San Francisco Chronicle

Oakland cops violated policy during chase, review finds

- By Evan Sernoffsky

Oakland police officers violated policy and gave inconsiste­nt statements to supervisor­s after a high-speed pursuit resulted in major injuries to a passenger in the fleeing vehicle, according to a report released Friday by an independen­t monitor overseeing the Oakland Police Department.

The alleged violations were discovered by the department’s Internal Affairs Division and presented to the Executive Force Review Board, which examines certain use-of-force incidents, in-custody deaths and vehicle pursuits that end in death or serious injury.

The department has a policy to not engage in high-speed pursuits of suspects deemed to be nonviolent to minimize risks to the public.

The review board was created as part of several reform programs recommende­d 15 years ago following the Riders scandal, in which a group of officers in West Oakland was

accused of beating residents and planting evidence.

Court-appointed monitor Robert Warshaw oversees the department’s reforms, including the review board — which is made up of three members of the command staff.

The board in October reviewed a police pursuit that ended with a passenger in the fleeing vehicle suffering injuries that left him needing to use a wheelchair and unable to speak.

Warshaw did not say when and where the pursuit took place. Oakland police officials did not immediatel­y respond to messages.

The incident began when officers spotted a vehicle at a gas station being driven by “a known juvenile” and carrying two passengers, officials said.

“The officers believed the driver and the passengers to be armed,” Warshaw wrote. “As three officers in a marked vehicle approached the suspect vehicle, their vehicles collided and the suspect vehicle fled the scene.”

The officers chased the vehicle for 13 miles over a 16-minute period during which time the fleeing suspect hit at least three uninvolved vehicles, officials said.

At one point, one of the passengers jumped out of the fleeing vehicle and slammed into a stopped vehicle, seriously injuring him, Warshaw said. Moments later, the suspect driver crashed and the chase ended.

Oakland police officials have not released the names of any of the suspects.

The department’s Internal Affairs Division first investigat­ed the chase, using radio traffic, body-worn camera footage and other evidence. Investigat­ors discovered the officers’ statements about the incident were inconsiste­nt with the video and other evidence, Warshaw wrote.

The review board later agreed with the internal affairs investigat­ion, and found the pursuit “out of compliance,” Warshaw said. What’s more, the board found a sergeant and watch commander had violated policy by allowing the pursuit to continue.

Police department­s around the country, including in Oakland, have policies barring chasing certain suspects when the pursuit may endanger the public.

The Oakland Police Department’s General Order “only allows vehicle pursuits for violent forcible crimes and/or crimes involving the use or possession of firearms.”

Oakland police officials have not said if any of the officers will face discipline.

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