02-03-2004 - Robert, Robbie, & Michael Barkely vs. City of West Covina•
City of West Covina
•
MEMORANDUM
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. B'2
DATE February 3, 2004
SUBJECT: ROBERT, ROBBIE & MICHAEL BARKLEY
VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the monetary loss claim of Robert, Robbie &
Michael Barkley be denied and the claimants be so notified.
DISCUSSION:
This claim arises from an incident that occurred on April 15, 2003. Claimants alleges that West
Covina police officers failed to properly investigate the burglary of their vehicle, including theft of
a 9mm handgun, while it was parked at 154 N. Grand Avenue. Claimants seek damages in the
amount of $3,000 to compensate for stolen items that may have been recovered had the police
officers properly investigated the burglary.
An investigation by the Police Department does not substantiate liability on the part of the City.
Officers who responded to the scene found no evidence of forced entry into claimants' vehicle. The
officers checked the vehicle's interior and exterior for evidence of a crime and found none. Absent
any evidence of a crime, the investigation was complete. The officer completed a crime report and
the required Teletype for the stolen firearm. The Sheriff's Department recovered the firearm during
a routine traffic stop. The suspect was charged with possession of stolen property; however, they
were unable to connect the suspect with the vehicle burglary.
After a review of the investigation in this matter, staff and the City's claims administrator,
VeriClaim, determined the officer's actions were appropriate and recommend denial.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Councilmembers refrain from making specific public comments so as not to prejudice any claim.
Specific questions should be referred to the City Attorney.
FISCAL IMPACT:
Unknown at this time.
Prepared by:
Debbie Dominguez J
Safety & Claims Manager
Reviewed & Approved by:
i
Erin Patricia Hoppe
Risk Manager