Parks, while finding that Larrigan's tactics in the Mitchell shooting were improper, recommended that his use of force be found "in policy."
Eglash, however, concluded in a confidential report to the commission that civilian witnesses at the scene did not see Mitchell lunge at Larrigan, as the department says she did, sources said. Eglash also determined that the tactics employed by Larrigan were so poor that they contributed to the shooting, those sources said.
Months of Deliberations
The commission spent months deliberating over the incident and even considered changing the way the department evaluates shootings. On Tuesday, after more than five hours in closed session, the panel reached its split decision. Four commissioners declined comment after the vote. Boeckmann could not be reached for comment.
Cmdr. David J. Kalish, the department's spokesman, said the chief was unavailable for comment. Kalish did not criticize the board's findings.
"It's the role of the Police Commission to make a final determination on the use of force and that's what it did," Kalish said. "The case will now be referred back to the department for the administration of discipline."
Kalish said Larrigan faces a wide range of possible punishment, from a written reprimand to termination.
Attorney Leo Terrell, who represents Mitchell's family, said he was pleased with the outcome.
"The three members who voted for the shooting to be out of policy did the right thing," said Terrell, who is suing the city on behalf of the family. "The commissioners who voted against that finding should be ashamed of themselves."
Terrell called on Parks to resign, adding that the chief "owes the city of Los Angeles and the Mitchell family an apology for the way he's misrepresented the shooting."
According to police accounts, Mitchell was pushing a shopping cart along a sidewalk near the intersection of 4th Street and La Brea Avenue when she was spotted by Larrigan and Clark.
The two officers, on bike patrol, decided to stop Mitchell to see if the shopping cart she was pushing was stolen, according to police. At first, neither officer recognized Mitchell. But eventually Clark told Larrigan that she thought she recognized her as a transient known for her "explosive, violent behavior," according to a statement by Parks.
When the officers ordered Mitchell to stop, she ignored them and began walking rapidly away, reaching into her cart and grasping the plastic handle of what turned out to be a screwdriver, according to Parks' statement.
