SHOOTING PROBE DONE PROPERLY, TOP OFFICIALS SAY CHIEF BRIEFED ON INCIDENT.

Byline: Beth Barrett Staff Writer

A preliminary investigation into a gunbattle involving a Los Angeles Police Department undercover officer who was part of an internal affairs sting operation in South Los Angeles last month indicates it was handled properly, according to LAPD's inspector general and other top officials.

A detailed briefing of the Oct. 20 incident at 91st Street and Stanford Avenue in Southeast Division was provided last Tuesday to Chief William J. Bratton, LAPD Inspector General Andre Birotte and several commanders.

The Daily News reported Oct. 23 that suspects fired at officers and the fire was returned, but there were questions raised within the department and from the police union over whether proper procedures were followed in reporting the incident and whether it was investigated in accordance with a federal consent decree's requirements.

Birotte said there is nothing to suggest LAPD officials mishandled the case. He said the LAPD's ``10-day briefing'' confirmed initial reports by assistant inspector general Terry Martin, who went to the scene following the incident, that proper procedures were followed.

``We have no concerns about the protocols, the preservation of the scene or the information we would normally expect to get,'' Birotte said.

Deputy Chief Michael Berkow, who coordinated the inquiry, said the preliminary investigation shows the incident was handled properly, including notification of Southeast Division commanding officers, the District Attorney's Office and a union representative. He said Bratton, who was home at the time, should have been awakened and notified of the incident promptly rather than merely calling his driver and leaving a message.

Hank Hernandez, a general counsel for the Police Protective League, said the union's response was based on initial reports.

``It took time to sort out,'' Hernandez said. ``Once we learned (what happened), they did the best they could. Still there are some questions.''

According to radio transmissions and Southeast log entry regarding the incident, a wired undercover officer on a bicycle was returning to an undercover van and SUV to change a battery when two or three suspects in a vehicle yelled at the officer.

The suspects fired at the van and then at the SUV, and an officer from that vehicle returned fire.

The officers went to a predetermined safe area, about a mile and a half away, where they were separated as required by the consent decree, and the crime scene also was secured, Berkow said.

Photos taken at the scene show a light truck illuminating it, and casings from bullets that were fired in the exchange lying on the street.

A citizen reported the shots, and a call was put out from Southeast Division in less than two minutes. The commanding officer in charge of the undercover operation broadcast over Southeast's frequency information about the suspects and a description of the car less than two minutes later.

``A citizen called the station to report a shooting in progress at 91st Street and Stanford. The shooting was later determined to be an (officer involved shooting) involving personnel from (Professional Standards Bureau). There were no apparent hits. None of the involved personnel were transported to Southeast nor were they identified. Both captains were notified,'' the Southeast log from that night's shift states.

Hernandez said he's still concerned that a commanding officer unfamiliar with the scene did the initial walk-through, while the officer who fired his weapon did not do so until later. Also, he said the officers were taken to their headquarters at the Bradbury Building downtown without being separated, the union notification did not go through the proper director and Bratton wasn't called immediately.

``They attempted to follow protocols properly, but they didn't.''

LAPD officials said it is proper for the officer involved in the shooting to be taken through the scene last, and that transporting officers together also is proper if there is a supervisor present to make sure they don't talk to one another.

Southeast officers were angry that they were targets of the undercover investigation and believe they're ``under a magnifying class,'' Hernandez said. Southeast officers were involved in a controversial confrontation last summer, culminating in the videotaping of one officer striking Stanley Miller, an African-American, with a flashlight.

``There's a perception some officers down there need closer attention, that perhaps they're not abiding by the rules,'' Hernandez said.

``That's why this operation was taking place. These officers are aware they're being audited; it's constant audits. Yeah, they're bitter and they're upset. ... It's one of the most dangerous (places in the city). There are a lot of good officers out there.''

Beth Barrett, [phone]

beth.barrett(at)dailynews.com