Decision Reached in Board of Rights Hearing
Los Angeles: An LAPD Board of Rights has reached a decision involving a use of force incident, which resulted in the death of 13-year old Devin Brown on February 6, 2005.
On January 31, 2005, members of the Los Angeles Police Commission found the use of force out of policy. The Commission determines whether or not the use of force was within the policies and procedures of the Department. It is not the responsibility of the Commission to determine whether an officer should be disciplined for that use of force.
The Los Angeles City Charter provides that subsequent to the Police Commission action, two Commanding officers` and a civilian hear evidence and determine if the actions of the officer rise to the level of misconduct, which would require discipline.
The findings of the Board of Rights now conclude all aspects of the investigation. The Department is unable to disclose further information concerning the investigation due to State law restrictions on the release of information related to confidential personnel investigations.
In commenting on the process, Chief Bratton stated, "I regret that current laws and legal restrictions preclude both the Police Commission and me from commenting on the decision, to include what the decision is. We are both committed to transparency and are frustrated with our inability to explain our respective actions in this matter, and those of the Board of Rights."