Request #19-1
  Closed

Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), I ask to (inspect/obtain a copy of) the following, which I understand to be held by your agency:

 

  1. The names and reports of officers involved in police or deputy misconduct, soon to be made public as a result of SB 1421. We are seeking records that date back to Jan. 1, 2017 in our initial request. We would like a prompt return of these records, as required by law. Please include video related to the incident.

 

  1. As this process can be time-consuming, the second part of our request is asking for records going back to Jan. 1, 2014. We request that “Part 2” of our request be made public considering time restraints. Please include related video.

 

KTVU is asking for Part 1 of our request as soon as possible, which we are seeking before a release of Part 2, as we anticipate the latter request will take longer. We are filing this request in anticipation of SB 1421 becoming law on Jan. 1, 2019, when these records must become public. The 10-day period can start then.

 

We are seeking:

 

  • Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
  • Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury.
  • Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public
  • Records relating to an incident in which a sustained finding of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction of evidence or falsifying or concealing of evidence.

 

 

 

I ask for a determination on this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the record[s] in question.

If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested.

 

In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.

 

If I can provide any clarification that will help expedite your attention to my request, please contact me.

 

I would like this information sent to me electronically. Thank you for your time and attention to this matter.

 

Lisa Fernandez, KTVU

510-874-0139

 


Received

January 2, 2019 via web


Departments

Police Department


Requester

Lisa Fernandez

Documents

Public

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Staff

Point of Contact

Joni Brown

External Message   Hide Public

The City has released a video presentation, along with the raw footage, of the officer involved shooting that occurred on January 6, 2019.  The City has blurred portions of the video that are exempt from public disclosure on the basis of the privacy of the involved individual pursuant to Government Code section 6254(f)(4)(B).  You may access the materials here: 

bit.ly/criticalincident010619

August 16, 2019, 9:38am by Joni Brown, Administrative Analyst I (Staff)
Request Closed   Hide Public

You are receiving this message because you have requested (at least in part) available records from 2014 to the present now available under Penal Code section 832.7(b).  Today, we have released additional records related to this request.  Please visit the site below to review the memo and documents now available. 

All of the information can be accessed here:  http://www.cityofvallejo.net/cms/One.aspx?portalId=13506&pageId=15359557

June 27, 2019, 4:18pm by Joni Brown, Administrative Analyst I
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You are receiving this message because you have requested (at least in part) video footage related to the Officer Involved Shooting that occurred on February 13, 2018.

Today, the City has released an informational video, as well as the raw video, from the officer’s body-worn camera.

 

All of the information can be accessed here:  http://bit.ly/criticalincident021318

 

May 6, 2019, 3:15pm by Joni Brown, Administrative Analyst I (Staff)
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You are receiving this message because you have requested (at least in part) video footage related to the Officer Involved Shooting that occurred on February 9, 2019.

Today, the City has released an informational video, as well as the raw video, from the six officers involved body worn cameras.

 

All of the information can be accessed here:  http:bit.ly/CriticalIncident020919

 

 

Please note that we have withheld the portions of the video that depict Mr. McCoy’s body and the rendering of medical aid pursuant to Government Code 6255(a) and Penal Code section 832.7(b)(6).  This portion of the video does not further the public interest into the actions that led to the use of force, or the use of force itself and therefore the privacy of the decedent outweighs the public interest in those portions. 

 

.

March 29, 2019, 11:41am by Joni Brown, Administrative Analyst I (Staff)
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The City is continuing to diligently research its records to gather responsive documents and prepare them for production.  We are currently working on gathering, reviewing and redacting Officer Involved Shooting cases (Penal Code section 832.7(b)(1)(A)(i)) from 2014 – 2017. See the list of cases below.  This production will include all publicly available information under Penal Code section 832.7(b)(2).  We will also be gathering an inventory of electronic records associated with these files.   

 

Due to the voluminous records requested, the need for redactions under Penal Code section 832.7(b)(5)-(6), we estimate these items will be available by June 27, 2019.   

 

Once the case documents are complete, they will be publicly available on our website at http://www.cityofvallejo.net/cms/One.aspx?portalId=13506&pageId=15359557 and you will be notified as such.   

 

Case 

Incident Type 

Subject(s) 

Officer(s) 

14-03989 

Shooting 

Martinez, Ever Ramon 

Joe McCarthy 

Steve Darden 

14-08241 

Shooting 

Martin, Raephelle 

Joshua Coleman 

15-00088 

Shooting 

Hawthorne, Stacy 

Gary Jones 

15-02436 

Shooting 

Brown, Gerald 

Jarett Tonn 

Gary Jones 

15-03740 

Shooting 

Conley, Phillip 

Jason Bahou 

16-13829 

Shooting 

Aniglaje, Marcus /  

Collins, Troy 

Matt Komoda 

David McLaughlin 

16-13829 

Shooting 

Powell, Adam 

Joshua Coleman 

Mark Galios 

 

March 21, 2019, 8:01am by Joni Brown, Administrative Analyst I (Staff)
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The City has been diligently researching its records to gather responsive documents and prepare them for production.  While this process is ongoing, the City intends to provide documents on a rolling basis as the documents become available for release.  Please visit http://www.cityofvallejo.net/cms/One.aspx?portalId=13506&pageId=15359550 to view the latest release and explanatory memo.  We will provide you with another update on March 21, 2019.

March 8, 2019, 1:41pm by Joni Brown, Administrative Analyst I (Staff)
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Dear Lisa Fernandez:

Here is an update to your request submitted on January 2, 2019.

  1. The names and reports of officers involved in police or deputy misconduct soon to be made public as a result of SB 1421.  We are seeking records that date back to Jan. 1, 2017 in our initial request.  We would like a prompt return of these records, as required by law.  Please include video related to the incident.

 

  1. As this process can be time-consuming, the second part of our request is asking for records going back to Jan. 1, 2014.  We request that “Part 2” of our request be made public considering time restraints.  Please include related video.

 

In your request, you also stated:

KTVU is asking for Part 1 of our request as soon as possible, which we are seeking before a release of Part 2, as we anticipate the latter request will take longer.  We are filing this request in anticipation of SB 1421 becoming law on Jan. 1, 2019, when these records must become public. 

We are seeking:

Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.

  • For 2017 to the present, we are continuing to review the cases to determine which incidents will be publicly available in this timeframe pursuant to Penal Code section 832.7(b)(7). Please note that the records are voluminous must be reviewed and redacted in accordance with Penal Code section 832.7(b)(5)-(6). Please also note that publicly available documents that you request will be produced.  As such, we expect to give you further response on March 8, 2019, in accordance with Government Code §6253(c).

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury. 

  • For 2017 to the present, we are continuing to review our records in an attempt to locate and review responsive documents. We are reviewing our records to compile an inventory of those files that will be responsive to this request. This search and inventory are not yet complete.  Publicly available documents that you request will be produced.  However, due to the voluminous amount of separate and distinct records that are requested here, we expect to give you further response on March 8, 2019, in accordance with Government Code §6253(c).

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to an incident in which a sustained finding was made by any law enforcement agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. 

 

  • For 2017 to the present, no responsive documents exist in the sexual assault category you requested.

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Regards,

 

Lieutenant Steve Cheatham

Professional Standards Division

Vallejo Police Department

Vallejopd@CityofVallejo.net

 

 

February 22, 2019, 5:39pm by Joni Brown, Administrative Analyst I (Staff)
External Message   Hide Public

Dear Lisa Fernandez:

Here is an update to your request submitted on January 2, 2019.

  1. The names and reports of officers involved in police or deputy misconduct soon to be made public as a result of SB 1421.  We are seeking records that date back to Jan. 1, 2017 in our initial request.  We would like a prompt return of these records, as required by law.  Please include video related to the incident.

 

  1. As this process can be time-consuming, the second part of our request is asking for records going back to Jan. 1, 2014.  We request that “Part 2” of our request be made public considering time restraints.  Please include related video.

 

In your request, you also stated:

KTVU is asking for Part 1 of our request as soon as possible, which we are seeking before a release of Part 2, as we anticipate the latter request will take longer.  We are filing this request in anticipation of SB 1421 becoming law on Jan. 1, 2019, when these records must become public. 

We are seeking:

Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.

  • For 2017 to the present, we are continuing to review the cases to determine which incidents will be publicly available in this timeframe pursuant to Penal Code section 832.7(b)(7). Please note that the records are voluminous must be reviewed and redacted in accordance with Penal Code section 832.7(b)(5)-(6). Please also note that publicly available documents that you request will be produced.  As such, we expect to give you further response on February 22, 2019, in accordance with Government Code § 6253(c).

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury. 

  • For 2017 to the present, we are continuing to review our records in an attempt to locate and review responsive documents. We are reviewing our records to compile an inventory of those files that will be responsive to this request. This search and inventory are not yet complete.  Publicly available documents that you request will be produced.  However, due to the voluminous amount of separate and distinct records that are requested here, we expect to give you further response on February 22, 2019, in accordance with Government Code § 6253(c).

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to an incident in which a sustained finding was made by any law enforcement agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. 

 

  • For 2017 to the present, no responsive documents exist in the sexual assault category you requested.

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Regards,

 

Lieutenant Steve Cheatham

Professional Standards Division

Vallejo Police Department

Vallejopd@CityofVallejo.net

 

 

February 7, 2019, 5:14pm by Joni Brown, Administrative Analyst I (Staff)
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Dear Lisa Fernandez:

Here is an update on your request added on January 7, 2019:

Provide how many complaints from the public about police misconduct regarding the items covered in SB 1421 you have gotten in this time period. (Back to Jan. 1, 2017 first and then back to Jan. 1, 2014)

  • For 2017 to the present, there are no responsive documents for this request.

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

Provide how many department-initiated internal affairs investigations regarding items covered in SB 1421 have you conducted in this time period?

  • For 2017 to the present, there are no responsive documents for this request.

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Regards,

 

Lieutenant Steve Cheatham

Professional Standards Division

Vallejo Police Department

Vallejopd@CityofVallejo.net

 

January 31, 2019, 3:50pm by Joni Brown, Administrative Analyst I (Staff)
External Message Public
Thank you for keeping me updated.
January 28, 2019, 6:01am by the requester via email
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Dear Lisa Fernandez:

Here is an update to your request submitted on January 2, 2019.

  1. The names and reports of officers involved in police or deputy misconduct soon to be made public as a result of SB 1421.  We are seeking records that date back to Jan. 1, 2017 in our initial request.  We would like a prompt return of these records, as required by law.  Please include video related to the incident.

 

  1. As this process can be time-consuming, the second part of our request is asking for records going back to Jan. 1, 2014.  We request that “Part 2” of our request be made public considering time restraints.  Please include related video.

 

In your request, you also stated:

KTVU is asking for Part 1 of our request as soon as possible, which we are seeking before a release of Part 2, as we anticipate the latter request will take longer.  We are filing this request in anticipation of SB 1421 becoming law on Jan. 1, 2019, when these records must become public. 

We are seeking:

Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.

  • UPDATE LIST IN BOLD: For 2017 to present, we have located a total of seven cases involving the discharge of a firearm at a person by a peace officer or custodial officer.  We are continuing to review the cases to determine which incidents will be publicly available in this timeframe pursuant to Penal Code section 832.7(b)(7). Please note that the records are voluminous must be reviewed and redacted in accordance with Penal Code section 832.7(b)(5)-(6). Please also note that publicly available documents that you request will be produced.  As such, we expect to give you further response on February 8, 2019, in accordance with Government Code § 6253(c).

 

For 2017 to present, here are the seven cases involving the discharge of firearm and the officers involved are listed below:

 

  • January 23, 2017 -  Officer Zach Jacobsen
  • May 31, 2017 - Officer Kevin Barreto; Officer Jared Jaksch; Officer Sean Kenney; Officer Jarrett Tonn
  • August 2, 2017 - Officer Jake Estrada; Officer Zach Jacobsen; Officer Matt Komoda; Officer Stephanie McDonough; Officer David McLaughlin
  • July 8, 2017 - Officer Jarrett Tonn
  • February 13, 2018 - Officer Ryan McMahon
  • November 1, 2018 - Sergeant George Simpson; Officer James Duncan; Officer Matt Komoda
  • January 1, 2019 - Officer Christopher Hendrix

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury. 

  • For 2017 to the present, we are continuing to review our records in an attempt to locate and review responsive documents. We are reviewing our records to compile an inventory of those files that will be responsive to this request. This search and inventory are not yet complete.  Publicly available documents that you request will be produced.  However, due to the voluminous amount of separate and distinct records that are requested here, we expect to give you further response on February 8, 2019, in accordance with Government Code § 6253(c).

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to an incident in which a sustained finding was made by any law enforcement agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. 

 

  • For 2017 to the present, no responsive documents exist in the sexual assault category you requested.

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Regards,

 

Lieutenant Steve Cheatham

Professional Standards Division

Vallejo Police Department

Vallejopd@CityofVallejo.net

January 26, 2019, 3:51pm by Joni Brown, Administrative Analyst I (Staff)
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Dear Lisa Fernandez:

On January 7, 2019, you added to your request and our response are as follows:

Provide how many complaints from the public about police misconduct regarding the items covered in SB 1421 you have gotten in this time period. (Back to Jan. 1, 2017 first and then back to Jan. 1, 2014)

  • For 2017 to the present, we are reviewing our records in an attempt to locate and review responsive documents. However, due to the voluminous amount of separate and distinct records that are requested here, we expect to give you further response on January 31, 2019 (14 additional days from day due), in accordance with Government Code § 6253(c).

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

Provide how many department-initiated internal affairs investigations regarding items covered in SB 1421 have you conducted in this time period?

  • For 2017 to the present, we are reviewing our records in an attempt to locate and review responsive documents. However, due to the voluminous amount of separate and distinct records that are requested here, we expect to give you further response on January 31, 2019 (14 additional days from day due), in accordance with Government Code § 6253(c).

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

.

Provide how many claims and lawsuits have you received and settled regarding the items covered in SB 1421 in the same time period.

  • There have been two lawsuits and zero claims received and settled from 2014 to the present for incidents involving death or GBI resulting from the use of force.  There haven’t been any lawsuits or claims received and settled resulting from sustained findings of dishonesty or sexual misconduct from 2014 to the present.

 

Regards,

 

Lieutenant Steve Cheatham

Professional Standards Division

Vallejo Police Department

Vallejopd@CityofVallejo.net

January 17, 2019, 5:16pm by Joni Brown, Administrative Analyst I (Staff)
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Dear Lisa Fernandez:

On January 2, 2019, you requested and our response are as follows:

  1. The names and reports of officers involved in police or deputy misconduct soon to be made public as a result of SB 1421. We are seeking records that date back to Jan. 1, 2017 in our initial request.  We would like a prompt return of these records, as required by law.  Please include video related to the incident.

 

  1. As this process can be time-consuming, the second part of our request is asking for records going back to Jan. 1, 2014. We request that “Part 2” of our request be made public considering time restraints.  Please include related video.

 

In your request, you also stated:

 

KTVU is asking for Part 1 of our request as soon as possible, which we are seeking before a release of Part 2, as we anticipate the latter request will take longer.  We are filing this request in anticipation of SB 1421 becoming law on Jan. 1, 2019, when these records must become public. 

 

We are seeking:

 

Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.

 

  • For 2017 to present, so far we have located one shooting incident that will be publicly disclosed.  The name of the involved officer is Zach Jacobsen with an incident date of January 23, 2017.  We are continuing to search for and determine what other incidents will be publicly available in this timeframe. Publicly available documents that you request will be produced. However, due to the voluminous amount of separate and distinct records that are requested here, we expect to give you further response on January 26, 2019 (14 additional days from day due), in accordance with Government Code § 6253(c).

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury. 

 

  • For 2017 to the present, we are reviewing our records in an attempt to locate and review responsive documents. Publicly available documents that you request will be produced.  However, due to the voluminous amount of separate and distinct records that are requested here, we expect to give you further response on January 26, 2019 (14 additional days from day due), in accordance with Government Code § 6253(c).

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to an incident in which a sustained finding was made by any law enforcement agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. 

 

  • For 2017 to the present, no responsive documents exist in the sexual assault category you requested.

 

Per your request for 2014-2016, we will start on that request when we complete Part 1, as you indicated in your request.

 

Records relating to an incident in which a sustained finding of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction of evidence or falsifying or concealing evidence. 

 

  • Per your request, Part 1 and Part 2 for 2014 to the present, no responsive documents exist in the dishonesty category you requested.

 

On January 7, 2019, you added to your request. Please note that our initial response to this will be due on January 17, 2019.

 

 

Regards,

 

Lieutenant Steve Cheatham

Professional Standards Division

Vallejo Police Department

Vallejopd@CityofVallejo.net

January 11, 2019, 12:49pm by Joni Brown, Administrative Analyst I (Staff)
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If it’s not too trouble to amend my original request, can you also please: Provide how many complaints from the public about police misconduct regarding the items covered in SB 1421 have you gotten in this time period. (Back to Jan. 1, 2017 first, and then back to Jan. 1, 2014) Provide how many department-initiated internal affairs investigations regarding items covered in SB 1421 have you conducted in this time period? Provide how many claims and lawsuits have you received and settled regarding the items covered in SB 1421 in the same time period?
January 7, 2019, 6:30am by the requester via email
Request Published Public
January 2, 2019, 11:03am by Joni Brown, Administrative Analyst I
Department Assignment Public
Police Department
January 2, 2019, 10:12am
Request Opened Public
Request received via web
January 2, 2019, 10:12am