Oxnard Chief Satisfied With Settlement

Despite losing the largest settlement in city history, Oxnard Police Chief Art Lopez said Tuesday he is satisfied with the outcome of the suit by a slain officer’s family and believes it has left the department stronger.

Lopez said the incident has prompted the department to revamp its SWAT tactics and create a new drug policy that is the toughest in the county.

“I think overall this has made us a better organization as a result,” Lopez said. “It’s a sad, unfortunate way to get better. But the adversity has made us better.”

On Monday, the city agreed to pay $3.5 million to the family of slain Oxnard SWAT Officer James Jensen. Jensen was accidentally shot three times in the back by his friend and mentor, Sgt. Daniel Christian, during an early morning drug raid March 13, 1996.

Oxnard’s lawyers fought the Jensen family’s right to sue, taking the case to the U.S. 9th Circuit Court of Appeals. The court ruled that widow Jennifer Jensen and her daughters had a right to sue the city and its department for alleged civil rights violations.

After that, the city settled the case. Jennifer Jensen also received more than $400,000 in worker’s compensation benefits for herself and her children, said City Atty. Gary Gillig.

The settlement is believed to be the largest in city history. “As far as I know,” said Gillig, “there’s never even been a jury verdict or settlement in the public liability area even close to that settlement.”

But he said it will not have a severe impact on the city’s budget. In anticipation of the settlement, Oxnard had previously put $1 million in a reserve account, said Gillig. The rest of the money will be covered by two of the city’s insurance companies.

Lopez does not regret the settlement, considering the loss to the Jensen family.

“We have two young children, plus a grieving wife, who will never have to worry about money problems again,” Lopez said. “I know that won’t make up for the fact that they will never have the comfort of their father again. I’m sure if they had it to trade, they would rather have their father back.”

Oxnard’s attorneys had said Jensen was partly to blame for the accident after he broke from the rest of his SWAT team and charged alone into an upstairs bedroom.

But the attorney representing Jennifer Jensen accused Christian of being an overly aggressive officer whose judgment was often clouded by regular use of prescription medication.

Attorney Edward Steinbrecher said Christian had been written up twice for “poor judgment” and “unprofessional conduct.” Each time, an internal department report recommended he be removed from the SWAT team, the attorney said.

And though a blood test seven hours after the shooting revealed only trace amounts of a prescription medication in Christian’s blood, Steinbrecher said the SWAT supervisor took up to eight extra-strength Vicodin tablets a day for migraine headaches and sinus pain.

“That’s heavy medication that affects perception, affects judgment,” Steinbrecher said in an interview.

Steinbrecher alleges that Christian, who now works as a patrol sergeant for the department, was never disciplined over the shooting. Lopez declined to confirm that, or whether Christian is taking Vicodin, saying both are confidential personnel issues.

After the shooting, Oxnard police instituted the strictest drug policy in the county. Under it, all officers must report to their supervisors if they are taking prescription medication. If a supervisor suspects an officer is under the influence of a drug, prescription or not, he can require the officer to take a drug test, Lopez said.

Other departments in the county do not require officers to report taking prescription medication.

“It’s a privacy issue,” said Lt. Neal Rein with the Simi Valley Police Department.

Added Sheriff’s Department spokesman Capt. Keith Parks, “The privacy of medical records may take precedence over reporting any prescription drug use. What if an employee takes a pill for abortion? I don’t know what that does to the body, but can you imagine the privacy issue there?”

Other departments rely instead on a set of more general guidelines requiring an officer to be fit for duty whenever he or she reports to work. That includes being free from the influence of drugs or alcohol.

The Jensen case also prompted the department to overhaul its SWAT team procedures. Formerly a part-time assignment, SWAT officers now work together full-time and also handle gang incidents. Lopez said the SWAT commander is now also required to go to a state school for SWAT leaders that emphasizes training and tactics.