A California appeals court has upheld the layoffs of two Los Angeles Police Department officers who did not respond to an ongoing robbery and instead went looking for a Snorlax in the Pokémon Go augmented reality game.
Officers Louis Lozano and Eric Mitchell were being recorded by an On-Board Digital Video System (DICVS) when they decided to catch a Pokémon after failing to respond to a robbery on Saturday April 15, 2017, according to the California Court of Appeal Decision published Friday. Rights counsel found officers “guilty of multiple counts of misconduct” based on part of “recording that captured petitioners voluntarily abdicating duty to assist commander’s response to flight going and playing a Pokémon cell phone game while on duty, the ruling says.
The former officers appealed, saying the city “proceeded in a manner against the law by using the DICVS recording in their disciplinary proceedings and denying them the protections of the Declaration of Procedural Rights for Police Officers Act. public security, “said Friday’s decision. A lower court dismissed the petition challenging the dismissals, and a three-judge panel of the appeals court unanimously upheld the ruling on Friday.
“Ah, go ahead”
Lozano and Mitchell were on patrol nearby when there was a radio call to respond to an ongoing robbery with several suspects in a Macy’s in Crenshaw Shopping Center. They later told their supervisor, Sgt. Jose Gomez, that they did not hear the call for reinforcements at the mall, but the DICVS recording showed they ignored attempts to reach them, the ruling said:
After Communications made a second attempt to contact the petitioners, Constable Lozano asked if they should “ask [communications] if there is any message. Officer Mitchell replied, “It’s up to you. It doesn’t matter what you think. I don’t want them to think we aren’t paying attention to the radio. Lozano replied, “Oh, shit. The petitioners made no attempt to respond by radio when their unit was called.
Instead of going to the scene of the theft, officers “backed into the alley and turned away from the mall,” according to the ruling.
Ronflex at the 46th and Leimert
The Snorlax hunt reportedly started at 6:09 pm, five minutes after Lozano said, “Fuck you.”
The decision explained:
Officer Mitchell alerted Lozano that “Snorlax” “has just appeared” at the “46th and Leimert”. After noting that “Leimert does not go until the 46th”, Lozano replied: “Oh, you [know] What can I do? I’m going [go] get off 11th and get on Crenshaw. I know I can make it that way. Mitchell suggested a different route, then said to Lozano, “We have four minutes.” “
For approximately the next 20 minutes, the DICVS captured petitioners discussing Pokémon as they traveled to different locations where the virtual creatures apparently appeared on their cell phones. En route to Snorlax’s location, Agent Mitchell alerted Agent Lozano that “a Togetic had just appeared,” noting that it was “[o]n Crenshaw, just south of the 50th. After Mitchell apparently grabbed the Snorlax – exclaiming, “I have them” – the petitioners agreed to “[g]o get the Togetic “and drove off. When their car pulled up again, the DICVS recorded Mitchell saying,” Don’t run away. Don’t run away, “while Lozano described how he” buried and ultra-balled “the Togetic before announcing,” I got it. “Mitchell indicated he was”[s]until you try to catch him, ”adding,“ Holy shit, man. This thing is fighting against me. Finally, Mitchell exclaimed, “Holy shit. Finally, “apparently in reference to the Togetic’s capture, and he pointed out,” The guys are going to be so jealous. The petitioners then agreed to return to 7-Eleven (where Sergeant Gomez later met them) to end their watch. Along the way, Mitchell remarked, “I bought you a new Pokemon today, man. “