[HPN] LAPD shooting homeless woman dead violated policy, citizen review board finds FWD board finds FWD

[Tom Boland]

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http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2000/02/16/state0227ES
T0189.DTL&type=printable
FWD  San Francisco Chronicle - Wednesday, February 16, 2000

POLICE COMMISSION RULES FATAL SHOOTING OF HOMELESS WOMAN ``OUT OF POLICY''

LOS ANGELES (AP) -- The civilian Los Angeles Police Commission has found
that the fatal shooting of a homeless woman by an officer last year
violated police department policy.

The sharply divided ruling, made on a 3-2 vote, contradicts Police Chief
Bernard Parks' ruling that the shooting was justified. Parks, however,
still has the final say on Officer Edward Larrigan's discipline.

The chief has said Larrigan shot Margaret Mitchell on May 21 after she
lunged at the officer with a 12-inch screwdriver. At the time of the
shooting, Larrigan and his partner were questioning her about a shopping
cart they suspected was stolen.

The Police Commission's Inspector General's report, however, found that
witnesses to the shooting did not see the 55-year-old, 102-pound, mentally
ill woman lunge at Larrigan.

The civilian commissioners found that Larrigan's tactics ``were
significantly deficient'' and the shooting itself was outside Los Angeles
Police Department policy. The board ruled that Larrigan's initial drawing
of his weapon was within department policy.

``Chief Bernard Parks owes the city of Los Angeles and the Mitchell family
an apology for misrepresenting the Mitchell case,'' said Leo Terrell, an
attorney representing the homeless woman's family. He has also called on
Parks to resign.

In addition to the Mitchell shooting, the department continues to deal with
the expanding Rampart Division corruption probe. The investigation is
looking into the actions of more than 70 officers and already has led to
more than 30 convictions being overturned.

Larrigan's commanding officer will make a recommendation of discipline to
Parks, who will make the final decision on punishment, said police Cmdr.
David J. Kalish, a department spokesman.

Discipline can range from a written admonishment to termination, Kalish said.

After the shooting Larrigan was placed on non-patrol duty. Department
officials wouldn't say Tuesday if that status had changed.

The commission released its findings after meeting for nearly five hours
behind closed doors.

Commission President Gerald Chaleff and members Dean Hansell and Warren
Jackson agreed with the Inspector General's findings. Commissioners
Raquelle de la Rocha and Herbert Boeckmann agreed with Parks, who had
determined that the officers used faulty tactics but did not violate the
department's policy on shootings.

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