In an attempt the quell a controversy over the legal advice given to Santa Rosa City Council members in the wake of the Andy Lopez shooting, the city took the unusual step Wednesday of releasing previously confidential emails on the subject.
The day after the council voted to waive the attorney-client privilege covering the emails, City Attorney Caroline Fowler released the documents, including guidance she gave to the entire council and an email exchange she had with Councilwoman Julie Combs, who has characterized the advice as a “gag order.”
The basics of what is outlined in the emails are already known. Combs asked for advice about what she could and could not say about the shooting, and she and fellow council members were told they could say nothing about the incident and to refer all questions to the police department.
But the documents also reveal additional details, some of which may help explain why city officials were so concerned with Combs' plans to go on live radio Oct. 25 to discuss the case.
Lopez, 13, was shot and killed Oct. 22 by a sheriff's deputy who mistook his plastic BB gun for an AK-47 assault rifle, which it was designed to closely resemble.
In the emails, Combs questions whether the Santa Rosa Police Department ought to even be investigating the shooting.
“Is anyone there thinking about the appearance of our dept investigating the sheriff's dept at the same time as they are investigating us,” Combs wrote. “Might be good to pass this one over to Napa or somewhere else?”
Fowler responded that doing so would be contrary to the long-established protocol that calls for “critical incidents” such as officer-involved shootings to be investigated by other Sonoma County law enforcement agencies. She added that the findings would be reviewed by the District Attorney and forwarded to the Sonoma County Grand Jury.
Combs' query began with a 10:05 a.m. email on Oct. 25 to City Manager Kathy Millison explaining that she had been invited to go on KSRO that afternoon and wanted to speak to someone “about the Lopez case to ensure that I am both careful and accurate” and that she wanted “to be sure of the facts to assist in calming the rumor mill.”