Culver City Police Department/City Clerk re: July 18 detention of DeShean Villalpando
| Submitted | July 25, 2020 |
| Est. Completion | Aug. 20, 2020 |
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Communications
From: Annette Morasch
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
My office represents DeShean Villalpando. I am informed that Culver City Police Department officers detained and laid hands on my client during the midnight hour between July 18/July 19, 2020, for approximately 35-45 minutes. The location of the detention was near the bridge spanning Ballona Creek, between Ocean Drive and the parking lot of Farragut Elementary.
We request that you take all necessary and appropriate steps to preserve all evidence and records relating to this incident including but not limited to, radio broadcasts, MDT messages, dash camera video, body-worn camera video, and FI cards, and that you produce those records pursuant to Cal. Gov’t Code 6253. To be clear, we are requesting all dash cam and body camera footage from approximately 10 minutes prior to the CCPD observing Mr. Villalpando, and all video or audio footage of subsequent conversations concerning the detention of Mr. Villalpando.
It is our understanding the officers were in in two marked police SUVs when approximately five police officers police spotted Mr. Villalpando walking across the bridge. It is our understanding that approximately midnight, the officers drove towards Mr. Villalpando on the bike path in a South -Westerly direction, without their headlights on, at approximately 25 MPH. The police then apprehended and detained Mr. Villalpando and searched his backpack. Finding no contraband, one of the officers stated they will just "FI" him. Please produce the field investigation card, or document.
Please produce all documents which reflect the identity of all CCPD employees involved in the detention of Mr. Villalpando.
Please produce all documents which reflect the identity of the CCPD employee who grabbed Mr. Villalpando's arms from behind and kicked his legs apart.
Please produce all documents which reflect the identity of the CCPD employee who patted down Mr. Villalpando's body, including his genitals.
Please produce all documents which reflect the identity of the female CCPD employee who threw Mr. Villalpando's airpods on the ground.
Please produce all documents which reflect the identity of the CCPD employee who threw Mr. Villalpando's phone and air pod case on the ground.
Please produce all documents which reflect the identity of the CCPD employee who searched Mr. Villalpando's backpack, and emptied the contents onto the ground.
Please produce all documents reflecting any reports or complaints of break ins of CCHS, Farragut or CCMS between the months of June and July 2020.
Please produce all documents, including the security footage the CCPD referred to in its July 23, 2020 press release, of the suspects burglarizing the school(s).
Please produce any mug shots of the suspected burglars, Johnathan Ortiz and Josue Ortiz.
Please produce all documents reflecting why CCPD chose to detain Mr. Villalpando, when he is a black man and the suspected burglars are not black men.
Please produce all documents reflecting CCPD's policies and procedures concerning when CCPD employees must identify themselves as law enforcement prior to the detention of a citizen.
Please produce all documents reflecting CCPD's polices and procedures concerning when CCPD employees must read a detained citizen the citizen's Miranda rights.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Annette Morasch
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on July 25, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Culver City clerk
Dear Annette Morasch:
The City of Culver City (“City”) is in receipt of your request for records under the California Public Records Act, California Government Code section 6250 et seq. Please be advised, the City of Culver City is operating under a Local Emergency, due to the spread of the coronavirus (COVID-19). City staff is engaged in focusing on crisis management and emergency response, and the majority of City employees are working remotely. As a result, access to many City files and documents may be limited. In addition, there is a concern that responding to lengthy and complicated requests on non-emergency matters may take away valuable staff time from the essential and necessary emergency work.
Culver City values its record of transparency and timely responsiveness to the public. We are asking for your patience at this time, as the City finds it necessary to and is extending the initial 10-day response deadline, or any previously issued extension, by an additional 14 days. In this regard, the City will respond to your request on or before August 31, 2020.
If your request is routine and does not require considerable review and analysis of documents, staff will respond as quickly as possible under the circumstances, if the document is accessible. If your request involves detailed review of documents or emails, or if exempt information will need to be redacted, we ask that you are patient with staff in getting the information to you when time allows. We will keep you apprised of the status of your request.
Sincerely,
City Clerk’s Office
City of Culver City
(310) 253-5851
city.clerk@culvercity.org<mailto:city.clerk@culvercity.org>
-
~WRD048
From: Culver City clerk
New due date August 20th.
From: Culver City clerk
Annette Morasch
Via Muckrock.com
requests@muckrock.com
Re: Initial response to Request for Public Records dated July 25, 2020
Dear Ms. Morasch:
This letter serves as the City of Culver City’s initial response to the request for records you submitted through Muckrock.com, under the California Public Records Act, Government Code section 6250 et seq. Pursuant to Government Code Section 6253(c), the City is necessarily asserting the permitted 14-day extension of time, under the following:
(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
The original due date for the City’s response was August 6, 2020, since the request was submitted on a Saturday, making the effective date of receipt Monday July 27, 2020. With the 14-day extension, we anticipate providing you with a written response to your request on or before August 20, 2020.
Please disregard the extension letter inadvertently transmitted to you by the City Clerk’s office.
Sincerely,
CAROL SCHWAB, CITY ATTORNEY
By: Lisa A. Vidra
Senior Deputy City Attorney
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on July 25, 2020. You had previously indicated that it would be completed on Aug. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Culver City clerk
To Muckrock:
In regard to the below request.
Please be advised that portions of the request were responded to on August 19, 2020 directly to requestor Annette Morasch. Please be advised that after a reasonable search for responsive documents the City has determined, as stated to Ms. Morasch, that any FI cards, investigations, videos, reports and the like are exempt pursuant to Government Code 6254(f) due to an ongoing internal investigation, and due to the ongoing investigation in regard to the two subjects named in the request. The requesting individual has already obtained the names of the officers present at the scene. Further the City is conducting a search to determine if there are any disclosable calls for service (in reference to your request for “reports or complaints of break ins of CCHS, Farragut or CCMS between the months of June and July 2020.”) However, the search may not yield results due to the vague parameters of the requested information. Lastly, the CCPD duty manual Sections 1021 and 600 reference the requested information. The duty manual may be accessed at https://www.culvercitypd.org/home/showdocument?id=19163.
Sincerely
Lisa A. Vidra
Senior Deputy City Attorney
City of Culver City
9770 Culver Boulevard
Culver City, CA 90232
• (310) 253-5660
•lisa.vidra@culvercity.org<blocked::mailto:lisa.vidra@culvercity.org>
P Do you really need to print this e-mail?
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