City Officials Say De la Torre Investigation Has Led to 'Distrust'

City Manager Rod Gould said he was upset by surrounding last year’s of SMMUSD School Board member and social activist Oscar de la Torre. His comments were made at , the first public session at which city officials addressed the report from the independent review of the investigation.

The county’s Office of Independent Review concluded in a report released earlier this month that the had the right to investigate De la Torre about a child-endangerment allegation, but the handling of the investigation was flawed.

“I regret that, although our police department was correct to investigate the incident, the way it was handled unfortunately cast a shadow over the investigation,” Gould said.

He added, “I am well aware of how any potential abuse of government authority, including police power—perceived or real, great or small—can tear at a community’s fabric and erode trust in government.”

The investigation involved a racially charged fight between two youths near the , which is operated by De la Torre. The SMPD concluded that de la Torre, who has had multiple conflicts with the SMPD on the handling of gang violence and related issues, should be charged with child endangerment because he failed to stop the fight that began at and—in the opinion of SMPD lead investigator Sgt. Dave Thomas—encouraged it to continue. The Los Angeles District Attorney’s Office declined to file charges.

The OIR determined Thomas used techniques “such as advocating a point of view and feeding witnesses information that do not comport with the ‘just the facts’ orientation of common investigative practices.” The review team also wrote that Thomas’ investigation report “contained an unusual mixture of facts and advocacy, and was not a dispassionate rendering of the facts.”

The OIR made seven recommendations to the police department, including the creation of an investigation guideline manual and the implementation of a “more robust review process” for investigations. Gould said the implementation of these recommendations is underway, and a progress report would be given in 90 days.

Also, the police department is conducting an internal review of the De la Torre investigation. This will determine any additional actions that need to be taken. But Gould said no public review or personnel action would be taken by the , as some people had requested. He said the city charter requires personnel matters to be handled administratively.

“Conducting an inquiry in a public forum … could run afoul of constitutional rights,” Gould said. “We must be concerned with everyone’s constitutional rights.”

Mayor Pro Tem Gleam Davis added that there were practical reasons why people would not want the council handling police personnel matters.

“If we can review the police department, then we can control the police department,” she said. “I don’t think anybody wants a situation where the police become a political arm of the City Council.”

She and several other council members praised Gould and Police Chief Tim Jackman for their handling of this matter.

Councilman Terry O’Day said, “We are on the path to repairing the distrust that has built because of this.”

O’Day also said he was “distressed” by some of the details of the OIR’s report. This view was shared by several other council members.

“It is frankly some of the most difficult material about my city that I have ever had to read,” said Councilman Kevin McKeown, who said he was prevented from sharing all his feelings on the matter because of legal constraints.

De la Torre and several of his supporters addressed the council. De la Torre reiterated a belief he has stated several times previously that “the intent behind the investigation was malicious. It was to ruin my career.”

He added that he questioned whether he could continue in his role as a professional youth activist because it had become dangerous. De la Torre did not mention that he believed he should be compensated for the financial burden the investigation has placed on him, something he told Santa Monica Patch earlier this month.

Maria Loya, de la Torre’s wife and the mother of his two young sons, said, “I fear of the continued harassment or retaliation by SMPD.”

Perhaps as a sign of relationship building to come, De la Torre and Jackman could be seen after the meting shaking hands and talking.