports, audio, video, disposition and all other materials for all LAPD police shootings between April 29 and May 4, 1992. 

f there are any fees for searching or copying these records, please inform me if the cost will exceed $10. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding. I am a representative of the news media and my request is related to news-gathering purposes. This information is not being sought for commercial purposes.

The California Public Records Act requires a response within ten business days. If access to the records I am requesting will take longer, please contact me with information about when I might expect copies of the requested records. If the information can be released immediately, please do so.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Sincerely:

Annie Gilbertson

 

 


Received

June 22, 2020 via web


Departments

Police Department (LAPD)

Documents

Public

(loading...)

Staff

Point of Contact

LAPD Analyst Jackie N3375

External Message   Hide Public

Dear Requester:

 

Please clarify by responding to this email if your request includes discipline on any police shootings we identify. 

 

"All investigative materials, including written reports, audio, video, disposition and all other materials for all LAPD police shootings between April 29 and May 4, 1992."  

 

Respectfully,

LAPD Legal Affairs Division, CPRA Unit

October 19, 2020, 2:21pm by LAPD Analyst Jackie N3375 (Staff)
Due Date Changed Public
10/08/2021 (was 10/09/2020). Continuing search. Add'l time needed due to age of records.
October 15, 2020, 9:39am
Due Date Changed Public
10/09/2020 (was 07/16/2020).
June 29, 2020, 3:42pm
External Message   Hide Public

Dear Requester:

 

I have reviewed your request to the Los Angeles Police Department (“LAPD” or “Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “CPRA” or “Act”) seeking officer involved shooting records for the period of April 29, 1992, through May 4, 1992, pursuant to Penal Code Section 832.7 (as amended by SB1421 effective January 1, 2019).  

 

The Department is cognizant of its responsibilities under the CPRA.  It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government.  The Act does not mandate disclosure of all documents within the government’s possession.  Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1.  The law also allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

The Department also recognizes that Penal Code Section 832.7 – which generally makes all peace officer personnel records confidential and undisclosable – was amended on January 1, 2019, by Senate Bill 1421 to create an exception from that general confidentiality requirement for the following four categories of officer personnel and investigatory records:  records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting; (ii) an incident involving the use of force by an officer resulting in death or great bodily injury; (iii) an incident involving a sustained finding of sexual assault by an officer involving a member of the public; and (iv) an incident involving a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or of the investigation of misconduct by another officer.  Pen. Code § 832.7(b)(1)(A)-(C).

 

The Department has conducted a search and has identified disclosable records responsive to your request, pursuant to Penal Code § 832.7(b)(1):

 

F037-92, OIS, 04/29/1992, Officer Wehage, L. Serial No. 20891

F037-92, OIS, 04/29/1992, Officer Reyes, D. Serial No. 25009

F037-92, OIS, 04/29/1992, Officer Wachter, S. Serial No. 25082

F049-92, OIS, 04/29/1992, Officer Alviani, J. Serial No. 25164

F049-92, OIS, 04/29/1992, Officer Alley, J. Serial No. 26435

F043-92, OIS, 04/30/1992, Officer Bergstrom, D. Serial No. 23409

F043-92, OIS, 04/30/1992, Officer Shafia, J. Serial No. 23584

F045-92, OIS, 05/01/1992, Officer Salazar, R. Serial No. 16458

F047-92, OIS, 05/01/1992,  Officer Grein, A. Serial No. 25963

F047-92, OIS, 05/01/1992, Officer Liddy, B. Serial No. 27315

 

Please note that, pursuant to Penal Code Section 832.7(b)(5), the Department is required to redact disclosable records for several enumerated purposes, including to remove personal data or information; to protect the anonymity of complainants and witnesses; to protect confidential medical, financial, or other similar information; and where disclosure of the record would pose a significant danger to the physical safety of the subject officer or other persons. 

 

At this time, the Department is still in the process of identifying all possible records responsive to your request.  However, older records are not scanned in electronic format and require a manual search and will take time. We are currently unable to provide you with an estimated date records responsive to your request will be available.  However, we will continue to provide you updates on any future developments regarding your request, including when the records are available.  Thank you again for your patience and understanding. 

 

We also invite you to visit our SB1421 web page, where you will find similar requested records related to officer involved shootings, uses of force with great bodily injury, sustained complaints of sexual assault, and sustained complaints of dishonesty published on our web page.  The Department uploads documents on a weekly basis when documents become available.  Please see link below.

 

http://www.lapdonline.org/lapdsb1421

 

If you have any questions or concerns, please reply to this email.

 

Respectfully,

 

LAPD Legal Affairs Division CPRA Unit

June 29, 2020, 3:37pm by LAPD Analyst Jackie N3375 (Staff)
Request Published Public
June 29, 2020, 2:14pm
Due Date Changed Public
07/16/2020 (was 07/02/2020).
June 29, 2020, 11:03am
Department Assignment Public
Police Department (LAPD)
June 22, 2020, 5:19pm
Request Opened Public
Request received via web
June 22, 2020, 5:19pm