Request #20-188
  Open
LAPD Officers Use Bean Bag Rounds To Arrest Suspect Armed With Metal Stick

https://www.youtube.com/watch?v=a94n3wD0Qqo

Hi,

I'm just enquiry about obtaining each of the individual bodycams videos for the above link.

 

Details for of the incident:  

Wilshire Boulevard was closed between La Brea and Cloverdale avenues on Monday afternoon while police investigated an assault in which a male suspect struck an officer from the Los Angeles Police Department’s Wilshire Division. LAPD spokesman Mike Lopez said police received a call at approximately 12:45 p.m. about an assault with a deadly weapon occurring near Wilshire Boulevard and Detroit Street. Officers allegedly found a man swinging a metal pipe and attempted to get him to put it on the ground. LAPD spokesman Tony Im said a scuffle ensued and the suspect struck the unidentified officer in the head with the pipe. The officer sustained minor injuries and was treated at the scene and released. Officers used a Taser and fired bean bag rounds at the suspect, who was taken into custody. He was identified as Timothy Camon, 53. The suspect was taken to a hospital in stable condition. He was later booked for assault with a deadly weapon on a police officer.


Received

January 10, 2020 via web


Departments

Police Department (LAPD)

Documents

Public

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Staff

Point of Contact

LAPD Analyst Shavonne N3662

Due Date Changed Public
03/16/2021 (was 09/17/2020). Awaiting production of BWV footage from FID.
September 16, 2020, 11:14am
Due Date Changed Public
09/17/2020 (was 08/18/2020). FID released video from F038-19 LERI. LAD reviewed/approved for release on 8/6/20. Should be posting on lapdonline.org soon.
August 17, 2020, 11:00am
Due Date Changed Public
08/18/2020 (was 05/18/2020).
May 12, 2020, 3:07pm
Due Date Changed Public
05/18/2020 (was 03/17/2020). Reviewed the request and noted awaiting redacted video from FID; therefore, due date extended.
March 16, 2020, 3:31pm
Due Date Changed Public
03/17/2020 (was 02/18/2020).
February 18, 2020, 12:02pm
Due Date Changed Public
02/18/2020 (was 02/04/2020).
February 4, 2020, 2:09pm
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Dear Requester:

 

We 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 video footage of F038-19.   

 

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 disclosable records responsive to your request, pursuant to Penal Code § 832.7(b)(1): F038-19Another requester has already provided the estimated cost for redaction of the video footage release on September 26, 2019, by the Department’s Media Relation Division at the link below. The video without the narrative, as per your request, is in the redaction process for release.

 

https://www.youtube.com/watch?v=_YLay1U_EhU&feature=youtu.be

 

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.  Furthermore, for electronic records, the CPRA provides that the cost to perform such redactions “shall” be borne by the requestor.  See Govt. Code 6253.9(b)(2) (providing that a person requesting electronic records under the CPRA “shall bear the cost of producing a copy” of such records where data compilation, extraction, or programming is required to produce the record); National Lawyers Guild v. City of Hayward, 27 Cal. App. 5th 937 (2018) (holding that a public agency was entitled under Section 6253.9 to charge a requester for costs it incurred to edit and redact non disclosable material from police body camera videos). 

 

In regards to the above records we have identified responsive to your request, due to the large number of requests for similar records the Department is processing pursuant to the above criteria, 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

 

February 4, 2020, 2:08pm by LAPD Analyst Shavonne N3662 (Staff)
Due Date Changed Public
02/04/2020 (was 01/21/2020).
January 16, 2020, 10:45am
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Dear Requester:

I have reviewed your California Public Records Act request. 

Please be advised that, pursuant to California Government Code Section 6253(c), I have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request.  Therefore, my staff will require the statutory fourteen days extension of time in which to respond.  A determination concerning your request will be made as soon as possible.

If you have any questions regarding this correspondence, simply respond to this email. 

Respectfully,

LAPD Discovery Section CPRA Unit

January 16, 2020, 10:44am by LAPD Analyst Shavonne N3662 (Staff)
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Good afternoon,  We need clarification on your request.  About your request for obtaining individual bodycam worn videos from the link provided, are you looking for the entire footage from each body worn video or are you looking for only the video posted on http://www.lapdonline.org/use_of_force.

Respectfully,

 

LAPD Legal Affairs Division, CPRA Unit 

January 14, 2020, 2:59pm by LAPD Analyst Shavonne N3662 (Staff)
Request Published Public
January 10, 2020, 1:27pm
Department Assignment Public
Police Department (LAPD)
January 10, 2020, 2:53am
Request Opened Public
Request received via web
January 10, 2020, 2:53am