41% of officers in 'out of policy' shootings never disciplined
A report from the Office of the Inspector General said that in a six-year span 41% of officers involved in an "out of policy" shooting were not punished.
"It brings up all the injustice," said Marina Vergara. "The fact that there's [no] accountability for these officers who violate — who have stolen other lives."
Vergara's brother Daniel Hernandez was shot and killed by police in April 2020. The officer involved, Toni McBride was never disciplined even though the shooting was classified as an "out of policy" use of force. An "out of policy" shooting is the term used for when an officer violates the Los Angeles Police Department's use of force rules.
Hernandez was involved in a car crash and witnesses said he was cutting himself. When McBride and her partner arrived, Hernandez was holding a box cutter. He was shot and killed but the LAPD Civilian Oversight Board determined that McBride's final two shots were not within policy since Hernandez was already on the ground.
McBride was not the only officer who faced no punishment for an out-of-policy shooting. According to LAPD Inspector General Mark Smith, there were 45 out of policy shootings between 2015 and 2020 that involved 66 officers. Out of the 66 officers, 27 escaped discipline, 21 were suspended, 12 were reprimanded and one was fired.
"Police must be held accountable for the harm they commit," said Paula Minor from Black Lives Matter L.A.
Minor leads the police accountability team for BLM L.A.
"Our city leaders must review the disciplinary process and procedures that are being used by LAPD," she said.
The L.A. Police Protective League, the union which represents L.A. officers responded to the report in a statement questioning the commission's impartiality.
"The reality is that LAPD officers are being held accountable through one of the most thorough ad fair review processes in the nation," the union said in the statement.
After reviewing the report, the commission voted to have a similar report conducted monthly and will publish the findings on the LAPD website.
