Attorney for man shot by Huntington Beach police seeks access to 2 officers’ personnel files

A defense attorney for a man shot by Huntington Beach police during a traffic stop in March is scheduled to ask an Orange County Superior Court judge this month to grant him access to the involved officers’ personnel files, according to court records.

Brian Provost, 37, of Garden Grove was wounded after two Huntington Beach officers stopped him at about 10:30 p.m. March 19 on Lawn Haven Drive near Beacon Hill Lane on suspicion of running a stop sign, according to court records.

Orange County Sheriff’s Department investigators who are looking into the shooting testified during a July hearing that officers Bryn Fedderson and David Chandler said they used their guns after Provost shot at them.

However, Provost’s attorney, Stephen Daniels, said during the hearing that the evidence in the case conflicts with the officers’ statements that Provost fired a weapon.

The investigation revealed that a gun found later in a beanie in Provost’s car hadn’t been fired that night, according to Daniels and court documents.

“I’ll submit to this court that without saying there was any malice on the part of the police officers, there was certainly a mistake made,” Daniels said.

Daniels did not return a call seeking further comment.

Provost is facing 11 felony charges, including resisting an executive officer, assault on an officer, battery on an officer, possession of a firearm by a felon, possession of a controlled substance while armed with a firearm and possession of a controlled substance with an intent to sell.

He has pleaded not guilty to all charges, according to Superior Court records. His trial is tentatively scheduled for December.

Prosecutors contend in court records that allegations that Provost grabbed an officer, tried to pull him into a vehicle and had a gun in his hand are enough to justify the charges against him.

Daniels’ request for the officers’ personnel files comes in a year in which Huntington Beach has had seven officer-involved shootings, more than in any other year this decade, according to Police Department archives.

Such files can contain information about any previous incidents of use of force, any allegations of excessive force or other complaints and information gathered during an officer’s preemployment background investigation.

Daniels’ motion is expected to be heard Nov. 17 in Superior Court in Santa Ana.

Testimony in July during Provost’s preliminary hearing shed light on what led to the shooting. The information has not been made public by law enforcement.

Two sheriff’s investigators testified that the officers said they had contacted someone March 19 who was selling “powder black tar eyeliner” through a Craigslist ad. The officers recognized it as an advertisement for black tar heroin, the investigators said.

Fedderson sent a text to the person and arranged a meeting on Church Circle in Huntington Beach, according to the hearing transcript.

The person said he would be driving a black Chevrolet Camaro. The officers told investigators that they saw a car matching that description run a stop sign near Church Circle, and they pulled over the vehicle, authorities testified.

The officers alleged that when they approached the car, Provost refused to turn off the ignition, then opened the car door and did not obey their commands. A woman identified as Kristan Leann Porter-Swartz of Antelope in Sacramento County was in the passenger seat, according to police.

Investigators said the officers told them that when Chandler reached into the car to turn off the ignition, Provost grabbed his arm and tried to pull him into the vehicle.

During the struggle, Provost reached down and pulled out a handgun, the officers told investigators.

According to the investigators’ testimony, the officers said they heard shots fired and, fearing for their safety, began shooting at Provost.

Authorities testified that they later found about 5 grams of black tar heroin and a scale in the car.

Provost was taken to a hospital with non-life-threatening injuries, police said. He was arrested April 1 and is being held at the Theo Lacy jail in Orange with bail set at $1 million, according to jail records.

Porter-Swartz is facing one count of sale or transport of a controlled substance and a count of possession of a controlled substance with intent to sell, both felonies. She also is facing a possible sentencing enhancement on allegations of being armed while in commission of a felony, according to court records.

She was released from jail on bond and is expected to stand trial Dec. 5.

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