Oct 9, 2007 1:57 pm US/Pacific
LAPD Issues Mea Culpa For May Day Melee
LOS ANGELES (CBS) ―
Los Angeles police officers who struck demonstrators and journalists with rubber bullets and batons in an attempt to clear a May Day rally lacked planning, training and supervision, according to a LAPD report released Tuesday.
The LAPD's mea culpa came in a highly anticipated report, written by Deputy Chief Michael Hillmann and the head of the Consent Decree Bureau, Gerald Chaleff, was presented to the Los Angeles Police Commission Tuesday morning in a room filled with police officers, journalists and some members of the public.
The daylong immigration march from downtown Los Angeles to MacArthur Park on May 1 ended violently when 20 to 30 people threw food, rocks and plastic bottles at LAPD officers, who responded by firing 146 rubber bullets into the crowd, injuring at least 35 people, including nine journalists.
"It is important for the public to know my fellow commissioners and I will hold the department accountable for any misconduct that occurred," commission President Anthony Pacheco said.
According to the report, Deputy Chief Cayler "Lee" Carter -- the highest ranking officer at the rally -- underestimated the size and significance of the MacArthur Park march.
When the Rampart Area command staff asked for additional resources in planning for the event, Carter refused and verbally reprimanded a captain for requesting planning meetings, the report found.
The department also failed to involve the Air Support Division, its helicopter wing, and Metropolitan Division in the planning process and did not establish a media viewing area as required in a settlement reached after the 2000 Democratic National Convention, according to the report.
As the day wore on, it also became unclear who was in charge. Carter and Cmdr. Louis Gray both made operational decisions, even though Capt. John Egan was identified as the person in charge of events at MacArthur Park.
"As a result, subordinate officers witnessed conflicting direction and obvious tension between the three command officers. As subordinates from various positions in the field made numerous requests over the radio that went unacknowledged and unanswered -- including requests for the sound truck and repeated requests for action as officers were being struck with objects thrown by people in the crowd -- officers began to make independent decisions in efforts to control the crowd," according to the report.
Officers also lacked the training necessary to handle the rally's crowd, the report found. The department's elite Metropolitan Division did not receive any training in crowd control in the 18 months leading up to the May Day march.
Police officers fired 146 rubber bullets and used batons 100 times in attempting to clear the park, according to the report, which said 246 people were injured and 18 officers were treated for cuts and bruises.
The rally remained peaceful until about 5 p.m. when 6,000 to 7,000 demonstrators reached MacArthur Park, the report found.
Because there were no officers or a sound truck to guide marchers, many individuals marched westbound on Wilshire Boulevard, rather than entering the park at the corner of Wilshire and Alvarado Street, according to the report.
In an effort to move people back to the north side of the park, a skirmish line of officers formed and the department used a sound truck to ask the crowd, in Spanish, to move into the park.
"This, by all accounts, raised the tension of both the crowd and the officers," according to the report.
At this time, three people grabbed a sergeant with the Motorcycle Team and attempted to pull him from his bike. A group of 20 to 30 people then yelled at officers and began throwing food, rocks and more plastic bottles -- some filled with frozen water or sand, according to the LAPD.
At 6:17 p.m., the Metropolitan Division B-Platoon formed a skirmish line on Seventh Street and, without a dispersal order being given, moved the crowd northbound, firing rubber bullets and striking demonstrators and journalists, the report found.
At 6:20 p.m., a partial dispersal order was given in English, via a helicopter, to the mostly Spanish-speaking crowd. One minute before that order was given, officers had begun firing rubber bullets.
A department spokesman was doing an interview with Univision Channel 34 at Park View and Wilshire at that time.
"Reporters in the media area then turned their focus to the deployment of less-lethal impact munitions, either by turning their cameras in that direction or physically walking toward the south side of the park," according to the report.
Media helicopters were not flying above the park at the time because of a baseball game occurring at Dodger Stadium. The Federal Aviation Administration prohibits non-law enforcement helicopters from flying within three miles of a major sporting event.
Complaints have been filed against 26 officers who were at the rally.
The report released Tuesday does not address disciplinary actions.
"Even if the planning was inadequate, even if the tactics were flawed, even if command control had broken down, even if the situational awareness was poor, ... training was poor and lacking, in the end, some behavior ... appears to be unjustified," Chaleff told the commission.
"Each officer's conduct will have to be viewed in light of the reasonableness of that officer's conduct and whether or not that officer committed misconduct," said Chaleff, a civilian in charge of monitoring LAPD compliance with a consent decree agreed to by the city to avoid a U.S. Justice Department lawsuit that would have alleged a pattern of civil rights violations by police.
In the aftermath of the May Day melee, Carter was demoted and subsequently resigned. Gray, who was second in command at the park that day, was reassigned to the Office of the Chief of Operations.
The report includes a series of recommendations to be implemented by June 2008. They include:
- regularizing the Incident Management and Training Bureau
- reviewing policies regarding crowd management
- including rank, serial numbers and names on ballistic helmets and tactical vests
- designing a highly mobile sound unit vehicle
- developing protocols for LAPD videographers
- coordinating with event organizers prior to major events
- reasonably accommodating credentialed members of the media
- requesting Air Support Division to provide aerial video documentation of specialized events
- establishing a clear chain of command
- standardizing the criteria for After-Action Reports
- updating the 1996 Training Bulletins in regard to crowd control
The city of Los Angeles faces lawsuits stemming from the incident. Last month, a claim -- a precursor to a lawsuit -- was filed against the city on behalf of 164 people who say they were injured by officers. Since then 10 lawsuits and 94 other claims have been filed.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
