092420

WORTH REPEATING!

Q: At a time when we are unable to gather and we MAY have extra funds. Is it out of the realm of possibility that our organization donate money to the reward fund down south/ L.A.S.O.???
Just thought I’d ask . Thanks in advance
September 14, 2020From the President:Greetings to all; I will get to the bad news first; the September meeting is canceled. The good news is that some of you are celebrating a birthday this month.  I provided Leroy with the list for publishing.  I wish you all well on your respective days and a remembrance for members who are now departed.  I would encourage a photo of any celebration you may have, however small, for inclusion in the Farsider.Kudos to the Emerald Society for their participation at the annual memorial for Officer Robert (Bob) Wirht.Looking ahead, it appears that large gatherings such as the PBA BBQ, Keith Kelly BBQ and Xmas Dinner/Dance, and the POA Xmas Open House will not occur this year.  My hope that things will open up at the beginning of next year, which would allow the PBA to host the annual Valentine’s Dinner/Dance. The POA Hall has already been reserved.  It would be a great opportunity to enjoy a reunion of friends and your own groups of eight along with dinner, drinks of your choice and some dancing.  After this long shutdown, that would be good time in the making.Lastly, I would like a pitch, again, for new members.  A recap of the PBA:

  • $8.00 monthly dues
  • A monthly meeting on the 3rd Wednesday of the month, after this pandemic
  • Dinner with your friends and table groups
  • Your choice of a libations or soft drink
  • A raffle of donated items
  • A good time to be had; members exchanging stories and laughter; nothing wrong with that
  • Annual PBA members only BBQ
  • Annual Valentine’s Dinner/Dance

I believe in this time of visceral dislike and disrespect for the brave women and men who currently serve, we have to continue the camaraderie, friendships and family unity that developed after many years of service, working long hours, missing important events, getting injured on the job and supporting each other in the field.

Please consider signing up or bringing in a new member when we open up again.

Take care all and be safe,

Ernie Alcantar

PBA President

September Birthdays

Arca, RichBasilio, Les

Bergtholdt, Doug

Brockman, Joe (Deceased)

Brown, Dennis

Delgado, Dave

Dolezal, Dennis

Edillo-Brown, Margie

Farlow, Paul

Gaumont, Ron

Giorgiani, JoeGrande, Carm

Hardpainter, Bob (Deceased)

Hendrickson, Dave

Jaeger, George

Koenig, Heinz

Mallet, Bill

Marsh, Scott

Montes, Jose

Morton, Bruce

Oliver, PeteOverstreet, Jim

Parrot, Aubrey

Schembri, Mike

Shuey, Craig

Simpson, Terry

Sterner, Mike

Suits, Jim

Tietgens, Don

Wicker, Joe

Tickets on sale for this year’s drive-thru Christmas in the Park

1964-2002
Apparently it has been rougher than I thought!

No beard made me look fat!
Sept 2020

 

 

-1971 –
Funny story, I drove a Corvette at the time and got stopped by CHP. Had the badge showing as he walked up in drizzling rain. After some small talk I asked why he made a car stop in those conditions. His reply, “To tell the truth, I thought you were a chick!”

 

HERE I AM IN MURPHYS, CA
OK, If I can do it so can you!
Let us know what you are up to. Where, when, what, anything?
Your Brothers-in-Blue want to know!

 

 

Richmond rapper Tay Way gunned down minutes after posting Instagram video that revealed his location

Walnut Creek settles lawsuit with family of man killed by police

Officers’ response to East Bay apartment complex tied to earlier double shooting, police say

Bay Area man who appeared in TV show ‘Lockup’ as one of CA’s ‘most dangerous inmates’ has turned over a new leaf

Man stabbed on BART train in Fremont area, suspect arrested

Man fatally shot at Oakland homeless camp

15-year-old arrested in Redwood City on connection with narcotics, firearm offense

Antioch: 16-year-old pedestrian airlifted to hospital after being hit by a car

Two men shot in West Oakland

Sonoma County: Pedestrian scuffles with officer on Highway 101

Ex-California attorney sentenced for killing wife on cruise

Northern California man on felony probation arrested 5 times since August 26

All charges dropped against California man in car-crash death of his mother

California cop accidentally shoots self at gun range

3 people arrested in Oregon accused of setting up illegal roadblocks near wildfire evacuation zones


Bodycam video shows protester getting hit in groin with 40mm projectile

 

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Video: Goat climbs into cop car, eats deputy’s papers

 





















 

 

The Worlds Funniest Police Officer. Kevin Jordan

The Ayala family’s food truck, Adelita’s, was stolen out of a gas station parking lot on Sep. 13, 2020, when the family was just months away from paying it off.

San Jose couple devastated after food truck stolen

 

Australian Transgender Athlete
BANNED from DESTROYING WOMEN

A gap in the hillside at Tennessee Valley Beach, seen on Monday, Jan. 7, 2013, near Mill Valley, Calif., remains after a rock arch above it collapsed over the holidays. (IJ photo/Frankie Frost)

Woman hospitalized after coyote attack on Marin…

How did he make it all the way out here to Marin?

WHAT??
Killer whales launch ‘orchestrated’ attacks on sailing boats

HEYENA? DRUG DOG? AND NOWAN ORCA?
WHAT’S THE WORLD COMING TO?

CREWS BATTLE VEGETATION FIRE AT ALUM ROCK PARK IN SAN JOSE

Along the slopes of the Sierra west of Lake Tahoe, several oddly symmetrical groups of trees rise from the middle of the forest. Shaped like wagon wheels, they are known as nelder plots and were planted in the 1990s as part of a study at the Blodgett Forest Research Station. The aim was to glean insights into resource competition among trees, said John A. Helms, a silviculturist involved in the project. “It’s a little bit like putting rats in a cage or people in a tight suburban environment,” he told the Sun. “People behave differently when they’re jammed together.”















 

They had only one job……..
















 

Bid for dismissal in fatal police shooting denied
FREMONTBy Joseph Geha
jgeha@bayareanewsgroup.com
A judge has rejected the city of Fremont’s bid to
dismiss an excessive force and wrongful death lawsuit
against three of its police officers over the fatal
shooting of a pregnant 16-year-old girl in 2
017.
Northern California District Court Judge Nathanael
Cousins ruled there’s too many facts in dispute about
the police shooting of Elena Mondragon during a
covert arrest operation that went awry in Hayward on
March 14, 2017, to throw out the case.
“We consider it a victory,” Melissa Nold, a lawyer for
Mondragon’s mother, said in an interview.
In his Aug. 31 decision, Cousins wrote that a jury will
need to hear the disputed facts. He added that the
disputed facts also preCASE » PAGE 2
Case
FROM PAGE 1
vented him from deciding whether to grant the officers
qualified immunity, a legal doctrine that protects
government officials from liability.
A lawyer for the police officers, Gregory Fox, said in
an interview he plans to appeal the decision to the
Ninth Circuit Court of Appeals.
“This is a very tragic situation, and I’m very
sympathetic to Ms. Mondragon, but I also believe that
my officers didn’t do anything wrong,” Fox said.
Mondragon, an Antioch resident, was shot during an
undercover operation of the Southern Alameda County
Major Crimes Task Force in March 2017 as officers
tried to snare then 19-year-old Rico Tiger, who police
said was responsible for multiple violent armed
robberies in Fremont and around the Bay Area.
Fremont police Sgt. Jeremy Miskella and officers Joel
Hernandez and Ghailan Chahouati were part of the
team, tracking Tiger to the pool area of the City View
Apartments in Hayward.
Miskella claimed in his deposition he did not fire his
weapon as the BMW was passing him, nor into the
back of it. But police evidence photos of the BMW
show bullet holes in the side and back of the vehicle,
and Nold argued the bullets that hit Mondragon
appeared to come from the side, based on an autopsy.
The evidence suggests “that shots may have been fired
at the side and back of the BMW as it drove past and
away from the officer(s),” Cousins wrote, and “puts at
least Officer Miskella’s testimony into dispute.” None
of the officers had their body-cameras activated, court
documents said.
While officers testified the BMW struck the minivan
driver’s side door at up to 45 mph, photos of the
Caravan show the “door as wholly unscathed,” Cousins
wrote, while there was more apparent damage to the
back driver’s-side panel of the van.
Chahouati said he was in the doorway of the minivan
as the BMW sped toward him, and he dove into the
van, injuring his leg as the door slammed on it;
Miskella testified he didn’t see Chahouati.
Depending in part on the disputed facts, a “reasonable
jury” could find that the officers “behaved with
Bid for dismissal in fatal police shooting denied
FREMONT
As Tiger and three other teens, including Mondragon,
returned to Tiger’s BMW, officers planned to use an
unmarked police minivan and SUV to try to block the
car – which was stolen and being tracked by GPS – but
they were delayed by another car pulling in front of
them, Cousins wrote in his recap of the known facts.
Inst ea d , C ha houat i pulled the minivan close to the
bumper of the BMW as it began to pull out of its
parking spot and activated police lights. The officers
then got out of the cars, aimed rifles at the BMW, and
yelled com- mands at Tiger.
Tiger backed up the BMW, revved its engine then
attempted to flee by squeezing the BMW through a
small space between the police vehicles and a carport,
Cousins wrote.
Miskella and Hernandez both fired shots at the car,
claiming in their court depositions it had slammed into
the minivan and was heading toward Miskella, who
they thought would be killed. Miskella rapidly backed
up on foot while shooting five rounds into the BMW as
it narrowly missed him.
None of the shots hit Tiger, the officers’ intended
target, but Mondragon was hit multiple times by bullets
and shrapnel, and died from her wounds, Cousins
wrote.
Cousins highlighted a few areas of dispute raised by
Nold, including where police officers fired on the car,
how fast the BMW was traveling, whether it was
actually a danger to officers, and where it struck the
minivan, if at all.
deliberate indifference to the harm they could cause,”
Cousins said.
“I think in this situation, the evidence was undisputed,
the officers only had seconds to react to what they
perceived as a deadly force threat,” Fox, the officers’
attorney said. “Judge Cousins disagreed with me.”
Michael Cardoza, an East Bay defense attorney and
legal analyst, said Cousins’ decision to leave all the
plaintiff’s claims against the city intact is “rare,” but
appears to be correct given there are disputed facts.
“The defense in the case has to look at the emotional
impact this type of case will have on the jury. The
defense has to look at the climate in which they will be
trying this case, when there will be a lot of jurors that
will be anti-police department, and who will question
very deeply why weren’t the (body-cameras) turned
on,” Cardoza said.
The Alameda County District Attorney’s Office is
charging Tiger with Mondragon’s murder. Last month,
Tiger pleaded not guilty to the charge. Contact Joseph
Geha at 408-707-1292.
Copyright (c)2020 The Mercury News, Edition. Please review new arbitration language here. 9/11/2020
Copyright (c)2020 The Mercury News, Edition. Please review new arbitration language here. 9/11/2020New state law helps inmate firefighters get jobs after lockup
COMBATING SHORTAGECriminal records can be expunged under measure
signed by Newsom
By Don Thompson,
The Associated Press
SACRAMENTO >> California’s inmate firefighters
will have a shot at becoming professional firefighters
once they complete their sentences, under a bill Gov.
Gavin Newsom signed into law Friday.
The new law will allow state and county inmates who
train as firefighters to seek to erase the criminal records
that often are a bar to employment as firefighters or in
other professions.
The measure “ will give those prisoners hope of
actually getting a job in the profession that they’ve
been trained,” Newsom said as he signed the bill
against a backdrop of gray ash and charred trees near
Lake Oroville, site of one of the most devastating of
the many fires that have charred the state in recent
weeks.
California has been struggling in recent years to field
enough inmate firefighters because of changes in state
law that have reduced the number of lower-level
offenders in state prisons. Court rulings also ended
some of the incentives for inmates to risk their lives
fighting fires when they could earn similar early
release credits with less dangerous duties.
The shortage grew this year, as thousands more
inmates were released early in a bid to slow the spread
of the coronavirus through prisons, pushing the number
of inmate firefighters down about 30% from last year.
The new law may create a new incentive, by allowing
former inmate firefighters, after their release, to ask a
judge to withdraw their plea of guilty. The judge could
opt to then dismiss the accusations.
The measure excludes those convicted of certain
violent felonies and sex offenses, and the ex- offender
would still have to disclose the conviction if he or she
applies to become a teacher.
The expungement would give the former firefighters
the ability to apply for any of more than 200
occupations that require a state license, an opportunity
lost to most people with criminal records, according to
Assemblywoman Eloise Reyes, D- San Bernardino,
who authored the bill.
“ These individuals have received valuable training and
placed themselves in danger to defend the life and
property of Californians,” she said in a legislative
analysis. “ Those individuals that successfully
complete their service in the fire camps should be
granted special consideration relating to their
underlying criminal conviction.”
The bill’s passage was hailed by criminal justice
reform groups, and Newsom said it was supported by
various unions, including those representing
professional firefighters.
The district attorneys association had argued against
the bill, saying that expungement of criminal records
should be limited to lower-level offenders, few of
whom remain in state prisons. It said the incentive
should be limited to those who are sent to county jails
and not state lockups.

Parking ticket scofflaws given amnesty
San Jose waiving late fees for motorists who pay their share of more than 200,000 fines
MILLION IN LOST REVENUE $25

By Maggie Angst
mangst@bayareanewsgroup.com
Are you one of the tens of thousands of motorists with
unpaid San Jose parking tickets piling up? If so, you
could be in for a bit of a break – that is, if you pay them
by the end of the year.
San Jose is launching a parking ticket amnesty
program, waiving late fees for motorists who pay their
share of about 212,000 un- paid parking tickets that
have accumulated over the last five years, costing the
city $25 million in lost revenue.
Under the new program unanimously passed by the
San Jose City Council on Tuesday, motorists with
unpaid parking tickets issued on or before March 19
will only be required to pay the original fee of their
citation – cutting the average amount owed by an
individual from approximately $270 to $130. The
program is ef- fective immediately and expires Dec.
31.
“This is a product of the situation we’re in,” Heather
Hoshii, the city’s parking manager, said in an interview.
“We thought that if we have an opportunity to alleviate
some of the stress that the pandemic has brought on,
we need to act and do something.” The city’s goal for
the program is two-pronged: Offer incentives to help
the city collect outstanding debt and provide financial
relief from community members reeling from the
pandemic.
Motorists with unpaid parking tickets not only face
mount- ing fees but potential hits to their credit and an
inability to register their vehicle with the DMV.
Parking citations are considered delinquent if not paid
or contested within 21 days of issuance
or 14 days after the mailing of a courtesy notice to the
owner of the vehicle, according to state law. Once
delinquent, a $35 late fee is tacked onto the original
amount of the ticket and the longer a ticket goes
unpaid, the more additional fees and fines are added.
The city uses a variety of methods to collect fines from
outstanding parking tickets, including sending courtesy
and past due notices, placing holds on vehicle
registrations through the DMV, engaging collection
agencies and the Franchise Tax Board.
Even so, between 10-15% of the city’s parking
citations go uncollected, and without the amnesty
program, the majority of those will remain unpaid,
according to Hoshii.
“Many of (the citations) are two years old – so they’ve
been on our books for quite a while – and we see this as
an opportunity to reconcile those accounts,” Hoshii
said.
TICKETS » PAGE 6
Tickets
FROM PAGE 1
“The return is not potentially very great,” said John
Ristow, director of t he c it y ‘s dep a r t ment of
transpor tation. “But at least it’s giv ing some people
Parking ticket scofflaws given amnesty
San Jose waiving late fees for motorists who pay their share of more than 200,000 fines
MILLION IN LOST REVENUE $25
Facing significant budget deficits in the years to come,
the payment of the city’s estimated 212,000 unpaid
citations is even more critical now than in previous
years.
If motorists paid the city the original fine amounts for
all of the tickets, the cit y wou ld have a $13 million
boost to its general fund. The remaining $12 million
equates to late and collections fees that the cit y is waiv
ing under the program.
It’s unclear how many motor ists w ill take advantage
of the program, but city officials are only projecting a
5% collection rate, or $650,000, according to a
department of transportation memo.
After paying a software company $200,000 to help run
the program, the city expects to garner about $450,000
in additional revenue for the city.

Police officer arraigned, released
Judge sets $200,000 bail — max for manslaughter — says he could be a ‘danger to the community’
SAN LEANDRO WALMART SHOOTING

By Angela Ruggiero
aruggiero@bayareanewsgroup.com
DUBLIN >> The San Leandro police officer charged
with voluntary manslaughter in the shooting death of a
Black man inside a Walmart store was handcuffed in a
courtroom Tuesday morning, booked at Santa Rita Jail
and then released after posting $200,000 bail.
Soon afterward, the prominent police attorney
representing him issued a statement declaring he would
use a new state law intended to hold officers more
accountable for deadly use of force as the basis of his
defense.
Officer Jason Fletcher, 49, is the first Bay Area law
enforcement officer charged under the law, Assembly
Bill 392. He’s also the first in more than a decade to
face charges in the death of a civilian while on duty;
the last one was BART Officer Johannes Mehserle,
who shot and killed Oscar Grant on New Year’s Day
2009.
Appearing in a dark gray suit and black face mask,
Fletcher was arraigned at the East County Hall of
Justice in Dublin on charges of fatally shooting Steven
Taylor, 33, on April 18 at the Walmart store at 15555 Hesperian Blvd. in San
Leandro.

Attorneys Mike Rains, left, and Julia Fox and San
Leandro Police Officer Jason Fletcher arrive at the East
County Hall of Justice on Tuesday.

Alameda County Superior Court Judge Barbara
Dickinson ordered Fletcher’s bail set at $200,000 – the
maximum for manslaughter – saying he could be a
“danger to the community.” Although Fletcher’s
attorney, Michael Rains, said his client was prepared to
post bail immediately, Dickinson denied the request,
Fletcher had to use lethal force, Rains said.
At the courthouse Tuesday morning, a group of
Taylor’s family members, friends and other supporters
gathered outside asking for justice. They held signs
that read “Convict Officer Fletcher Now” and “Rest in
power Steven Taylor.” When Michael Taylor, Steven
Taylor’s brother, heard that Fletcher was sent to jail
after the court appearance, he said it was good news.
“I’m just hoping that it follows through with
accountability and everything comes through with a
conviction,” he said.
Police officer arraigned, released
Judge sets $200,000 bail — max for manslaughter — says he could be a ‘danger to the community’
SAN LEANDRO WALMART SHOOTING
saying that wasn’t court procedure and remanded
Fletcher to the custody of the sheriff’s office.
Because of the coronavirus pandemic and social
distancing guidelines, only a limited number of people
were allowed inside the courtroom, including two
members of Taylor’s family. The hearing was held
online.
Fletcher is scheduled to next appear in court on Sept.
28 and could enter a plea at a hearing next month.
In a statement Tuesday, Rains said this trial will be one
of the first applications of AB 392, which went into
effect Jan. 1. The law only allows deadly force when
an officer reasonably believes there is an immediate
threat of death or serious injury.
Rains said the defense will show that Fletcher had no
other option but to fire his weapon.
“The case is important because it calls into question the
officer’s obligation to de-escalate a situation and to use
less than lethal force,” Rains said. “Both things were
done by the officer.” According to prosecutors’
charging documents, Fletcher was the first officer to
respond to a report by a Walmart security guard of a
possible shoplifter holding a baseball bat inside the
store.
Fletcher entered the store, approached Taylor and tried
to grab the bat. When Taylor pulled away, Fletcher
drew his Taser with his left hand and pointed it at
Taylor, telling him to drop the bat before firing twice.
As Taylor was struggling to remain standing, the bat
pointed toward the ground, Fletcher shot him in the
chest, killing him, according to the prosecution.
Rains said his client never should have been charged
with voluntary manslaughter because he did exactly
what he should do as a police officer.
“The case is important because it calls into question the
officer’s obligation to de-escalate a situation and to use
less than lethal force,” Rains said. “Both things were
done by the officer.” “First, Officer Fletcher calmly
asked Mr. Taylor to drop the bat. He did this four
times, but he would not drop the weapon,” Rains said.
“The officer approached him slowly and was almost
able to take the bat from Mr. Taylor, but he drew back
and raised the bat. Then Officer Fletcher attempted to
use a Taser, but it did not incapacitate Mr. Taylor. He
used the Taser a second time, again it failed.” At that
point
He described his brother as “a light of life” and a
“beautiful person, always ready to make someone
laugh.” “We are here to sup- port the family and
amplify their voices,” said Selina McManus, who went
to middle and high school with Steven Taylor.
“Families, especially Black and Brown families, have
to grieve and do this work at the same time.” McManus
was skeptical of the $200,000, saying it was low and
that Fletcher likely would post the bail soon, which he
did.
Earlier this month before prosecutors announced
charges would be filed against Fletcher, demonstrations
were held at San Leandro City Hall and the Alameda
County District Attorney’s Office in Oakland calling
for justice.
During a protest Monday night, words were projected
onto the front of the San Leandro police station
headquarters that read “Convict Officer Fletcher” and
“#Justice4StevenTaylor.” Also Monday, the San
Leandro Police Officers’ Association released a
statement offering condolences to Taylor’s family but
add- ing that the charges were politically motivated.
“Although District Attorney Nancy O’Malley has
charged Officer Fletcher with voluntary man
slaughter, we are steadfast in our belief that this charge
is politically motivated and legally deficient,” the
statement said. “While the district attorney has
mischaracterized the shooting as a ‘failure to attempt
de-escalation options,’ we are confident that the
evidence will establish that this incident was an
unfortunate example of de-escalation techniques
simply proving to be ineffective.” The statement also
suggested Fletcher had acted in self defense.
“While we wish that every call for service could end
peacefully, in our mission to safeguard the community,
officers are sometimes left with no option but to make
a split-second decision to use deadly force to defend
themselves and the public,” the statement said.

J. standing by use of rubber bullets
Mayor angrily opposes decision to allow police to use the rounds in certain crowded situations
CITY COUNCIL S.

By Maggie Angst
mangst@bayareanewsgroup.com
Despite adamant opposition from the mayor,
community activists and protesters, San Jose police
officers will be allowed to continue using rubber
bullets in certain crowded situations and potentially
during future demonstrations in the city.
The 10-1 decision by the San Jose City Council this
week came amid a heated debate about the merits of
using the projectiles and in the wake of newly released
body camera footage as well as a report from the San
Jose Police Department about the handling of the
George Floyd protests earlier this summer.
“As we remove some of the tools, especially those lessthanlethal tools, then we limit officers on the options
that they have, and then you do put officers in
situations where you’re asking them to simply strike
someone with a ba- ton or ultimately, in certain
circumstances, use their firearm,” council member
Raul Peralez said. “I don’t think that’s the type of limit
we should put on our officers.” During the
demonstrations that broke out in late May and early
June after Floyd’s killing by a Minneapolis police
officer, San Jose police officers shot hundreds of rounds of rubber bullets into groups of protesters and at the ground to disperse crowds – a practice then endorsed in the department’s duty manual.

But after more than a week of the protests, the
department pro- actively decided to update the manual
to clarify that, from now on, the projectiles would
“only be used in situations where a person is actively
attacking an officer or another person or when an
armed agitator poses a threat to officers or other
peaceful protesters.” The newly amended manual also
states that officers who use the weapons
inappropriately will face an internal investigation and
potential discipline.
The city’s new policy aligns with that of many other
major cities across the county – such as Seattle, Detroit
and Washington, D.C. – that have made sim- ilar moves
since early June to ban police use of projectiles as a
“crowd control” tool, while still permitting officers to
deploy them against violent individuals.
Peralez, a former San Jose police officer, said he felt
the policy changes would address the issues of
peaceful protesters getting hit with the rubber bullets
and would “make projectile weapons better tools, allow
our officers to use them better and protect our citizenry
as we utilize them.” But that hasn’t quelled the
concerns for many community members and Mayor
Sam LicBULLETS » PAGE 4
Bullets
FROM PAGE 1
cardo, who advocated that they should be completely
banned in any crowds.
During an hourslong discussion on the topic at Tuesday
night’s meeting, Liccardo grilled members of the police
when they decided to use force against them.
JT Stukes, a 37-year-old San Jose resident, was subjected to the department’s use of force, despite merely
chanting and speaking to officers in front of City Hall
on May 31, according to his account and a lawsuit filed
on his behalf.
J. standing by use of rubber bullets
Mayor angrily opposes decision to allow police to use the rounds in certain crowded situations
CITY COUNCIL S.
department over their stance on the use of rubber
bullets, saying that firing them into crowds under any
circumstances puts residents at “too great a risk.” “I am
not comfortable, knowing what we know from
international experience and national experience, that
this is something that we’re going to authorize to use in
crowded situations,” Liccardo said.
The lengthy conversation at times became heated as
both Liccardo and Assistant Chief of Police Dave
Knopf raised their voices and attempted to speak over
one another. Knopf took issue with the “unfair picture”
Liccardo painted of officers indiscriminately firing into
the crowd at peaceful protesters and Liccardo called
out Knopf for “blowing an assertion out of proportion.”
From Knopf’s point of view, the police department had
addressed the concerns of residents and city officials
by banning officers from aiming rubber bullets at
crowds of protesters or at the ground to force them to
disperse.
“I’m not exactly sure what else you want us to do,” the
assistant chief said at one point during the meeting. “
I’m not going to commit the office in this department to
stand on a line and not defend themselves in a riotous
situation.” But Liccardo cast doubt on what he felt was
an unclear policy and its ability to change the habits
and behaviors of officers under chaotic circumstances
like the recent summer demonstrations.
“I appreciate your confidence in someone having the
discernment in the heat of a moment in a very chaotic
situation to know when to fire into a crowd and when
not to, but I just don’t think as human beings we’re
gifted with such extraordinary judgment,” Liccardo
said.
The debate came just days after the police department
released officerrecorded footage of three high-profile
police encounters stemming from the demonstrations
and a post- action report in which the department
admitted officers’ inexperience with large protest
crowds led to problems with the department’s chaotic
response to demonstrators.
The city’s police department has drawn widespread
criticism for its use of rubber bullets, tear gas and other
munitions to disperse unarmed and nonviolent civilians
protesting the disproportionate use of force by police
against Black and Brown Americans.
All the while, the department has largely reiterated the
same rationale for using force – that police were
responding to “continuous violent confrontations with
officers, rampant destruction of property, arson, and
Still, Stukes said he was hit in the back, hip, leg and
helmet when trying to get out of harm’s way as officers
began firing rounds of rubber bullets at protesters who
had decided to stay out past the city’s curfew order.
One bullet even ripped through his backpack slung
over his shoulders.
“It’s absolutely ridiculous,” Stukes said about the
department’s response to the protesters. “I wasn’t
swearing or telling them they were abusive. They were
basically just beating people from a distance and that’s
just going to create panic and chaos and incite a
reaction.”
A San Jose police officer prepares to fire a rubber
bullet at demonstrators during a protest in downtown
San Jose on May 31 following the death of George
Floyd in Minneapolis.
looting.” The department rebuts the notion that it was
firing rounds of rubber bullets “indiscriminately into
crowds” and defends the use of force against some
peaceful protesters because, as Knopf stated Tuesday,
“numeral dispersal orders were given beforehand.”
“Those who remained were unlawfully present during
a riotous situation where the men and women in this
department and other agencies were standing the line
taking rocks and bottles,” he said.
Many have pointed out that there is a difference
between peaceful protesters who refuse to disperse and
individuals inciting violence. And in the eyes of
protesters and activists, police officers escalated
encounters against demonstratorsPolice release first bodycam footage from Floyd protests
SAN JOSEBy Maggie Angst
mangst@bayareanewsgroup.com
In the first publicly released body-worn camera footage
of San Jose police squaring off with protesters after the
death of George Floyd, officers in one video are
holding down a man who is saying “ I can’t breathe”
and in another clip an officer is yelling “Hell yeah!
Let’s get some.”
Nearly an hour’s worth of footage released by the San
Jose Police Department on Friday afternoon offers the
first glimpse from officers’ perspectives of three highly
criticized altercations beFOOTAGE » PAGE 6
Footage
FROM PAGE 1
tween police and protesters during downtown
demonstrations that began in late May.
The three videos – each lasting about 20-30 minutes
and showing bodycam footage from multiple officers
at the scenes – show an officer on a motorcycle striking
a pedestrian, officers using force against a man who
was pulled behind a skirmish line and Officer Jared
Yuen taunting and spewing expletives at protesters.
The release of the videos comes about three weeks
after San Jose police Chief Eddie Garcia said it could
take up to a year to make any of the protest bodycam
footage public – and just days before San Jose Mayor
Sam Liccardo was preparing to use a rarely invoked
authority to direct the city manager to more rapidly
produce the videos, with or without the blessing of the
police department.
“We hope releasing these videos will provide the
public more clarity into each of these incidents,”
Garcia wrote in a statement. “Each video is only one
piece of in- formation used to fully understand a
complex event. Some opinions and conclusions may be
affected after watching certain videos; others will not.”
Videos of the three incidents captured by the media and
hits record but not audio during that time. In this case,
the officer must have hit record after striking the
pedestrian and therefore his audio cannot be heard but
the video was retrieved.
Under the department’s policy, officers must have their
cameras on “stand-by” mode during the entirety of
their shift but are only required to record once an
officer expects to come into conduct with an
individual, Camarillo said.
The third case covered by the bodycam footage
involved an officer striking a protester, David Baca –
who approached a skirmish line after an order to
disperse was issued – in the Adam’s apple with a long
baton.
According to a Go-FundMe page set up by his wife,
Baca had approached the officers to get a closer look
and take down the name and badge number of one
officer in particular who he believed was aiming his
rounds of rubber bullets at people of color.
Baca allegedly called the officer a racist before he was
shot with multiple rubber bullets and hit with the
baton. Baca’s knee was shattered, and he was later
taken to the hospital for emergency surgery, according
to the GoFundMe page.
Police release first bodycam footage from Floyd protests
SAN JOSE
community members have been widely circulated in
recent months, and the police department previously
had posted montages of the publicly available videos
on a newly created page on its website for protest
videos. But the footage released Friday provides more
context around each incident and allows viewers to
watch them from the officers’ point of view.
In late May, videos went viral of Yuen, a six-year San
Jose Police Department veteran, making aggressive
comments toward demonstrators protesting the death
of Floyd. In multiple videos recorded by community
members, Yuen – who drew immediate and widespread
rebuke from thousands of people across the country –
could be seen taunting and shouting at protesters as he
manned downtown skirmish lines.
His behavior sparked resounding calls for his firing,
but as of Friday, the police department is still conducting an internal investigation into his conduct, and he
continues to work in an administrative role with the
department.
One of the videos released Friday depicts that scene on
May 29, when officers in a skirmish line are facing a
large group of protesters. Officers identify a suspect
who they believe threw a bottle at an officer and
attempt to arrest him. In the footage, Yuen can be heard
saying “Let’s get this motherf-” and “Hell yeah, let’s get
some” before rushing toward the suspect.
Another high-profile incident involves the video of a
police motorcycle hitting a fleeing man, first published
on Twitter in early June. The video originally posted
by a member of the public did not show what happened
before or after the collision.
The police department’s video released Friday states
that officers were attempting to arrest the man on
suspicion of felony burglary after he allegedly tried to
break into a nearby bank. Footage shows a handful of
officers chasing the man down a sidewalk before he
darts between two parked cars and into the street,
where a police motorcy- cle rams into him from behind
and knocks him to the ground.
The bodycam footage of the officer on the motorcycle
does not include audio. San Jose police Sgt. Christian
Camarillo said an officer’s camera can pick up 30
seconds before he or she
Footage released by the police department on Friday
shows that after he was struck with the baton, Baca
attempted to grab it from the officer’s hands and started
swinging at him before other officers swarmed him.
Baca can be heard yelling “I can’t breathe” while
pinned down.
Raj Jayadev, co-founder and longtime director of San
Jose-based Silicon Valley De-Bug, said the release of
the videos “looked like an organization trying to
sanitize their prior action by changing the narrative.” In
a defiant memo last month, Liccardo asked City
Manager Dave Sykes to hasten the release of body
camera videos for the three high-interest incidents
during the protests in late May through early June –
along with 10 minutes before and after the altercations
to provide viewers with more context. The rest of the
City Council was expected to authorize the mayor’s
memo at its meeting on Tuesday, giving the police
department two weeks to abide and release the videos
to the public, but the police department decided to
release it ahead of the meeting.
The council on Tuesday will still discuss a request
from the mayor for the city to create a new ordinance
that would require the release of body-worn camera
footage for incidents that the council deems to be of
“extraordinary public interest.” Liccardo said Friday
that he appreciated the police department’s decision to
release the videos early and was looking forward to
making the timely release of bodycam footage related
to high-interest incidents easier in the future.
“The public has a right to know, as does certainly the
council as policymakers,” Liccardo said in an interview
Friday. “If we’re going to bother to be forthright with
the public and fair to the officers, then we need to
allow the public to see the entire context of an incident
and not simply five seconds of some use of force
against an individual.”
Copyright (c)2020 The Mercury News, Edition. Please review new arbitration language here. 9/12/2020Police admit gaps but stand by response
‘AFTER-ACTION’ REPORT

Demonstrators take issue with characterization of
protests and continue to assert officers were often
agitators of violence
By Robert Salonga
rsalonga@bayareanewsgroup.Ecom
SAN JOSE >> A new report states that officers’
inexperience with large protest crowds led to issues
with the San Jose Police Department’s chaotic response
to demonstrators protesting the police killing of George
Floyd this summer – a response that drew widespread
criticism over the department’s use of rubber bullets,
tear gas and other munitions to disperse unarmed and
nonviolent civilians protesting the disproportionate use
of force against black men and women by police.
The “after action” report produced by SJPD was
provided to the City Council ahead of a Tuesday
meeting in which the department’s tactics and
disclosure of body-camera videos are expected to
receive more scrutiny from local lawmakers. On
Friday, the de- partment released officer-recorded
footage of three high-profile police encounters
stemming from the demonstrations between May 2
9 and June 7, though any revelations contained in those
videos were minimal, since civilian videos
of those incidents have circulated widely for months.
In the SJPD report, the department made some
concessions to complaints about violent acts against
nonviolent protesters. But the report largely repeated
previous statements about the department’s rationale
for using force during the protests, and maintained that
officers were responding to “continuous violent
confrontations with officers, rampant destruction of
property, arson and looting.” Protesters and activists
have firmly refuted that account, asserting that police
officers escalated
POLICE » PAGE 2
Police
FROM PAGE 1
encounters against demonstrators practicing nonviolent
civil disobedience.
“Tensions rose only in the presence of police, and, in
particular, when police decided to take control of
certain public spaces and prevent the movement of
protesters in certain directions,” said Sharat G. Lin, a
longtime South Bay peace activist. “Once police
declare a peaceful assembly that is constitutionally
protected to be ‘illegal,’ it is unequivocally a
provocation.” Lin was arrested June 5 after police
alleged he was shining a laser pointer at a police
helicopter, when he says he was just shining a light on
simply documented they fired ‘multiple’ rounds. The
unprecedented nature of this event does not justify the
lack of accurate documentation and need to track the
use of less lethal responses.” The department banned
bullets from crowd-control uses after the George Floyd
protests. SJPD also backed off the use of tear-gas and
similar agents after health experts decried their
respiratory effects amid the COVID-19 pandemic.
Without naming the officer, the report also add re sse s
Of f ic er Ja red Yuen’s profane comments toward
protesters that garnered international attention during
the May and June protests. The department affirmed
Yuen is now on a “non-enforcement assignment”
pending an internal affairs investigation. Yuen
accounted for 1,079 of 1,247 protest-related police
Police admit gaps but stand by response
‘AFTER-ACTION’ REPORT
a wall at City Hall as part of a musical light show. His
arrest was detailed in the report.
In explaining their response, SJPD said the department was surprised by how large and boisterous
the crowds grew in the late afternoon of May 29,
leaving commanders to rapidly call in officers and
improvise a plan to corral demonstrators, who
numbered over a thousand and had temporarily forced
the shutdown of Highway 101.
T he depar tment a cknowledged in the report that it
was not a familiar scenario for the majority of officers
dispatched to form skirmish lines near and around City
Hall, stating that most had “never experienced civil
unrest of this type” and that commanders “lacked the
sufficient training and experience” in crowd control.
But throughout the report, SJPD puts the onus on
agitators within groups of protesters for why innocent
people might have been the targets of force or police
projectiles; just 10 civilian injuries were officially
reported to or by police – a portrayal that frustrated
local activists.
“The SJPD can’t PR spin this away from the truth that
hundreds of people not only saw but experienced,” said
Raj Jayadev, co-founder of Silicon Valley De-Bug. “It
was mainly youth of color out there, that’s one
important feature to distinguish. It was teachers. I saw
reverends out there, and I saw people who wanted
protest a racist system.
“For them to mischaracterize who was there and why
they were there, it’s literally adding insult to injury.”
The report also waded into how rubber and foam bu l
le t s , p epper spr ay rounds, tear-gas canisters and stun
grenades were lobbed into crowds that refused to
disperse. According to police, more than 500 rounds
were used in the first day of protests May 29: “By the
end of the first day, most of the Department’s less lethal
munitions and chemical agents were exhausted,
requiring an improvised emergency purchase,” the
report states.
As to an exact number, the report found “the number of
less lethal rounds was difficult to quantify as many
officers complaints received by the department, according to  the report.
The report notes officer injuries – including an officer
who was knocked unconscious by a man’s punch – and
related attacks, including 181 instances of them being
hit by objects like frozen water bottles or being fired at
with a potato gun in one instance. But while the
document also addresses injuries to protesters, the
language is general and sticks closely to what has
already been reported by media or disclosed in
eyewitness videos.
Those injured in the incidents include community
activist and former police bias trainer Derrick
Sanderlin, who was shot in the groin with a police
rubber bullet while trying to de-escalate a standoff between protesters and police; Tim Harper, a citizen who
helped carry an injured officer to safety then was later
hit in the stomach with a police projectile; and David
Baca, who was hit in the Adam’s apple by an officer’s
baton when he approached a skirmish line with the aim
of taking down an officer’s name and badge number.
The primary solutions offered by SJPD involve
improving training of crowd control tactics and useofforce documentation at all levels of the force. The
report also makes a plea for ready access to a fixedwing plane for overhead surveillance of large crowds,
and states that the department wants the authority to
“fully implement” its unmanned aerial system, which
has been mostly grounded since 2014 amid privacy
concerns from city residents. Contact Robert Salonga

 

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