Yesterday, SB 1421 records regarding July 30th BPD shooting were released.

As I and others suspected months ago, they show a clear violation of California law, BPD Use of Force Policy, and present serious questions about the nature of BPD training and culture.

Recall that on July 30th, 2020 a BPD Officer (Cheri Miller) shot at a 19-year-old Black Man (Brandon Owens) as he attempted to flee in his car following allegedly stealing some items from the Shattuck CVS https://www.berkeleyside.com/2020/09/01/berkeley-police-release-video-of-officer-shooting-at-vehicle-after-robbery

Ofc. Miller claims she feared she would be run over or shot at. Her actions make little sense for one concerned about their safety

As a witness at the sense indicates, Ofc. Miller was always on the Driver's side, making the chances she could have been "ran over" nearly impossible. A second witness did not believe Ofc. Miller's life was in danger.

Why didn’t Ofc. Miller simply back away from the car? "As an officer you don't necessarily retreat"

Why didn’t Ofc. Miller provides a warning before shooting as required when possible by Department Policy? " A lot goin' on"

At this same interview, Ofc. Miller mentioned her concern about the possibility of the 3 Black Teens (they were ultimately unarmed ) in the Car having weapons... but (as the video clearly shows) proceeded to move even closer to the vehicle as it began moving.

Roughly 90 seconds before Ofc. Miller begins shooting, 4 cover officers had already indicated they are heading to the scene and would shortly be in the area.

Ofc. Miller even acknowledges that the incoming cover officers could conduct a search for the vehicle, an action that would have taken place without the need for her to shoot.

What had Mr. Owens allegedly stolen? Packs of soap and coffee

The internal Affairs (IA) investigator concluded that Ofc. Miller believed she "took an oath to do a job expeditiously" and that police "Do Not Retreat".

The findings of Ofc. Miller violating department policy were sustained.

Ultimately Ofc. Miller was "released" from BPD and is no longer an officer at the Department. In her final appeal before termination, she asserted her belief in the constitution and due diligence... despite nearly denying Mr. Owens his constitutional right to due process.

And, of course, BPA President Emily Murphy believes the Department should have retained Ofc. Miller. believing that her own fellow Officers were TOO HARSH on Miller

It is true Mr. Owens is alleged to have committed a crime...

It is also true that Mr. Owens is entitled to his right to due process. His life was nearly taken from him based not on any imminent threat to life he presented (he presented none), but because of an officer’s own reckless need to expeditiously commit a deadly injustice.

BPD is a department that has hailed itself as having some of the best-trained officers in the Country. Serious questions about the nature of BPD and the nature of policing itself must be asked if a department's “state-of-the-art” training ends in outcomes like this.