originally published at www.pressdemocrat.com
Safety concerns cited in withholding name of deputy in shooting
By JULIE JOHNSON
THE PRESS DEMOCRAT
Published: Friday, June 11, 2010 at 6:37 p.m.
Officials Friday continued to refuse to release the name of a Sonoma County Sheriff’s deputy who shot and killed a Santa Rosa man June 1.
Sheriff’s officials were investigating possible threats made against the deputy to see if they posed legitimate safety concerns for the man, Capt. Matt McCaffrey said.
“If there are questions to his safety or his family’s safety, we need to make sure we’ve looked at them,” McCaffrey said. “We might have an answer by mid-week next week.”
McCaffrey also refused to release information about the deputy’s history with the force, including his length of service with the sheriff’s office and whether he’s been involved in officer-related shootings in the past.
“Very minimal information can point specifically to people,” McCaffrey said.
Law enforcement agencies may be legally justified in withholding a name right after a shooting if there’s a “clear and direct threat” to the person’s safety, said Terry Francke, general counsel with Californians Aware, a nonprofit public records group. But Francke said there’s no legal basis to withhold that information indefinitely.
“I don’t think there should be some automatic assumption that officers who kill someone should be kept anonymous until the department is satisfied that there are no threats out there,” Francke said. “If that’s going to be the rule, then let’s apply it to everyone.”
The deputy was put on administrative leave with pay, part of normal department policy, after he shot Albert Mike Leday, Jr., 49, in front of Coddingtown Mall at Guerneville Road and West Steele Lane.
Leday had led deputies on a high-speed chase from Santa Rosa’s Larkfield neighborhood to a road leading into a Coddingtown Mall parking lot, where he crashed into a light pole.
Police investigating the incident reported that Leday got out of his car and refused to comply with multiple commands to surrender. Witnesses said they saw Leday reach for something behind his back. The deputy fired three times, and struck Leday once. Leday died from a gunshot wound to the chest.
No weapon was found at the scene, despite a thorough search of the area, police said.
Santa Rosa Police Department officials are investigating the shooting because of a countywide protocol that calls for an outside agency to look into the matter, however Lt. John Noland said Thursday that his department would defer to the sheriff’s office in releasing the deputy’s name.
McCaffrey said it was “normal procedure” for the employer of the law enforcement officer under investigation to be the agency to release the employee’s name and background information.