i..AW OFF ICES OF
VASTANO & ANGARELLA
A L AW PART N ERSM I P
12.121 Wli..St-ltPE BOULEVA ,.O, SUITE: 1103
LOS ANGELES, CA!.lPORNTA 9002 5
T C LEPHONC 12 13 1 207 ooee
April 3, 1991
Warren Christopher, Esq.
O'MELVENY & MEYERS
400 South Hope Street
Los Angeles, California 90071
RE: Panduro vs. Los Angeles Police Department , et. al.
LASC Case No. BC009812
Dear Mr . Christopher:
R~C£/\l~o
APR 4 1991
We,
" · s 0FFJC£
Congratulations on your appointment by Mayor Tom Bradley as
Chairman of the Commission to investigate the operation and
structure of the L.A.P.D . I understand that you will be looking
into the officer training procedures. In that regard, I woul d
like to bring to your attention the above referenced case against
the L . A.P.D. This is a case where a rookie L.A . P . D. officer,
approximately six months out of the academy and one half wa y
through her probationary period, without any justification or
necessity whatsoever , shot three times and killed Leon Panduro
who was a college honor student who had excelled in both
academics and a thletics .
In the civil action, the L.A.P.D. has been reluctant to turn over
any documents. They have refused to turn over the Officer
Involved Shooting Report and the Shooting Review Board Report.
We are currently in the process of obtaining a court order to
s e cure the production of these documents . However, we h a v e
recently received a report by Chief of Police, Daryl Gates, to
the Board of Police Commissioners regarding this shooting. I a m
enclosing a copy for your review. As you will note, officers
Browne and Ortiz ' conduct was found to be " out of policy'' and
"improper and serious enough to require administrative
disapproval. " However, no changes were recommended to the
department standards.
As indicated above, the officer who shot Le on Panduro was a
rookie officer, approximately six months out of the academy. As
you may expect, we have a very strong concern about the
L.A . P.D.'s training policies and procedures. Thus, on behalf o f
John and Marina Panduro, we request that your commission
investigate and evaluate the L.A.P.D. ' s training polices and
procedures so that absolutely senseless pol ice shootings like
Warren Christopher, Esq.
April 3, 1991
Page 2
this one may be avoided in the future and other families may not
have to experience the pain and grief being experienced by John
and Marina Panduro over the loss of their son.
We sincerely appreciate you looking into this matter. Should you
need any additional information, please do not hesitate to give
a call.
SVA:tb
Enclosure
cc: Mayor Tom Bradley
city Hall
Room 305
200 North Spring Street
Los Angeles, California 90012
, .
"
e
...
Jarruary 31, 1991
1.2
ro: Honorable Board of ~lice Ccmni.ssioners
FR:M: Orief of ~lice
OIS # 24-90
Honorable Members:
I have reviewed arrl adcpted the USe of Force Review Board Report for this
incident. I hereby sul:rnit my f irrlirgs in accordance with ~lice o:mnission
policy .
SlM9.RY
On March 2 , 1990, at ai::proximately 2240 hairs, Northeast Patrol Division,
uniformed Officers G. Browne #26537, arrl R. Ortiz #17522 , received a radio call
of a lcu:i radio at 2910 Rosanna street.
'!he officers resporrled to the location rut fam::i no evidence of a loud radio.
'Ibey drove past the location arrl saw eight to ten possible gan:;J nsnbers ~
in front of 2919 Rosanna street. Officer ortiz st:q:p:rl the police car to
investigate. '1he group began to slCMly disperse. Officer ortiz ~zed one
of the irrlividuals who ~ intoxicated, as a lcx::al gan:;J nember. Officers
ortiz arrl Browne exited the police car, taking their flashlights. '!he officers
did not take their batons with them.
Officer ortiz told Officer BrcMne to stay with the intoxicated suspect while h e
followed three suspects to the rear of 2919 Rosanna street. Officer Ortiz's
intention WciS to talk with the irrlividuals arrl evaluate their activities.
A male, subsequently identified as L. Parrluro, 18 years of age, exited the back
door of the residen:e arrl awroadled Officer Ortiz, highly agitated. He walked
past Officer ortiz stat.in;J, "Yru got to do sanet.hirg aba.It me officer." Officer
ortiz fonoed the q:>inion that the suspect was umer the influexre of drugs
an.1/or alccnol.
A secon:i· male, subsequently identified as F. Famirez, 26 years of age, exited
the hruse. Ramirez told Officer Ortiz that he wcW..d control Parduro.
He forcibly grabbed Parduro's arm arrl p.llled him away fran Officer Ortiz .
:
ficnorable Board of
Ft>lice Ccmni.ssioners
Page 2
1.2
Believi.rg the situation was un:ier control, Officer Ortiz prepared to leave the
location. As he did so, Panduro awroached him arrl suddenly grabbed the butt of
his holstered l!.1eaJ:X>n. SinultaneCA.lsly, Officer ortiz p.lShed Panduro away arrl
shooted, ''Hey, why are yoo. tryi.rg to take rirf gun?", to alert Officer Brc:Mne.
Parrluro readled for Officer ortiz's weapon a secarrl time arrl Officer ortiz
repelled his attenpt again. At that tine, Officer BrcM1e resporrled to the rear
of the location to assist her partner.
As Officer Bru.me awroac:hed, she saw six to nine suspects gathered aro..m:l
Officer ortiz. Ramirez was between Officer ortiz arrl Parrluro, attenpti.rg to
?J.,11 Parduro away fran the officer. Officer ortiz then told Officer Brc:Mne to
broadcast an officer needs help call.
Officer Browne ccrrplied. She also drew her weapon believi.rg that Parrluro had
gained possession of her partner's weapon.
Panduro tw:ned away fran Officer Ortiz arrl focused his attention toward Officer
Bro..lne. As Panduro approached Officer Btuwne, the officer ordered him to stop;
however, he failed to carply. D.Je to his irrational behavior, Officer Browne
opined that Panduro was possibly urrler the influence of narcotics. Officer
BI:"ame also noticed that he was unarmed.
When Panduro approadled to within five feet of Officer Brc:Mne, the officer m:JVed
backward. Panduro folla..ied the officer arrl 11'0de several attenpts to grab her .
NOI'E : Officer ortiz later state::i that he did not intervene or attenpt to
stop Pan:iuro because he did not want to place himself in Officer
Browne's shooti.rg backgrourrl.
Panduro suddenly ll.m3'ed at Officer Brame arrl. atterrpted to grab her weapon.
Officer Brc:Mne, believi.rg that Parrluro was abcut to overpow'er her arrl gain
possession of her~, fired two ra.D'rls at the suspect. Unaffected by the
shots, Panduro continued to advarre toward the officer.
Officer Browne continued to retreat as Parrluro l~ed at the officer's weapon a
secxmi time. Still believi.rg that if Paz:rluro gained possession of her weapon,
he would shoot either Officer ortiz or herself, Officer BrcM1e fired one nore
rourrl, her third, at the suspect. Panduro then fell to the grc:mrl, nortally
\or"aJirled.
Officer ortiz ordered the remain.in;J suspects into a kneeli.rg position. Upon the
arrival of a<Xlitional offioers, all of the in:iividuals we.re taken into o..istcdy.
Hororable Board of
Police Ccmni.ssioners
Page 3
1.2
FlND1N?S
After my personal review of the facts of this case arrl the Use of Force Review
Board's report for this iocident, my fin:iin:Js are as foll0¥1S:
Tactics - Administrative disai:proval, Officers Browne arrl Ortiz .
Orawiiq/E>dlibitirq/Holsterirg Weapon - o..rt of policy,
administrative d..isawroval, Officer Browne.
Use of Force - o..rt of policy, administrative d..isawroval, Officer
Browne.
I have reviewed this irx:ident arrl I am c::xn::erned aha.It the tactics in the
followin:j areas:
Upon st:.q:pirg at the location to corrluct their investigation, Off ioers Ortiz arrl
~ failed to obtain their basic safety equiprent. To canplicate the
situation, the officers separated.
Both officers placed themselves in tactically inferior positions for which they
were lD"lprepared. Upon seeirg the garXJ members gathered to;Jether, the officers
should have developed a plan for their ai:proadl. 'Ibey also should have
considered requestirq an additional unit to assist them before confrontin; the
suspects.
As the officers exited their car, they shalld have stayed together, properly
camunicated arrl worked as a team. '!his did nJt. ~. I am especially
critical of Officer Ortiz in this area. Officer Ortiz is a seasoned train.in;}
officer \rr'ho has beeri entrusted to teach new officers proper tactics. Officer e Ortiz failed to do this.
I f irrl the tactics of Officers BrONne arrl Ortiz to be inprqler arrl seria.is
~ to require administrative di.sawroval.
Policy: "An officer's decision to draw or exhibit a fi.reann shc:W.d be based
on the tactical situation arrl the officer's reasonable belief there
is a substantial risk that the situation may escalate to the point
\rr'here deadly force may be justified" (1/556.80) .
Officer Browne drew her weapon believirg that Pan:hiro had possibly OOtained her
partner's weapon: hcfwever, she admitted seeirg Pan:hiro \.ll1al:Jle:i. Once this fact
was determined, Officer Browne shrul.d have holstered her weapon. An officer
should de-escalate the reasonable arrl necessary ancunt of force as it d.i.rectly
pertains to the suspect' s action. Officer &uwne did nJt. do this.
ljqt}Orable Board of
Fulioe Ccmnissianers
Page 4
1.2
I firrl the drawin;J to be a.It. of policy, administrative d.isawroval.
tEE OP Fein:
Policy: "An officer is authorized the use of deadly force w'hen it
reasonably~ neo?SSary to protect himself or
others fran an imnedfate threat of death or serious
}Xx'lj ly injury' (1/556.40).
Officer Bra-me failed to use all of the alternatives available to her before
enploy~ the use of deadly force. Ad.1.i.tianally, she did J"X)t have sufficient
infonnation to believe that Parrluro presented the imrediate threat of death or
serious bcdily injw:y.
I firrl the use of force by Officer BrCMne to be rut of policy, administrative
ctisawroval.
Neither officer was injured.
'Ihe Coroner's office examined Parrluro's remains arrl ascribed the cause of death
to nultiple gunshot W'CAll"rls. 'Ihe trajectory of the \rrU.lI"rls was consistent with
the officer 's acxn.mt of this incident.
A toxicolcqical analysis perforrred on March 14, 1990, revealed no narcotics or
alcohol in Parrluro's blocxl.
Officer BrcMne was anred with a Depa.rtnent authorized, 9mn semi-autanatic
pistol, fully loaded with Depa.rt:Irent-atproved anv:m..m.ition. e SUspect Parrluro was unanned at the time of this incident.
Officers BrcMne arrl Ortiz were on-duty arrl wea.rirq bcxiy anror.
I do J"X)t reccmren::i any dla.n;Jes of Depart:rrent starrlards as a result of this
incident. 'Ihe fin::lings will be considered final unless J"X)tified within 15
days that the Board has requested further review of this matter.
Respectfully,