Firearm Project, Alameda County, CA

Brian Freskos filed this request with the Alameda County Sheriff Department of Alameda County, CA.
Status
Completed

Communications

From: Ben Hallman

Hi,

Pursuant to the state’s public records law, I am requesting access to and copies of records from your agency as part of our continuing coverage of gun trafficking. I have broken the request into three parts, each of which details the records that we are seeking. As expressed below, the date range for each part of this request is January 1, 2010 to the present:

1) Detailed information on stolen guns

It is our understanding that law enforcement agencies keep detailed records about firearms that were reported stolen by the citizens they serve. We are therefore requesting the following for each case of reported firearm theft in your jurisdiction:

-- The police report number and/or incident number for the firearm theft
-- The serial number, make, model, caliber, type and any other descriptive information for each firearm that was reported stolen

We would appreciate if this data was provided in a spreadsheet. If a spreadsheet is provided, please provide any record layout and/or code sheets.

The date range for this part is January 1, 2010 to the present.

2) Detailed information about crime guns

Second, it is our understanding that law enforcement agencies maintain detailed records about firearms that were used in crimes, recovered at crimes scenes or seized during investigations in their jurisdictions, including the make, model and serial number of each gun. We are therefore requesting the following:

-- The following records regarding firearms used in crimes in your agency’s jurisdiction, recovered at crime scenes or seized during investigations: the make, model, and serial number of each gun; the date of the crime; the police report number for the crime; the type of crime the firearm was used in; and the address where the crime was committed.

If your agency maintains a spreadsheet or database containing these records, we ask that you please provide that database. I would be grateful if this data was collated into a spreadsheet where each row represents one case, the same as part 1) “Detailed information about stolen guns.”

I would like to note that we are not at this time seeking copies of police reports or any other investigative records associated with these crimes; we are only seeking information about the firearms used and some general information about the crimes that is generally released to the public.

The date range for this part is also January 1, 2010 to the present.

3) Detailed information on lost, stolen or unaccounted for law enforcement guns

Finally, it is our understanding that law enforcement agencies maintain detailed records about firearms that, while under the control and/or in the possession of their employees, went missing, were lost or stolen, or are otherwise accounted for. Therefore we request the following:

-- Any and all records of department-issued firearms that were lost, stolen, went missing or are otherwise accounted for.

-- If your department does not issue firearms, then we ask for any and all records of firearms that were lost, stolen, went missing or otherwise became unaccounted for while under the control and/or in the possession of one of your employees.

The records should include but not be limited to the following:

• The make, model, serial number and caliber of each lost or stolen firearm
• The location and address where the firearm was stolen
• The date of the loss or theft.
• The date the lost or theft was reported
• Whether each lost or stolen firearm was recovered
• If the lost or stolen firearm was recovered, the date and location of the recovery
• A description of how the firearm was lost or stolen
• Whether negligence on the part of the employee is/was suspected in the loss or theft of the firearm
• Whether the employee in control of the firearm retired, was terminated or otherwise left the department, and if so, the date and circumstances of the employee’s departure and whether his or her gun was retrieved and/or recovered.
• Any other individual reports and findings on the individual lost or stolen firearms

The records should include but not be limited to databases, reports, memos, internal affairs investigations, emails or other correspondence, and/or any other records.

The date range for this part is also January 1, 2010 to the present.

Please label each record in a clear manner. As a news organization, we will be making information obtained from this request available to the general public and are not requesting it for commercial purposes.

In the event that there are fees, I would be grateful if you informed me of the total charges before completing my request. We request that if you send an invoice, you make it out to The Trace.

I would prefer the requested information be sent via an e-mail attachment if available, or a mailed CD-ROM if not. If standard mail must be used, we ask that you send the request to the following address:

The Trace (at WeWork)
Attn: Brian Freskos
428 Broadway
New York, NY 10013

Thank you in advance for your help with this request. I look forward to receiving your response. If you have any questions or concerns, do not hesitate to contact me on my cell phone: (919) 522-6354

Sincerely,

Brian Freskos

From: Wichman, Paula C., Sheriff

Mr. Freskos,
This is email No. 4 from the Alameda County Sheriff's with documents that show the current status of evidence firearms from January 2010 through August 2016. Now you should have now received all four emails and at this time no emails have been kicked back to me.
Regards,

Paula

Alameda County Sheriff's Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

From: Wichman, Paula C., Sheriff

Mr. Freskos,
This is email No. 3 from the Alameda County Sheriff's with documents that show the current status of evidence firearms from January 2010 through August 2016.
Thank you,

Paula

Alameda County Sheriff's Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

From: Wichman, Paula C., Sheriff

Good afternoon Mr. Freskos,
Pursuant to California Government Code section 6253(c), we write in response to the inquiry that you made to the Alameda County Sheriff’s Office (“ACSO”) under the California Public Records Act, which we received on, October 31st, 2016. We note that the Requests are limited only to records in our custody and control.
Please note that we will not produce documents that are privileged or otherwise exempt from disclosure pursuant to California Government Code section 6254(k). This includes documents protected by the attorney-client privilege, attorney work product, and official information privileges.

No preliminary drafts or memorandum not normally kept in the ordinary course of business will be produced pursuant to California Government Code section 6254(a).

We will not produce documents that are subject to copyright protections, contain trade secrets, and/or proprietary and/or confidential information. See California Government Code sections 6253.9, 6254(k), 6254.9; California Evidence Code section 1060.

We will not produce documents exempt from disclosure under the deliberative process privilege. See Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325.

No documents will be produced where “the public interest served by not disclosing the record clearly outweighs the public interest by the disclosure of the record” under California Government Code section 6255. Additionally, no documents will be produced if they contain personnel, medical, private, confidential, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy under California Government Code section 6254(c). And, to the extent any of the records you are requesting are the subject of ongoing litigation and/or pending investigations, and/or are law enforcement investigatory records, such records are exempt from production. See Government Code sections 6254 (b), (f).

In addition, no documents or records will be produced to the extent such a production would violate California Penal Code §§ 832.7, 832.8, 11076, 13072, or Evidence Code § 1043.

Furthermore, as we review your Requests, we may discover other applicable privileges and/or exemptions under Government Code sections 6254, 6255, 6256 or other applicable laws, and we reserve all rights to assert those at any time.

The Alameda County does not maintain the records and/or track information as you have requested. We can, however, provide the attached information. The documents show the current status of evidence firearms from January 2010 through August 2016. Due to capacity size you will be receiving four emails with the attached documents along with the appropriate redactions.

Listed below is the information regarding our stolen law enforcement weapons. All but one firearm was stolen during an auto burglary and that was taken by a bystander at a rollover accident. Also only one individual is no longer an employee with us due to resigning to work for another agency. This gun was recovered by the San Joaquin Sheriff’s Office while still working as a deputy for ACSO.

Besides what is listed as below the Alameda County Sheriff’s Office has no unaccounted for weapons for the period you requested.

MAKE

MODEL

CALIBER

TYPE

DATE STOLEN

DATE RECOVERED

ACSO REPORT #

Crime

City

Sig-Sauer

P226R

.357 Sig

SAP

7/12/2010

Not Recovered

10-011844

459 Auto

Dublin

Sig-Sauer

P226R

.357 Sig

SAP

10/1/2011

Not Recovered

11-015863

459 Auto

Castro Valley

Sig-Sauer

P226R

.357 Sig

SAP

2/16/2012

Not Recovered

12-002763

459 Auto

Redwood City

Sig-Sauer

P226R

.357 Sig

SAP

2/25/2012

Not Recovered

12-003433

459 Auto

Richmond

Sig-Sauer

P226R

.357 Sig

SAP

10/24/2012

Not Recovered

12-018549

459 Auto

Dublin

Sig-Sauer

P226R

.357 Sig

SAP

7/6/2013

SJCo. SO Rec. 7/12/13

13-011415

459 Auto

Manteca

Sig-Sauer

P226R

.357 Sig

SAP

10/27/2013

Not Recovered

D13-03142

459 Auto

Manteca

Sig-Sauer

P226R

.357 Sig

SAP

12/21/2013

Not Recovered

13-022169

459 Auto

Manteca

Sig-Sauer

P226R

.357 Sig

SAP

7/18/2014

Not Recovered

D14-02142

459 Auto

Dublin

Sig-Sauer

P226R

.357 Sig

SAP

1/30/2015

Not Recovered

15-001748

459 Auto

Oakland

Sig-Sauer

P226R

.357 Sig

SAP

4/30/2015

OPD Rec. 07/01/2015

15-007353

459 Auto

Oakland

Sig-Sauer

P226R

.357 Sig

SAP

7/29/2015

Not Recovered

15-012972

487 rollover accident

Livermore

Sig-Sauer

P226R

.357 Sig

SAP

5/15/2016

Martinez PD Rec. 5/15/16

16-008540

459 Auto

San Ramon

Sig-Sauer

P226R

.357 Sig

SAP

9/10/2016

Not Recovered

Concord 16-13937

459 Auto

Concord

Kind regards,

Paula

Alameda County Sheriff’s Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

Begin forwarded message:

From: Wichman, Paula C., Sheriff

Mr. Freskos,
This is email No. 2 from the Alameda County Sheriff's with documents that show the current status of evidence firearms from January 2010 through August 2016.
Thank you,

Paula

Alameda County Sheriff's Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

From: Ben Hallman

Thank so much for this.

I would like to followup and request every report for a stolen law enforcement weapon. I copied the case numbers here:

10-011844
11-015863
12-002763
12-003433
12-018549
13-011415
D13-03142
13-022169
D14-02142
15-001748
15-007353
15-012972
16-008540
16-13937

From: Wichman, Paula C., Sheriff

Email No. 2 of 3

Alameda County Sheriff's Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

From: Wichman, Paula C., Sheriff

Good afternoon Mr. Freskos,

Pursuant to California Government Code section 6253(c), we write in response to the inquiry that you made to the Alameda County Sheriff’s Office (“ACSO”) under the California Public Records Act, which we received on, November 11th, 2016. We note that the Requests are limited only to records in our custody and control.

The Alameda County Sheriff’s Office has located the requested police reports and they will be attached via email. Due to the capacity size you will be receiving three emails and the reports are redacted as necessary.

Kind regards,

Paula
Alameda County Sheriff’s Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

From: Wichman, Paula C., Sheriff

Email No. 2 of 3

Alameda County Sheriff's Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

From: Wichman, Paula C., Sheriff

Email No. 3 of 3

Alameda County Sheriff's Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

From: Ben Hallman

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Brian

From: Wichman, Paula C., Sheriff

You are welcome.

Paula

Alameda County Sheriff’s Office - Internal Affairs
Paula Wichman - Sheriff's Technician
1401 Lakeside Drive, 7th Floor | Oakland, CA 94612
office: 510.208.9805|fax: 510.208.9803|qic: 26017
https://www.alamedacountysheriff.org/

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