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., or the “CPRA” or “Act”) seeking:
- The names of the police officers involved in the April 22, 2020 encounter with Daniel Hernandez near San Pedro & 32nd streets in South Central Los Angeles, California;
- All video footage captured by the Department’s officers’ body-worn cameras during the April 22, 2020 encounter in which Daniel Hernandez was fatally shot, including but not limited to footage capturing the initiation of contact with Daniel Hernandez, the interaction leading up to and including the shooting, and events occurring after the shooting until the cameras were turned off;
- Any other video footage capturing this encounter, including footage capturing the initiation of contact with Daniel Hernandez, the interaction leading up to and including the shooting, and the immediate aftermath of the shooting;
- All video footage captured by any patrol car/unit that was equipped with camera equipment (“dash-cam”) regarding the April 22, 2020 encounter with Daniel Hernandez;
- All recordings of any emergency/911 phone calls that may have prompted the Los Angeles Police Department to make contact with Daniel Hernandez on or about April 22, 2020;
- All photographic, video, audio evidence taken from witnesses of the April 22, 2020 interaction between Los Angeles Police Department police officers and Daniel Hernandez, including all cell-phone or neighboring surveillance camera photos and videos;
- All records reflecting access by Los Angeles Police Department personnel to, or viewing by Department personnel of, the above-described video(s), including but not limited to storage security and other access logs; and
- Any and all Los Angeles Police Department written documentation which identifies any interaction between Los Angeles Police Department police officers and Daniel Hernandez on or about April 22, 2020 near San Pedro & 32nd streets in South Central Los Angeles, California, this includes but is not limited to incident reports, memoranda, officer daily work sheets, or any other document as required by the Los Angeles Police Department policies and procedures manual pertaining to police contact such as the one involving Daniel Hernandez on April 22, 2020.
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(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).
With respect to Item 1, the Department has identified Toni Mc Bride, Serial No. 43335, as the officer involved. However, due to the ongoing investigation there may be additional personnel identified as involved. At the conclusion of the investigation, the Department will provide additional names if any.
With respect to Items 2 through 8 relating to incident F014-20, the Department has conducted a search for records responsive to your request and has located records that are disclosable under Penal Code § 832.7(b)(1). However, given that the incident at issue is the subject of an open administrative investigation, the Department asserts the temporary exemption in Penal Code Section 832.7(b)(7)(C). We will provide you an update regarding your request on October 19, 2020.
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.
If you have any questions, please respond to this email.
LAPD Discovery Section CPRA Unit.