slammed up against the wall. suspect taken into custody immediately, 19 years old. he is a documented gang member. he is on family probation in san francisco for participating in a street gang. he was on probation and transferred if sa san mateo couy and he was arrested in his group home with the shotgun in his possession. the suspect was then charged three counts of attempted murder, two counts ever murder, one count of participating in criminal street gang and one count of felon in possession of a loaded gun. lead investigators in this case, the major crimes unit, homicide and gang task force has the actual incident that resulted in this death. they're being supported by mission station, ournéj"s÷ patrl units, major accident team and

others. on january 5, our officers from southern station, working in collaboration with pg&e were able to make a very outstanding arrest on metal theft from copper wire on folsom street. it sells for $3 a pound. there were hundreds of pounds of metal that were attempting to be stolen. the suspect in custody was michael o'keefer, 55 years old. the officers recovered five high voltage copper wires, and a second suspect evaded police. on january 6, there was an incident i know many of us have heard about also, a very unfortunate incident the other night. a woman in her 20's was severely burned by a boyfriend.

suspect was identified as dexter oliver. it happened in the area of hollister street and jennings. suspect had thrown ignitable liquid onto the victim's body causing severe burns. victim was transported to san francisco hospital burn center where she is now actually suffering from life-threatening injuries. on january 7, mr. oliver -- we received information that area. in collaboration with the u.s. marshals and od, task force responded to that area, took mr. oliver into custody. he is charged with attempted murder and arson causing grave bodily injury. the victim is still in critical condition and since then -- this happened in broad daylight. we urge anyone who saw this incident to contact the police department.

there's quite an extensive list of reports. on january 7, around arguello area, i think many of us are familiar with that parking lot, there's an illegal recycling center being used there. the person running that center, mr. ed dunn started a community garden to go along with his recycling center. there was a court ordered eviction for him to leave on january 4, he was told to leave. he agreed that he would leave. 20, 25 people showed up to protest this on behalf of mr. dunn on the 7th. our police department was called. these protestors refused to leave. several other individuals had interlocked their arms on a bench in a makeshift greenhouse finally, there were three that were arrested for tying their arms and ropes to the equipment and officers removed the rest of the protestors.

also, i just would like to report to all of you commissioners that we have a new tool in place, due to our ever-changing and ever-growing technology abilities, we've now started what we call the lineup. the lineup is a crime prevention tool that allows the public to i sift us -- assist us in identifying suspects. when we need the public's help we have a video. this video is uploaded onto our website. anyone from the public can go to it, view the video, and contact us through social media or calling the tip line. this went into effect on december 4 of last year. and this is one tool that was used actually to identify the crime -- about identifying the suspect in the robbery that killed the dog.

in that case -- all of us have heard about that, that happened in the tenderloin, a small dog belonged to the robbery victim. the suspect picked the dog up, threw it across the street and the dog suffered an injury that led to his death. the victim pulled -- actually pulled the suspect -- car over to use a cell phone, and then at that point the suspect demanded money. that was a heinous case. we got a large public response. many people wanted to reach out and give a reward. because of the lineup we were able to make an identification. we haven't made an arrest but it is imminent in that case. we're glad to say that. finally, i'd like to report on -- i know the last quarter of 2012, director griffin told all of you about our new crime data warehouse and how we're going to

be writing reports and how that's going to go into the ucr reporting. and there was some issues that with the crime data warehouse, our old reporting system along with our booking cards we weren't really tracking the race and ethnicity of people that were being arrested. well, i'm glad to say that in the last quarter of last year, we implemented -- we developed a new booking card that had this information on it that officers could use -- these booking cards were put into place. and as of the end of the year, we were able to actually develop a report that came down very -- that came down -- that gave the officers ability to track all of the races including ethnicities and we ended up with almost 100% reporting. only one quarter of 1% was not entered. that's a big change. the chief using this new system will be able to report to you every month with our booking stats with race and ethnicities

to a finite number. >> president mazzucco: great. well thank you, chief, for are that very thorough report about the statistics and activities that's happened since new year's. i appreciate it. i want to thank the public for their participation. there's this new trend where we're starting to see the public help solve a lot of crimes, whether it's through the new website or people being fed up and assisting the police, and doing sketches. again, i appreciate it. so commissioner kingl kingly. >> commissioner kingsley: deputy chief, thank you very much firefighter your thorough informative report. i enjoyed it. just a couple of questions if i could please. the electronic lineup sounds like a terrific idea. it's been in place since december 4, is that right? >> yeah. >> commissioner kingsley: so it's about a month. how many responses have -- do you have any -- an idea of how many people's responded directly

as a result of this lineup? >> i don't have any hard numbers on that, unfortunately but i can tell you the way it works is that every week on a wednesday we put a new video into the lineup so a new case. so over the last six weeks, we have received information to help us solve at least three of the last six cases. that's really been helpful. >> commissioner kingsley: a and that's directly linked to the lineup. terrific. good. homicides, how many did we have with the closing of the year? >> 69. >> commissioner kingsley: 69. okay. and ou described one incident where an innocent by-standard was un -- by-stander was unfortunately in the line of the vehicle and that that person died. is that included in that classification, or is that classified otherwise? >> well, no. it is included as a homicide because the driver was charged with murder.

unfortunately -- however, it did occur after the new year so that was included in the 2013 numbers. >> commissioner kingsley: 2013. okay. thank you very much. >> you're welcome. >> president mazzucco: commissioner loftus. >> thanks, deputy chief. did we have 55 last year, homicides? is. >> 50, i believe. >> president mazzucco: three years in a row, we had 50. >> okay. i know the department has adopted a number of things in substance to the increase but i wanted to make sure i was clear on that. my other question is the 19-year-old murder case, the one that commissioner kingsley referred to, was he on felony probation out of san mateo county? >> out of san mateo county, he was transferred to san francisco. >> got it. and then i also know you talked about this, but i couldn't help but remember at our joint commission on the status of

women and police commission we talked about domestic violence and police commissioner talked about issues with young people and his line of work. i think just the horror that a 25-year-old mother was set on fire at about 12:00 in the afternoon in our city is -- there's not even a way that i can express it, you know, turning my stomach is the way we feel about it, just hearing about it. but i do think we made it through 2012 with no domestic violence homicides and to start off 2013 with such a horrific incident, president mazzucco, i don't know as we talk about community meetings i don't know if we have one set up to go to bayview or continue the threat of what we talked about how we can work with our partners on the community advocacy side and the victim advocacy groups but i feel that that community is probably covering significantly and just not making light of how horrific that could -- that incident was and that it could

happen in broad daylight in our city is something i think we have to respond to. so i'll be interested in the -- my fellow commissioners thoughts on how to best do that. that's it for me. >> >> president mazzucco: we will schedule our next commission meeting. i think we're next up for northern station. of work that around and also deal with bayview station, and have a meeting there. but i'm not quite sure where they come up in order in the line but we will talk about the scheduling. but i agree it's horrendous. it was bright daylight so there have to be witnesses that will need to come forward. commissioner turman. >> commissioner turman: i would agree with commissioner loftus that we do need to shine that light particularly where%(e know of incidents. but i don't want us to lose sight that domestic violence happens all over the city, in all neighborhoods, and that we need to show ourselves as a

commission all over the city and county of san francisco, that we are interested in those issues all over the city, where people don't make the reports. we need to go into those neighborhoods and let people know we're listening, and we're there as a resource as well. so i agree with commissioner loftus. let's be proactive, let's be a resource but let's not lose sight of where it's quietly happening. that's where we need to be as well. okay? >> president mazzucco: commissioners, anything further for the chief? please call line item 4(b), occ director's report. >> occ director's report, discussion, review of recent activities, presentation of the occ third quarter statistical report and presentation of the occ's monthly comprehensive statistical report and comparing reports for the periods january 1, 2012 through november 30, 2012 and january 1, 2011 through november 30, 2011.

>> president mazzucco: good evening, director hicks. >> good evening, president, commissioners, chief biel and members of the audience. commissioners, you have in your packet the occ third quarter 2012 report. that's the report that covers the period july 1, 2012 through september 30, 2012. that quarter, the occ received an adjusted total of 186 complaints of police misconduct or failure to perform a duty. and we closed 203 complaints. the occ sustained allegations of misconduct or for failure to take action and 13 complaints against san francisco police officers. that's a 6% sustained rate. the occ's mediation rate was 6% also. it mediated 12 cases during that quarter. the staffing at occ remains

stable. during the third quarter there were 15 journey level investigators. one had just completed probation. we're now in the process of filling two journey level investigator vacancies. in the level of training occ continued its strategic plan for training its employees. and san francisco lt. carl fabry and the violence reduction team concentrated on their work for the investigators. all occ staff viewed screening of the documentary film after innocence, that documents lives of exonerated innocent men wrongfully imprisoned for decades and released after dna proved their innocence. one was a police officer. in the area of investigation of cases the occ's case inventory, at the end of the 2012 third

quarter, was that up to that point the occ had opened 581 new cases with an adjusted total of 557 new cases, and adjusted total means that merged cases and voided cases are taken out of the number. and the occ also closed 629 cases. during that period, the occ closed 48 more cases than it opened. and we closed the quarter with 316 pending cases. that's 114 less pending cases in the close of the third quarter in 2011. by the end of the 2012-third quarter there were 15 pending cases for 2011 and -- for 2012. in looking at the case loads, the case closure statistics shows -- of having more investigators, lower case loads resulted as well as more timely closures.

during the third quarter the occ was staffed with 14 fully trained investigators and the the one investigator who just completed probation for a total of 15. the average case load was 21 cases. however, during the second quarter of 2012, the occ had 15 fully trained investigators in an average case load of 19 cases per investigator. so it's kind of going up and down between 19 and 21. still much lower than when i started at the occ. occ director five years ago when case loads exceeded 30 and some were up to 40 or more. during the third quarter of 2011, the year before, the occ had 12 investigators with an average case load of 35 cases. so there's a real difference between 2011 and 2012. occ investigators closed 203 cases in the third quarter 2012. 83% of those cases were closed

within nine months and only one case took more than a year to close but that was not a sustainable case that's a marked improvement over third quarter 2011 when of the 202 cases that closed, only 62% of them were closed within nine months. and 5% of them took more than a year to close. again those ones that took more than a year to close were not discipline cases. in the third quarter of 2011 and 2012, none of the cases took more than one year to close had sustainable allegations. quickly moving to sustained cases, the percentage of sustained cases was lower than in the third quarter of 2012 compared to 2011. as i stated earlier 6% sustained rate compared to an 8% sustained rate, 6% in 2012, 8% 2011. in the third quarter 2012occ sustained allegations in 13 cases. the number of days to close decreased in the third quarter

of 2012 compared to the third quarter of 2011. 54% of the sustained cases were completed within nine months in the third quarter of 2012 during the same period in 2011 only 32 were completed within nine months all were completed within 365 days. there continue to be impediments to the prompt completion of sustained cases. still larger than best practices case loads. active trial calendars for the prosecuting attorneys who also serve as advice attorneys on sustained cases and sustainability reviews, although the prosecuting attorneys, as you all know from your cases, don't have the trials that they had five years ago. they are still doing other legal work in the office. and then there's increased policy work for the policy analysts who also serve as advice attorney on sustain cases and sustainability reviews. during the third quarter of 2012

sustainesustained allegations of neglected duty in 12 and unfortunately five complaints were for sustainable allegation for failure to collect traffic stop data. it's a significant departure from the the improvement in the second quarter when only one or 8% of the 11 cases had neglect of duty allegation for failure to collect traffic stop data. as stated before though chief sir, who is now walking into the room does impose progress discipline for failure to get traffic stop data and it generally begins with admonishment but repeated offenses chief has recommended and the occ has prepared charges on his behalf to file charges with the police commission for the serious offenders. moving on to complaints of note,

occupy sf generated 10 complaints from 22 complainants in 2011 and those complaints were still being investigated in 2012. an additional complaint was filed in 2012 during the first quarter but was mediated during that quarter. allegations include unnecessary force, failure to provide medical attention, unwarranted seizure of property, doj first amendment guideline, issuing invalid orders, unwarranted handcuffing, citation and arrest, selective enforcement. in 2011, complaints were closed one with proper findings and the other with a not sustained finding and a proper conduct finding. as irt third quarter eight complaints remain under investigation and those were merged into only three complaints that were still under investigation during the third quarter. moving to single room occupancy

hotels, 2011, three complaints were filed involving multiple officers regarding unlawful entry and searches of single occupancy hotels. other allegations included unlawful search of purses, unlawful detention and unlawful arrest. failure to properly process property, allegations of theft of property including laptops and cameras, failure to investigate, failure to supervise inappropriate behavior. these cases remain in occ's inventory. they're on hold as other government agencies investigate those allegations. during the third quarter, one complaint was filed in an officer-involved shooting. it did not involve death of a suspect. during the third quarter we had five shooting cases resulting in a death of a suspect. the illegal unit, two trial attorney and policy analyst during the third quarter edited sustained reports after the

matter had been investigated deemed sustainable. during the third quarter the legal unit revised and submitted 13 sustained reports each of which involved multiple allegations. in the area of mediation the occ completed 15 mediations in the third quarter as compared to 2011 third dewater. by the end of the third quarter 48 cases as compared to 45 in 2011. the officers offered mediation complainants accepted mediation. in september the san francisco giants in partnership with the san francisco police officers community board saluted bay area volunteer at the september 22 game and tomas -- a veteran occ mediator represented the program in a ceremony at home plate. during the third quarter occ

engaged in several outreach activities and those are outlined in the report. in the area of policy analysis, the occ met with the police department to address policy recommendations arising from occ's investigation of unnecessary force complaint regarding a developmentally ill individual resulting in discussions of two department bulletins 12-1.2 using pass keys to enter single occupancy hotels unless requirements are fulfilled. 1.45, criminal or administrative investigation from talking to witnesses or victims. occ in this area policy analysis continue this language access work with the department and community stakeholders to address concerns that domestic violence victims raised during this commission's hrgss on

2012. occ is working on several projects including a roll call video training that will address language barriers and dominant aggressivor issues in domestic violence. as i understand commissioner loftus participated in the recent meeting on that. occ is working with the department to improve report taking procedures of limited english victims at district stations. last, during the third quarter, the occ met with the department to finalize revision pursuing policy dgo5.5. that concludes my third quarter statistical report. in a matter of weeks i will provide you with the occ's annual report. >> president mazzucco: thank you, director hicks, for your hard work and hard work of your staff. i'm glad to see that mediation is working, participation rate is up, the mediation rate is up.

and i'm glad we did one of the mediation in one of the occupy cases so that's commendable. i want to thank you for your hard work this year, and especially your staff. >> thank you very much. >> president mazzucco: >> commissioner chan: i wanted to talk about page 5, involving an officer who is required to give a complaint in a do domestc violence referral card looks like the officer received reprimand and was admonished. i wanted to ask if there's anything else that came from it, if there was any training? i think i might have seen a department bulletin that came from this. i wanted to see what came out of it outside of dealing with handing out domestic violence card. >> whenever we have something like that i reissue whatever the

pertinent bulletin is so that everybody, regardless of whether there was any fault, other than on the particular officer where the finding just as all the officers get a refresher. >> commissioner chan: thank you. and then lastly on page 9 of the report i just mentioned that the occ met with the department to finalize revision of the pursuit policy dodge 505. we've been batting this around for some time. i'm trying to remember if it's on calendar. i don't know if we have a date for it and where we are. >> i do believe there is a date for it. >> commissioner chan, the occ made all of its comments, and as i understand it, chief suhr, the command staff was reviewing it and it was going through a concurrence process. i don't have a date at this point. >> commissioner chan: inspector, do we have a date for that? >> it hasn't been calendared.

>> commissioner chan: when we get to that part of the calendar, we should may calendar a date. thank you. >> you're welcome. >> president mazzucco: commissioner kingsley. >> commissioner kingsley: thank you, director hicks, for your report. i appreciate it. >> you're welcome, commissioner kingsley. >> commissioner kingsley: do we have any totals for failure to collect traffic stop data for the year? it seems like this is a reoccurring thing that comes up. and at least that's the way it seems to me. and i'm just wondering how maybe compared to last year, how that statistic might be changing, yes, commissioner kingsley. when i deliver the occ's annual report to you, then it will have the total numbers of sustained cases, and the categories of misconduct. and i will be able to compare it

with the 2011 annual report as well. >> commissioner kingsley: good. thank you. >> you're welcome. >> president mazzucco: farrújny less. >> chief, the two that occurred last month, were they both first time offenses? >> if they got an admonishment, yes. if they got a reprimand it would be their second. if they got a day off, it would be their third. >> both got admonishments so i'm then. just wanted to see if we were still on that program. >> it's just a quick follow-up question. director hicks what is the ballpark figure for number of actual reports for traffic data as opposed to traffic stops we do per year? >> president mazzucco, the number of traffic stops we do per year is a number that the chief could provide you.

but we will get that information from the department, as well, so that we will have it. >> president mazzucco: i'm just curious about the ratio. i imagine there's probably 2, 300 traffic stops a day in the city? >> oh, at least. >> president mazzucco, however, the complainants don't complain about a failure to collect traffic stop data. those are added allegations. and so it's hard to know how many officers are failing to collect traffic stop data unless there's a department database that could provide us that information, number of traffic stops, if the traffic stop data there. >> president mazzucco: okay. >> i have one other question. perhaps this is for director hicks or chief suhr. on the case where a -- there was failure to investigate a crime