by Jo Ellen Nott

“I don’t want to be his help,” Officer Luis Lozano of the Los Angeles Police Department was recorded saying when a fellow cop requested back-up for a robbery in progress in 2017 at a southwest Los Angeles Macy’s. What Officer Lozano and his partner Officer Eric Mitchell did want to be was cartoon-character hunters in the augmented-reality video game Pokéman GO.

That Saturday, April 15, 2017, a 211 for a robbery in progress at the Macy’s in their beat had come over the patrol car radio informing them that the store was being robbed by multiple suspects. Lozano and Mitchell considered whether to respond after listening to several more minutes of chatter about the robbery and decided not to when their unit was called.

“Aw, screw it,” Officer Lozano said, according to court documents.

Less than five minutes later, Officer Mitchell spotted the Snorlax, a coveted and rare character from the game, on the screen of his cell phone. For the next 20 minutes, while other cops chased suspects from the Macy’s robbery, Lozano and Mitchell discussed Pokémon as they drove to different locations chasing the Snorlax. After apprehending the virtual figure (rather than attempting to capture any live-action figures), they went on to pursue and capture yet another Pokéman, Togetic.

When their supervisor in charge became suspicious that the two had been in the area but did not respond to the calls, he asked them to explain their behavior during the officers’ work hours. They lied saying they never heard the calls because they had been patrolling in a park that was noisy. Not satisfied with the two officers’ explanation, Sergeant Jose Gomez listened to the digital in-car video system (“DICVS”) recording from their shift on April 15 and discovered the two had lied. The misconduct matter was investigated by Detective Tracy McClanahan of the department and brought before the Police Board of Rights. The two officers were fired in 2018 for misconduct and violating the public trust. The board unanimously ruled that their misconduct was “unprofessional and embarrassing.”

The two officers appealed, arguing the recordings were used improperly as evidence and that their rights were violated when Sergeant Gomez questioned them while on duty without legal or labor representation. Their attorney claimed the two were denied protections of the Public Safety Officers Procedural Bill of Rights Act. A lower court denied their petition for reinstatement on the LAPD and on Friday, January 7, 2022, the Court of Appeal, Second Appellate District, Third Division of the State of California upheld the decision in a 32-page filing.

Greg G. Yacoubian attorney for Lozano and Mitchell said they are disappointed with the Friday decision. “The department did not follow its own rules,” Yacoubian declared after the appeals court upheld the dismissal of the two officers. “The ends do not justify the means and we are evaluating how best to proceed.”

Sources: theguardian.com, edition.cnn.com, indianexpress.com, courts.ca.gov, nytimes.com, latimes.com, npr.org

Subscribe today

Already a subscriber? Login