Report On OPD Officer Slayings Notes Major Errors

A Board of Inquiry report released late Wednesday afternoon addressing the fatal incident last March that left four Oakland police officers dead cited major procedural errors that led to a lack of leadership and poor communication.

The independent review of the deadliest incident in Oakland Police Department history by a panel of experts was ordered by then acting Chief of Police Howard Jordan to better understand how the events of Saturday, March 21, 2009 unfolded.

The incident began at approximately 1:08 p.m. when Sgt. Mark Dunakin pulled Oakland resident and recently released parolee Lovell Mixon over at the intersection of 77th and MacArthur Boulevard.

Dunakin approached Mixon's car alone and took his license and registration without incident. He was joined shortly by fellow motorcycle Officer John Hege. Mixon then shot both officers twice as they approached his vehicle together.

While the Board of Inquiry report on the incident commended the actions of first responders after Officer Hege and Sergeant Dunakin were shot by Mixon, it noted that the "officers' approach together on the driver's side door was not in compliance with OPD training procedures or the best officer safety practices."

The report's most serious criticism focused on the numerous issues with procedure and protocol that arose after units gathered in response to the city-wide call for back-up at the scene.

The report notes that a "recently promoted and inexperienced" commander -- referred to as Lieutenant #1 in the report and identified by KTVU as Lt. Drennon Lindsey -- who was first on the scene at "did not establish a command post or implement any basic emergency incident management protocols."

According to the report, the lack of a command post impaired communications during the incident and led to "a lack of development of an overall plan and little situational awareness" and called the decision to enter the apartment at 2755-74th Avenue where Mixon was located "problematic from its inception."

The report also pointed out that because no command officer on the scene took over as incident commander as required by OPD policy, "no one knew who was in charge, adding to the growing confusion and disorganization."

The report additionally noted that one of the lieutenants -- referred to in the report as Lieutenant #3 and identified by KTVU as Lt. Chris Mufarreh -- "did not gather routine intelligence on the target location, establish location surveillance, or obtain an interior floor plan and building layout."

Through an eyewitness and a confidential informant, officers learned that Mixon had run into a nearby apartment. The report also indicated that Lt. Mufarreh dismissed those sources and believed he was not there.

The problems were further compounded when Mufarreh formed an ad-hoc entry team, a plan of action expressly prohibited by OPD general orders.

Lt. Mufarreh then ordered the ad-hoc entry team to engage in the high risk operation of entering the suspect's apartment without sniper support, hostage negotiator assistance or tactical operations support.

The incident ended with the deaths of Sergeants Erving Romans and Daniel Sakai after authorities forced entry into the building and Mixon shot both SWAT team members with a SKS assault rifle.

The Board of Inquiry report stated that "there was no urgency to order an expedited entry into the apartment" and that "the order to force entry was not in compliance with OPD policies and best practices."

The report also noted slow response time for ambulances to the scene and recommended an assessment of possible causes for the delay.

New Oakland Police Chief Anthony Batts and much of his command staff held a news conference Wednesday night to discuss the report's criticisms.

“I concur with all the findings in this 58-page document,” said Chief Batts. He added that despite the many procedural issues, officers and commanders also made some solid decisions and took selfless and courageous action that day.

The families of the officer and sergeants killed in the incident were briefed Wednesday morning about the Board of Inquiry report on the traffic stop. The families then took a lunch break before returning to hear about the fatal SWAT operation.

Late Wednesday afternoon, the Oakland Police Officers Association reacted to the report.

In a written statement, the union said it had not been provided a copy of the critique but welcomed objective, thoughtful and professional review of the events.

The union president said that "While the police officers association appreciates the need for tactical policy and strategic review of the tragic events of March 21, we must never forget that four dedicated honorable men lost their lives serving the citizens of Oakland."