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Officer Who Killed Boy, 13, Is Cleared

LAPD board rejects a civilian panel's ruling in the Devin Brown case.

Decision Made In Secret

The State

January 10, 2007|Matt Lait and Scott Glover, Times Staff Writers

"I like transparency," Bratton said. "In my previous department [in New York City], all reprimands were written and published throughout the department. I'm not in favor of all the limitations that we operate under here, but it is what it is."

The events leading to the shooting of Devin Brown began about 4 a.m. Feb. 6, 2005. According to police, Garcia and his partner were on patrol when they noticed a red Toyota Camry being driven erratically. When the driver of the Toyota ran a red light and got on the Harbor Freeway, the officers followed.


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Suspecting the driver was under the influence of drugs or alcohol, the officers turned on their emergency lights and siren. But the driver, later identified as Brown, did not stop.

Brown pulled off the freeway and led police on a seven-minute chase on city streets. He lost control of the car at 83rd Street and Western Avenue, where the car jumped a curb and slammed into a wrought-iron fence.

Garcia and his partner pulled up, drew their weapons and took cover behind their open patrol car doors. As they did this, Brown's 14-year-old passenger fled. Brown, meanwhile, put the car in reverse and began backing up toward police. The Toyota struck the right front fender of the patrol car and continued backing alongside in the direction of Garcia.

The officer fired 10 shots into the Camry. Seven struck Brown, who died at the scene. Officers later learned that the Camry had been reported stolen.

During the department's internal investigation, a reenactment suggested that Garcia was not in the path of the vehicle when he opened fire. Shooting investigators speculated that he was in the car's path when he drew his weapon, but had stepped to the side before he began pulling the trigger.

After reviewing that investigation, the Los Angeles County district attorney declined to file charges against Garcia, citing insufficient evidence.

Bratton, finding that Garcia was legitimately in fear for his life, recommended that his actions be deemed appropriate under the circumstances.

The Police Commission, in a 4-1 vote, disagreed. The majority found evidence that the Camry was moving no faster than 2 mph when the shooting occurred and that Garcia was not in the path of the vehicle.

The officer's belief that his life was in danger "was not objectively reasonable," the board concluded.

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matt.lait@latimes.com

scott.glover@latimes.com

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