Chief Discusses Shootings by San Diego Police

Police Chief Bob Burgreen on Wednesday said preliminary results of an extensive internal investigation into the San Diego Police Department’s use of deadly force do not suggest that changes in policy and procedure are in order.

Burgreen’s comments on the investigation came two days after an undercover police officer shot and killed John Joseph Kelley, 30, while attempting to arrest him in the parking lot of a Mission Valley restaurant. The shooting marked the seventh time this year that San Diego police have shot and killed a suspect who was being arrested.

“I have made no conclusions at this point as to what if anything needs to be done,” Burgreen told members of the Citizen’s Advisory Board on Police/Community Relations. “I want to protect our officers . . . but, at the same time, I want to make sure that our officers are acting appropriately in this critical area (of) the use of force.”

Burgreen said he and other top police officials are “personally participating” in the “time-consuming” investigation into policies and procedures that guide police officers in the use of deadly force. The investigation won’t be completed until late this year, Burgreen said.

During the course of the investigation, Burgreen and other top police officials will ride along with officers to determine if policies and procedures are being followed, or if those guidelines need to be revised.

The officials “will actually be sitting in on classes and reviewing what is being taught,” Burgreen said. “We will be visiting other police agencies . . . looking at their policies, at their training . . . and lastly, (officials) will be reviewing what is going on on the streets in actual practice.”

Burgreen on Wednesday said a “parallel review by (the advisory board) would be in the public interest at this time.” After the meeting, Burgreen said board members “have an open door . . . I think it’s within their authority and jurisdiction . . . they have an open invitation from me . . . nothing will be kept from them.”

As part of its review, the Police Department is sending officers to Los Angeles, Dallas and Phoenix to study deadly-force policies.

Burgreen defended the use of deadly force in San Diego, which, in recent years, has led the nation in the number of police officers killed while on duty. “Eleven officers in 11 years were murdered,” Burgreen said.

But, although Burgreen is intent on giving his officers the right to protect themselves, he said the history of police killings “does not alleviate the need for our officers to act under appropriate policy . . . and to be held accountable” if policy violations are occurring. “I’m very anxious to do what we can to remedy some problems” that might exist, Burgreen said.

On Oct. 5, Burgreen will make a preliminary report to the San Diego City Council. Burgreen said he “will not be waiting for the whole package to make changes. . . . Any changes that are needed will be implemented as they are identified.”

In a related matter, Burgreen on Wednesday made public a letter he sent to county grand jury foreman Reno J. Testolin on Aug. 2. The letter acknowledged that the Police Department violated its own evidence rules when officers improperly stored a Rolodex seized during the highly publicized investigation of Karen Wilkening, who, prosecutors said, ran a high-class call-girl ring out of a Linda Vista condominium.

Although Burgreen’s letter defended the department’s rules and procedures, he acknowledged that, “unfortunately, in the case in question, those guidelines were not followed. These policies have been restated in order to assure total compliance by all members of the department.” The policies include proper management of evidence and execution of search warrants, as well as several management policies.

In the letter, Burgreen responded to seven recommendations made by the grand jury in the wake of Wilkening’s trial. Burgreen said he had “reviewed these recommendations and is in full agreement with the grand jury.” The letter included descriptions of the department’s responses, “which have been taken to ensure future compliance with these recommendations.”