REPORT ON THE DEATH OF. Margaret Laverne Mitchell

Transcription

1 REPORT ON THE DEATH OF Margaret Laverne Mitchell JUSTICE SYSTEM INTEGRITY DIVISION STEVE COOLEY District Attorney August 7, 2001

2 TABLE OF CONTENTS Summary.. 1 Factual Analysis.. 4 Introduction.. 5 Witness Statements.. 6 Officer Kathy Clark.. 6 James Moody.. 12 Officer Hope Young.. 17 Derrick Keaton.. 21 Pamela Littky.. 26 Gary Miller.. 28 Officer John Goines.. 32 Jon Menick.. 37 Michael Leinert.. 39 Kelly Page.. 42 Barry Henley.. 45 Medical Evidence.. 48 Larrigan's Background.. 48 Physical Evidence Mitchell's Criminal history 50 Legal Analysis 51

3 SUMMARY The Justice System Integrity Division of the Los Angeles County District Attorney's Office has completed its review of the May 21, 1999, fatal shooting of Margaret Laverne Mitchell by Los Angeles Police Department Officer Edward Larrigan during a pedestrian encounter near the intersection of La Brea Avenue and Fourth Street in the City of Los Angeles. After a thorough review of this case, it is the determination of this office that the available evidence has been compromised and is so conflicting that any criminal prosecution could not withstand potential defense challenges that the shooting was either accidental or in self-defense. The District Attorney's former Special Investigations Division launched an investigation into the Mitchell shooting on August 29, 1999, when the Los Angeles Police Department ("L.A.P.D.") completed its inquiry into the shooting and presented its findings. The District Attorney's "Rollout" program was not in effect in 1999, having been eliminated in September 1995 by the District Attorney in office at that time. Under the program, which was reinstated seven months after Mitchell was killed, a Deputy District Attorney and a Senior District Attorney Investigator respond to the scene of officer-involved shootings to conduct a separate investigation of the incident. They have an opportunity to participate in the initial civilian witness interviews immediately following a police shooting. This provides a fresh and unhampered assessment of a witness's perceptive abilities and credibility. There was, however, no such early opportunity to objectively assess the witnesses in the Mitchell shooting, which ultimately led to an exhaustive investigation that included the utilization of the Los Angeles County Grand Jury. As the District Attorney's Office began examining the evidence amassed by L.A.P.D., it became clear there were conflicting forces at work that severely hampered this office's attempts to investigate the Mitchell shooting. There were 11 key percipient witnesses, including three L.A.P.D. officers, who were crucial to the case. Nine of those witnesses were interviewed on audiotape by L.A.P.D. investigators. All but one was interviewed on the day of the shooting or shortly thereafter. Approximately one year later, an agent with the Federal Bureau of Investigation, ("F.B.I.") interviewed six of these witnesses, but, pursuant to F.B.I. policies, did not tape record their statements. The Mitchell family hired an attorney, Leo Terrell, to pursue civil litigation against the City of Los Angeles. At least three of the witnesses had their depositions taken by this attorney, who claimed to represent four of the 11 percipient witnesses in the case. 1 1 These four witnesses also claimed the attorney for the Mitchell family represented them. According to a memorandum prepared by the District Attorney's Professional Responsibility Unit addressing this situation, 1

4 In January 2001, nine of the 11 percipient witnesses testified before the Grand Jury during an investigative hearing initiated by this office. The remaining two witnesses participated in voluntary, videotaped interviews by District Attorney personnel several months earlier. When the witnesses' statements and testimony were analyzed, along with the physical and scientific evidence, a troubling picture emerged. Three witnesses radically changed their statements both as to the facts and their attitudes toward L.A.P.D. Statements from six other witnesses remained consistent, for the most part. The remaining two witnesses refused to be interviewed by L.A.P.D. or this office, based, in part, on advice of the Mitchell family attorney. Their statements could be analyzed only on the basis of their Grand Jury testimony, which was taken nearly two years after the Mitchell shooting. Although the witnesses represented by the Mitchell family attorney had no apparent monetary interest in the outcome of the civil wrongful death lawsuit, the Mitchell family attorney advised at least one of them against cooperating with police and refused to make any witnesses available out of his presence for interviews by the District Attorney's Office as they attempted to conduct their investigation. These actions prevented early, untainted interviews with at least one witness and destroyed any appearance of impartiality. As a result, there is no clear picture of the Mitchell shooting. Three conflicting factual scenarios were described by the witnesses: Larrigan accidentally discharged his service weapon and shot Mitchell when he lost his balance and fell, or nearly fell, to the ground. Mitchell lunged toward Larrigan from several feet away as if attempting to stab him with a screwdriver, and was shot when Larrigan responded by firing his weapon in self-defense. Larrigan, for no apparent reason and without provocation, shot Mitchell as she fled from him or when she turned back momentarily to look at him. 2 Because of the state of the evidence, it cannot be proved beyond a reasonable doubt that Larrigan did not (1) act lawfully in self-defense and in the defense of others, or (2) accidentally discharge his firearm. Accordingly, the conflicting evidence cannot support a criminal prosecution. This factual dilemma might have been minimized had the District Attorney's "Rollout" there is a question of whether this "representation" is illusory since no fees were paid and there is no basis for the representation of independent percipient witnesses. 2 These statements are inconsistent with the medical evidence in the case, which indicates that Mitchell was facing Larrigan with the officer slightly to her right when she was shot. 2

5 program been operating when Mitchell was shot. It also might have been minimized had not efforts by law enforcement, including this office, been encumbered and, in some cases, compromised by actions taken in pursuit of the Mitchell family's civil lawsuit. It is regrettable that this office did not have the opportunity to make an unhindered inquiry of the witnesses at the earliest possible opportunity. Not only would a clearer picture of the shooting emerged, but this office would have resolved the matter much sooner. 3

6 FACTUAL ANALYSIS The analysis herein is based on our examination of the following materials: (1) an investigative file prepared by L.A.P.D. and submitted to this office, which includes, among other things, L.A.P.D. property reports, L.A.P.D. forensic reports regarding firearm, fingerprint and blood analyses, an Autopsy Report of Margaret Mitchell prepared by the Los Angeles County Department of Coroner, a diagram of the scene, a total of 71 photographs including those of the location, the involved officers and the physical evidence, Mitchell's criminal history and copies of citations issued to Mitchell; (2) transcripts of L.A.P.D. tape-recorded interviews of 20 witnesses which took place between May 21, 1999, and June 7, 1999; (3) copies of the audio tapes of L.A.P.D.'s interview with witness James Moody; (4) L.A.P.D. internal records relating to Larrigan entitled Personnel Package, Divisional Package, TEAMS (Training Evaluation and Management System) Reports, and Personnel Complaint Index; (5) copies of the deposition transcripts of Officers Kathy Clark and John Goines; (6) a video tape of excerpts of Clark's and Goines' depositions; (7) F.B.I. interview reports of witnesses Gary Miller, James Moody, Derrick Keaton, Henry Johnson, Nick Vasile, Jay Ganzi, Barry Henley, Shawn Pepper, Officer John Goines, and Officer Renne Hope Young; (8) typed reports of the interviews of Kelly Page and Mark Lawrence by L.A.P.D. Robbery- Homicide detectives on January 4, ; and (9) two L.A.P.D. audio tapes of radio communications, one of which is numbered At the time of this incident, according to the policy of the District Attorney's Office then in effect, representatives of the District Attorney's Office did not respond to the scene of this shooting and were not present during witness interviews conducted by L.A.P.D. The District Attorney's Office, however, conducted a supplementary investigation which consisted of the video-taped interviews of witnesses Gary Miller and Pamela Littky, and a Grand Jury investigative hearing, during which witnesses James Moody, Derrick Keaton, Barry Henley, Kelly Page, Michael Leinert, Jon Menick, and Officers Goines, Young and Clark testified. 4 3 Inspector General Jeffrey Eglash of the Los Angeles Police Commission conducted interviews of witnesses Pamela Littky, Gary Miller, Hamlet Andreyasyan, Wendi Potter and Officer Hope Young in December of Transcripts of those interviews were provided to Clifford Klein and James Cosper, respectively, the Head Deputy and Assistant Head Deputy at that time of the Special Investigations Division, which has since been supplanted by the Justice System Integrity Division. Because those interviews may have incorporated facts drawn from the statement provided by Officer Larrigan that was privileged pursuant to the Fifth Amendment to the Constitution, those transcripts were not provided to Deputy District Attorney Susan Chasworth, the undersigned prosecutor who was assigned the task of reviewing the facts of this incident. 4 This office attempted to conduct voluntary, video-taped interviews of all of these witnesses. Only witnesses Littky and Miller agreed to this request. Officer Clark, through her attorney, refused to be interviewed and the remaining witnesses, also through their attorneys, would only consent to be interviewed if their attorneys could be present. The attorney for witnesses Moody, Keaton, Leinert and Menick was Leo Terrell. Although this office was willing to provide each attorney with a copy of the video-tape of their client's interview, the presence of attorneys, particularly one who had such a strong interest in finding liability on the part of the involved officers, could interfere with our ability to obtain 4

7 Introduction The circumstances leading to the fatal shooting of Margaret Mitchell can be summarized as follows: On Friday, May 21, 1999, at approximately 4:00 p.m., or shortly thereafter, L.A.P.D. bicycle patrol Officers Edward Larrigan and Kathy Clark attempted to stop pedestrian Mitchell near the intersection of Third Street and La Brea Avenue, in Los Angeles, to conduct an investigation regarding her illegally possessing a shopping cart. Mitchell appeared to be and, in fact, was a homeless woman who spent her time in that general area. When first observed, Mitchell was pushing a shopping cart eastbound on the south side of Third Street towards La Brea Avenue. From there, Mitchell turned southbound on the west sidewalk of La Brea Avenue, and continued toward Fourth Street. Larrigan and Clark followed behind her on their bicycles. Some kind of verbal interaction took place between the officers and Mitchell at that time, and it became apparent that Mitchell was not willing to voluntarily stop and submit to the officers' commands. The officers also observed a screwdriver in Mitchell's possession, which at some points was in the shopping cart and at other times was in Mitchell's right hand. Near the intersection of Fourth Street and La Brea Avenue, Larrigan and Clark dismounted their bicycles and followed Mitchell on foot. As the three individuals were proceeding southbound on the west sidewalk of La Brea Avenue, there was some further verbal exchange, during which the officers repeated their command that Mitchell stop and Mitchell conveyed her continued unwillingness to stop. During this time, Mitchell was holding the screwdriver in her right hand toward the officers in a manner that, at least for certain periods of time, indicated that she was prepared to use it as a weapon, either offensively or defensively. Both Larrigan and Clark had their service weapons drawn as they proceeded. All three were in motion most of the time, with Mitchell moving southbound, and the officers, north of her, also moving southbound. Mitchell maintained possession of the cart. On the southwest corner of La Brea Avenue and Fourth Street was a Chrysler/Jeep car dealership with windows facing La Brea Avenue. Also, there was vehicular traffic travelling south and northbound on La Brea Avenue. By this point, several people in the car dealership, in passing vehicles and on the sidewalk, were aware that an unfriendly police encounter was occurring and their attention was drawn to Mitchell and the officers. These three individuals got to a point just south of the car dealership, approximately 110 feet south of Fourth Street, near a newspaper stand. Exactly what happened at this point is unclear; various witnesses described these crucial moments in different ways. There unbiased statements. Thus, a Grand Jury investigative hearing was convened, to which these nine noncooperative witnesses were subpoenaed to testify. During the Grand Jury hearing, witnesses Moody, Keaton, Menick and Leinert confirmed that attorney Terrell was representing them in connection with the Mitchell shooting and was doing so free of charge. 5

8 was, apparently, some further interaction and movement by the involved parties, the culmination of which was that Mitchell was fatally wounded by a single shot from Larrigan's service weapon. This projectile entered Mitchell's right, front upper chest, and exited her left upper back. The shot was fired from a distance of two or more feet. The statements provided by the witnesses are detailed below, along with the remainder of the evidence. Witness Statements Officer Kathy Clark Clark provided statements regarding this incident on three separate occasions: (1) Beginning at 11:32 p.m. on the night of the incident she was interviewed by L.A.P.D. Robbery-Homicide investigators at L.A.P.D. Wilshire Area Station; (2) Clark's deposition was taken by attorney Terrell on July 11, 2000, at Terrell's law offices; and (3) On January 31, 2001, Clark testified before the Grand Jury. All of these statements were recorded. May 21, 1999 interview: During her interview by L.A.P.D. detectives on the night of the incident, Clark, who had been an officer for three and one-half years, explained that for the past seven to eight months she had been working the bicycle detail, and that a significant portion of her duties was the enforcement of shopping cart violations. Local businesses and residents complained that transients took shopping carts from markets evi7(rent (y))9.7( )-u(s s)--2.dith mthe 6

9 themselves behind her. Mitchell turned around, looked at the officers behind her and started screaming profanities. Among other things, Mitchell said, "Get away from me. I'm going to kill you." Mitchell continued pushing her cart southbound, at a rapid pace, and Clark and Larrigan fell back. Larrigan told Clark that Mitchell had a screwdriver in her hand, which was something Clark had not seen. Clark and Larrigan discussed the shopping cart violation as well as the public safety issue posed by Mitchell's possession of the screwdriver. They also considered that Mitchell might be under the influence of some substance or mentally ill. Clark and Larrigan decided to continue pursuing her. At Fourth Street and La Brea Avenue, Clark and Larrigan caught up with Mitchell, identified themselves as police officers, and said, "We need to speak to you, Ma'am." Mitchell who was facing north and slightly northeast, walked away from her cart and "drew" the screwdriver toward the officers in a "threatening manner". Clark described Mitchell as holding the screwdriver in a stabbing position, with the blade pointed down and the handle in her hand. Several times, according to Clark, Mitchell waved it around and raised it over her head. Again, Mitchell told the officers to leave her alone and threatened to kill them. Both Clark and Larrigan unholstered their weapons at that point and told her to drop the screwdriver several times. Just at that moment, an unknown male 6 who had driven up in a red car approached them and said to Mitchell, "Drop it. Drop it. You're going to get hurt." This individual attempted to advance past the officers, but Clark asked him to stay back behind them. Although Clark had to tell him to get back more than once, he eventually complied. Clark did not consider using her "O.C." (Oleoresin Capsicum) spray on Mitchell because 7

10 At this point, the shopping cart was in front of Mitchell, Clark was to Mitchell's left, and Larrigan was to her right. She was approximately eight to ten feet from the officers, both of whom had their guns drawn. They told her to drop the screwdriver several times and identified themselves as police officers. Mitchell made eye contact with both Clark and Larrigan. Clark thought Mitchell looked deranged and angry. Clark feared that Mitchell was going to lunge towards her. With the screwdriver raised and moving in her hand, Mitchell looked at Clark and then focused on Larrigan. She then lunged forward toward Larrigan and, from a position in which it was raised above her head, lowered the screwdriver down in a stabbing motion. Clark, with her peripheral vision, saw Larrigan involved in some movement. She did not know whether he stumbled or fell, but she observed some commotion occurring in that direction. Fearing for Larrigan's life, Clark thought about discharging her weapon, but she was conscious of the rush hour vehicular traffic in her line of sight and behind Mitchell. As she was contemplating this, she heard Larrigan's gun discharge. As Mitchell fell to the ground, Clark observed the screwdriver fall out of her hand. Clark vividly recalled that the screwdriver was longer than most. She estimated the blade portion to be seven to eight inches long. Larrigan made a request for a supervisor and an ambulance. Clark and Larrigan were transported separately to the station. July 11, 2000, deposition: During her deposition, Clark was not questioned in great detail by attorney Terrell about the facts of the incident. Terrell, however, did explore the question of whether Larrigan pushed the shopping cart back toward Mitchell when the three of them were at the corner of Fourth Street and La Brea Avenue. 7 Clark stated that she did not believe Larrigan ever pushed the shopping cart back toward Mitchell, although he stopped it with his foot. Clark also stated that at that time, neither she nor Larrigan removed the screwdriver from the cart. She explained that she did not remove the screwdriver because the cart was approximately six feet away, putting it out of reach. Clark did say during the deposition that in her opinion, Larrigan could have done something to take control of the cart at that time. Clark also clarified that she, personally, did not notify L.A.P.D. communications of her location. Finally, in response to attorney Terrell's question, Clark stated that she did not agree with the Police Commission's findings that the shooting was "out-of-policy", because she believed Larrigan acted to defend his life. January 31, 2001, Grand Jury testimony: The following summary does not reiterate any of the previous statements made by Clark, 7 Apparently, Terrell received some information that Mitchell may have pushed the cart toward the officers when they were at the intersection of Fourth Street and La Brea Avenue, and Larrigan pushed it back toward her. The source of this information is unknown. 8

11 but includes only those portions of Clark's Grand Jury testimony that are either supplemental to or inconsistent with her two previous statements 8. Clark explained that at the time of the shooting, she and Larrigan had been partners for one month. She described them as equal partners even though he had been a police officer longer, since she had more experience on this particular detail. She also testified that on the day in question, they had started working at 11:00 a.m. and their shift was scheduled to end at 7:45 p.m. During an average shift, Clark estimated she handled as few as three or as many as ten shopping cart violation investigations. Clark testified that the prior contact she had with Mitchell occurred when she was on duty with her former partner. She explained that while they were on patrol, they had observed Mitchell and suspected that she was illegally possessing a shopping cart. When Clark suggested to her partner that they pursue the violation, her partner replied, "keep on going, we don t need the headache". Clark also explained that during the current incident, she, at first, did not recognize Mitchell. Once the situation escalated, however, Clark realized she had been in contact with Mitchell on this prior occasion and had heard other officers speak of their negative experiences with Mitchell. Clark testified that when they first followed Mitchell southbound on La Brea Avenue from Third Street, Clark was not sure whether they had said anything to Mitchell before Mitchell started yelling at them. Something caused Mitchell to turn around, but Clark did not know whether it was the noise from their bicycles, their radio or their instructions to her. When Mitchell first addressed them, Mitchell said something similar to, "motherfuckers, get away from me; get the hell away from me" and "motherfuckers, I am going to kill you". Clark, however, stated that she was not certain of the exact words used by Mitchell, although she was certain Mitchell threatened to kill them. During her testimony, Clark could not recall exactly when or where she and Larrigan were when they first identified themselves as police officers, but she knew that they had. It was her standard procedure. She thought that it might have been when they were at the corner of Fourth Street and La Brea Avenue. She also stated that it never went through her mind that Mitchell did not comprehend that they were police officers. Clark also testified that before she was aware that Mitchell had a screwdriver in her hand, Clark's preference was to drop the matter. According to Clark, she had said to Larrigan, 9

12 Clark also testified that as they were dismounting their bicycles at the intersection of La Brea Avenue and Fourth Street, Mitchell pushed the shopping cart toward Larrigan and he braced it with his foot. Then without using his hands, he pushed it back toward her. Mitchell, however, never relinquished the cart and kept her hands on it as she pushed it. Clark testified that this event wherein Mitchell and Larrigan pushed the cart between them happened very quickly: Mitchell pushed the cart toward Larrigan, Larrigan pushed it back, and the next thing Clark recalled was that Mitchell had the screwdriver in her hand. By the time Clark had gotten completely off her bicycle, Mitchell was holding the screwdriver. Clark testified that when they were at the intersection of La Brea Avenue and Fourth Street, Mitchell was "in a corner" and Clark was formulating a plan to use non-lethal means to subdue Mitchell. Clark considered employing a bean-bag shotgun or a taser, which would have necessitated getting a back-up unit. Also, it was at that point that Larrigan indicated he was going to use his O.C. spray. Neither Clark nor Larrigan, however, removed their O.C. spray or requested a bean-bag shotgun or a taser. At that moment, Clark heard the honking of a car horn and the citizen, who Clark described as a middle-aged African-American male, intervened. Clark testified that before this man approached Mitchell, Clark believed they had Mitchell contained and they had a plan to use non-lethal force. In Clark s opinion, after the citizen interfered, they lost control of the situation. Although he may have been trying to help, the intervention of the citizen, in Clark's mind, had the opposite effect. Clark said that not only had she asked the intervening citizen to get back, she believed that she reached out for him, and, she was certain that Larrigan physically pulled him back. Clark testified that it was when Larrigan pulled this person back, that Mitchell took the opportunity to run around the corner and head southbound from Fourth Street on the west sidewalk of La Brea Avenue. Clark explained that it never occurred to her to attempt to force the screwdriver out of Mitchell's hand. In Clark's opinion, the proximity to Mitchell necessary to accomplish successfully disarming her, would have been an unsafe distance, from which Mitchell could have easily stabbed them. 9 Clark also testified that no one threatened to shoot Mitchell or said, "Stop or I ll shoot." 9 There is a popular training manual entitled, "The Tactical Edge Surviving High-Risk Patrol" first printed in 1986, which states that any distance from a suspect armed with a knife of less than 21 feet is dangerous, e.g., a suspect could reach the officer before the officer had the opportunity to draw his weapon and deliver two rounds center mass. This manual further states, "If he's holding a knife or other weapon that extends his reach, like a club, expand your reactionary gap to 21 feet or more. Have your sidearm pointed at him while you're dealing with him." (emphasis in original). Although it is unclear what specific formal training Larrigan received regarding handling suspects armed with sharp-edged weapons, this standard of 21 feet is known by many officers. In a June 2001 article in the magazine, The Police Marksman entitled "Underestimating Edged Weapons", the same standard is repeated, "[T]he effective range of edged weapons is much greater than many officers realize: 21 feet or more if the officer's gun is holstered, at least 15 feet if his weapon is unholstered and down at his side, and 10 feet or more if the officer is holding the suspect at gunpoint." 10

13 Further, no other citizen other than the man who had intervened at the corner of Fourth Street and La Brea Avenue became involved in the incident. There were no other pedestrians in their immediate vicinity on the sidewalk, and the shopping cart never fell over on its side. Clark could not recall whether she re-holstered her gun as they pursued Mitchell southbound from Fourth Street, but she believed she kept it drawn in a "low-ready" position 10. Clark also testified that although she wanted to keep a safe distance behind Mitchell, she also wanted to "close in" on Mitchell to some extent. When asked, Clark testified that she understood the term "drag-stepping" 11, but stated that she did not engage in this during the pursuit of Mitchell and had not been trained to "drag-step" as a way of maintaining balance. Clark described Mitchell as partially running and partially walking fast. Clark said that Mitchell did not hesitate or turn back towards the officers as she proceeded south on La Brea Avenue. Clark also testified that she did not believe she or Larrigan said anything to Mitchell as they proceeded south on La Brea Avenue. All Clark remembered verbalizing at that time was her concern to Larrigan that they needed to do something, i.e., get assistance from other units, because the situation seemed out of control and people could get hurt. Clark described more specifically what happened before Mitchell was shot. Immediately before the shooting, Mitchell lunged at Larrigan, but Clark testified that she would hesitate to describe the action as a "full out lunge". Clark testified that Mitchell's arm was raised above her head, and she took a step toward Larrigan, closing the distance. Further, Clark estimated that Mitchell was eight to ten feet from Clark and approximately one foot closer to Larrigan. Clark did not see where Mitchell received the gunshot wound, but from the relative positions of Larrigan and Mitchell, Clark would expect it to have been to the front part of Mitchell's torso between the waist and shoulder. Clark also that after the shooting a female off-duty L.A.P.D. officer 12 came up from behind and a female minister 13 came out of the car dealership and asked if she could attend to Mitchell. Clark recalled that the minister said something like, "look at her, she's dying, let me tend to her". Clark did not know if the minister was permitted to approach Mitchell, and Clark said she needed a minute to let her know. The minister was insistent and said, "no, let me tend to her, look at her". A supervisor came on the scene and Clark was told that the minister could approach Mitchell, so Clark gave the minister 10 According to Clark, having one's gun in a "low-ready" position is when the gun is unholstered and pointing downward. 11 The phrase "drag-step" and "drag-stepping" was first mentioned by Officer John Goines during his July 12, 2000, deposition, at which time he described it as follows: "It's where you put one foot in front of the other and slide the other one up. It's just to keep your platform just in case you do have to shoot." Goines also mentioned this during his January 31, 2001, Grand Jury testimony. Goines testified that both Clark and Larrigan engaged in this activity as they pursued Mitchell. 12 This off-duty L.A.P.D. officer was subsequently identified as Hope Young. 13 This female minister was subsequently identified as Kelly Page. 11

14 permission. Clark also recalled that a male L.A.P.D. officer 14 came to the scene from across the street. Clark recalled that he approached on motorcycle, rather than foot. James Moody James Moody, the citizen who approached Mitchell and the officers during this incident in an attempt to persuade Mitchell to cooperate, has given formal statements on three occasions; (1) On the evening of May 21, 1999, the day of the incident, he was interviewed on audio-tape by L.A.P.D. investigators at the L.A.P.D. Wilshire Station; (2) On January 27, 2000, he provided a statement to F.B.I. Special Agent R. E. Stapleton, Jr.; and (3) On January 29, 2001, he testified during a Grand Jury investigative hearing. At the time of the shooting, Moody was 68 years old. May 21, 1999, interview: During his L.A.P.D. interview, Moody explained that earlier that afternoon he had been near the intersection of Fourth Street and La Brea Avenue shopping for lamps with his wife. He had driven through the alley from Third Street to Fourth Street and was at the intersection of Fourth Street and La Brea Avenue, in the eastbound right turn lane about to turn right on La Brea Avenue. 15 At that point, Moody noticed something occurring involving a male police officer who Moody described as "large" 16, a female police officer and an elderly lady pushing a shopping cart. (Hereinafter these individuals will be referred to as "Larrigan", "Clark" and "Mitchell"). Moody recognized Larrigan and Clark as police officers because of their uniforms, which were blue and included shorts and helmets. Moody observed that the officers, who had gotten off their bicycles, were trying to approach Mitchell, but Mitchell was backing away from them with her cart. It appeared to Moody that Mitchell was trying to keep a distance between herself and the officers. Moody heard Mitchell say, "you're not a cop, you're not the police" to the officers. 17 In Moody's opinion, Mitchell sounded deranged. As she said this, Mitchell held a screwdriver in her right hand "swinging" it at the officers. When asked to describe 14 This L.A.P.D. officer was subsequently identified as John Goines. 15 The route Moody said he took to arrive at Fourth Street and La Brea Avenue is incompatible with the geography of the streets. The L.A.P.D. interviewer, however, did not follow-up on this discrepancy. 16 Larrigan was 5'8" tall and, according to information Larrigan supplied in October of 1999 on a firearms qualification form, he weighed 160 pounds. 17 It appeared from off-hand statements Moody made during this interview, that Moody's wife may have also observed Mitchell interacting with Larrigan and Clark. Moody, however, in this interview said he had left his wife at a lamp store before the incident and, in later interviews, adamantly denied that his wife was present. Nonetheless, Moody made the following statements during his interview with L.A.P.D.: "She's... hollering, 'You ain't no police.' The first time she said that, I looked at her. I said, 'What is she saying?' My wife said, 'She said he's not a police.' She laughed, and I laughed. I said, 'That's right. I wonder what's wrong with her?' " and; "[W]e were standing there, my wife and I, talking, and we looked over and saw two officers and an old -- seemed like an old lady with a street bag, one of those bag -- one of those baskets. She was pushing it." 12

15 exactly what Mitchell was doing with the screwdriver, Moody said, "She was hitting at him, like the - - trying to stab him or cut him or something with it." During this interaction, Moody did not hear exactly what the officers said to Mitchell because he was too focussed on what was occurring. He knew they said something and believed one of them yelled, "put it down". Moody estimated that at the time, Larrigan was approximately two shopping cart lengths away from Mitchell and clearly "not close enough to [be] hit... because he wasn't going to let her get that close." Moody also estimated that his distance from this encounter was between 12 and 16 feet. Moody got out of his car and said something to Mitchell like, "Ma'am just wait a minute. You don't do that. These are officers." Moody was trying to get Mitchell to calm down and convince her that the officers were not going to hurt her. Mitchell, however, did not respond to Moody but repeated, "they ain't no police - they ain't no police" and, "kept on striking with [the screwdriver]". Moody ran up to Larrigan and said, "let me try to help get her", believing he could have somehow gotten the screwdriver from her. The officers said, "that's okay". Moody again said to them, "let me try", and he started to approach Mitchell. Although she still had the screwdriver in her hand, Moody was not concerned for his safety because he did not believe Mitchell could get to him before he could get to her. The police, however, told him to get back and pulled him over 18, and he stayed back. Again the police said, "that's okay, don't worry about it" and told him that he should not be involved in the situation. In Moody's opinion, his actions did not distract the police from dealing with Mitchell because after telling him to get back, Moody simply watched from a distance and did not follow them when they went south on La Brea Avenue. From where she had been on the corner, Mitchell then ran south on La Brea Avenue with the officers following her. She was pulling the shopping cart and still "swinging" the screwdriver toward the officers. In Moody's words, Mitchell was moving the screwdriver "back and forth" and "sticking at them" with the screwdriver. Mitchell also continued to yell at the officers, but Moody did not know what she was saying. Larrigan ran to where Mitchell was, and Clark stayed back on the "other side" of Larrigan near the front of the building that housed the car dealership. From Moody's perspective, it appeared that Larrigan was in charge because he, rather than Clark, was running toward Mitchell. Larrigan, positioned himself closer to Mitchell, no more than four to five feet away, and was getting ready to "get her" and disarm her. Moody stated, "He could have stopped her with his hands. That's what he was going to try to do, I think." According to Moody, with Mitchell holding the shopping cart by the handle and swinging the screwdriver with the other hand, Larrigan was getting close enough so as to be able to disarm her. From his observations, Moody felt Larrigan "knew what he was doing". Mitchell continued to swing the screwdriver toward Larrigan, although, in Moody's opinion, she could not have hit him with it. Moody described Mitchell as "going back 18 It is unclear from Moody's interview statement, "they pulled me over", whether he meant that the officers physically pulled him away from the incident or that the officers would not allow him to drive his vehicle away at some later time. 13

16 and forth" with the screwdriver, and as "slinging" it. Moody was clear, however, that Mitchell did not raise the screwdriver over her head as if preparing to throw it. According to Moody, Larrigan had nothing in his hands. Larrigan ran towards Mitchell and was going to attempt to push the cart at Mitchell. In Moody s opinion, Larrigan wanted to scare her so she would stop what she was doing with the screwdriver. Moody did not think Larrigan was going to get hurt because he seemed trained on how to handle this kind of situation. According to Moody, Larrigan "dove kind of like" at Mitchell. Mitchell brandished the screwdriver again at Larrigan, and as he was getting ready to try to "grab" her a second time, Clark shot Mitchell. Moody, at another point during this interview, described Mitchell as making "stabbing" motions immediately before she was shot. Moody believed that Larrigan did not mean for Mitchell to get shot. Moody stated several times throughout this interview that it was Clark, rather than Larrigan, who shot Mitchell. When asked if he was certain that Clark shot Mitchell, Moody said, "I'd put my life on the chopping block. He didn't shoot that lady." Moody reported that he saw Clark get her gun and shoot towards the street where Mitchell was: "[Question]: Did you see the officer point the gun? [Answer]: I saw the officer when she got her gun. I wasn't looking at nothing else. [Question]: When she shot, was she shooting towards the street from -- [Answer]: Yep, she was shooting toward the streets to -- not exactly. The streets where the lady was -- where she was shooting." Moody described Larrigan as being so close to Mitchell at the time of the shooting that Moody believed, at first, that Larrigan, rather than Mitchell, was the person who got shot. According to Moody, at the time of the shooting Larrigan was no more than four or five feet from Mitchell and Clark was six to seven feet from Mitchell. Mitchell was positioned close to the curb with her cart, trying to "swing" the screwdriver. Moody, at the time of the shooting, was 14 to 15 feet away. He explained during this interview that he had walked along the sidewalk up to the planters near the car dealership, and could see everything that happened. Moody also reported that at or near the time of the shooting, Larrigan had fallen to the ground. This fact also contributed to Moody's momentary belief that Larrigan, rather than Mitchell, had been shot. When asked how Larrigan fell to the ground, Moody stated that Larrigan had been running towards the shopping cart and pushed it, and might have slipped a little. Or, when Larrigan grabbed the shopping cart, Moody theorized that the wheels of the cart might have been improperly attached, thus causing Larrigan to fall. In Moody's opinion, the shooting was unnecessary. Larrigan was going to try to push the cart up to Mitchell and disarm her, and even he, Moody, could have prevented Mitchell from doing anything with the screwdriver. According to Moody, a lot of people saw what happened, but they did not want to say anything and they did not come down to the station. Moody, however, "couldn't stand seeing that" so he made a statement. 14

17 January 27, 2000, interview: Moody was interviewed by Special Agent Stapleton of the F.B.I. Pursuant to F.B.I. policy, this interview was not recorded in any way. This summary, therefore, relies on the accuracy of Moody s statements as they are reflected in the report prepared by Stapleton. The following summary of this F.B.I. interview includes only those statements that either supplement or conflict with Moody's L.A.P.D. interview. Moody explained that although Mitchell was waving the screwdriver at the officers, she did not do so in a manner that would cause the officers to fear for their lives. Mitchell never extended her arms or lunged at the officers. She was waving the screwdriver only in the area of the shopping cart that normally contains a child seat and keeping it close to her body. Moody told the F.B.I. agent that he never observed Mitchell wave the screwdriver in a stabbing motion and never felt the officers' lives were in danger. Moody stated that after the officers followed Mitchell southbound on La Brea Avenue, they both got within four or five feet of her. Also, he stated that both Larrigan and Clark had their weapons drawn. Moody told the F.B.I. agent that it was when he turned away for a few seconds to check on his car, that a shot was fired. When he turned back, Mitchell was falling to the ground and Larrigan, who was stumbling off the curb, still had his weapon out. Moody said Larrigan came close to falling all the way to the ground, but did not. Moody also stated that although he did not see the shot fired, he is sure it was Larrigan, rather than Clark, who fired the round. Moody believed that if the officers had allowed him to talk to Mitchell, he could have convinced her to put the screwdriver away. Moody denied ever telling L.A.P.D. detectives that he thought the shot was fired by Clark. He also denied telling L.A.P.D. interviewers that Mitchell was trying to stab the officers. January 29, 2001, Grand Jury testimony: Moody was subpoenaed to and testified before the Grand Jury. The summary that follows contains only those portions of his testimony that are inconsistent with or supplemental to his earlier statements to L.A.P.D. or the F.B.I. Moody testified that his wife definitely did not see anything that occurred involving Mitchell. In Moody s words, "She did not see a thing." Moody testified that the first thing he observed was Larrigan pointing a gun at Mitchell and Mitchell holding a "little old screwdriver". Moody repeated the phrase "little old screwdriver" several times during his testimony. He also volunteered at an early point in his testimony, that the screwdriver was "nothing really to worry about". 15

18 16

19 run a little faster, and shot Mitchell before he got close enough to attempt to get the screwdriver from her. Moody said that even he, himself, could have knocked the screwdriver out of Mitchell's hand without putting himself at risk and that was what Larrigan should have done instead of shooting her. Moody testified that he was absolutely certain Larrigan shot Mitchell. Moody said he saw the gun in Larrigan's hand at the time Larrigan discharged his weapon. According to Moody, all that he might have said in the past regarding Clark, was that Clark could have shot Mitchell, but not that she did. During his Grand Jury testimony, Moody made all of the following statements: (1) At the time of the shooting, he did not notice if Clark had her gun out; (2) At the time of the shooting, he was looking at Clark and Clark was not pointing her gun at anyone; and (3) At the time of the shooting, Moody was turned around towards his car and when he heard the shot, he turned back around. Moody also testified that he never thought that one of the officers, rather than Mitchell, had been shot, and he never noticed Larrigan falling down. Officer Hope Young L.A.P.D. Officer Hope Young, while off-duty, was driving her personal vehicle southbound on La Brea Avenue at the time of this incident and observed many of the events. She gave four formal statements regarding her observations: (1) She was interviewed on audio tape by L.A.P.D. investigators beginning at 10:45 p.m. on May 21, 1999, the night of the incident; (2) She was interviewed by Inspector General Eglash of the Los Angeles Police Commission on December 13, ; (3) She was interviewed by F.B.I. Special Agent Stapleton on September 15, 2000; and (4) She testified before the Grand Jury on January 31, May 21, 1999, interview: Young explained to L.A.P.D. investigators that she was driving eastbound on Fourth Street approaching La Brea Avenue sometime between 4:00 and 4:15 p.m. when she saw two L.A.P.D. bicycle officers on the southwest corner of Fourth Street and La Brea Avenue. The officers, a male and a female, got off their bicycles and approached an African-American female who had a shopping cart. (Hereinafter these individuals will be referred to as "Larrigan", "Clark" and "Mitchell"). Mitchell had a screwdriver in her hand and the officers had their guns drawn. Mitchell started waving the screwdriver around in her right hand and yelling, but Young could not tell what she was saying. Young heard the officers say several times "drop the screwdriver, drop the screwdriver", but Mitchell did not comply. At that point, a male African-American stepped from a red vehicle in front of Young and 19 None of the Police Commission interviews were reviewed in connection with the preparation of this analysis. See footnote #3. 17

20 started involving himself in the confrontation. He said something, but Young could not hear what he said. The man did not appear hostile, but in Young's opinion, was interfering rather than helping the situation. Mitchell continued to hold the screwdriver in her right hand and was waving it in circles, left to right, in a "real crazy" fashion. Mitchell then turned around and fled southbound on La Brea Avenue with the shopping cart, holding the screwdriver in her right hand. The officers followed directly behind her. Young observed that during the pursuit, Clark re-holstered her weapon, but Young was unsure what Larrigan did with his weapon. Young made a right turn and followed directly behind in her vehicle, a black Toyota Four Runner. Her view of the incident was unobstructed. Near the newspaper stand, Mitchell turned around, still holding the screwdriver in her right hand. With it extended in front of her, Mitchell took a step forward towards Larrigan and lunged at him with the screwdriver. Larrigan had his gun drawn and Young heard a gunshot. Mitchell then fell to the ground. Young did not know which officer discharged the weapon. After Mitchell fell, the screwdriver remained in her hand, but she no longer had a grip on it. Young got out of her vehicle, identified herself as an L.A.P.D. officer and offered assistance. Young explained that during the incident, she did not want to distract the officers' attention from Mitchell since Mitchell had a weapon, and, therefore, did not intervene. Young did not notice whether Larrigan had fallen or stumbled at any point. September 15, 2000, interview: Young was interviewed by F.B.I. Special Agent Stapleton. This interview was recorded by Young's attorney, Russell Cole, with the permission of Agent Stapleton. That recordation has not been reviewed by this office and this summary relies on the accuracy of the report prepared by Agent Stapleton. The following includes only those portions of Young's F.B.I. interview that are inconsistent with or supplemental to her L.A.P.D. interview. Young explained during this interview that when she first saw the officers at the corner of Fourth Street and La Brea Avenue, they had their weapons drawn in a "low-ready" position. Young could hear the officers tell Mitchell to drop the screwdriver because Young's passenger window was open. Young observed Mitchell hold the shopping cart with her left hand and hold the screwdriver in her right hand in front of her. During this interview, Young clarified that Mitchell's right arm was not fully extended, but her elbow was a few inches from her body and the screwdriver was pointed at the officers. Young added that when the African-American man attempted to intervene, Larrigan grabbed him by the arm and pulled him away. 18

21 Young also explained that after Mitchell started pushing 20 her cart southbound, the officers followed, with Larrigan closer to the curb and Clark closer to a small retaining wall on the west side of the sidewalk. Young described Mitchell's gait as more of a "run" than a "walk". Young, however, could not remember if the shopping cart was between Mitchell and the officers, or further south of Mitchell. During this interview, Young recalled that Larrigan continued to hold his weapon in a "low-ready" position as he proceeded south on La Brea Avenue, although she believed that Clark might have reholstered her gun. Young stated that when Mitchell stopped near the newspaper stand, turned toward the officers and lunged at Larrigan, she was approximately five feet from Larrigan and somewhat further from Clark. Young explained that the lunge was a thrusting motion, with Mitchell moving the screwdriver away from her body by extending her arm. Mitchell did not at any time, raise the screwdriver over her head as if to stab Larrigan, although, in Young's opinion, Larrigan's life was being threatened. Young, specified, however, that she never felt Clark's life was threatened. During this interview, Young also stated that Clark had re-drawn her weapon by the time of the shooting. Young stated that she did not remember seeing Larrigan talk on the radio microphone attached to his shirt. She also stated that since the incident, she had not talked to either Larrigan or Clark. January 31, 2001, Grand Jury testimony: Young was subpoenaed to and testified before the Grand Jury. Again, the following summary represents only that portion of her testimony that is inconsistent with or supplementary to her earlier statements. Young testified that at the time of the incident, she had been an L.A.P.D. officer for three years and was working at L.A.P.D.'s 77 th Division Station. When the shooting occurred, she was on her way to work, and her shift was scheduled to start at 5:00 p.m. Young specified that the red vehicle belonging to the man who attempted to intervene, was directly in front of Young's vehicle on eastbound Fourth Street. The red vehicle was not stopped for a red light because it was too far west of the intersection and there was no traffic in front of it. Young testified that she saw the officers get off their bicycles and immediately draw their weapons. At that time, Mitchell was waving the screwdriver right to left, back and forth, and it was extended slightly in front of her from the elbow. Young clarified that when the intervening male approached this confrontation, he positioned himself in between the 20 The F.B.I. report does not indicate whether Young specifically used the term "pushing", whether that word was supplied by Agent Stapleton or whether Young, in any way, distinguished between "pushing" and "pulling" during her interview. 19