Killed by San Diego Law Enforcement: 1970 - Present

RE: 16-26 PRA

Mr. Aaron Leaf
I am a designated custodian of records for the San Diego County District Attorney's Office, responsible for compliance with the California Public Records Act (CPRA).
Pursuant to your Public Records Request made on April 1, 2016, this Office conducted a reasonable search for records, and has been unable to identify a record responsive to your request. This Office does not possess a record containing "A complete list of all names of persons killed by all agencies of law enforcement in San Diego County California, including but not limited to San Diego Police Dept., San Diego Sheriffs Dept., National City Police Dept., Chula Vista Police Dept., La Mesa Police Dept., Coronado Police Dept., Oceanside Police Dept., San Diego Harbor Police Dept. and Escondido Police Dept. including all dates of incident and names of all officer(s) involved, from 1970 to present." An agency is not required to create a new set of public records in order to provide a response to a CPRA request. (Fredericks v. Superior Court (2015) 233 Cal.App.4th 209, 227.)

Having been unable to identify a record responsive to your request, this office, after a reasonable inquiry, further determined that we do not have an existing electronic database which could be reconfigured to provide you with "A complete list of all names of persons killed by all agencies of law enforcement in San Diego County California, including but not limited to San Diego Police Dept., San Diego Sheriffs Dept., National City Police Dept., Chula Vista Police Dept., La Mesa Police Dept., Coronado Police Dept., Oceanside Police Dept., San Diego Harbor Police Dept. and Escondido Police Dept. including all dates of incident and names of all officer(s) involved, from 1970 to present." (See Sander v. State Bar of California (2013) 58 Cal.4th 300, 327.)

Sincerely,
Karl Husoe

Deputy District Attorney

RE: 16-37 PRA (Reference 16-26 PRA)

Mr. Leaf,

I am a designated custodian of records for the San Diego County District Attorney's Office responsible for compliance with the California Public Records Act (CPRA). I am in receipt of your email, dated April 30, 2016, in which you are requesting ". . . a list similar to the officer involved shooting list on SD District Attorny's (sic) website here: http://www.sdcda.org/office/officer-involved-shootings.html. However. I am inquiring a complete list dating back as far as possible, also including agencies involved as well as names of officers involved and date of incident."

This office does not have a pre-existing record responsive to your request. An agency is not required to create a new set of public records in order to provide a response to a CPRA request. (Fredericks v. Superior Court (2015) 233 Cal.App.4th 209, 227.) A list of officer involved shootings, dating back as far as possible, also including the agencies and names of officers involved and date of incident, would have to be manually created from a review of each officer involved shooting incident. Furthermore, our pre-existing database cannot be reconfigured to generate a record responsive to your request. (See Sander v. State Bar of California (2013) 58 Cal.4th 300, 327.) Just as the California Public Records Act does not require an agency to create a new set of records to respond to your request, the act likewise does not require an agency to create an entirely new database so that a records request can be fulfilled.

Sincerely,
Karl Husoe
Deputy District Attorney