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Ois District Attorney Report on Blueford Shooting

Ois District Attorney Report on Blueford Shooting

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Published by Jon Brooks

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Published by: Jon Brooks on Oct 10, 2012
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09/17/2013

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-
==
=======================-
Qffice'
of
the
District
Attorney
Alameda
County
Rene
C.
Davidson
Courthouse
1225
Fallon
Street,
Suite
900
Oakland,
CA
94612
ancyE.
o•Malley,
District Attorney
\
October3,20
12
Chief
Howard Jordan455
7th
StreetOakland,
CA
94607·
Dear
Chief
Jordan:Enclosed is the District's Attorney's Final Report on the fatal shooting
of
AlanBlueford which occurred
May
6, 2012.I have reviewed the report and agree with
the
conclusion that the evidence doesnot justify criminal charges against Oakland Police Officer Masso.
As
indicated
in
the report, no further action will be taken
in
this case.A copy
of
he report will be available to the public no earlier than five calendardays after October
3,
2012.Enclosure·
Phone:
{510)
272-6222
a
Email:
a.skrod-da
@
acgov.org
www.alcoda.org
 
DISTRICT ATTORNEY'S REPORTONFATAL SHOOTING
OF
ALANBLUEFORD
By: Kenneth MifsudDated:Senior Deputy District AttorneyMike FosterInspectorOctober 3, 2012
1
 
INVESTIGATIONOF
THE
SHOOTING DEATH
OF
ALAN BLUEFORDINTRODUCTION:The Alameda County District Attorney's Office has assembled an Officer Involved Shooting(OIS) Team, which consists ofexperienced senior,.assistant and/or deputy district attorneys as well
as
experienced inspectors. Each month, a two·person team, consisting
of
an attorney andinspector,are assigned to respond to, investigate and evaluate cases where a person has died anda peace officer is involved. TheOISTeamis authorized by agreement with each local law enforcement agency serving Alameda County, toconducta separate but parallel investigationinto the circumstances leading up to the death with the ultimate question
of
whether chargesshould be filed against the officer or·anyone involved
in
·the shooting.
It
remains the legalresponsibility
of
the criminal division
of
the employing law enforcement agency to conduct thecriminal investigation. It is also the legal responsibility
of
the Internal Affairs Division
of
theemploying agency to conduct an administrative investigation
of
which the District Attorney'sOffice is not involved.INVESTIGATIVE
STEPS:
On or about May 6, 2012, at approximately 3:13a.m., the on·call OIS Team was activated by acall from the Oakland Police Department that an officer involved shooting had occurred.TheOIS Team consisted
of
Senior Deputy District Attorney Kenneth Mifsud and District AttorneyInspector Mike Foster.The OIS Team initiated an investigation into the shooting death
of
AlanBlueford.The OIS Team was informed that an officer involved shooting
had
occurred at about 12:03 a.m.,
in
the driveway
of
9230 Birch Street
in
Oakland.The OIS Team responded to the scene
of
theshooting incident at which time, the scene was inspected after the decedent
had
been taken toHighland Hospital. The OIS Team went to the Homicide Division
of
the Oakland PoliceDepartment and participated
in
questioning the involved officers, Offic
er
Miguel Masso andOfficer Joe Fesmire.In addition to theinterviews
of
the two involved officers, the OIS Team has reviewed andanalyzed the complete investigation compiled by Sergeant Sean Fleming, Oakland PoliceDepartment,including the statements
of
39 civilian witnesses.The OIS Team requested andreviewed additional materials, including,but not limited to the Autopsy Protocol and theCoroner's Report, a videotape taken from a liquor store camera near the scene, and a burglaryincident report pertaining to a discarded handgun found
at
the scene. Additionally, the OISTeam requested and obtained DNA and fingerprint test results
on
the discarded handgun, andreviewed the test results,and revisited the neighborhood in an effort to locate additional potentialvideo recordings
of
the incident.
2

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