Police Commission reviews firearm-discharge cases and questions policy on shooting at moving vehicles

The San Francisco Police Commission on April 15 heard a quarterly report from Sergeant Mike Nevin on officer-involved firearm discharges and pressed department officials about the policy and training that govern firing at or from moving vehicles.

Sergeant Mike Nevin told the commission that the Firearm Discharge Review Board met March 17 to review five officer-involved discharge cases, with mixed findings: some incidents were found "not in policy" and recommended for admonishment and retraining, while others were found "in policy." He said the board had unanimously accepted several findings and recommended retraining or admonishment where appropriate.

Why it matters: Commissioners said the cases raised questions about whether written policy reflects actual training. Nevin cited the department's general order 5.02, saying "officers shall not fire at or from a moving vehicle unless they'reasonably cause to believe that he or she or others is in imminent danger of death or serious bodily injury," and that in the reviewed cases that standard informed the board's determinations.

Commissioners asked whether the department conducts training scenarios that include firing from a vehicle an officer is driving. Nevin said the department's training videos and range work address engaging a threat in or from moving vehicles, but acknowledged the department does not routinely train officers to fire from a vehicle they are driving. "I don't believe we have any training scenario specific to that," he said, while adding the general order allows for exigent actions when imminent danger exists.

Chief Heather Fong acknowledged that a PERF (Police Executive Research Forum) recommendation includes revisiting general order 5.02. She told the commission that training and the written policy are not perfectly aligned and that a revised general order will be brought to the commission for adoption.

Sergeant Nevin also summarized the department's OIS caseload: seven open officer-involved shooting matters were listed on the status sheet, of which two were pending investigation, two were pending the Firearm Discharge Review Board, two were in the process of summary-letter drafting, and one summary letter was near completion and awaiting any chief hearing report.

The commission sought clarity on case-specific details and training implications; staff said they would provide the documentation and incorporate a revised general order for the commission's review. The commission did not take a formal vote on policy changes at the April 15 meeting.