California DA's fatal police shooting probe took 10 years
Aug. 28, 2018
OAKLAND, Calif. (AP) — A Northern California district attorney's investigation of a police officer's fatal shooting of an unarmed man languished for more than a decade before completion, a newspaper reported Monday.
Alameda County District Attorney Nancy O'Malley acknowledged her office failed to finalize its investigation of the Dec. 31, 2007, shooting in Oakland and notify the city's police department of its conclusions until last week, The East Bay Times reported.
The district attorney's policy is to investigate and report the results of every fatal police shooting in its jurisdiction.
Investigators completed their report in 2013, more than five years after the shooting, but failed to send the results to the police department, district attorney spokeswoman Teresa Drenick said.
The report was forwarded last week after the newspaper inquired about it, Drenick said. it will be publicly released this week, she said.
"We believe that the delay in completing a report was due, in part, to the fact that the federal government was reviewing the matter," Drenick wrote in an email to the paper. She also noted that O'Malley took over the office in 2009 when her predecessor retired.
Oakland officers fatally shot Andrew Moppin-Buckskin, 20, after he initially fled from a traffic stop. The officers reported they fired their guns when Moppin-Buckskin reached toward his back waistband while approaching the officers. A federal judge tossed out a wrongful death lawsuit filed by the man's family, court records show.
One of the officers who shot Moppin-Buckskin also fatally shot another unarmed man running six months later. The East Bay Times reports the Oakland police department fired Hector Jimenez after the second shooting, but that an arbitrator ordered the officer reinstated. The Oakland Police Officers Association didn't return a call for comment Monday.
The newspaper reported that a district attorney's report it obtained of the second shooting concluded that the shooting was appropriate because Jimenez feared for his partner's safety.
In that case, the city paid the victim's family $650,000 to settle its wrongful death lawsuit.
Information from: East Bay Times, http://www.eastbaytimes.com