Warren Cbristopber
OWll
John A. Arguelles
VICE CJiAIR
MEMBERS
Roy A. Anderson
Willie R. Barnes
Prof. Leo F. Estrada
Mickey Kantor
Richard M. Mosk
INDEPENDENT COMMISSION
ON THE Los ANGELES POLICE DEPARTMENT
May 15, 1991
John W. Spiegel
GENERAL COUNSa
DEPUTY GENERAL COUN Slil.
Percy Anderson
Richard E. Drooyan
Gary A. Feess
Raymon d C. Fisher
Ernest J . Getto
Lawrence B. Gotlieb
Thomas E. Holliday
Andrea Sheridan Ordin
JobJl Brooks Slaughter
Robert E. Tranquada. M.D.
Barbara J. Kelley
Louise A. LaMotbe
Yolanda Orozco
Den.Dis M. Perluss
Gilbert T. Ray
EXEC\1J1VE DIRE.CTOll
Prof. Bryce Nelson
DlllECTOR FOR PRESS
INFORMATION
Steven V. Angarella, Esq.
1 2 121 Wilshire Boulevard, suite 1103
Los Angeles, California 90025
De ar Mr . Angarella:
John B. She rre ll
.Bri an A. Sun
On behalf of Warren Christo pher and the Indepe ndent
Commission on the Los Angeles Police De partment, I am writing
to tha nk you for your letter of April 3, 1991 .
With its very short deadline and heavy
r e sponsibilities , the Commission hopes that you will
understand that it is not p ossible to res pond in d e tail t o
y o ur l e tter. However, your letter h as been r ead and will be
ma de a part o f the Comm ission files for further r e view by the
Commissioners and s taff.
GTR
We a gain thank you for writing.
Very truly yours ,
~~7
Gilbert T. Ray
Executive Director
Suite 1910 400 South Hope Street Lo s Angeles, California 90071-2899 Telephone (213) 622-5205 Facsimile (213) 622-73 18
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L.AW OFrlCE:S OF"
VASTANO & ANGARELLA
A LAW PARTNERSH I P
12 12 1 W l\.SH I AC BOU \.CV AAO, S UITE 1103
LOS ANGELES, CALIP'ORNlA 90025
TC \.CPHONE C2 13 1 2 0 1 - ooee
April 3, 1991
Warren Christ opher , 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:
li£C£Jy£O
APR 4 7997
W....c. ·~ 0.FFJc£
Congratulations on your appointment by Mayor Tom Bradley as
Chairman of the Com.mission 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 would
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 way
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 athletics.
In the civil action, the L . A. P.D . has been reluctant to turn over
any documents . They have refused t o turn over the Officer
Involved Shooting Report and the Shooting Review Board Report.
We are currently i n the process of obtaining a court order to
secure the production of these documents. However, we have
recently received a report by Chief of Pol ice, Daryl Gates, to
the Board of Police Commissioners regarding this shooting. I am
enclosing a copy for your review. As you will note, officers
Browne and Ortiz' conduct was found t o be " out of pol icy" 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 Leon 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 of
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 police shootings like
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Warren Christopher , Esq .
Apri l 3, 1991
Page 2
this one may be avoided in the future and other families may not
have to experience t he pain and grief being experienced by John
and Marina Panduro over the l oss of their son .
We sincerely appreciate you l ooking into t his 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
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Jarruary 31, 1991
1.2
'10: Honorable Board of ~lice Q:mnjssioners
FR:M: Oli.ef of ~lice
OIS # 24-90
Horx:>rable Members:
I have reviewed arrl adcpted the U5e of Force Review Board Report for this
incident. I hereby sul:ltlit my f irdirgs in accordan::e with ~lice canmission
policy.
~
On March 2, 1990, at awroximately 2240 hcurs, Northeast Patrol Division,
uniforne:l Officers G. Browne #26537, arrl R. Ortiz #17522, received a radio call
of a lcu:i radio at 2910 Rosanna street.
'lhe officers resporrled to the location b.rt. foorrl no evidence of a lcu:i radio.
'lhey drove past the location a.rd saw eight to ten IXlSSible gan; nembers st.ard.i.n:J
in front of 2919 Rosanna street. Officer ortiz stowed the police car to
investigate. 'lhe ~began to slCMly disperse. Officer ortiz ~zed one
of the in:lividuals who ~. intoxicated, as a local garq neirber. Officers
Ortiz arrl Bro.rme exited the police car, takin;1 their flashlights . 'Ille officers
did not take their batons with them.
Officer ortiz told Officer BrC1#ne to stay with the intoxicated suspect 'While he
fella.Ned three suspects to the rear of 2919 Rcsanna street. Officer Ortiz• s
intention was to talk with the in:lividuals arrl evaluate their activities.
A nale, subsequently identified as L. Panduro, 18 yea.rs of age, exited the back
door of the residerx::e arrl awroadle:i Officer Ortiz, highly agitated. He walked
past Officer Ortiz stati.rg, ''Ya.i got to do saneth.i.rg abc:-..rt: me officer. 11 Officer
Ortiz f orm:rl the ~inion that the suspect was urrler the influeoce of drugs
arrl,/or ala:hol.
A seaJrrl nale, subsequently identified as F. P.ami.rez, 26 years of age, exited
the ha.ise. Ramirez told Officer Ortiz that he wcW.d control Pan::iuro.
He forcibly grabbed Panduro's arm an::l p.tlled him away fran Officer Ortiz.
·Honorable Board of
Police O:mnissioners
Page 2
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Believirg the situatioo was \nrler' cc11tt-ol, Officer Ortiz prepared to leave the
location. As he did so, Parrluro awroached hiJn arrl SlXX3enly gral:i:led the butt of
his holstered weapon. Sinul taneo.lsly, Officer ortiz p.lShed Parrluro away arrl
shoUted, ''Hey, ~y are you tryirq to take J1tj CJWl?", to alert Officer BrcMne.
Parrluro readled for Officer Ortiz's weap:rl a secx::n::i ti.me arrl Officer Ortiz
repelled his attenpt again. At that time, Officer Brc1Wne resparrled to the rear
of the lc:x::atioo to assist her partner.
As Officer Brc1Wne awroadled, she saw six to nine suspects gathered arcurrl
Officer Ortiz. Ramirez was between Officer Ortiz arrl Pan:furo, attenptirg to
p.111 Pan:luro away fran the officer. Officer Ortiz then told Officer Brc"'1ne to
broadcast an officer needs help call.
Officer ~ ccrrplied. She also drew her -weap:>n believirg that Parrluro had
gained possession of her partner's "'1eap0n.
Parrlu.ro turned away fran Officer Ortiz arrl focused his attention tcMard Officer
Bro.ime. As Panduro approached Officer Bra..me, the officer ordered hi.In to stop;
however, he failed to c:x:rrply. D.le to his irrational behavior, Officer Bra.me
opined that Panduro was possibly un:Jer the influence of narcotics. Officer
Brc1.me also noticed that he was unanned.
When Parrluro awroached to within five feet of Officer Brc"'1ne, the officer noved
backward. Parrluro followed the officer arrl made several attenpts to grab her.
NOI'E: Officer Ortiz later stated that he did not intervene or atterrpt to
stq:> Parrluro because he did not want to place himself in Officer
Brc:1wne's shootirg backgram:l.
Parrluro strldenly lurged at Officer Browne arrl attenpted to grab her weai:x:>n .
Officer ~, believirg that Parrluro was aro.rt:. to OVerp:Mer her arrl gain
possession of her \lleapCl'l, fired two rtU"rls at the suspect. Unaffected by the
shots, Parrluro contirrued to advance to..rard the officer.
Officer ~ cx:>ntinued to retreat as Parrluro l~ed at the officer's weapon a
secon:i time. Still believirg that if Parrluro gained pcssession of her weapon,
he wc:W.d shoot either Officer ortiz or herself, Officer Browne fired one nore
ro..Irrl, her third, at the suspect. Parrluro then fell to the grourrl, m::>rtally
WCU'rled.
Officer Ortiz ordered the re.maini.rg suspects into a kneelirg p:lSi tian. Upon the
arrival of additional off ice.rs, all of the in::ti viduals were taken into o..istcx:1y.
· Fioti:>rable Board of
Police Ccmui.ssicners
Page 3
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YINPm:;s
After my perscnal review of the facts of this case arrl the Use of Force Review
Board's report for this in::ident., my fi.rrlirgs are as folla..15:
Tactics - Administrative djsar:proval, Officers B:r."UWne arrl Ortiz .
Drawirq/Exhibi tirq/Holsterirq Weapa1 - o.rt: of policy,
administrative disawrtMU., Officer B:r."UWne.
Use of Force - o.rt: of policy, admi.nistrative dJ.sar.proval, Officer
B:r."UWne.
I have reviewed this iocident arrl I am ~ al:x:ut the tactics in the
follc:M"in; areas:
Up:>n stowi.rg at the location to cx::irrluct their investigation, Officers Ortiz arrl
aro..me failed to OOtain their basic safety equipnent. To cx:riplicate the
situation, the officers separated.
Both officers placed themselves in tactically inferior positions for which they
were unprepared. Upon seein;1 the CJaN3 lT'pJ!"b:>rs gathe.re:l tcx;Jether, the officers
should have develc:p:d a plan for their awroach. 'llleY also shoold have
considered requesting an acklitianal tm.it to assist them before confrorrt:.in;1 the
suspects.
As the officers exited their car, they shculd have stayed tcx;Jether, properly
camunicated arrl worked as a team. 'Ilri.s did not~ · I am especially
critical of Officer Ortiz in this area. Officer Ortiz is a sea.saned trainirg
officer '#ho has beeri entrusted to teach new officers proper tactics. Officer
( Ortiz failed to do this.
I f irrl the tactics of Officers Brchme arrl Ortiz to be inproper arrl serioo.s
e.rx:ogh to require administrative disawroval.
Policy: "An officer's decisicn to draw or e><hibit a firearm shoold be base::l
on the tactical situatiai arrl t.he office.r's reascnable belief there
is a substantial risk that the situatiai may escalate to the point
where deadly force may be justified" (1/556.80).
Officer Bra.me drew her weapc:n believin;J that Parrluro had possibly c:bta.ined her
partner's weapon; hc:1«ever, she admitted seeirq Panduro tma.rmed. OD:e this fact
was determined, Officer Broorme shculd have holstered her r,,ieapon . An officer
should de-escalate the reascnable arrl necessary ano.mt of force as it directly
pertains to the suspect's action. Officer Browne did not do this.
~ . , ·ijOQOrable Board of
' • · ~ ~l ioe a:mni.ssi<XlerS
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I firrl the drawirg to be cut of policy, administrative dJ.sawroval.
tEE OF Frnc:E
Policy: "An officer is authorized the use of deadly force '#tlen it
reasonably awears necessary to protect himself or
others frcm an inm:rliate threat of death or sericus
txxH Jy injury' (l/556.40).
Offioer Browne failed to use all of the alternatives available to her before
ezrploy~ the use of deadly force. ld:liticnally, she did not have sufficient
information to believe that Pan:iuro presented the imrediate threat of death or
sericus bcx:lily injury.
I firrl the use of force by Officer Browne to be cm: of policy, administrative
ciisawroval.
Neither offioer was injured.
'lhe Coroner's office examined Panduro's remains arrl ascribed the cause of death
to JIUltiple gunshot wo..nrls. 'Ihe trajectory of the \olO..lrrls was consistent with
the officer's acx:::amt of this incident.
A toxicolcqical analysis perfonned on Mardl 14, 1990, revealed no narcotics or
alcrl'lol in Pan:hlro's blocxi .
Officer Bro..me was anned with a Department authorized, 9lTln semi-aut.cmatic
pistol, fully loade::l with Department-awrove:i anvm.mition.
SUspect Parduro was unannerl at the time of this incident.
Offioers Bra.me arrl Ortiz were on-duty arrl ~in3 bc:dy a.rnor.
~CN
I do not reccmnen:l a:rry c:han;1es of Department starrlards as a resu1 t of th.is
incident . 'Ihe fin:ii.rgs will be considered final unless notifie::l within 15
days that the Board has requested further review of th.is matter.
Respectfully,