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HomeMy WebLinkAbout2010_09_13_DOJ Review BAKERSFIELD POLICE DEPARTMENT PRESS RELEASE Greg Williamson, Chief of Police ________________________________________________________________________ Contact: Sergeant Mary DeGeare Public Information Officer 661-326-3803 mdegeare@Bakersfieldpd.us FOR IMMEDIATE RELEASE September 13, 2010 Recently the Bakersfield Police Department was contacted by the local FBI office regarding a Department of Justice inquiry into the officer involved shooting death of Traveon Avila on 7/9/10 in the 1400 block of Windsor Street. According to the FBI, the request to review the investigation was based on the media coverage of the event, which suggested a possible violation of Title 18 USC 242 – a statute which makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. The requested information was provided to the DOJ earlier this month. At this juncture, the request was for a review of the investigative files only. only. After reviewing the files the DOJ may or may not request an investigation by the FBI. Because of the public interest in this particular officer involved shooting, the Bakersfield Police Department welcomes a review by an outside agency with the proper authority to review personnel investigations. It is not known how long the review process will take; however, the community will be notified of the result. Original Release July 10, 2010 On 7/9/10, at about 9:20 p.m., partnered Bakersfield Police Officers Noah Landers and Timothy Berchtold attempted to stop a 2001 Acura in the area of Cottonwood Road and Bradshaw Street for a vehicle code violation and suspicion the vehicle was an unreported stolen car. The driver of the Acura led the officers on a short pursuit into the neighborhood. During the pursuit, the officers could see the vehicle was occupied by at least two suspects, the driver and front seat passenger. The driver of the Acura ultimately drove south into the 1400 block of Windsor Street and stopped where the street dead ended into a sloped embankment. The officers and witnesses reported as the officers exited the patrol car to make contact with the suspects, the front seat passenger exited and ran, at which point the suspect vehicle began backing toward the officers, striking the police car. Both officers fired multiple times at the driver, incapacitating him. A third passenger, a 17 year old male, emerged from the back seat of the vehicle and was taken into custody. The 15 year old male driver (Traveon Avila) was taken to Kern Medical Center where he was pronounced deceased. The 17 year old male passenger was arrested for conspiracy, auto theft, and participation in a criminal street gang. After an extensive search of the area, the front seat passenger was not located. He is described as a Black male, 25 years old, 5’9” to 6’0” tall, wearing a white tank type tshirt. The Acura was determined to be stolen during a residential burglary on 6/5/10. The officers have been placed on routine administrative leave. The investigation is continuing. Review Board Release August 2, 2010 On 7/30/10, the Bakersfield Police Department Critical Incident Review Board met and reviewed the facts and circumstances surrounding the officer involved shooting which occurred on 7/9/10, in the 1400 block of Windsor Street. The Review Board concluded that the shots fired by Officer Timothy Berchtold and Noah Landers were within department policy and within state and federal guidelines. The Review Board consisted of Assistant Chief Lyle Martin, Captain Kevin Stokes, Captain Robert Bivens, and Captain Joe Bianco. Police Chief Greg Williamson reviewed the investigation and concurred with the Review Board’s findings.