ALED Lisryy | ORB PET C Ann ua tH IN THE DISTRICT COURT OF OKLAHOMA COUNTY, a COUNTY STATE OF OKLAHOMA FER 94 2024 Ri ", CAMEO HOLLAND, as mother of on COR WARREN STAVIAN RODRIGUEZ 73. CLERK oe Plaintiff, Judge Ogden ) ) ) ) v. } Case No, CJ-2021-462 E CITY OF OKLAHOMA CITY, \ Defendant. ; DEFENDANT’S ANSWER TO PLAINTIFF’S PETITION COMES NOW, Defendant City of Oklahoma City (City), and for its answer to Plaintiff's Petition in the above styled matter states as follows: 1. Defendant is without sufficient information to either affirm or deny § 1 of Plaintiff's Petition. 2, Defendant admits { 2 of Plaintiffs’ Petition. 3. Defendant admits § 3 of Plaintiff's Petition. 4. To the extent that Stavian Rodriguez was shot by officers employed by the Oklahoma City Police Department (OCPD), Defendant admits q 4 of Plaintiff's Petition. 5. Defendant admits 7 5 of Plainti 's Petition. 6. Defendant denies {| 6 of Plaintiff's Petition and demands strict proof thereof. 7. Defendant denies § 7 of Plaintiff's Petition and demands strict proof thereof. Uke ;8. Defendant denies 4 8 of Plaintiff’s Petition and demands strict proof thereof. Further, as 8 contains improper legal conclusions, it is denied. 9. Defendant denies § 9 of Plaintiff's Petition and demands strict proof thereof. 10. Defendant denies ¥ 10 of Plaintiff's Petition and demands strict proof thereof. Further, as 4 10 contains improper legal conclusions, it is denied. 11. Defendant denies 4 11 of Plaintiff's Petition and demands strict proof thereof. 12, Defendant admits § 12 of Plaintifi’s Petition. 13. Defendant admits {13 of Plaintiff's Petition 14, To the extent that the Plaintiff has not yet received the recordings, Defendant admits J 14. As for the other claims, Defendant denies 4 14 of Plaintiff's Petition and demands strict proof thereof. Defendant has never actually denied Plaintiff's request, rather, Defendant has always maintained that there are statutory restrictions and impediments that prevent the immediate release of a video of a shooting of a minor child that must be overcome or cured before the release is authorized by law. 15. Plaintiff's | 15 is redundant to Plaintiff's 3 and Defendant admits it just the same.16. Defendant denies ¢ 16 of Plaintiff's Petition and demands strict proof thereof. Further, as 4 16 contains improper legal conclusions, it is denied, 17, Defendant admits { 17 of Plaintiff's Petition. 18. Defendant admits 4 18 of Plaintiff’s Petition. 19. Defendant admits 4 19 of Plaintiff's Petition in general, however, there are numerous exceptions and exemptions in the Oklahoma Open Records Act. Plaintiff's § 19 is an oversimplification of the statute and should be taken as such 20. Defendant admits { 20 of Plaintiff's Petition. 21. Defendant denies { 21 of Plaintiff's Petition and demands strict proof thereof. Further, as 21 contains improper legal conclusions, it is denied. AFFIRMATIVE AND OTHER DEFENSES 22, Defendant is not, and has not, outright denied Plaintiff's access to the requested materials. However, as Defendant has explained to Plaintiff, there certain statutory impediments to the immediate release of the requested materials. Such restrictions include: 23. The identification of a minor under the age of sixteen (16). 51 O.8.Supp.2015, §§ 24A.8(A}(9)(c}, and 24A.8(A)(10}(b)(3) 24. The identification of law enforcement officers who have become subject to an internal investigation. 51 O.S.Supp.2015, §§ 24A.8(A)(9)(i), and 24A.8(A)(10)(b)(13).25. The release would include information that would materially compromise an on-going criminal investigation. 51 O.S.Supp.2015, § 24A..8(A)(10)(b)(12). 26. Law enforcement records concerning juveniles are not open to the public. 10A 0.8.Supp.2014, § 1-6-102(A)(5) 27. Law enforcement records concerning juveniles may be released “only pursuant to an order of the Court.” 10A 0.8.Supp.2014, § 1-6-102(C). 28. Confidential juvenile records may be released “only after judicial review of the records.” 10A 0.S.Supp.2014, § 1-6-102(). WHEREFORE, having fully answered, Defendant City respectfully requests the Court to deny the Plaintiff's prayer for judgment and other relief and further requests the Defendant receive its costs and such further relief as the Court deems just and proper. Respectfully submitted, KENNETH JORD. Municipal Couns , OBA # 20874 BA # 22678 Assistant Muniéipal Counselors 200 N. Walker 4th Floor Oklahoma City, OK 73102 405/297-2451 thomasitucker@oke.gov jason.perez@okc.gov Attorneys for the DefendantCERTIFICATE OF SERVICE This is to certify that on the 24" day of February 2021, a true and correct copy of the above Entry of Appearance was mailed vis U.S. Postal Service to: Rand C. Eddy, OBA # 11822 MULINIX EDDY EWERT & MCKENZIE, PLLC. 210 Park Ave. Suite 3030 Oklahoma City, OK 73102 (405) 232-3800 Attorneys for Plaintiff