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HomeMy WebLinkAboutInitial CPRA ResponseMarch 26, 2026 The City has received your request for records under the California Public Records Act re: “OƯicer-Involved Shooting of Willie Felton Foster Jr. (Incident #260228068)” dated March 16, 2026. Your request has been reviewed by Sadie Symens, Deputy City Attorney, and Eric Wooten, Paralegal. The City’s initial response pursuant to Government Code 7922.535 is below. The City will comply with all future statutory deadlines governing further disclosure, including those found in Government Code 7923.625 and Penal Code Section 832.7 related to critical incidents. I. Audio and Video Records 1. All body-worn camera footage from all oƯicers who responded to or were present at the scene, including but not limited to footage from the oƯicer who discharged their weapon. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive footage when that release will not jeopardize those investigations. (Govt. Code § 7923.600, § 7923.625.) The City reserves the right to redact any future video releases depicting the critical incident in order to protect the privacy of the next of kin under Gov. Code § 7922.000. 2. All dashboard camera footage from all patrol vehicles that responded to or were present at the scene. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive footage when that release will not jeopardize those investigations. (Govt. Code § 7923.600, § 7923.625.) The City reserves the right to redact any future video releases depicting the critical incident in order to protect the privacy of the next of kin under Gov. Code § 7922.000. 3. All 911 audio recordings of the five emergency calls received between 4:44 p.m. and 4:53 p.m. on February 28, 2026, regarding this incident. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive audio when that release will not jeopardize those investigations. (Govt. Code § 7923.600, § 7923.625.) The City reserves the right to redact these recordings to protect the identity of callers under Gov. Code § 7922.000 and Evid. Code, § 1040(a). 4. All dispatch audio recordings related to this incident, including initial dispatch, o Ưicer communications, and requests for emergency medical services. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive audio when that release will not jeopardize those investigations. (Govt. Code § 7923.600, § 7923.625.) The City reserves the right to redact these recordings to protect the identity of callers under Gov. Code § 7922.000 and Evid. Code, § 1040(a). 5. Any additional video footage not yet released beyond the in-car video already made publicly available, including any footage from subsequent arriving o Ưicers or supervisors. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release additional responsive footage when that release will not jeopardize those investigations. (Govt. Code § 7923.600, § 7923.625.) The City reserves the right to redact any future video releases depicting the critical incident in order to protect the privacy of the next of kin under Gov. Code § 7922.000. Video not depicting the critical incident is exempt from disclosure under the investigatory exemption in Gov. Code § 7923.600. See also Haynie v Superior Court (2001) 26 C. 4th 1063. II. Incident Reports and Documentation 6. The complete incident report(s) for Incident #260228068, including all supplemental reports, narratives, and attachments. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Penal Code § 832.7; Govt. Code § 7923.600) The City reserves the right to redact these documents to protect the identity of witnesses and complainants, as well as the identity of next of kin under Gov. Code § 7922.000 and Evid. Code, § 1040(a). 7. All use of force reports completed in connection with this incident, including any required reviews or approvals by supervisory personnel. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Penal Code § 832.7; Govt. Code § 7923.600.) The City reserves the right to redact these documents to protect the identity of witnesses and complainants, as well as the identity of next of kin under Gov. Code § 7922.000 and Evid. Code, § 1040(a). 8. All oƯicer statements taken in connection with this incident, including statements from the oƯicer who discharged their weapon and any other oƯicers present at the scene. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Penal Code § 832.7; Govt. Code § 7923.600.) The City reserves the right to redact these documents to protect the identity of witnesses and complainants, as well as the identity of next of kin under Gov. Code § 7922.000 and Evid. Code, § 1040(a). 9. All witness statements taken in connection with this incident, including statements from the five 911 callers and any other witnesses. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Penal Code § 832.7; Govt. Code § 7923.600, § 7923.625.) The City reserves the right to redact these documents to protect the identity of witnesses and complainants, as well as the identity of next of kin under Gov. Code § 7922.000 and Evid. Code, § 1040(a). 10. The coroner's report or autopsy report for Willie Felton Foster Jr., including cause and manner of death determination. No records responsive to this request. 11. All evidence logs and chain of custody records related to this incident, including documentation regarding the weapon recovered at the scene. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Govt. Code § 7923.600; Penal Code § 832.7.) The City reserves the right to redact these documents to protect the identity of witnesses and complainants, as well as the identity of next of kin under Gov. Code § 7922.000 and Evid. Code, § 1040(a). 12. All photographs taken at the scene, including photographs of the weapon, the scene layout, and any other evidence collected. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Penal Code § 832.7; Govt. Code § 7923.600) The City reserves the right to redact photographs to protect the privacy of the next of kin under Gov. Code § 7922.000. 13. Any crime scene diagrams, sketches, or maps created in connection with this incident. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Penal Code § 832.7; Govt. Code § 7923.600.) The City reserves the right to redact these documents to protect the privacy of the next of kin under Gov. Code § 7922.000. 14. All emergency medical services records related to the response and treatment of Willie Felton Foster Jr., including CAD (Computer Aided Dispatch) records showing the request for EMS at 4:54 p.m. and their arrival time. Records containing protected health information are exempt from disclosure under Govt. Code § 7927.700. The City of San Luis Obispo Fire Department has produced the attached NERIS document in response to this request. There are no further releasable documents to this request. III. OƯicer Records (SB 1421/SB 16) 15. All records related to the discharge of a firearm by the o Ưicer involved in this incident, as required by California Government Code Section 7923.600 et seq. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release the identity of the oƯicer involved in the incident when that release will not jeopardize those investigations. If there are any records responsive to this request, those records will also be released at that time. (Penal Code § 832.7; Govt. Code § 7923.625.) 16. Personnel records of the oƯicer(s) who discharged their weapon, including: ● Training records related to use of force, de-escalation, crisis intervention, and distinguishing real firearms from replicas ● Hiring and background investigation records These records are exempt from production under Pen. Code, § 832.7 (a) and Towner v. County of Ventura (2021) 63 Cal.App.5th 761. ● Any prior use of force incidents ● Any prior complaints or disciplinary actions related to use of force The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release the identity of the oƯicer involved in the incident when that release will not jeopardize those investigations. If there are any records responsive to this request, those records will also be released at that time. (Penal Code § 832.7; Govt. Code § 7923.625.) 17. Any internal aƯairs investigations related to this incident, including any findings, recommendations, or disciplinary actions. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release the identity of the oƯicer involved in the incident when that release will not jeopardize those investigations. If there are any records responsive to this request, those records will also be released at that time. (Penal Code § 832.7; Govt. Code § 7923.625.) IV. Policies, Procedures, and Training 18. Current use of force policies in eƯect on February 28, 2026, including policies regarding: ● Deadly force authorization ● Threat assessment procedures ● De-escalation requirements ● Encounters with individuals experiencing mental health crises ● Encounters with individuals armed with replica or toy weapons 19. Training materials and curricula related to: ● Use of force decision-making ● De-escalation techniques ● Crisis intervention ● Identifying replica, toy, or fake firearms ● Responding to calls involving potentially mentally ill individuals SLOPD policies and procedures can be found online at: https://www.slocity.org/government/department-directory/police-department/sb-978- police-department-policies-procedures-and-training-materials 20. Any after-action reviews, debriefings, or lessons-learned analyses conducted in connection with this incident. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Penal Code § 832.7; Govt. Code § 7923.600.) The City reserves the right to redact these documents to protect the privacy of the next of kin under Gov. Code § 7922.000 and to protect the identity of 911 callers and witnesses under Gov. Code § 7922.000 and Evid. Code, § 1040(a). V. Communications and Notifications 21. All internal communications (emails, text messages, memos) among department personnel regarding this incident, including communications with command sta Ư and the Chief of Police. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release non-exempt responsive documents when that release will not jeopardize those investigations. (Govt. Code § 7923.600; Penal Code § 832.7.) The City reserves the right to redact these documents prior to release according to the exemptions under the California Public Records Act. 22. All communications with the California Department of Justice regarding their investigation of this incident. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Govt. Code § 7923.600; Penal Code § 832.7.) The City reserves the right to redact these documents prior to release according to the exemptions under the California Public Records Act. 23. All communications with the San Luis Obispo County District Attorney's o Ưice regarding this incident. There are active administrative investigations by both the San Luis Obispo Police The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Govt. Code § 7923.600; Penal Code § 832.7.) The City reserves the right to redact these documents prior to release according to the exemptions under the California Public Records Act. 24. Records documenting notification of Willie Felton Foster Jr.'s next of kin. The City is withholding these records to protect the privacy of the next of kin under Gov. Code § 7922.000 and Evid. Code, § 1040(a). 25. All media releases and public statements issued by the department regarding this incident (beyond the February 28, 2026 release already provided). There are no additional responsive records at this time. VI. Additional Records 26. Any prior police contacts or reports involving Willie Felton Foster Jr. in San Luis Obispo, including CAD records, incident reports, or field interview cards. This request seeks records exempt from disclosure pursuant to California Gov. Code § 7923.600 and Penal Code §§ 13300 et seq. To the extent this request includes arrest records that might otherwise be disclosable under Govt. Code § 7923.615, Kinney v. Superior Court (2022) 77 Cal.App.5th 168, 178 aƯirmed that only certain contemporaneous policing information must be provided in response to a CPRA request. Because the information you are requesting is not limited to contemporaneous arrests, the information is exempt from disclosure. The police department does produce a daily police log dating back to 2024, which shows information for every call for service received by the department. This information can be accessed through this link: https://publiclogs.slocity.org/WebLink/Browse.aspx?dbid=0&repo=slopd&cr=1 27. Any records regarding the weapon recovered at the scene, including manufacturer information, photographs showing how it could be distinguished from a real firearm, and any analysis conducted. The San Luis Obispo Police Department and the California Department of Justice are actively conducting standard investigations of this critical incident. The City will release responsive documents when that release will not jeopardize those investigations. (Govt. Code 7923.600, 7923.625; Penal Code 832.7) The City reserves the right to redact these documents to protect the privacy of the next of kin under Gov. Code § 7922.000. 28. Records of any critical incident stress debriefings or peer support services provided to oƯicers involved in this incident. The City has no records responsive to this request.