New Details in Fatal S.F. Police Shooting Released in Medical Examiner's Report
Bay Area Residents to Join 'Black Life Matters' Ride to Ferguson
Parents Sue S.F. Over Fatal Officer-Involved Shooting in Bernal Heights Park
Solano DA Concludes Controversial Vallejo Officer-Involved Shooting was Justified
State Supreme Court Rules for More Transparency in Police Shootings
Parents File Expanded Civil Rights Lawsuit in Son's Killing by Vallejo Police
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The Vallejo City Council voted overwhelmingly on April 6 for the city to file for Chapter 9 bankruptcy protection as the city of 117,000 struggles with a $16 million shortfall and no reserve funds for the fiscal year that begins on July 1st. The city's budget woes are being blamed in part by the ailing housing market and inflated public service employee wages. (Photo by Justin Sullivan/Getty Images)*** Local Caption *** John Garcia","imgSizes":{"kqedFullSize":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2014/07/RS10501_81018766-e1568411896416.jpg","width":1920,"height":1248}},"fetchFailed":false,"isLoading":false},"news_132034":{"type":"attachments","id":"news_132034","meta":{"index":"attachments_1591205162","site":"news","id":"132034","found":true},"title":"RS8293_IMG_8675-lpr","publishDate":1396999310,"status":"inherit","parent":131959,"modified":1396999310,"caption":"Three of the top five U.S. cities in police shootings per capita are in the Golden State. 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He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_147530":{"type":"posts","id":"news_147530","meta":{"index":"posts_1591205157","site":"news","id":"147530","score":null,"sort":[1410563164000]},"guestAuthors":[],"slug":"new-details-in-fatal-s-f-police-shooting-released-in-medical-examiners-report","title":"New Details in Fatal S.F. Police Shooting Released in Medical Examiner's Report","publishDate":1410563164,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_147578\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/NIeto.jpg\">\u003cimg class=\"wp-image-147578 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/NIeto-640x418.jpg\" alt=\"Alejandro Nieto's mother Elvira Nieto (center) leads an Aug. 22 march to announce the filing of a lawsuit against the city over the fatal shooting of her son. (Alex Emslie/KQED)\" width=\"640\" height=\"418\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/NIeto-640x418.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/NIeto-1028x672.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alejandro Nieto's mother Elvira Nieto (center) leads an Aug. 22 march to announce the filing of a lawsuit against the city over the fatal shooting of her son. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A long-awaited medical examiner's report was released today on the cause and manner of death of a 28-year-old man shot and killed by San Francisco police on March 21.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">said four days after the shooting\u003c/a> that Alejandro Nieto pointed a Taser stun gun at officers responding to reports of a man with a gun at Bernal Heights Park. The officers believed the Taser was a firearm, and shot Nieto from about 75 feet away, Suhr said.\u003c/p>\n\u003cp>Nieto died from 14 or 15 gunshot wounds, which \"may have been created by as few as ten (10) bullets,\" according to the report (\u003ca href=\"#report\">read below\u003c/a>). The medical examiner cites gunshot wounds with \"intersecting paths\" that may have been caused by one or more bullets.\u003c/p>\n\u003cp>Nieto was shot in the forehead, upper lip, chest and both arms. He appears to have been shot three times from behind, including in the back of the left shoulder, mid-back, and right lower leg, according to the report.\u003c/p>\n\u003cp>A toxicology screen turned up traces of marijuana in Nieto's blood. The medical examiner cites \"a clinical history of psychosis exacerbated by non-compliance with medications\" in the report, a factor Suhr mentioned days after the shooting.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nieto had a history of \"aggressive and bizarre behavior, auditory hallucinations, and noncompliance to psychiatric medications,\" according to the report, which also cites a 2011 incident in which Nieto was placed on a 5150 hold, meaning he was taken into custody because he was a danger to himself or others due to a mental health disorder.\u003c/p>\n\u003cp>The dead man's \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">family and supporters\u003c/a> point out that he was an aspiring probation officer who was cleared to intern at the San Francisco probation department. He was a City College student studying criminal justice, and carried the Taser for his job as a security guard at a San Francisco nightclub. Nieto was also well known in the city's Mission District, where hundreds marched last month to announce the \u003ca href=\"http://ww2.kqed.org/news/2014/08/22/Nieto-parents-sue-san-francisco/\" target=\"_blank\">filing of a civil rights lawsuit\u003c/a> over the shooting.\u003c/p>\n\u003cp>Nieto's parents are represented in the suit by Oakland-based civil rights attorney Adante Pointer.\u003c/p>\n\u003cp>\"It doesn't settle the issue on whether or not these officers acted lawfully,\" Pointer said about the medical examiner's report. \"This is a person who may have had some mental issues, and because of that, essentially he did something that warranted his death. I put my weight in an independent witness as opposed to someone who's biased and has an interest in the case.\"\u003c/p>\n\u003cp>A spokesman for the San Francisco Police Department said the department cannot comment because of the pending lawsuit.\u003c/p>\n\u003cp>The San Francisco district attorney's independent investigation into the shooting is ongoing.\u003c/p>\n\u003cp>\"Medical examiner's reports are always important when there’s an officer-involved shooting,\" said DA spokesman Alex Bastion. \"We’ll be reviewing it in conjunction with our independent investigation. There’s quite a bit of information in there.\"\u003c/p>\n\u003cp>Bastion said the district attorney's office will release a summary of its investigation when it's complete.\u003cbr>\n\u003ca name=\"report\">\u003c/a>\u003cbr>\nRead the medical examiner's report below:\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Alejandro Nieto Medical Examiner's Report 9-12-2014 on Scribd\" href=\"http://www.scribd.com/doc/239580234/Alejandro-Nieto-Medical-Examiner-s-Report-9-12-2014\">Alejandro Nieto Medical Examiner's Report 9-12-2014\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=239580234 key=key-SBeG9zkSi1NzQvECp7Ph mode=scroll]\u003c/p>\n\n","blocks":[],"excerpt":"Report says Alejandro Nieto had a recent history of mental illness. Supporters say lawsuit will continue.","status":"publish","parent":0,"modified":1415515335,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":577},"headData":{"title":"New Details in Fatal S.F. Police Shooting Released in Medical Examiner's Report | KQED","description":"Report says Alejandro Nieto had a recent history of mental illness. Supporters say lawsuit will continue.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"147530 http://ww2.kqed.org/news/?p=147530","disqusUrl":"https://ww2.kqed.org/news/2014/09/12/new-details-in-fatal-s-f-police-shooting-released-in-medical-examiners-report/","disqusTitle":"New Details in Fatal S.F. Police Shooting Released in Medical Examiner's Report","customPermalink":"2014/09/12/Nieto-medical-examiners-report/","path":"/news/147530/new-details-in-fatal-s-f-police-shooting-released-in-medical-examiners-report","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_147578\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/NIeto.jpg\">\u003cimg class=\"wp-image-147578 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/NIeto-640x418.jpg\" alt=\"Alejandro Nieto's mother Elvira Nieto (center) leads an Aug. 22 march to announce the filing of a lawsuit against the city over the fatal shooting of her son. (Alex Emslie/KQED)\" width=\"640\" height=\"418\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/NIeto-640x418.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/NIeto-1028x672.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alejandro Nieto's mother Elvira Nieto (center) leads an Aug. 22 march to announce the filing of a lawsuit against the city over the fatal shooting of her son. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A long-awaited medical examiner's report was released today on the cause and manner of death of a 28-year-old man shot and killed by San Francisco police on March 21.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">said four days after the shooting\u003c/a> that Alejandro Nieto pointed a Taser stun gun at officers responding to reports of a man with a gun at Bernal Heights Park. The officers believed the Taser was a firearm, and shot Nieto from about 75 feet away, Suhr said.\u003c/p>\n\u003cp>Nieto died from 14 or 15 gunshot wounds, which \"may have been created by as few as ten (10) bullets,\" according to the report (\u003ca href=\"#report\">read below\u003c/a>). The medical examiner cites gunshot wounds with \"intersecting paths\" that may have been caused by one or more bullets.\u003c/p>\n\u003cp>Nieto was shot in the forehead, upper lip, chest and both arms. He appears to have been shot three times from behind, including in the back of the left shoulder, mid-back, and right lower leg, according to the report.\u003c/p>\n\u003cp>A toxicology screen turned up traces of marijuana in Nieto's blood. The medical examiner cites \"a clinical history of psychosis exacerbated by non-compliance with medications\" in the report, a factor Suhr mentioned days after the shooting.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nieto had a history of \"aggressive and bizarre behavior, auditory hallucinations, and noncompliance to psychiatric medications,\" according to the report, which also cites a 2011 incident in which Nieto was placed on a 5150 hold, meaning he was taken into custody because he was a danger to himself or others due to a mental health disorder.\u003c/p>\n\u003cp>The dead man's \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">family and supporters\u003c/a> point out that he was an aspiring probation officer who was cleared to intern at the San Francisco probation department. He was a City College student studying criminal justice, and carried the Taser for his job as a security guard at a San Francisco nightclub. Nieto was also well known in the city's Mission District, where hundreds marched last month to announce the \u003ca href=\"http://ww2.kqed.org/news/2014/08/22/Nieto-parents-sue-san-francisco/\" target=\"_blank\">filing of a civil rights lawsuit\u003c/a> over the shooting.\u003c/p>\n\u003cp>Nieto's parents are represented in the suit by Oakland-based civil rights attorney Adante Pointer.\u003c/p>\n\u003cp>\"It doesn't settle the issue on whether or not these officers acted lawfully,\" Pointer said about the medical examiner's report. \"This is a person who may have had some mental issues, and because of that, essentially he did something that warranted his death. I put my weight in an independent witness as opposed to someone who's biased and has an interest in the case.\"\u003c/p>\n\u003cp>A spokesman for the San Francisco Police Department said the department cannot comment because of the pending lawsuit.\u003c/p>\n\u003cp>The San Francisco district attorney's independent investigation into the shooting is ongoing.\u003c/p>\n\u003cp>\"Medical examiner's reports are always important when there’s an officer-involved shooting,\" said DA spokesman Alex Bastion. \"We’ll be reviewing it in conjunction with our independent investigation. There’s quite a bit of information in there.\"\u003c/p>\n\u003cp>Bastion said the district attorney's office will release a summary of its investigation when it's complete.\u003cbr>\n\u003ca name=\"report\">\u003c/a>\u003cbr>\nRead the medical examiner's report below:\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Alejandro Nieto Medical Examiner's Report 9-12-2014 on Scribd\" href=\"http://www.scribd.com/doc/239580234/Alejandro-Nieto-Medical-Examiner-s-Report-9-12-2014\">Alejandro Nieto Medical Examiner's Report 9-12-2014\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/239580234/content?start_page=1&view_mode=&access_key=key-SBeG9zkSi1NzQvECp7Ph\"\n title=\"http://www.scribd.com/doc/239580234\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_239580234\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/239580234\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/147530/new-details-in-fatal-s-f-police-shooting-released-in-medical-examiners-report","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_6137","news_3156","news_6203","news_545"],"featImg":"news_147583","label":"news_6944"},"news_146060":{"type":"posts","id":"news_146060","meta":{"index":"posts_1591205157","site":"news","id":"146060","score":null,"sort":[1409253339000]},"guestAuthors":[],"slug":"bay-area-residents-to-join-black-life-matters-ride-to-ferguson","title":"Bay Area Residents to Join 'Black Life Matters' Ride to Ferguson","publishDate":1409253339,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_146078\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/IMG_1255-BLM.jpg\">\u003cimg class=\"size-medium wp-image-146078\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/IMG_1255-BLM-640x426.jpg\" alt=\"People gather at Oakland City Hall Aug. 14 and hold a moment of silence for people killed by police five days after the fatal shooting of Michael Brown in Ferguson, Missouri. (Alex Emslie/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People gather at Oakland City Hall Aug. 14 and hold a moment of silence for people killed by police five days after the fatal shooting of Michael Brown in Ferguson, Missouri. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>About two dozen people from the Bay Area are leaving by convoy today for Ferguson, Missouri, joining hundreds from around the country who plan to descend on the St. Louis suburb this weekend.\u003c/p>\n\u003cp>The national gathering comes as Ferguson continues to reel from the \u003ca href=\"http://www.usatoday.com/story/news/nation/2014/08/14/michael-brown-ferguson-missouri-timeline/14051827/\" target=\"_blank\">Aug. 9 killing\u003c/a> of unarmed black teenager Michael Brown by white police Officer Darren Wilson, and from weeks of sustained clashes between police and angry crowds protesting the shooting.\u003c/p>\n\u003cp>This weekend is organized under the Net-based group \u003ca href=\"http://blacklivesmatter.tumblr.com/\" target=\"_blank\">Black Lives Matter\u003c/a>, which seeks to bring people together \"as part of a national call to end state violence against black people,\" according to a media release.\u003c/p>\n\u003cp>What does a police \u003ca href=\"http://ww2.kqed.org/news/2014/08/15/missouri-shooting-anger-in-sf-bay-area/\" target=\"_blank\">shooting in Missouri have to do with the Bay Area\u003c/a>? Plenty, according to organizer Alicia Garza. She lives in Oakland but is already in Ferguson prepping for this weekend.\u003c/p>\n\u003cp>\"This can't happen anymore,\" she said. \"There’s no way that we can continue to have unarmed black children be shot and killed in the streets in their communities.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Garza said fury over Brown's killing resonates with anger over recent officer-involved shootings in the Bay Area.\u003c/p>\n\u003cp>\"In Oakland in particular, many people are still outraged about the murder of Oscar Grant,\" she said.\u003c/p>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\">fatal shooting of Grant\u003c/a> by BART police Officer \u003ca href=\"http://ww2.kqed.org/news/2014/06/11/bart-cop-johannes-mehserle-to-testify-in-oscar-grant-lawsuit/\" target=\"_blank\">Johannes Mehserle\u003c/a> in 2009 sparked heated protests in Oakland and skirmishes with police that flared again when Mehserle was convicted of a lesser involuntary manslaughter charge, and again at his sentencing.\u003c/p>\n\u003cp>Grant's mother, Wanda Johnson, said she plans to go to Ferguson soon to support Michael Brown's family.\u003c/p>\n\u003cp>\"I look at Oscar’s case and I look at Michael Brown’s case and see similarities,\" she said. \"First it’s taken this long to bring up any charge against the officer. Second, every day there’s something new developing with why he shot this young man, same thing with Oscar. Then you go through a phase of demonizing the young man who was shot, same thing with Oscar.\"\u003c/p>\n\u003cp>Black Lives Matter is seeking to change what the group says is a \"systemic pattern of anti-black law enforcement violence in the U.S.\" Other demands include disarming police of weapons handed down from the military, releasing the names of officers involved in killings, and redirecting law enforcement spending to impoverished African-American communities.\u003c/p>\n\u003cp>Garza said the next steps for the group will likely be determined this weekend, but she hopes the message will spread out across the country.\u003c/p>\n\u003cp>\"So that we make sure that places like Ferguson, Missouri, are not isolated from places like Oakland, California, or places like Chicago, Illinois,\" she said.\u003c/p>\n\u003cp>A spokesman for St. Louis County Police said law enforcement agencies in Ferguson are aware of the gathering planned for Labor Day weekend, but they're not commenting on what the police response may be.\u003c/p>\n\u003cp>St. Louis County arrest records list 218 bookings related to Ferguson protests between Brown's shooting on Aug. 9 and Aug. 23. The majority are misdemeanor refusal to disperse charges, with other arrests for burglary and possession of possible burglary tools, receiving stolen property, unlawful use of a weapon, trespassing, assault, disorderly conduct, resisting arrest and outstanding warrants.\u003c/p>\n\u003cp>KQED has been able to confirm that four of those arrested listed a California city of residence, and all four were for refusal to disperse. One is from San Francisco, one from Pasadena, one from Valencia and one from San Diego.\u003c/p>\n\u003cp>Johnson said despite the difficulty posed by looters and people seeking to commit other crimes, protesting killings by police is necessary, in the Bay Area and Ferguson.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Because of that, it was able to be brought to the public, and the public, seeing what happened, knew it was wrong and took action,\" she said.\u003c/p>\n\n","blocks":[],"excerpt":"Hundreds of people to descend on St. Louis suburb over Labor Day weekend to talk criminal justice reform.","status":"publish","parent":0,"modified":1414479404,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":671},"headData":{"title":"Bay Area Residents to Join 'Black Life Matters' Ride to Ferguson | KQED","description":"Hundreds of people to descend on St. Louis suburb over Labor Day weekend to talk criminal justice reform.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"146060 http://ww2.kqed.org/news/?p=146060","disqusUrl":"https://ww2.kqed.org/news/2014/08/28/bay-area-residents-to-join-black-life-matters-ride-to-ferguson/","disqusTitle":"Bay Area Residents to Join 'Black Life Matters' Ride to Ferguson","customPermalink":"2014/08/28/Bay-Area-Ride-Ferguson-Michael-Brown/","path":"/news/146060/bay-area-residents-to-join-black-life-matters-ride-to-ferguson","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_146078\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/IMG_1255-BLM.jpg\">\u003cimg class=\"size-medium wp-image-146078\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/IMG_1255-BLM-640x426.jpg\" alt=\"People gather at Oakland City Hall Aug. 14 and hold a moment of silence for people killed by police five days after the fatal shooting of Michael Brown in Ferguson, Missouri. (Alex Emslie/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People gather at Oakland City Hall Aug. 14 and hold a moment of silence for people killed by police five days after the fatal shooting of Michael Brown in Ferguson, Missouri. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>About two dozen people from the Bay Area are leaving by convoy today for Ferguson, Missouri, joining hundreds from around the country who plan to descend on the St. Louis suburb this weekend.\u003c/p>\n\u003cp>The national gathering comes as Ferguson continues to reel from the \u003ca href=\"http://www.usatoday.com/story/news/nation/2014/08/14/michael-brown-ferguson-missouri-timeline/14051827/\" target=\"_blank\">Aug. 9 killing\u003c/a> of unarmed black teenager Michael Brown by white police Officer Darren Wilson, and from weeks of sustained clashes between police and angry crowds protesting the shooting.\u003c/p>\n\u003cp>This weekend is organized under the Net-based group \u003ca href=\"http://blacklivesmatter.tumblr.com/\" target=\"_blank\">Black Lives Matter\u003c/a>, which seeks to bring people together \"as part of a national call to end state violence against black people,\" according to a media release.\u003c/p>\n\u003cp>What does a police \u003ca href=\"http://ww2.kqed.org/news/2014/08/15/missouri-shooting-anger-in-sf-bay-area/\" target=\"_blank\">shooting in Missouri have to do with the Bay Area\u003c/a>? Plenty, according to organizer Alicia Garza. She lives in Oakland but is already in Ferguson prepping for this weekend.\u003c/p>\n\u003cp>\"This can't happen anymore,\" she said. \"There’s no way that we can continue to have unarmed black children be shot and killed in the streets in their communities.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garza said fury over Brown's killing resonates with anger over recent officer-involved shootings in the Bay Area.\u003c/p>\n\u003cp>\"In Oakland in particular, many people are still outraged about the murder of Oscar Grant,\" she said.\u003c/p>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\">fatal shooting of Grant\u003c/a> by BART police Officer \u003ca href=\"http://ww2.kqed.org/news/2014/06/11/bart-cop-johannes-mehserle-to-testify-in-oscar-grant-lawsuit/\" target=\"_blank\">Johannes Mehserle\u003c/a> in 2009 sparked heated protests in Oakland and skirmishes with police that flared again when Mehserle was convicted of a lesser involuntary manslaughter charge, and again at his sentencing.\u003c/p>\n\u003cp>Grant's mother, Wanda Johnson, said she plans to go to Ferguson soon to support Michael Brown's family.\u003c/p>\n\u003cp>\"I look at Oscar’s case and I look at Michael Brown’s case and see similarities,\" she said. \"First it’s taken this long to bring up any charge against the officer. Second, every day there’s something new developing with why he shot this young man, same thing with Oscar. Then you go through a phase of demonizing the young man who was shot, same thing with Oscar.\"\u003c/p>\n\u003cp>Black Lives Matter is seeking to change what the group says is a \"systemic pattern of anti-black law enforcement violence in the U.S.\" Other demands include disarming police of weapons handed down from the military, releasing the names of officers involved in killings, and redirecting law enforcement spending to impoverished African-American communities.\u003c/p>\n\u003cp>Garza said the next steps for the group will likely be determined this weekend, but she hopes the message will spread out across the country.\u003c/p>\n\u003cp>\"So that we make sure that places like Ferguson, Missouri, are not isolated from places like Oakland, California, or places like Chicago, Illinois,\" she said.\u003c/p>\n\u003cp>A spokesman for St. Louis County Police said law enforcement agencies in Ferguson are aware of the gathering planned for Labor Day weekend, but they're not commenting on what the police response may be.\u003c/p>\n\u003cp>St. Louis County arrest records list 218 bookings related to Ferguson protests between Brown's shooting on Aug. 9 and Aug. 23. The majority are misdemeanor refusal to disperse charges, with other arrests for burglary and possession of possible burglary tools, receiving stolen property, unlawful use of a weapon, trespassing, assault, disorderly conduct, resisting arrest and outstanding warrants.\u003c/p>\n\u003cp>KQED has been able to confirm that four of those arrested listed a California city of residence, and all four were for refusal to disperse. One is from San Francisco, one from Pasadena, one from Valencia and one from San Diego.\u003c/p>\n\u003cp>Johnson said despite the difficulty posed by looters and people seeking to commit other crimes, protesting killings by police is necessary, in the Bay Area and Ferguson.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Because of that, it was able to be brought to the public, and the public, seeing what happened, knew it was wrong and took action,\" she said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/146060/bay-area-residents-to-join-black-life-matters-ride-to-ferguson","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_6879","news_6798","news_6203","news_147"],"featImg":"news_146078","label":"news_6944"},"news_145539":{"type":"posts","id":"news_145539","meta":{"index":"posts_1591205157","site":"news","id":"145539","score":null,"sort":[1408802454000]},"guestAuthors":[],"slug":"parents-sue-s-f-over-fatal-officer-involved-shooting-in-bernal-heights-park","title":"Parents Sue S.F. Over Fatal Officer-Involved Shooting in Bernal Heights Park","publishDate":1408802454,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_145576\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RS11762_IMG_1499-copy.jpg\">\u003cimg class=\"size-medium wp-image-145576\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RS11762_IMG_1499-copy-640x426.jpg\" alt=\"A protest led by Alejandro Nieto's parents moves down Folsom Street on the north side of Bernal Heights Park to San Francisco's federal courthouse on Friday. (Mark Andrew Boyer/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A protest led by Alejandro Nieto's parents moves down Folsom Street on the north side of Bernal Heights Park to San Francisco's federal courthouse on Friday. (Mark Andrew Boyer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The parents of a 28-year-old man shot and killed by San Francisco police officers on March 21 filed a federal lawsuit against the city and its police chief Friday.\u003c/p>\n\u003cp>The lawsuit (\u003ca href=\"#lawsuit\">read below\u003c/a>) disputes \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">statements SFPD Chief Greg Suhr made\u003c/a> just days after the shooting, and supporters of the slain Alejandro Nieto are suggesting a cover-up. Attorneys for Refugio and Elvira Nieto say witnesses came forward to dispute the assertion that Nieto pointed a Taser stun gun at officers just before he was shot.\u003c/p>\n\u003cp>A crowd of about 150 marched from the site of Nieto's shooting to San Francisco's federal courthouse Friday. Protesters' chants referenced \u003ca href=\"http://ww2.kqed.org/news/2014/08/15/missouri-shooting-anger-in-sf-bay-area/\" target=\"_blank\">several controversial shootings\u003c/a> by Bay Area police and the shooting of Michael Brown in Ferguson, Missouri that has recently dominated national news.\u003c/p>\n\u003cp>Nieto's death \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">sparked anger in San Francisco's Mission District\u003c/a>. He was well known in the neighborhood and a criminal justice student at City College of San Francisco where he was studying to become a juvenile probation officer. He had been an intern with the city's probation department.\u003c/p>\n\u003cfigure id=\"attachment_145578\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RS11772_IMG_1963-copy.jpg\">\u003cimg class=\"size-thumbnail wp-image-145578\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RS11772_IMG_1963-copy-300x300.jpg\" alt=\"City College of San Francisco student Rima Miles marches down Mission Street on Friday protesting the fatal police shooting of Alejandro Nieto in March. (Mark Andrew Boyer/KQED)\" width=\"300\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">City College of San Francisco student Rima Miles marches down Mission Street on Friday protesting the fatal police shooting of Alejandro Nieto in March. (Mark Andrew Boyer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>He also worked as a security guard at a nightclub near the Mission and carried a Taser for the job. Nieto stopped to eat a burrito atop the city's Bernal Heights Park on his way to work the evening he was shot.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Someone saw the holstered Taser and called police, according to Suhr's statements and \u003ca href=\"http://ww2.kqed.org/news/2014/04/16/sfpd-dispatch-audio-from-fatal-police-shooting-nieto/\" target=\"_blank\">SFPD scanner traffic\u003c/a> from the night of the shooting.\u003c/p>\n\u003cp>Suhr told an angry crowd at a March 25 town hall meeting that officers approached Nieto and asked him to show his hands. He said Nieto drew his Taser, which automatically emits a laser sight. Officers only shot after they noticed the red dot \"on them, tracking,\" Suhr said.\u003c/p>\n\u003cp>\"They believed it to be a firearm, and they fired at Mr. Nieto,\" Suhr said. \"Mr. Nieto went to the ground. He assumed a prone position, again he acquired the dot, continued to track as other officers arrived.\"\u003c/p>\n\u003cp>Suhr said at the time Nieto was prohibited from owning a firearm \"for mental health reasons,\" a statement also disputed by his supporters.\u003c/p>\n\u003cp>Oakland-based attorneys John Burris and Adante Pointer are representing Nieto's parents. Pointer said sustained protests in the Mission District compelled witnesses to contact their office.\u003c/p>\n\u003cp>\"The notion that he was waving a Taser, displaying a Taser, acting out violently with this Taser in any way toward the officers just flies in the face of what independent parties have come forward to say,\" Pointer said.\u003c/p>\n\u003cp>Potential witnesses are not named in the lawsuit. Burris said their identities will be revealed to the city through the discovery process.\u003c/p>\n\u003cp>From the federal complaint:\u003c/p>\n\u003cblockquote>\u003cp>\"[T]he ear and eye witness’ revelations undermine SFPD’s claims. Based upon the witnesses’ accounts there, in fact, was no justification for this unwarranted use of deadly force as contrary to the Defendants’ claims, they did not hear Mr. Nieto threaten anyone or see him attempt to grab or point any object at the Officers prior to being shot.\"\u003c/p>\u003c/blockquote>\n\u003cp>Based on unnamed witness accounts, Burris said Nieto \"really never had a chance to do anything. He was told to stop and as he made a minor, minor move, he was shot multiple times.\"\u003c/p>\n\u003cp>Suhr also mentioned a restraining order against Nieto allegedly stemming from a fight with a former friend in which Nieto had used his Taser. Supporters have said Nieto was pursuing his own restraining order in the matter. Pointer said the dispute appeared to be one \"between competing lovers.\"\u003c/p>\n\u003cp>A stalled medical examiner's report on Nieto's death is compounding anger in the neighborhood. A spokesman for the office would only say that the examiner's investigation is pending and that no other agency has requested that the report be sealed. The spokesman declined to give any reason for the unfinished report, which generally would include a description of an autopsy's findings and results of a toxicology screening.\u003c/p>\n\u003cp>\"It's been five months, and the medical examiner has not finished their report — what does that smell like?\" Roberto Hernandez asked during the march. \"Because it's a brown young man, they don't care.\"\u003c/p>\n\u003cp>Hernandez and others wondered how the city attorney's office could have denied a \u003ca href=\"http://ww2.kqed.org/news/2014/04/14/family-of-man-slain-by-san-francisco-police-file-claim-against-the-city/\" target=\"_blank\">wrongful death claim filed against the city\u003c/a> in April without the medical examiner's findings. The claim was denied on May 27, according to city attorney spokesman Matt Dorsey.\u003c/p>\n\u003cp>\"Claimants can't sue for most causes of action without going through the claims process,\" Dorsey wrote in a statement to KQED. He said state law requires a claim to be filed before a lawsuit in most cases.\u003c/p>\n\u003cp>\"In many cases, when we know the claimant is really looking to pursue their legal challenge in court, we don't impede the court process by drawing out the claims stage,\" Dorsey wrote. \"Rather, we issue the denial so that the path is clear for the claimant to file suit and move along in the process.\"\u003c/p>\n\u003cp>The city attorney's office denied the claim 43 days after it was filed, two days before a deadline for the city set by state law. Dorsey said if a settlement was being negotiated, the city may wait to respond to a claim beyond 45 days.\u003c/p>\n\u003cp>\u003ca name=\"lawsuit\">\u003c/a>Read the lawsuit filed Friday below:\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Refugio Nieto and Elvira Nieto v. City and County of San Francisco et al. 8/22/2014 on Scribd\" href=\"http://www.scribd.com/doc/237546801/Refugio-Nieto-and-Elvira-Nieto-v-City-and-County-of-San-Francisco-et-al-8-22-2014\">Refugio Nieto and Elvira Nieto v. City and County of San Francisco et al. 8/22/2014\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe id=\"doc_83515\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/237546801/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Attorneys say witnesses contradict police story, and Alejandro Nieto never pointed a Taser at officers.","status":"publish","parent":0,"modified":1420508873,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":973},"headData":{"title":"Parents Sue S.F. Over Fatal Officer-Involved Shooting in Bernal Heights Park | KQED","description":"Attorneys say witnesses contradict police story, and Alejandro Nieto never pointed a Taser at officers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"145539 http://ww2.kqed.org/news/?p=145539","disqusUrl":"https://ww2.kqed.org/news/2014/08/23/parents-sue-s-f-over-fatal-officer-involved-shooting-in-bernal-heights-park/","disqusTitle":"Parents Sue S.F. Over Fatal Officer-Involved Shooting in Bernal Heights Park","customPermalink":"2014/08/22/Nieto-parents-sue-san-francisco/","path":"/news/145539/parents-sue-s-f-over-fatal-officer-involved-shooting-in-bernal-heights-park","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_145576\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RS11762_IMG_1499-copy.jpg\">\u003cimg class=\"size-medium wp-image-145576\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RS11762_IMG_1499-copy-640x426.jpg\" alt=\"A protest led by Alejandro Nieto's parents moves down Folsom Street on the north side of Bernal Heights Park to San Francisco's federal courthouse on Friday. (Mark Andrew Boyer/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A protest led by Alejandro Nieto's parents moves down Folsom Street on the north side of Bernal Heights Park to San Francisco's federal courthouse on Friday. (Mark Andrew Boyer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The parents of a 28-year-old man shot and killed by San Francisco police officers on March 21 filed a federal lawsuit against the city and its police chief Friday.\u003c/p>\n\u003cp>The lawsuit (\u003ca href=\"#lawsuit\">read below\u003c/a>) disputes \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">statements SFPD Chief Greg Suhr made\u003c/a> just days after the shooting, and supporters of the slain Alejandro Nieto are suggesting a cover-up. Attorneys for Refugio and Elvira Nieto say witnesses came forward to dispute the assertion that Nieto pointed a Taser stun gun at officers just before he was shot.\u003c/p>\n\u003cp>A crowd of about 150 marched from the site of Nieto's shooting to San Francisco's federal courthouse Friday. Protesters' chants referenced \u003ca href=\"http://ww2.kqed.org/news/2014/08/15/missouri-shooting-anger-in-sf-bay-area/\" target=\"_blank\">several controversial shootings\u003c/a> by Bay Area police and the shooting of Michael Brown in Ferguson, Missouri that has recently dominated national news.\u003c/p>\n\u003cp>Nieto's death \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">sparked anger in San Francisco's Mission District\u003c/a>. He was well known in the neighborhood and a criminal justice student at City College of San Francisco where he was studying to become a juvenile probation officer. He had been an intern with the city's probation department.\u003c/p>\n\u003cfigure id=\"attachment_145578\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RS11772_IMG_1963-copy.jpg\">\u003cimg class=\"size-thumbnail wp-image-145578\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RS11772_IMG_1963-copy-300x300.jpg\" alt=\"City College of San Francisco student Rima Miles marches down Mission Street on Friday protesting the fatal police shooting of Alejandro Nieto in March. (Mark Andrew Boyer/KQED)\" width=\"300\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">City College of San Francisco student Rima Miles marches down Mission Street on Friday protesting the fatal police shooting of Alejandro Nieto in March. (Mark Andrew Boyer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>He also worked as a security guard at a nightclub near the Mission and carried a Taser for the job. Nieto stopped to eat a burrito atop the city's Bernal Heights Park on his way to work the evening he was shot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Someone saw the holstered Taser and called police, according to Suhr's statements and \u003ca href=\"http://ww2.kqed.org/news/2014/04/16/sfpd-dispatch-audio-from-fatal-police-shooting-nieto/\" target=\"_blank\">SFPD scanner traffic\u003c/a> from the night of the shooting.\u003c/p>\n\u003cp>Suhr told an angry crowd at a March 25 town hall meeting that officers approached Nieto and asked him to show his hands. He said Nieto drew his Taser, which automatically emits a laser sight. Officers only shot after they noticed the red dot \"on them, tracking,\" Suhr said.\u003c/p>\n\u003cp>\"They believed it to be a firearm, and they fired at Mr. Nieto,\" Suhr said. \"Mr. Nieto went to the ground. He assumed a prone position, again he acquired the dot, continued to track as other officers arrived.\"\u003c/p>\n\u003cp>Suhr said at the time Nieto was prohibited from owning a firearm \"for mental health reasons,\" a statement also disputed by his supporters.\u003c/p>\n\u003cp>Oakland-based attorneys John Burris and Adante Pointer are representing Nieto's parents. Pointer said sustained protests in the Mission District compelled witnesses to contact their office.\u003c/p>\n\u003cp>\"The notion that he was waving a Taser, displaying a Taser, acting out violently with this Taser in any way toward the officers just flies in the face of what independent parties have come forward to say,\" Pointer said.\u003c/p>\n\u003cp>Potential witnesses are not named in the lawsuit. Burris said their identities will be revealed to the city through the discovery process.\u003c/p>\n\u003cp>From the federal complaint:\u003c/p>\n\u003cblockquote>\u003cp>\"[T]he ear and eye witness’ revelations undermine SFPD’s claims. Based upon the witnesses’ accounts there, in fact, was no justification for this unwarranted use of deadly force as contrary to the Defendants’ claims, they did not hear Mr. Nieto threaten anyone or see him attempt to grab or point any object at the Officers prior to being shot.\"\u003c/p>\u003c/blockquote>\n\u003cp>Based on unnamed witness accounts, Burris said Nieto \"really never had a chance to do anything. He was told to stop and as he made a minor, minor move, he was shot multiple times.\"\u003c/p>\n\u003cp>Suhr also mentioned a restraining order against Nieto allegedly stemming from a fight with a former friend in which Nieto had used his Taser. Supporters have said Nieto was pursuing his own restraining order in the matter. Pointer said the dispute appeared to be one \"between competing lovers.\"\u003c/p>\n\u003cp>A stalled medical examiner's report on Nieto's death is compounding anger in the neighborhood. A spokesman for the office would only say that the examiner's investigation is pending and that no other agency has requested that the report be sealed. The spokesman declined to give any reason for the unfinished report, which generally would include a description of an autopsy's findings and results of a toxicology screening.\u003c/p>\n\u003cp>\"It's been five months, and the medical examiner has not finished their report — what does that smell like?\" Roberto Hernandez asked during the march. \"Because it's a brown young man, they don't care.\"\u003c/p>\n\u003cp>Hernandez and others wondered how the city attorney's office could have denied a \u003ca href=\"http://ww2.kqed.org/news/2014/04/14/family-of-man-slain-by-san-francisco-police-file-claim-against-the-city/\" target=\"_blank\">wrongful death claim filed against the city\u003c/a> in April without the medical examiner's findings. The claim was denied on May 27, according to city attorney spokesman Matt Dorsey.\u003c/p>\n\u003cp>\"Claimants can't sue for most causes of action without going through the claims process,\" Dorsey wrote in a statement to KQED. He said state law requires a claim to be filed before a lawsuit in most cases.\u003c/p>\n\u003cp>\"In many cases, when we know the claimant is really looking to pursue their legal challenge in court, we don't impede the court process by drawing out the claims stage,\" Dorsey wrote. \"Rather, we issue the denial so that the path is clear for the claimant to file suit and move along in the process.\"\u003c/p>\n\u003cp>The city attorney's office denied the claim 43 days after it was filed, two days before a deadline for the city set by state law. Dorsey said if a settlement was being negotiated, the city may wait to respond to a claim beyond 45 days.\u003c/p>\n\u003cp>\u003ca name=\"lawsuit\">\u003c/a>Read the lawsuit filed Friday below:\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Refugio Nieto and Elvira Nieto v. City and County of San Francisco et al. 8/22/2014 on Scribd\" href=\"http://www.scribd.com/doc/237546801/Refugio-Nieto-and-Elvira-Nieto-v-City-and-County-of-San-Francisco-et-al-8-22-2014\">Refugio Nieto and Elvira Nieto v. City and County of San Francisco et al. 8/22/2014\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe id=\"doc_83515\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/237546801/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/145539/parents-sue-s-f-over-fatal-officer-involved-shooting-in-bernal-heights-park","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_6137","news_3156","news_6203","news_545"],"featImg":"news_145578","label":"news_6944"},"news_142389":{"type":"posts","id":"news_142389","meta":{"index":"posts_1591205157","site":"news","id":"142389","score":null,"sort":[1405991869000]},"guestAuthors":[],"slug":"solano-da-concludes-controversial-vallejo-officer-involved-shooting-was-justified","title":"Solano DA Concludes Controversial Vallejo Officer-Involved Shooting was Justified","publishDate":1405991869,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_136563\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/81017988.jpg\">\u003cimg class=\"size-medium wp-image-136563\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/81017988-640x437.jpg\" alt=\"A pattern of officer-involved shootings in Vallejo raise eyebrows. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"437\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Solano County district attorney recently concluded a 2012 officer-involved shooting by Vallejo police was a lawful use of deadly force. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The Solano County district attorney has determined that a Vallejo police officer's \u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">fatal shooting of Jeremiah Moore\u003c/a> was lawful, nearly 21 months after the Oct. 21, 2012, incident.\u003c/p>\n\u003cp>A summary letter (\u003ca href=\"#document\">below\u003c/a>) to Vallejo Police Chief Joseph Kreins, dated July 8, means that two of three fatal police shooting investigations involving the same officer, Sean Kenney, are now finished. The three shootings occurred over about five months in 2012. The other completed probe found that a September 2012 shooting was also justifiable. The district attorney's investigation into the first 2012 shooting involving Kenney remains unfinished more than two years later.\u003c/p>\n\u003cp>“That it takes a year, two, three years to investigate these — there’s really not much justification for that other than either bureaucratic bungling or simply being unwilling to want to get the answers,” said Dennis Kenney, a professor at John Jay College of Criminal Justice, on a \u003ca href=\"http://www.kqed.org/a/forum/R201405220900\" target=\"_blank\">broadcast of KQED's \u003cem>Forum\u003c/em>\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp style=\"font-size: 15px\">KQED's \u003cem>Forum\u003c/em> on Vallejo officer-involved shootings:\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/150793550\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\u003c/aside>\n\u003cp>All \u003ca href=\"http://ww2.kqed.org/news/vallejo-police-officer-named-in-three-fatal-shootings\" target=\"_blank\">three shootings are controversial and are the subject of separate lawsuits\u003c/a> against the city, its police department and Officer Kenney (no relation to the professor).\u003c/p>\n\u003cp>In the July 8 letter about the Moore shooting, Chief Deputy District Attorney Terry Ray describes the response of several officers to multiple calls from a quiet neighborhood in a city with a \u003ca href=\"http://ww2.kqed.org/news/2014/05/20/vallejo-city-manager-responds-to-questions-about-police-shootings/\" target=\"_blank\">reputation for violent crime\u003c/a>. Neighbors had reported two naked men arguing and breaking their own car windows outside their residence at 2504 Alameda St.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Neighbor Marvin Clouse, who videotaped much of the incident, told KQED he rushed inside to call the fire department when he heard the men talk about starting to set their house on fire.\u003c/p>\n\u003cp>Officers arrived at a darkened house with broken windows and an open front door, according to the letter. Kenney and Sgt. Brett Clark approached the darkened front door with flashlights, and Clark was carrying a \"37 mm less-lethal munitions gun,\" a launcher that can fire impact rounds like rubber bullets. The letter says an off-duty officer who was riding along with Kenney shouted \"'he's got a gun,' or something similar.\"\u003c/p>\n\u003cp>Clark, at the front door, called for people inside the house to come out as Kenney covered him from the side. One of the naked men complied and got on the ground, but as Kenney reached for his handcuffs, he saw the barrel of a rifle but not who was holding it, according to the letter.\u003c/p>\n\u003cp>\"He yelled commands and fired several shots where he believed the subject with the rifle would be standing,\" the summary says. After the first barrage of gunshots, both men were lying on the ground and officers commanded them to show their hands.\u003c/p>\n\u003cp>\"The first white male complied; however, the second male was seen reaching for the rifle,\" the letter says. \"The second male did not comply with the commands that Officer Kenney was giving, so Officer Kenney fired his weapon two more times.\"\u003c/p>\n\u003cp>Oakland-based civil rights attorney Michael Haddad, who is representing Jeremiah Moore's parents in a federal wrongful death lawsuit against the city, says the district attorney's review does not affect the lawsuit.\u003c/p>\n\u003cp>\"It doesn’t even make sense,\" Haddad said, \"and it conflicts with the press release initially offered by the Vallejo Police Department.\"\u003c/p>\n\u003cp>The department initially reported that a man with a rifle appeared and \"placed the barrel of the rifle directly against an officer's stomach.\" Another officer \"immediately discharged his firearm at the man with the rifle. The man with the rifle fell to the floor and was taken into custody,\" the initial police statement says.\u003c/p>\n\u003cp>\"They don’t mention the final two shots that now the DA report talks about,\" Haddad said.\u003c/p>\n\u003cp>\u003cem>Neighbor Marvin Clouse's camera did not capture much visually about the incident, but listen below to the audio of the first round of gunshots followed several seconds later by two final shots. This audio is graphic. KQED has made no internal edits to the sound clip.\u003c/em>\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/143585887\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Haddad said the evolving narrative about the incident piques his interest in Jeremiah Moore's autopsy, which has remained sealed by Vallejo police. A representative for the Solano County coroner confirmed Moore's autopsy remains \"protected\" by order of the Vallejo Police Department, despite the conclusion of the district attorney's investigation.\u003c/p>\n\u003cp>Vallejo police did not return calls inquiring about the status of the coroner's report and seeking an explanation of the protocol for the presence of an off-duty \"ride along\" officer who it appears was from another Bay Area police department, which also did not return calls seeking confirmation.\u003c/p>\n\u003cp>The district attorney's summary also seems to contradict statements from Jaime Alvarado, a witness who says he watched the scene play out from his upstairs window across the street.\u003c/p>\n\u003cp>Alvarado told KQED that an officer at the base of the steps to the home fired several shots at a naked man with his hands up standing in the doorway. Alvarado estimated the officer was 8-10 feet away from the man when he fired.\u003c/p>\n\u003cp>Haddad said the district attorney's conclusions don't change anything about the Moores' lawsuit.\u003c/p>\n\u003cp>\"Even though the DA won't hold officers accountable, we can,\" Haddad said.\u003c/p>\n\u003cp>The investigation was completed during a lame-duck period for outgoing Solano District Attorney Don du Bain. He was unseated in the June primary election by Krishna Abrams, a top prosecutor within the office who campaigned on strong support from county law enforcement agencies and attorneys. She \u003ca href=\"http://www.timesheraldonline.com/news/ci_25317390/krishna-abrams-announces-candidacy-district-attorney\" target=\"_blank\">criticized ethics\u003c/a> within the office following a \u003ca href=\"http://www.thereporter.com/crimebeat/ci_25188139/former-solano-county-pathologists-records-released\" target=\"_blank\">controversy\u003c/a> involving prosecutors, police and the former county medical examiner. Abrams is scheduled to take office Jan. 5, 2015.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca name=\"document\">\u003c/a>\u003cbr>\nRead the district attorney's summary letter to Chief Kreins below:\u003cbr>\n[scribd id=234710312 key=key-RUPOPTxjI0Kc7eWkbZBo mode=scroll]\u003c/p>\n\n","blocks":[],"excerpt":"But lawyer for Jeremiah Moore's family vows lawsuit over October 2012 incident will continue.","status":"publish","parent":0,"modified":1414377327,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":1063},"headData":{"title":"Solano DA Concludes Controversial Vallejo Officer-Involved Shooting was Justified | KQED","description":"But lawyer for Jeremiah Moore's family vows lawsuit over October 2012 incident will continue.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"142389 http://ww2.kqed.org/news/?p=142389","disqusUrl":"https://ww2.kqed.org/news/2014/07/21/solano-da-concludes-controversial-vallejo-officer-involved-shooting-was-justified/","disqusTitle":"Solano DA Concludes Controversial Vallejo Officer-Involved Shooting was Justified","customPermalink":"2014/07/21/da-vallejo-officer-involved-shooting-lawful-jeremiah-moore/","path":"/news/142389/solano-da-concludes-controversial-vallejo-officer-involved-shooting-was-justified","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_136563\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/81017988.jpg\">\u003cimg class=\"size-medium wp-image-136563\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/81017988-640x437.jpg\" alt=\"A pattern of officer-involved shootings in Vallejo raise eyebrows. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"437\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Solano County district attorney recently concluded a 2012 officer-involved shooting by Vallejo police was a lawful use of deadly force. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The Solano County district attorney has determined that a Vallejo police officer's \u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">fatal shooting of Jeremiah Moore\u003c/a> was lawful, nearly 21 months after the Oct. 21, 2012, incident.\u003c/p>\n\u003cp>A summary letter (\u003ca href=\"#document\">below\u003c/a>) to Vallejo Police Chief Joseph Kreins, dated July 8, means that two of three fatal police shooting investigations involving the same officer, Sean Kenney, are now finished. The three shootings occurred over about five months in 2012. The other completed probe found that a September 2012 shooting was also justifiable. The district attorney's investigation into the first 2012 shooting involving Kenney remains unfinished more than two years later.\u003c/p>\n\u003cp>“That it takes a year, two, three years to investigate these — there’s really not much justification for that other than either bureaucratic bungling or simply being unwilling to want to get the answers,” said Dennis Kenney, a professor at John Jay College of Criminal Justice, on a \u003ca href=\"http://www.kqed.org/a/forum/R201405220900\" target=\"_blank\">broadcast of KQED's \u003cem>Forum\u003c/em>\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp style=\"font-size: 15px\">KQED's \u003cem>Forum\u003c/em> on Vallejo officer-involved shootings:\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/150793550&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/150793550'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\u003c/aside>\n\u003cp>All \u003ca href=\"http://ww2.kqed.org/news/vallejo-police-officer-named-in-three-fatal-shootings\" target=\"_blank\">three shootings are controversial and are the subject of separate lawsuits\u003c/a> against the city, its police department and Officer Kenney (no relation to the professor).\u003c/p>\n\u003cp>In the July 8 letter about the Moore shooting, Chief Deputy District Attorney Terry Ray describes the response of several officers to multiple calls from a quiet neighborhood in a city with a \u003ca href=\"http://ww2.kqed.org/news/2014/05/20/vallejo-city-manager-responds-to-questions-about-police-shootings/\" target=\"_blank\">reputation for violent crime\u003c/a>. Neighbors had reported two naked men arguing and breaking their own car windows outside their residence at 2504 Alameda St.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Neighbor Marvin Clouse, who videotaped much of the incident, told KQED he rushed inside to call the fire department when he heard the men talk about starting to set their house on fire.\u003c/p>\n\u003cp>Officers arrived at a darkened house with broken windows and an open front door, according to the letter. Kenney and Sgt. Brett Clark approached the darkened front door with flashlights, and Clark was carrying a \"37 mm less-lethal munitions gun,\" a launcher that can fire impact rounds like rubber bullets. The letter says an off-duty officer who was riding along with Kenney shouted \"'he's got a gun,' or something similar.\"\u003c/p>\n\u003cp>Clark, at the front door, called for people inside the house to come out as Kenney covered him from the side. One of the naked men complied and got on the ground, but as Kenney reached for his handcuffs, he saw the barrel of a rifle but not who was holding it, according to the letter.\u003c/p>\n\u003cp>\"He yelled commands and fired several shots where he believed the subject with the rifle would be standing,\" the summary says. After the first barrage of gunshots, both men were lying on the ground and officers commanded them to show their hands.\u003c/p>\n\u003cp>\"The first white male complied; however, the second male was seen reaching for the rifle,\" the letter says. \"The second male did not comply with the commands that Officer Kenney was giving, so Officer Kenney fired his weapon two more times.\"\u003c/p>\n\u003cp>Oakland-based civil rights attorney Michael Haddad, who is representing Jeremiah Moore's parents in a federal wrongful death lawsuit against the city, says the district attorney's review does not affect the lawsuit.\u003c/p>\n\u003cp>\"It doesn’t even make sense,\" Haddad said, \"and it conflicts with the press release initially offered by the Vallejo Police Department.\"\u003c/p>\n\u003cp>The department initially reported that a man with a rifle appeared and \"placed the barrel of the rifle directly against an officer's stomach.\" Another officer \"immediately discharged his firearm at the man with the rifle. The man with the rifle fell to the floor and was taken into custody,\" the initial police statement says.\u003c/p>\n\u003cp>\"They don’t mention the final two shots that now the DA report talks about,\" Haddad said.\u003c/p>\n\u003cp>\u003cem>Neighbor Marvin Clouse's camera did not capture much visually about the incident, but listen below to the audio of the first round of gunshots followed several seconds later by two final shots. This audio is graphic. KQED has made no internal edits to the sound clip.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/143585887&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/143585887'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Haddad said the evolving narrative about the incident piques his interest in Jeremiah Moore's autopsy, which has remained sealed by Vallejo police. A representative for the Solano County coroner confirmed Moore's autopsy remains \"protected\" by order of the Vallejo Police Department, despite the conclusion of the district attorney's investigation.\u003c/p>\n\u003cp>Vallejo police did not return calls inquiring about the status of the coroner's report and seeking an explanation of the protocol for the presence of an off-duty \"ride along\" officer who it appears was from another Bay Area police department, which also did not return calls seeking confirmation.\u003c/p>\n\u003cp>The district attorney's summary also seems to contradict statements from Jaime Alvarado, a witness who says he watched the scene play out from his upstairs window across the street.\u003c/p>\n\u003cp>Alvarado told KQED that an officer at the base of the steps to the home fired several shots at a naked man with his hands up standing in the doorway. Alvarado estimated the officer was 8-10 feet away from the man when he fired.\u003c/p>\n\u003cp>Haddad said the district attorney's conclusions don't change anything about the Moores' lawsuit.\u003c/p>\n\u003cp>\"Even though the DA won't hold officers accountable, we can,\" Haddad said.\u003c/p>\n\u003cp>The investigation was completed during a lame-duck period for outgoing Solano District Attorney Don du Bain. He was unseated in the June primary election by Krishna Abrams, a top prosecutor within the office who campaigned on strong support from county law enforcement agencies and attorneys. She \u003ca href=\"http://www.timesheraldonline.com/news/ci_25317390/krishna-abrams-announces-candidacy-district-attorney\" target=\"_blank\">criticized ethics\u003c/a> within the office following a \u003ca href=\"http://www.thereporter.com/crimebeat/ci_25188139/former-solano-county-pathologists-records-released\" target=\"_blank\">controversy\u003c/a> involving prosecutors, police and the former county medical examiner. Abrams is scheduled to take office Jan. 5, 2015.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"document\">\u003c/a>\u003cbr>\nRead the district attorney's summary letter to Chief Kreins below:\u003cbr>\n\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/234710312/content?start_page=1&view_mode=&access_key=key-RUPOPTxjI0Kc7eWkbZBo\"\n title=\"http://www.scribd.com/doc/234710312\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_234710312\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/234710312\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/142389/solano-da-concludes-controversial-vallejo-officer-involved-shooting-was-justified","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_6084","news_3156","news_6203","news_273"],"featImg":"news_142464","label":"news_6944"},"news_137494":{"type":"posts","id":"news_137494","meta":{"index":"posts_1591205157","site":"news","id":"137494","score":null,"sort":[1401413142000]},"guestAuthors":[],"slug":"state-supreme-court-rules-for-more-transparency-in-police-shootings","title":"State Supreme Court Rules for More Transparency in Police Shootings","publishDate":1401413142,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_132034\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/RS8293_IMG_8675-lpr.jpg\">\u003cimg class=\"size-medium wp-image-132034\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/RS8293_IMG_8675-lpr-640x426.jpg\" alt=\"Three of the top five U.S. cities in police shootings per capita are in the Golden State. (Alex Emslie/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Three of the top five U.S. cities in police shootings per capita are in the Golden State. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The state Supreme Court ruled today that the public's interest in knowing the names of police officers involved in shootings should generally outweigh privacy concerns for the officers.\u003c/p>\n\u003cp>The case, Long Beach Police Officers Association v. City of Long Beach (Los Angeles Times Communications), appears to have narrowed exceptions to California public records laws. It stems from a dispute between the Los Angeles Times and Long Beach Police Department over access to the names of officers involved in the 2010 fatal shooting of Douglas Zerby, who police believed pointed a gun at the officers. The object Zerby was holding turned out to be a garden hose spray nozzle. The Times filed a California Public Records Act request for the names of the officers involved in the Zerby shooting and the names of all Long Beach officers involved in shootings for the prior six-year period.\u003c/p>\n\u003cp>The identities of officers involved in the Zerby shooting were eventually released by prosecutors, \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-officer-names-20140529-story.html\" target=\"_blank\">according to the Times\u003c/a>, but the issue of access to the information wasn't settled until today.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\">California Public Records Act\u003c/a> contains what the court calls a \"catchall exemption\" that allows a public agency \"to justify withholding any record by demonstrating that ... on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.\"\u003c/p>\n\u003cp>The court solidified today, however, that \"this provision contemplates a case-by-case balancing process, with the clear burden of proof on the proponent of nondisclosure to demonstrate a clear overbalance on the side of confidentiality.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Government agencies may also withhold records relating to personnel files of an officer under a separate exception in California's public records law and the 2006 state Supreme Court ruling in \u003ca href=\"http://gov.uchastings.edu/docs/CaseCopley.pdf\" target=\"_blank\">Copley Press, Inc. v. Superior Court\u003c/a>, which expanded the personnel file protections for police officers.\u003c/p>\n\u003cp>\"I think it’s an opinion that really narrows the exceptions to the public records act, including exceptions built into the public records act and Copley Press,\" said David Greene, a member of the Northern California Society of Professional Journalists' Freedom of Information Committee.\u003c/p>\n\u003cp>Greene said today's ruling goes farther than just compelling police departments to release the names of officers involved in shootings — it severs incident reports and other records generated by police departments that have been widely claimed to be protected by personnel or evidence exceptions to the public records act.\u003c/p>\n\u003cp>From the ruling:\u003c/p>\n\u003cblockquote>\u003cp>[m]any records routinely maintained by law enforcement agencies are not personnel records. For example, the information contained in the initial incident reports of an on-duty shooting are typically not personnel records as that term is defined in Penal Code section 832.8. It may be true that such shootings are routinely investigated by the employing agency, resulting eventually in some sort of officer appraisal or discipline. But only the records \u003cem>generated\u003c/em> in connection with that appraisal or discipline would come within the statutory definition of personnel records ... We do not read the phrase \"records relating to . . . [¶] . . . [¶] . . . [e]mployee . . . appraisal[] or discipline\" (ibid.) so broadly as to include every record that might be considered for purposes of an officer‘s appraisal or discipline, for such a broad reading of the statute would sweep virtually all law enforcement records into the protected category of \"personnel records.\"\u003c/p>\u003c/blockquote>\n\u003cp>The ruling maintains officers' names may still sometimes be withheld, “if it is essential to protect an officer’s anonymity for safety reasons or for reason peculiar to the officer’s duties – as, for example, in the case of an undercover officer – then the public interest in disclosure of the officer’s name may need to give way.”\u003c/p>\n\u003cp>The Long Beach Police Officers Association argued that police officers sometimes receive threats after these shootings, but that wasn't specific enough, according to the ruling. “That determination, however, would need to be based on a particularized showing, which was not made here.”\u003c/p>\n\u003cp>Michael Rains is an attorney who specializes in defending police officers in disciplinary, criminal and civil cases.\u003c/p>\n\u003cp>\"Make no mistake about it, I think this decision does leave open this argument that where there is some credible threat to the officer's safety, the name would not or should not be disclosed,\" he said. \"We take that very seriously.\"\u003c/p>\n\u003cp>Rains didn't see anything in the ruling that would compel police departments to release officers' names, incident reports or any other information about a shooting within a certain time frame, and he described how his law firm may advise police departments on the issue.\u003c/p>\n\u003cp>\"I’ve asked them at times to not disclose the officer’s name if we are representing the officer, because we really wanted to get a sense as to where the publicity was going,\" Rains said. \"If the public response is the officer did something horrible and needs to pay the price, we would like to see how that evolves over the next day or two, and if there is not a public outcry, there may be less of a concern about the officer's safety.\"\u003c/p>\n\u003cp>Gary Delagnes, retired San Francisco Police Department officer and former president of the San Francisco police officers union, said there is sometimes a public interest in knowing the name of a police officer who has shot someone, but he thinks the court got the burden of proof wrong.\u003c/p>\n\u003cp>\"I think they got it backwards,\" he said, adding that news organizations or whoever is interested in the information should have to prove why it's in the public interest to disclose it.\u003c/p>\n\u003cp>\"It's a guilty until proven innocent situation,\" Delagnes said. \"That’s just not fair to the cop. But on the other hand, for equal and fair play, when you’re given a gun and you’re given the ability to arrest people and take people’s civil rights away from them, and if you have a long history of continued problems within the department, I think the public has a right to know the history of the officer, if in fact it is a bad history.\"\u003c/p>\n\u003cp>He didn't know how the press would know what information to request because complaints of excessive force and other information about officers' records remain sealed, but he cautioned against releasing an officer's name without good reason. Police departments will usually be unable to meet the particularized showing requirement, he said, but there remains a real threat to officer safety and the possibility of harming the officer.\u003c/p>\n\u003cp>\"The myth about cops, because people see it on TV, is that cops get in shootings all the time and it’s no big deal,\" Delagnes said. \"I’ve never met a cop that wanted to shoot somebody.\"\u003c/p>\n\u003cp>Read the full ruling below:\u003cbr>\n \u003cbr>\n[scribd id=227096918 key=key-zqcND1JQJCNAk6x9jD1m mode=scroll]\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Long Beach Police Officers Association v. City of Long Beach et al. (Los Angeles Times Communications) Ruling on Scribd\" href=\"http://www.scribd.com/doc/227096918/Long-Beach-Police-Officers-Association-v-City-of-Long-Beach-et-al-Los-Angeles-Times-Communications-Ruling\">Long Beach Police Officers Association v. City of Long Beach et al. (Los Angeles Times Communications) Rul...\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp> \u003c/p>\n\n","blocks":[],"excerpt":"Public's interest in knowing names of officers should usually outweigh privacy concerns, court decides.","status":"publish","parent":0,"modified":1420565947,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":1210},"headData":{"title":"State Supreme Court Rules for More Transparency in Police Shootings | KQED","description":"Public's interest in knowing names of officers should usually outweigh privacy concerns, court decides.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"137494 http://ww2.kqed.org/news/?p=137494","disqusUrl":"https://ww2.kqed.org/news/2014/05/29/state-supreme-court-rules-for-more-transparency-in-police-shootings/","disqusTitle":"State Supreme Court Rules for More Transparency in Police Shootings","path":"/news/137494/state-supreme-court-rules-for-more-transparency-in-police-shootings","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_132034\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/RS8293_IMG_8675-lpr.jpg\">\u003cimg class=\"size-medium wp-image-132034\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/RS8293_IMG_8675-lpr-640x426.jpg\" alt=\"Three of the top five U.S. cities in police shootings per capita are in the Golden State. (Alex Emslie/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Three of the top five U.S. cities in police shootings per capita are in the Golden State. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The state Supreme Court ruled today that the public's interest in knowing the names of police officers involved in shootings should generally outweigh privacy concerns for the officers.\u003c/p>\n\u003cp>The case, Long Beach Police Officers Association v. City of Long Beach (Los Angeles Times Communications), appears to have narrowed exceptions to California public records laws. It stems from a dispute between the Los Angeles Times and Long Beach Police Department over access to the names of officers involved in the 2010 fatal shooting of Douglas Zerby, who police believed pointed a gun at the officers. The object Zerby was holding turned out to be a garden hose spray nozzle. The Times filed a California Public Records Act request for the names of the officers involved in the Zerby shooting and the names of all Long Beach officers involved in shootings for the prior six-year period.\u003c/p>\n\u003cp>The identities of officers involved in the Zerby shooting were eventually released by prosecutors, \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-officer-names-20140529-story.html\" target=\"_blank\">according to the Times\u003c/a>, but the issue of access to the information wasn't settled until today.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270\" target=\"_blank\">California Public Records Act\u003c/a> contains what the court calls a \"catchall exemption\" that allows a public agency \"to justify withholding any record by demonstrating that ... on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.\"\u003c/p>\n\u003cp>The court solidified today, however, that \"this provision contemplates a case-by-case balancing process, with the clear burden of proof on the proponent of nondisclosure to demonstrate a clear overbalance on the side of confidentiality.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Government agencies may also withhold records relating to personnel files of an officer under a separate exception in California's public records law and the 2006 state Supreme Court ruling in \u003ca href=\"http://gov.uchastings.edu/docs/CaseCopley.pdf\" target=\"_blank\">Copley Press, Inc. v. Superior Court\u003c/a>, which expanded the personnel file protections for police officers.\u003c/p>\n\u003cp>\"I think it’s an opinion that really narrows the exceptions to the public records act, including exceptions built into the public records act and Copley Press,\" said David Greene, a member of the Northern California Society of Professional Journalists' Freedom of Information Committee.\u003c/p>\n\u003cp>Greene said today's ruling goes farther than just compelling police departments to release the names of officers involved in shootings — it severs incident reports and other records generated by police departments that have been widely claimed to be protected by personnel or evidence exceptions to the public records act.\u003c/p>\n\u003cp>From the ruling:\u003c/p>\n\u003cblockquote>\u003cp>[m]any records routinely maintained by law enforcement agencies are not personnel records. For example, the information contained in the initial incident reports of an on-duty shooting are typically not personnel records as that term is defined in Penal Code section 832.8. It may be true that such shootings are routinely investigated by the employing agency, resulting eventually in some sort of officer appraisal or discipline. But only the records \u003cem>generated\u003c/em> in connection with that appraisal or discipline would come within the statutory definition of personnel records ... We do not read the phrase \"records relating to . . . [¶] . . . [¶] . . . [e]mployee . . . appraisal[] or discipline\" (ibid.) so broadly as to include every record that might be considered for purposes of an officer‘s appraisal or discipline, for such a broad reading of the statute would sweep virtually all law enforcement records into the protected category of \"personnel records.\"\u003c/p>\u003c/blockquote>\n\u003cp>The ruling maintains officers' names may still sometimes be withheld, “if it is essential to protect an officer’s anonymity for safety reasons or for reason peculiar to the officer’s duties – as, for example, in the case of an undercover officer – then the public interest in disclosure of the officer’s name may need to give way.”\u003c/p>\n\u003cp>The Long Beach Police Officers Association argued that police officers sometimes receive threats after these shootings, but that wasn't specific enough, according to the ruling. “That determination, however, would need to be based on a particularized showing, which was not made here.”\u003c/p>\n\u003cp>Michael Rains is an attorney who specializes in defending police officers in disciplinary, criminal and civil cases.\u003c/p>\n\u003cp>\"Make no mistake about it, I think this decision does leave open this argument that where there is some credible threat to the officer's safety, the name would not or should not be disclosed,\" he said. \"We take that very seriously.\"\u003c/p>\n\u003cp>Rains didn't see anything in the ruling that would compel police departments to release officers' names, incident reports or any other information about a shooting within a certain time frame, and he described how his law firm may advise police departments on the issue.\u003c/p>\n\u003cp>\"I’ve asked them at times to not disclose the officer’s name if we are representing the officer, because we really wanted to get a sense as to where the publicity was going,\" Rains said. \"If the public response is the officer did something horrible and needs to pay the price, we would like to see how that evolves over the next day or two, and if there is not a public outcry, there may be less of a concern about the officer's safety.\"\u003c/p>\n\u003cp>Gary Delagnes, retired San Francisco Police Department officer and former president of the San Francisco police officers union, said there is sometimes a public interest in knowing the name of a police officer who has shot someone, but he thinks the court got the burden of proof wrong.\u003c/p>\n\u003cp>\"I think they got it backwards,\" he said, adding that news organizations or whoever is interested in the information should have to prove why it's in the public interest to disclose it.\u003c/p>\n\u003cp>\"It's a guilty until proven innocent situation,\" Delagnes said. \"That’s just not fair to the cop. But on the other hand, for equal and fair play, when you’re given a gun and you’re given the ability to arrest people and take people’s civil rights away from them, and if you have a long history of continued problems within the department, I think the public has a right to know the history of the officer, if in fact it is a bad history.\"\u003c/p>\n\u003cp>He didn't know how the press would know what information to request because complaints of excessive force and other information about officers' records remain sealed, but he cautioned against releasing an officer's name without good reason. Police departments will usually be unable to meet the particularized showing requirement, he said, but there remains a real threat to officer safety and the possibility of harming the officer.\u003c/p>\n\u003cp>\"The myth about cops, because people see it on TV, is that cops get in shootings all the time and it’s no big deal,\" Delagnes said. \"I’ve never met a cop that wanted to shoot somebody.\"\u003c/p>\n\u003cp>Read the full ruling below:\u003cbr>\n \u003cbr>\n\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/227096918/content?start_page=1&view_mode=&access_key=key-zqcND1JQJCNAk6x9jD1m\"\n title=\"http://www.scribd.com/doc/227096918\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_227096918\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/227096918\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Long Beach Police Officers Association v. City of Long Beach et al. (Los Angeles Times Communications) Ruling on Scribd\" href=\"http://www.scribd.com/doc/227096918/Long-Beach-Police-Officers-Association-v-City-of-Long-Beach-et-al-Los-Angeles-Times-Communications-Ruling\">Long Beach Police Officers Association v. City of Long Beach et al. (Los Angeles Times Communications) Rul...\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/137494/state-supreme-court-rules-for-more-transparency-in-police-shootings","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_3156","news_6203"],"featImg":"news_132034","label":"news_6944"},"news_134609":{"type":"posts","id":"news_134609","meta":{"index":"posts_1591205157","site":"news","id":"134609","score":null,"sort":[1398818800000]},"guestAuthors":[],"slug":"parents-file-expanded-civil-rights-lawsuit-in-sons-killing-by-vallejo-police","title":"Parents File Expanded Civil Rights Lawsuit in Son's Killing by Vallejo Police","publishDate":1398818800,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_131828\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2.jpg\">\u003cimg class=\"size-medium wp-image-131828\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2-640x362.jpg\" alt=\"Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\u003c/figcaption>\u003c/figure>\n\u003cp>The parents of Jeremiah Moore, a man shot and killed by Vallejo police 18 months ago, have filed an amended civil rights lawsuit that accuses the Vallejo Police Department of a pattern of shooting non-threatening individuals and those with disabilities.\u003c/p>\n\u003cp>According to his parents, Eugene and Lisa Moore of Santa Rosa, Jeremiah had an autism spectrum disorder originally diagnosed as Asperger's syndrome.\u003c/p>\n\u003cp>Their expanded complaint, filed in U.S. District Court in Sacramento Tuesday, says that prior to Moore's shooting in October 2012, Vallejo police \"had shot other individuals who did not pose an immediate threat of death or serious injury to anyone\" and \"other victims of such shootings were also disabled and/or mentally incapacitated at the time.\"\u003c/p>\n\u003cp>The suit alleges that such shootings were the result of \"provocative and unlawful conduct\" by Vallejo police officers, and that police department supervisors, including Police Chief Joseph Kreins, were aware the shootings were unlawful.\u003c/p>\n\u003cp>\u003ca href=\"http://www.timesheraldonline.com/ci_22283354/top-stories-2012-officer-involved-shootings-prompt-ongoing\" target=\"_blank\">Vallejo police were involved in 10 shootings in 2012\u003c/a>, six of them fatal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[contextly_sidebar id=\"c66f29e13f61f6a111ffc2eb44194f60\"]\u003c/p>\n\u003cp>The suit alleges violations of Moore's rights under the U.S. and state constitutions; failure by police department and city leaders to deter officers from using excessive force in violation of suspects' and residents' civil rights; violation of a federal ban on discrimination against the disabled; assault and battery; and negligence.\u003c/p>\n\u003cp>Police were called to Moore's Vallejo home on Oct. 21, 2012, after neighbors reported a prolonged disturbance at his residence at 2504 Alameda St. Neighbors said Moore and a roommate, Jason Jessie, had broken windows in the residence and had run naked through their yard as they smashed windows on their vehicles outside. Police said they received multiple calls about the disturbance, and at least one neighbor told KQED he called 911 after hearing Moore and Jessie talk about setting their house on fire.\u003c/p>\n\u003cp>Police reported afterward that they shot Moore after he threatened an officer with a rifle. Today's amended federal complaint says police confronted a naked and unarmed Moore outside his home and shot him when he failed to comply promptly with commands to get on the ground.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> Oakland attorney Michael Haddad, who filed Tuesday's amended complaint, said that witness accounts suggest police invented their account of the Moore shooting.\u003c/aside>\n\u003cp>Moore \"suffered from an autism spectrum disorder which caused him to move his hands and arms when he was nervous,\" the suit says. \"Moore had not made any movement or gesture under the circumstances that a reasonable officer would perceive as posing an immediate threat to justify the use of deadly force.\"\u003c/p>\n\u003cp>The amended filing names a Vallejo Police Department officer, Sean Kenney, as one of those who fatally shot Moore. If true, it would have been the second fatal shooting involving Kenney in less than two months.\u003c/p>\n\u003cp>Kenney and Dustin Joseph, a fellow Vallejo officer, fired 27 rounds into a parked car about seven weeks before the Moore shooting, killing Mario Romero and injuring Joseph Johnson. A Solano County District Attorney's investigation found that shooting was justified, as did the U.S. Attorney's Office for California's Eastern District. The investigation found Romero had a \"replica firearm\" and pills later determined to be methamphetamine.\u003c/p>\n\u003cp>In a KQED investigation published earlier this month — \"\u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">The Killing of Jeremiah Moore\u003c/a>\" — a neighbor who says he witnessed the shooting said Moore was standing naked in his doorway, waiving his hands nervously when he was shot. Neither police nor Solano County District Attorney's investigators had interviewed the neighbor, Jaime Alvarado, until Monday — more than a year and a half after he says he first tried to tell his story to investigators.\u003c/p>\n\u003cp>Oakland attorney Michael Haddad, who filed Tuesday's amended complaint on behalf of Eugene and Lisa Moore, said that witness accounts suggest police invented their account of the Moore shooting.\u003c/p>\n\u003cp>\"We were able to confirm that in fact, the version of the shooting given by the police was not true, according to eyewitnesses that we talked to,\" Haddad said. \"Not only does that mean that the use of deadly force was unjustified and illegal, but it raises the question that the Vallejo police may be deliberately making a false alibi for this shooting. That's something that we're definitely going to explore in this case.\"\u003c/p>\n\u003cp>The Vallejo City Attorney's Office, which had moved to dismiss the parents' original complaint, did not immediately respond to requests for comments on the amended complaint.\u003c/p>\n\u003cp>Read the full complaint below.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Jeremiah Moore First Amended Complaint Filed 04.29.14 on Scribd\" href=\"http://www.scribd.com/doc/221036885/Jeremiah-Moore-First-Amended-Complaint-Filed-04-29-14\">Jeremiah Moore First Amended Complaint Filed 04.29.14\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_46948\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/221036885/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Suit says shooting was part of pattern of incidents involving non-threatening or disabled people.","status":"publish","parent":0,"modified":1398819407,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":769},"headData":{"title":"Parents File Expanded Civil Rights Lawsuit in Son's Killing by Vallejo Police | KQED","description":"Suit says shooting was part of pattern of incidents involving non-threatening or disabled people.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"134609 http://ww2.kqed.org/news/?p=134609","disqusUrl":"https://ww2.kqed.org/news/2014/04/29/parents-file-expanded-civil-rights-lawsuit-in-sons-killing-by-vallejo-police/","disqusTitle":"Parents File Expanded Civil Rights Lawsuit in Son's Killing by Vallejo Police","customPermalink":"federal-civil-rights-lawsuit-filed-in-vallejo-police-killing-of-jeremiah-moore/","path":"/news/134609/parents-file-expanded-civil-rights-lawsuit-in-sons-killing-by-vallejo-police","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_131828\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2.jpg\">\u003cimg class=\"size-medium wp-image-131828\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2-640x362.jpg\" alt=\"Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\u003c/figcaption>\u003c/figure>\n\u003cp>The parents of Jeremiah Moore, a man shot and killed by Vallejo police 18 months ago, have filed an amended civil rights lawsuit that accuses the Vallejo Police Department of a pattern of shooting non-threatening individuals and those with disabilities.\u003c/p>\n\u003cp>According to his parents, Eugene and Lisa Moore of Santa Rosa, Jeremiah had an autism spectrum disorder originally diagnosed as Asperger's syndrome.\u003c/p>\n\u003cp>Their expanded complaint, filed in U.S. District Court in Sacramento Tuesday, says that prior to Moore's shooting in October 2012, Vallejo police \"had shot other individuals who did not pose an immediate threat of death or serious injury to anyone\" and \"other victims of such shootings were also disabled and/or mentally incapacitated at the time.\"\u003c/p>\n\u003cp>The suit alleges that such shootings were the result of \"provocative and unlawful conduct\" by Vallejo police officers, and that police department supervisors, including Police Chief Joseph Kreins, were aware the shootings were unlawful.\u003c/p>\n\u003cp>\u003ca href=\"http://www.timesheraldonline.com/ci_22283354/top-stories-2012-officer-involved-shootings-prompt-ongoing\" target=\"_blank\">Vallejo police were involved in 10 shootings in 2012\u003c/a>, six of them fatal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The suit alleges violations of Moore's rights under the U.S. and state constitutions; failure by police department and city leaders to deter officers from using excessive force in violation of suspects' and residents' civil rights; violation of a federal ban on discrimination against the disabled; assault and battery; and negligence.\u003c/p>\n\u003cp>Police were called to Moore's Vallejo home on Oct. 21, 2012, after neighbors reported a prolonged disturbance at his residence at 2504 Alameda St. Neighbors said Moore and a roommate, Jason Jessie, had broken windows in the residence and had run naked through their yard as they smashed windows on their vehicles outside. Police said they received multiple calls about the disturbance, and at least one neighbor told KQED he called 911 after hearing Moore and Jessie talk about setting their house on fire.\u003c/p>\n\u003cp>Police reported afterward that they shot Moore after he threatened an officer with a rifle. Today's amended federal complaint says police confronted a naked and unarmed Moore outside his home and shot him when he failed to comply promptly with commands to get on the ground.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> Oakland attorney Michael Haddad, who filed Tuesday's amended complaint, said that witness accounts suggest police invented their account of the Moore shooting.\u003c/aside>\n\u003cp>Moore \"suffered from an autism spectrum disorder which caused him to move his hands and arms when he was nervous,\" the suit says. \"Moore had not made any movement or gesture under the circumstances that a reasonable officer would perceive as posing an immediate threat to justify the use of deadly force.\"\u003c/p>\n\u003cp>The amended filing names a Vallejo Police Department officer, Sean Kenney, as one of those who fatally shot Moore. If true, it would have been the second fatal shooting involving Kenney in less than two months.\u003c/p>\n\u003cp>Kenney and Dustin Joseph, a fellow Vallejo officer, fired 27 rounds into a parked car about seven weeks before the Moore shooting, killing Mario Romero and injuring Joseph Johnson. A Solano County District Attorney's investigation found that shooting was justified, as did the U.S. Attorney's Office for California's Eastern District. The investigation found Romero had a \"replica firearm\" and pills later determined to be methamphetamine.\u003c/p>\n\u003cp>In a KQED investigation published earlier this month — \"\u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">The Killing of Jeremiah Moore\u003c/a>\" — a neighbor who says he witnessed the shooting said Moore was standing naked in his doorway, waiving his hands nervously when he was shot. Neither police nor Solano County District Attorney's investigators had interviewed the neighbor, Jaime Alvarado, until Monday — more than a year and a half after he says he first tried to tell his story to investigators.\u003c/p>\n\u003cp>Oakland attorney Michael Haddad, who filed Tuesday's amended complaint on behalf of Eugene and Lisa Moore, said that witness accounts suggest police invented their account of the Moore shooting.\u003c/p>\n\u003cp>\"We were able to confirm that in fact, the version of the shooting given by the police was not true, according to eyewitnesses that we talked to,\" Haddad said. \"Not only does that mean that the use of deadly force was unjustified and illegal, but it raises the question that the Vallejo police may be deliberately making a false alibi for this shooting. That's something that we're definitely going to explore in this case.\"\u003c/p>\n\u003cp>The Vallejo City Attorney's Office, which had moved to dismiss the parents' original complaint, did not immediately respond to requests for comments on the amended complaint.\u003c/p>\n\u003cp>Read the full complaint below.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Jeremiah Moore First Amended Complaint Filed 04.29.14 on Scribd\" href=\"http://www.scribd.com/doc/221036885/Jeremiah-Moore-First-Amended-Complaint-Filed-04-29-14\">Jeremiah Moore First Amended Complaint Filed 04.29.14\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_46948\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/221036885/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/134609/parents-file-expanded-civil-rights-lawsuit-in-sons-killing-by-vallejo-police","authors":["3206"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_4750","news_6084","news_3156","news_6203","news_116"],"featImg":"news_131828","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/All-Things-Considered-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. 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Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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