OPD Chief Anthony Batts at Jan 6 media event
What started as a “routine traffic stop” led to the “greatest tragedy in the Oakland Police Department's history,” says an independent report on police mistakes surrounding the March 21, 2009 pursuit and shooting of Lovelle Mixon. Four officers died in that incident.
The report, released by police Wednesday night, describes a chaotic police response. Police Chief Anthony Batts agreed with the searing report's findings. But he also insisted that the perception that “everything went wrong” on this case is incorrect.
“We will build on those things that we did well, we will correct those areas that were flawed," Batts vowed. “We will improve.”
Editor's note: OL contributor Reginald James was one of only a few people not affiliated with mainstream media to attend the Oakland Police Department Jan. 6 press conference about the report. Here's the full report. Oakland Local will post a summary of it soon. Story continues below:
Independent Board of Inquiry Into the Oakland
When the smoke cleared, four officers were dead: Sgt. Mark Dunakin, John Hege, Sgt. Ervin Romans and Sgt. Dan Sakai. All were killed by 26 year old parolee Lovelle Mixon, who was eventually killed by police.
The solemn press conference convened Wednesday night following an afternoon briefing of the officers’ families, as well as a briefing of OPD staff earlier that evening.
“There were many good, solid decisions that were made on that scene that day by command staff,” Batts said. “Many courageous, selfless acts took place that day that should be heralded and honored.”
Batts -- who applied to be city’s top cop following the shooting--vowed OPD would be transparent and would use the incident to become a better police force. He added that some officers had been reassigned following the incident.
Lt. Brian Medeiros, who headed the investigation, described the initial shooting of Sgt. Mark Dunakin and Officer Hege as summarized in the report. Dunakin stopped Mixon for running a stop sign on MacArthur Blvd, according to police. Initially, it was a “low stress” encounter until it was discovered that the driver’s license was fake.
Dunakin, now joined by Hege, approached the vehicle on the driver’s side when Mixon reached out of the window and “shoots him multiple times, basically at point blank range.” After being hit “multiple times,” Dunakin stumbles backwards while the suspect continues shooting “one round after another,” according to Medeiros. However, this appears to contradict the report which states Mixon “methodically shot each officer twice.”
Mixon then “shoots both fallen officers in their backs as they're down,” Medeiros said.
Capt. Ben Fairow, who chaired the Board of Inquiry, used a diagram to outline to the audience what took place in the apartment Mixon fled into.
A total of seven officers entered the apartment. Immediately upon entry, officers were fired upon, according to Medeiros. Sgt. Patrick Gonzalez was the first officer to enter the apartment, followed by Sgt. Erv Romans who was shot seconds after entry. Gonzalez – who shot and killed Gary King, Jr. in 2007 – was also wounded.
Fairow said Mixon was firing from the back bathroom while retreating to bathroom. As he fired, an officer shots at him as he went through the door, Farrow told the audience.
After Batts whispered to Fairow, he recalled the report’s commendation of officers for not shooting Mixon’s younger sister Reynete Mixon, who was also in the apartment.
“Prior to getting to the bathroom, light sound diversionary devices were used upon entry,” explained Fairow. These “stun grenades, or “flash bangs” are “concussive in nature,” according to Fairow. One that was thrown into the bathroom “flushed Mixon’s sister out, and she came running out towards the team.”
The report lauded the team’s expertise at holding their fire, they call it ‘fire country”, their quickly identifying the fact that she wasn’t a threat, and allowing her to pass through while they were still under fire from Mixon, with a high powered rifle.”
The report; however, neglects to mention the use of these explosive devices Fairow mentions in the apartment.
Another stun grenade was then used to enter the back room. Sgt. Sakai – who used canines to track Mixon to the apartment – was the first to enter the room and was mortally wounded. The remaining officers, including a now wounded Gonzalez entered into the background and killed Mixon. The entire episode lasted less than two hours, according to police.
Assisting Chief Howard Jordan, who ordered the report nine months ago as acting chief, said the goal of the investigation was to “ensure that this doesn’t happen again.”
“The Board found there was a lack of command and control that led to the hasty decision to enter that apartment building,” Jordan said, adding that Chief Batts “has taken appropriate actions to remedy those recommendations.”
Jordan declined to state the names of those officers who were disciplined, and asked the media not to disclose that information.
Police were not aware that the Mixon’s sister was in the apartment, according to Jordan, who called her injuries “superficial.” Mixon’s sister recently filed a claim against the city.
He also cited the police officers Bill of Rights as to why names were not identified in a public document.
Police were criticized for releasing the report less than two hours before the press conference, resulting in primarily mainstream news outlets being the only media in attendance. Police said the rationale was because they wanted to speak to the officers’ families first, then the other members of the police force, and finally with the media and the public.
When asked what could’ve been done differently, the OPD doubted that the whole incident would’ve had a different outcome with different methodology.
“I don’t know if they had done anything different that the results would not have been the same,” Jordan said. “Lovelle Mixon was determined, willing and capable of doing what he did.”
Prior to the press conference, police brought in two weapons as “props” to demonstrate the type of weapons used to kill the officers.
Police also said that Mixon was positively identified as a suspect in the sexual assault of two women that same morning, as well as the sexual assault of a 12 year old and a Modesto home invasion in February.

If chief Batts fails to address the real reason those mistakes were made this will happen more. If any of you watched the news reports while this was going down, you would have seen the anger and hate on the faces of the police running around with their guns cocked.
I called my family members and told them to stay inside, why? because I knew that it was open season on any black face in the city and that they may get shot if caught outside. You see, For some reason no one seems to speak the truth about the relationship between the police and the "Black" community. History is speaking to us all, Chief Batts must speak to the real issues at hand. First off, why do Black people hate the police? What happens to people when they are stopped by the police, how are they treated? I was riding with my son who was about six at the time.His mother was driving and I was in the passanger seat, she made a wrong turn or failed to use her blinkers or something, when the officer pulled us over, I asked why we were being stopped? I was polite and was not hostile in any way. I was told to "shut the fuck up " Even my son felt the disrespect and the hint of something violent if I spoke agian as it is my right to do.
This one sided view of some that police are all good people and the Americans who are black are the scum of the earth and should be treated as such is rooted in our history. Some of you must remember that Blacks were once the slaves of Whites and had "no rights that had to be respected by the lowest of white folk". Yes I am saying that race and the history of white police officers treating blacks like shit played a role in this outburst of hate and violence by Mr. Mixon. Do any of you remember the reasons for the creation of the Black Panther Party? Chief Batts must speak to these issues and weed out officers who treat black Americans like this and he will find that most of us want to like and support our police, up to that point my son always said " I want to be a police man, after that he never mentioned the police anymore. His view of the police was positive before he watched his mother and father treated in this way. Officers must realize that their actions have an impact on young minds as well as the community as a whole.
A large part of black Americans are locked out from the start, the parents in the black community are stuck in the muck just trying to feed and house their kids while the streets and the schools are feeding their minds with retarded views. What happend to Mr. Mixon that made him snap? What happens to all of us who want to snap? Public officials abuse us and forget our needs as blacks in a country who once viewed us as property and less than dirt, the press and the reporters write reports that fan the flames of race hate and when the system breaks down and shit goes wrong, blacks have no one to turn to to correct the wrong. I feel bad that these men lost their lives and their families are suffering. I also know that more than four Black men and women in Oakland have been shot and killed by white police officers and no one seems to care as much. Yes folks we as Black and White Americans must deal with our history or this kind of tragedy will happen more often than not.
I read the news blogs and comments page in the other major papers and I knew that RACE plays a role in almost all conflicts with police and the community. The white folks write comments like, kill all the rats in Oakland and "they all should be shot down like the animals they are" who are they refferring to? Blacks. You should see the thumbs up they get for wanting to use the "final solution" My family lost a member to a bad shooting by an Oakland police officer who knew that it was ok to shoot a black man in the back while running away. And we still felt that what Mr. Mixon did to those officers was stupid and wrong and we felt no joy for their deaths.
Chief Batts must deal with the race issue in the community and on the police force before anything gets better, no more planting evidence on people, no more disrespectful treatment, no more false reports that sends our people to prison. Its things like this that makes the relationship between the police and the black community less than good. Just demonizing one group and not dealing with the root cause of hate will serve none of us. The courts and the DA must stop this thing they are doing to us, I see it I feel it and I have lived it. It takes a lot to control yourself in the face of unchecked hate and abuse of power by the criminal just-us system. It will take some good white people to demand change amoung their community and the good black people must demand that their families control their anger until we get this race stuff worked out.
In the meantime can some real smart people run for office in this city and create some jobs and revamp the schools system so that companies will hire educated people from our community. If we don't get down to the roots this stupid,painfull act will repeat and then what will we do, have the race war some you want. History is speaking to us all, lets listen and take corrective action to " Make Oakalnd Better Now".