Police commission rules officer broke policy in fatal department store shooting
The shooting of a San Leandro police officer two days before the state’s fatal officer-involved shooting reform bill (SB 593) was signed by Gov. Jerry Brown, will result in an “excessive use of force” discipline for the officer who fired his gun twice at the victim after he began beating him, according to the San Leandro police commission’s final report.
The officer-involved shooting reform bill is designed to change San Leandro police policy under the premise that, to be safe and effective officers will be allowed to use less-lethal force in an emergency to de-escalate an ongoing fight at the department store where the shooting took place in 2017.
However, the San Leandro Police Department and its chief were not able to meet the goal of reducing force in the community through community policing and training over the last four years during implementation of the law.
Instead, their failure to meet the goal resulted in excessive force and death to a San Leandro police officer and three bystanders at the department store, said David Davis, San Leandro Police Commission’s chief executive.
The San Leandro police commission final report also said that the department’s final report and findings on the department store shooting is “not consistent with the findings of the independent hearing officer.”
Davis, who was appointed to serve as the San Leandro Police Commission’s vice-president on Oct. 23, said the report was submitted to the Police Commission on Monday, Nov. 26.
He confirmed for The Bay Area Reporter that the final report is the “most current” version from the San Leandro Police Department.
However, Davis said he cannot comment on the findings of the San Leandro Police Commission’s investigation due to policy.
After a four-month public input process, San Leandro Police Department hired an independent review panel led by the University of New Hampshire’s Peter Liang.
Liang interviewed nearly three dozen witnesses and examined thousands of pages of department store police records and police documents, as well as police witness interviews.
Liang concluded in his report, also dated Nov. 27, that the shooting of officer Kevin C. Loh was “excessive and unnecessary” and violated department policy.
Liang’s report said Loh discharged his gun a total