'Trust Has Been Broken': California DOJ Demands Vallejo Police Reforms, Citing Major Rights Violations
SF District Attorney Won't Charge Police Officer Who Shot, Killed Sean Moore
San Bernardino Police Involved in Fatal Rob Adams Shooting Both Have Histories of Alleged Excessive Force
State Justice Department Fails to Probe — or Even Log — Multiple Police Shootings of Possibly Unarmed People
'The Door's Been Shut': Aunt of Man Killed by SFPD Says First Meeting With DA Jenkins Hints at Lighter Touch to Prosecuting Police
In Vallejo, Investigations of Police Take So Long, Officers Kill Again Before Reviews Are Done
California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here's How
More Bay Area Officers Are Being Prosecuted for Killing People. Does This Really Signal a Shift in Police Accountability?
'I Don't Have Words to Describe This Pain': Family of 14-Year-Old Killed by LAPD Remember Their Daughter, Call for Justice
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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. 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Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"},"jrodriguez":{"type":"authors","id":"11690","meta":{"index":"authors_1591205172","id":"11690","found":true},"name":"Joe Fitzgerald Rodriguez","firstName":"Joe","lastName":"Fitzgerald Rodriguez","slug":"jrodriguez","email":"jrodriguez@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"Reporter and Producer","bio":"Joe Fitzgerald Rodriguez is a reporter and digital producer for KQED covering politics. 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Joe was 12-years-old when he conducted his first interview in journalism, grilling former San Francisco Mayor Willie Brown for the Marina Middle School newspaper, \u003cem>The Penguin Press, \u003c/em>and he continues to report on the San Francisco Bay Area to this day.","avatar":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g","twitter":"FitztheReporter","facebook":null,"instagram":"https://www.instagram.com/fitzthereporter/","linkedin":null,"sites":[{"site":"","roles":["editor"]},{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"elections","roles":["editor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Joe Fitzgerald Rodriguez | KQED","description":"Reporter and Producer","ogImgSrc":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jrodriguez"},"sjohnson":{"type":"authors","id":"11840","meta":{"index":"authors_1591205172","id":"11840","found":true},"name":"Sydney Johnson","firstName":"Sydney","lastName":"Johnson","slug":"sjohnson","email":"sjohnson@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Reporter","bio":"Sydney Johnson is a general assignment reporter at KQED. 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Sydney is a graduate of the University of California, Berkeley and lives in San Francisco.","avatar":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g","twitter":"sydneyfjohnson","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Sydney Johnson | KQED","description":"KQED 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FM","link":"/"}},"news_11964674":{"type":"posts","id":"news_11964674","meta":{"index":"posts_1591205157","site":"news","id":"11964674","score":null,"sort":[1697494400000]},"guestAuthors":[],"slug":"trust-has-been-broken-california-demands-vallejo-police-reforms-citing-major-rights-violations","title":"'Trust Has Been Broken': California DOJ Demands Vallejo Police Reforms, Citing Major Rights Violations","publishDate":1697494400,"format":"standard","headTitle":"‘Trust Has Been Broken’: California DOJ Demands Vallejo Police Reforms, Citing Major Rights Violations | KQED","labelTerm":{"site":"news"},"content":"\u003cp>California Attorney General Rob Bonta is demanding major reforms of the beleaguered Vallejo Police Department, which has been subject to intense criticism in recent years over its high rate of police killings and very\u003ca href=\"https://www.kqed.org/news/11919385/in-vallejo-investigations-of-police-take-so-long-officers-kill-again-before-reviews-are-done\"> slow, and sometimes incomplete, investigations of those incidents.\u003c/a>\u003c/p>\n\u003cp>Bonta’s Department of Justice on Monday filed a consent decree, which lays out the court-ordered police reforms the city of Vallejo must implement over the next five years.\u003c/p>\n\u003cp>“At its core, this new agreement is about building and strengthening trust between the Vallejo Police Department and the community it serves,” Bonta said at a press conference on Monday at Vallejo City Hall. “It’s about correcting injustices and enhancing public safety for all people in Vallejo.”\u003c/p>\n\u003cp>The consent decree comes more than three years after the state DOJ \u003ca href=\"https://www.kqed.org/news/11823146/state-attorney-general-to-review-and-reform-vallejo-police-department-following-fatal-shooting\">initiated a collaborative effort \u003c/a>with the city to “review and reform” policing practices, arguing that “the number and nature of [police killings] raised concerns among members of the community.” Then-Attorney General Xavier Becerra announced that action in June 2020, just days after the \u003ca href=\"https://www.kqed.org/news/tag/sean-monterrosa\">high-profile police killing of Sean Monterrosa\u003c/a>.\u003c/p>\n\u003cp>[aside postID=news_11826613]As part of its contract with the state, the city agreed to implement 45 reforms of the department. But when that agreement expired in June 2023, fewer than half of the recommendations had actually gone into effect, Bonta said.\u003c/p>\n\u003cp>The stipulated agreement that Bonta’s office filed in Solano Superior Court on Monday requires an independent auditor to monitor Vallejo’s progress on the outstanding reforms, under the supervision of the court, while also mandating additional changes to its police department. As part of that agreement, the department must address and rectify a slew of alleged shortcomings, including racial disparities in its policing practices, how it trains officers on de-escalation techniques and unlawful uses of force, and the manner in which it engages with the community.\u003c/p>\n\u003cp>The decree also requires that the city change the process of how it handles civilian complaints.\u003c/p>\n\u003cp>“This work and these reforms are more needed and more necessary,” Bonta said, announcing the action just days after \u003ca href=\"https://www.latimes.com/california/story/2023-10-16/vallejo-police-officer-punches-woman-in-face-during-arrest-in-viral-video\">a video was made public\u003c/a> of a Vallejo officer punching a female driver in the face during an arrest. “Trust has been broken.”\u003c/p>\n\u003cp>Between 2010 and late 2020, Vallejo police officers killed 19 people, \u003ca href=\"https://www.newyorker.com/magazine/2020/11/23/how-a-deadly-police-force-ruled-a-city\">the second-highest rate among America’s 100 largest police forces\u003c/a>.\u003c/p>\n\u003cp>The state DOJ is additionally expected to file a lawsuit in Solano County Superior Court alleging that Vallejo police officers have routinely violated the constitutional rights of the citizens they are sworn to protect, the local news site \u003ca href=\"https://openvallejo.org/2023/10/16/state-doj-to-impose-sweeping-reforms-on-vallejo-police/\">Open Vallejo\u003c/a> reported Monday.\u003c/p>\n\u003cp>Bonta was joined on Monday by Vallejo Mayor Robert McConnell and the interim police chief, Jason Ta. Both said they would be cooperating with the state moving forward.\u003c/p>\n\u003cp>“Police reform consisting of a change in daily culture is not easy,” McConnell said. “As we make these changes, small and large, it will demand the full attention and understanding of the citizens of Vallejo.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bonta also said his office is still looking into the June 2020 police killing of Monterrosa, even though Becerra, his predecessor, \u003ca href=\"https://www.kqed.org/news/11826054/state-attorney-general-wont-investigate-vallejo-polices-fatal-shooting-of-sean-monterrosa\">declined to independently investigate the case\u003c/a>.\u003c/p>\n\u003cp>In that incident, Vallejo police officer Jarrett Tonn, sitting in the back seat of an unmarked police vehicle,\u003ca href=\"https://www.kqed.org/news/11826613/vallejo-police-release-video-of-deadly-shooting-of-sean-monterrosa\"> fired a semi-automatic rifle five times through the windshield\u003c/a>, hitting Monterrosa once. The shooting took place as officers were responding to reports of a break-in at a Walgreens during the unrest following the murder of George Floyd.\u003c/p>\n\u003cp>Former Vallejo Police Chief Shawny Williams said at the time that Monterrosa, a 22-year-old Latino man from San Francisco, dropped to his knees and put his hands above his waist, revealing what Tonn thought was the butt of a handgun, but was actually a hammer in the pocket of his sweatshirt.\u003c/p>\n\u003cp>Williams fired Tonn after an independent investigation. But this summer,\u003ca href=\"https://www.vallejosun.com/vallejo-detective-who-killed-sean-monterrosa-to-be-reinstated-with-back-pay/\"> Tonn got his job back\u003c/a> — with back pay — after an arbitrator ruled that the city didn’t follow proper procedure when firing him.\u003c/p>\n\u003cp>[aside postID=news_11919385,news_11768008,news_11768675 label='Related Stories']The city has also faced criticism for its handling of investigations into numerous other police use-of-force cases, including \u003ca href=\"https://www.vallejosun.com/vallejo-says-it-inadvertently-destroyed-records-in-five-police-shooting-investigations/\"> “inadvertently” destroying records\u003c/a> related to five shootings and taking so long to conduct investigations that, in some instances, officers killed other people while still under investigation for prior shootings.\u003c/p>\n\u003cp>In another high-profile incident, Vallejo police officer Zachary Jacobsen shot and killed Angel Ramos, 21, in his mother’s backyard in 2017, following a fight that broke out during a family gathering there. Responding to calls from neighbors about a disturbance, Jacobsen said he shot Ramos four times after witnessing him “hovering” above another man while making stabbing motions with a kitchen knife, according to the Solano County district attorney’s report on the incident.\u003c/p>\n\u003cp>But Ramos’ family \u003ca href=\"https://www.kqed.org/news/11768675/going-against-the-polices-narrative\">disputed the police narrative of the shooting\u003c/a>, insisting that he did not have a knife and was only punching the man. Ultimately, no knife was found near Ramos’ body. The family filed a wrongful death lawsuit, and\u003ca href=\"https://www.vallejosun.com/vallejo-reaches-2-8m-settlement-for-police-killing-of-angel-ramos/\"> last November\u003c/a>\u003ca href=\"https://www.vallejosun.com/vallejo-reaches-2-8m-settlement-for-police-killing-of-angel-ramos/\"> reached a $2.8 million settlement with the city\u003c/a>.\u003c/p>\n\u003cp>And in February 2019, another Vallejo police killing \u003ca href=\"https://www.nytimes.com/2019/03/31/us/willie-mccoy-shooting-video.html\">made national headlines \u003c/a>when six officers \u003ca href=\"https://www.kqed.org/news/11768008/the-life-and-death-of-willie-mccoy\">fired 55 bullets at Willie McCoy\u003c/a>, a 20-year-old Black man who had fallen asleep in his car in a Taco Bell parking lot and had just begun to stir as the officers yelled at him to raise his hands.\u003c/p>\n\u003cp>The following year, reporting from Open Vallejo revealed a years-long tradition among some Vallejo police officers of \u003ca href=\"https://openvallejo.org/2020/07/28/vallejo-police-bend-badge-tips-to-mark-fatal-shootings/\">bending their badges to mark the fatal shootings they had made\u003c/a>. Former police captain John Whitney told the media outlet that he was forced out of the department after raising concerns about the badge-bending tradition in the wake of McCoy’s death.\u003c/p>\n\u003cp>In a statement, civil rights attorney John Burris, who has sued Vallejo’s police department multiple times for its mistreatment of Black residents, commended Bonta and the city for reaching the consent degree. But he also cautioned that rank-and-file officers, and the police union that represents them, would likely stand in the way of any real reform. \u003c/p>\n\u003cp>“Make no mistake that this is just the beginning; it will take an [unwavering] commitment by city leaders and police leadership to implement the changes,” Burris said. “Change is hard, and the leadership must hold officers accountable; otherwise, the consent decree will not be worth the paper that it is written [on].”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The consent decree lays out a series of court-ordered police reforms that the city of Vallejo must implement over the next 5 years, with the goal of restoring trust and 'correcting injustices.'\r\n","status":"publish","parent":0,"modified":1697567480,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1122},"headData":{"title":"'Trust Has Been Broken': California DOJ Demands Vallejo Police Reforms, Citing Major Rights Violations | KQED","description":"The consent decree lays out a series of court-ordered police reforms that the city of Vallejo must implement over the next 5 years, with the goal of restoring trust and 'correcting injustices.'\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Trust Has Been Broken': California DOJ Demands Vallejo Police Reforms, Citing Major Rights Violations","datePublished":"2023-10-16T22:13:20.000Z","dateModified":"2023-10-17T18:31:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11964674/trust-has-been-broken-california-demands-vallejo-police-reforms-citing-major-rights-violations","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Attorney General Rob Bonta is demanding major reforms of the beleaguered Vallejo Police Department, which has been subject to intense criticism in recent years over its high rate of police killings and very\u003ca href=\"https://www.kqed.org/news/11919385/in-vallejo-investigations-of-police-take-so-long-officers-kill-again-before-reviews-are-done\"> slow, and sometimes incomplete, investigations of those incidents.\u003c/a>\u003c/p>\n\u003cp>Bonta’s Department of Justice on Monday filed a consent decree, which lays out the court-ordered police reforms the city of Vallejo must implement over the next five years.\u003c/p>\n\u003cp>“At its core, this new agreement is about building and strengthening trust between the Vallejo Police Department and the community it serves,” Bonta said at a press conference on Monday at Vallejo City Hall. “It’s about correcting injustices and enhancing public safety for all people in Vallejo.”\u003c/p>\n\u003cp>The consent decree comes more than three years after the state DOJ \u003ca href=\"https://www.kqed.org/news/11823146/state-attorney-general-to-review-and-reform-vallejo-police-department-following-fatal-shooting\">initiated a collaborative effort \u003c/a>with the city to “review and reform” policing practices, arguing that “the number and nature of [police killings] raised concerns among members of the community.” Then-Attorney General Xavier Becerra announced that action in June 2020, just days after the \u003ca href=\"https://www.kqed.org/news/tag/sean-monterrosa\">high-profile police killing of Sean Monterrosa\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11826613","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>As part of its contract with the state, the city agreed to implement 45 reforms of the department. But when that agreement expired in June 2023, fewer than half of the recommendations had actually gone into effect, Bonta said.\u003c/p>\n\u003cp>The stipulated agreement that Bonta’s office filed in Solano Superior Court on Monday requires an independent auditor to monitor Vallejo’s progress on the outstanding reforms, under the supervision of the court, while also mandating additional changes to its police department. As part of that agreement, the department must address and rectify a slew of alleged shortcomings, including racial disparities in its policing practices, how it trains officers on de-escalation techniques and unlawful uses of force, and the manner in which it engages with the community.\u003c/p>\n\u003cp>The decree also requires that the city change the process of how it handles civilian complaints.\u003c/p>\n\u003cp>“This work and these reforms are more needed and more necessary,” Bonta said, announcing the action just days after \u003ca href=\"https://www.latimes.com/california/story/2023-10-16/vallejo-police-officer-punches-woman-in-face-during-arrest-in-viral-video\">a video was made public\u003c/a> of a Vallejo officer punching a female driver in the face during an arrest. “Trust has been broken.”\u003c/p>\n\u003cp>Between 2010 and late 2020, Vallejo police officers killed 19 people, \u003ca href=\"https://www.newyorker.com/magazine/2020/11/23/how-a-deadly-police-force-ruled-a-city\">the second-highest rate among America’s 100 largest police forces\u003c/a>.\u003c/p>\n\u003cp>The state DOJ is additionally expected to file a lawsuit in Solano County Superior Court alleging that Vallejo police officers have routinely violated the constitutional rights of the citizens they are sworn to protect, the local news site \u003ca href=\"https://openvallejo.org/2023/10/16/state-doj-to-impose-sweeping-reforms-on-vallejo-police/\">Open Vallejo\u003c/a> reported Monday.\u003c/p>\n\u003cp>Bonta was joined on Monday by Vallejo Mayor Robert McConnell and the interim police chief, Jason Ta. Both said they would be cooperating with the state moving forward.\u003c/p>\n\u003cp>“Police reform consisting of a change in daily culture is not easy,” McConnell said. “As we make these changes, small and large, it will demand the full attention and understanding of the citizens of Vallejo.”\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>Bonta also said his office is still looking into the June 2020 police killing of Monterrosa, even though Becerra, his predecessor, \u003ca href=\"https://www.kqed.org/news/11826054/state-attorney-general-wont-investigate-vallejo-polices-fatal-shooting-of-sean-monterrosa\">declined to independently investigate the case\u003c/a>.\u003c/p>\n\u003cp>In that incident, Vallejo police officer Jarrett Tonn, sitting in the back seat of an unmarked police vehicle,\u003ca href=\"https://www.kqed.org/news/11826613/vallejo-police-release-video-of-deadly-shooting-of-sean-monterrosa\"> fired a semi-automatic rifle five times through the windshield\u003c/a>, hitting Monterrosa once. The shooting took place as officers were responding to reports of a break-in at a Walgreens during the unrest following the murder of George Floyd.\u003c/p>\n\u003cp>Former Vallejo Police Chief Shawny Williams said at the time that Monterrosa, a 22-year-old Latino man from San Francisco, dropped to his knees and put his hands above his waist, revealing what Tonn thought was the butt of a handgun, but was actually a hammer in the pocket of his sweatshirt.\u003c/p>\n\u003cp>Williams fired Tonn after an independent investigation. But this summer,\u003ca href=\"https://www.vallejosun.com/vallejo-detective-who-killed-sean-monterrosa-to-be-reinstated-with-back-pay/\"> Tonn got his job back\u003c/a> — with back pay — after an arbitrator ruled that the city didn’t follow proper procedure when firing him.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11919385,news_11768008,news_11768675","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The city has also faced criticism for its handling of investigations into numerous other police use-of-force cases, including \u003ca href=\"https://www.vallejosun.com/vallejo-says-it-inadvertently-destroyed-records-in-five-police-shooting-investigations/\"> “inadvertently” destroying records\u003c/a> related to five shootings and taking so long to conduct investigations that, in some instances, officers killed other people while still under investigation for prior shootings.\u003c/p>\n\u003cp>In another high-profile incident, Vallejo police officer Zachary Jacobsen shot and killed Angel Ramos, 21, in his mother’s backyard in 2017, following a fight that broke out during a family gathering there. Responding to calls from neighbors about a disturbance, Jacobsen said he shot Ramos four times after witnessing him “hovering” above another man while making stabbing motions with a kitchen knife, according to the Solano County district attorney’s report on the incident.\u003c/p>\n\u003cp>But Ramos’ family \u003ca href=\"https://www.kqed.org/news/11768675/going-against-the-polices-narrative\">disputed the police narrative of the shooting\u003c/a>, insisting that he did not have a knife and was only punching the man. Ultimately, no knife was found near Ramos’ body. The family filed a wrongful death lawsuit, and\u003ca href=\"https://www.vallejosun.com/vallejo-reaches-2-8m-settlement-for-police-killing-of-angel-ramos/\"> last November\u003c/a>\u003ca href=\"https://www.vallejosun.com/vallejo-reaches-2-8m-settlement-for-police-killing-of-angel-ramos/\"> reached a $2.8 million settlement with the city\u003c/a>.\u003c/p>\n\u003cp>And in February 2019, another Vallejo police killing \u003ca href=\"https://www.nytimes.com/2019/03/31/us/willie-mccoy-shooting-video.html\">made national headlines \u003c/a>when six officers \u003ca href=\"https://www.kqed.org/news/11768008/the-life-and-death-of-willie-mccoy\">fired 55 bullets at Willie McCoy\u003c/a>, a 20-year-old Black man who had fallen asleep in his car in a Taco Bell parking lot and had just begun to stir as the officers yelled at him to raise his hands.\u003c/p>\n\u003cp>The following year, reporting from Open Vallejo revealed a years-long tradition among some Vallejo police officers of \u003ca href=\"https://openvallejo.org/2020/07/28/vallejo-police-bend-badge-tips-to-mark-fatal-shootings/\">bending their badges to mark the fatal shootings they had made\u003c/a>. Former police captain John Whitney told the media outlet that he was forced out of the department after raising concerns about the badge-bending tradition in the wake of McCoy’s death.\u003c/p>\n\u003cp>In a statement, civil rights attorney John Burris, who has sued Vallejo’s police department multiple times for its mistreatment of Black residents, commended Bonta and the city for reaching the consent degree. But he also cautioned that rank-and-file officers, and the police union that represents them, would likely stand in the way of any real reform. \u003c/p>\n\u003cp>“Make no mistake that this is just the beginning; it will take an [unwavering] commitment by city leaders and police leadership to implement the changes,” Burris said. “Change is hard, and the leadership must hold officers accountable; otherwise, the consent decree will not be worth the paper that it is written [on].”\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11964674/trust-has-been-broken-california-demands-vallejo-police-reforms-citing-major-rights-violations","authors":["182","11840"],"categories":["news_8"],"tags":["news_33345","news_17725","news_28780","news_28089","news_20081","news_4379","news_3674","news_273","news_25344","news_26464"],"featImg":"news_11964675","label":"news"},"news_11954965":{"type":"posts","id":"news_11954965","meta":{"index":"posts_1591205157","site":"news","id":"11954965","score":null,"sort":[1688428771000]},"guestAuthors":[],"slug":"sf-district-attorney-wont-charge-police-officer-who-shot-killed-sean-moore","title":"SF District Attorney Won't Charge Police Officer Who Shot, Killed Sean Moore","publishDate":1688428771,"format":"standard","headTitle":"SF District Attorney Won’t Charge Police Officer Who Shot, Killed Sean Moore | KQED","labelTerm":{"site":"news"},"content":"\u003cp>San Francisco District Attorney Brooke Jenkins’ office confirmed Monday she is dismissing charges against former San Francisco Police officer Kenneth Cha, who \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">fatally shot Sean Moore at his home in 2017\u003c/a>. Her predecessor, Chesa Boudin, had \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">filed voluntary manslaughter charges\u003c/a> against Cha in 2021.\u003c/p>\n\u003cp>“It’s awful,” \u003ca href=\"https://www.kqed.org/news/11949359/i-need-to-be-able-to-go-on-with-my-life-sean-moores-mother-is-still-awaiting-justice-years-after-her-son-was-killed-by-sfpd\">Cleo Moore, Sean Moore’s mother\u003c/a>, told KQED. “He killed him. And I can’t change that.”\u003c/p>\n\u003cp>However, Jenkins said she could not prove beyond a reasonable doubt that Cha did not act in self-defense. In \u003ca href=\"https://www.documentcloud.org/documents/23866697-screenshot-2023-07-03-at-32526-pm\">her explanation for dropping Moore’s case (PDF)\u003c/a>, Jenkins pointed to the fact that former District Attorney George Gascón did not originally prosecute Cha when he was in office. Boudin, once he took over the DA role, did later file charges against the officer. Jenkins has said Boudin took on the police shooting case for “political reasons.”\u003c/p>\n\u003cp>[aside postID=news_11949359,news_11950914,news_11950110 label='Related Stories']Jenkins has now dropped all three police shooting cases that Boudin initially filed.\u003c/p>\n\u003cp>“Mr. Moore’s subsequent death, tragic as it is, did not change the analysis, which is grounded in the events that occurred at the time of the incident,” Jenkins said in an email to KQED. “At this time we draw the same conclusion that was explained in the declination under Gascón, and can not ethically prosecute this case in good faith.”\u003c/p>\n\u003cp>\u003ca href=\"https://missionlocal.org/2023/07/da-brooke-jenkins-to-drop-last-sfpd-police-shooting-case-family-says/\">Mission Local first reported Jenkins’ decision\u003c/a> on Sunday.\u003c/p>\n\u003cp>Moore, 46, was in his Ocean View apartment on Jan. 6, 2017, when police knocked on his front gate to respond to a neighbor’s noise complaint. He yelled at the officers to leave, and when he finally opened the gate and stood at the top of the stairs, officers yelled at him to get to the ground. Moore refused, and Cha’s partner struck Moore with a baton just before Cha shot Moore twice.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11267532/s-f-police-shooting-wounded-man-in-psychiatric-crisis-body-camera-footage-withheld\">Moore had been struggling with mental health challenges\u003c/a>, including bipolar disorder and schizophrenia, and appeared aggravated when officers responded to the neighbor’s complaint, according to video footage.\u003c/p>\n\u003cp>He died of his injuries three years later, while serving an unrelated sentence at San Quentin State Prison. The cause of death was found to be an obstruction in his stomach related to scar tissue from the earlier gunshot wound.\u003c/p>\n\u003cp>Boudin took office in 2020, and in 2021 he filed a case against Cha for Moore’s death.\u003c/p>\n\u003cp>Jenkins later replaced Boudin \u003ca href=\"https://www.kqed.org/news/11916212/chesa-boudin-recall-sf-voters-on-track-to-oust-district-attorney\">in a recall election in 2022\u003c/a>. This case is the third and final police shooting Boudin pursued during his term. Jenkins has since moved to dismiss all three.\u003c/p>\n\u003cp>No district attorney has ever successfully brought charges against a San Francisco police officer for an officer-involved shooting.\u003c/p>\n\u003cp>“While I will hold law enforcement or anyone accountable who violates the law, I have a sworn duty to follow the facts and evidence—period,” Jenkins wrote in her decision.\u003c/p>\n\u003cp>In May, Jenkins dropped charges against a police officer who in 2019 shot Jamaica Hampton. Hampton survived his injuries but had to have his leg amputated.\u003c/p>\n\u003cp>Earlier this year, Jenkins also dropped a case involving former SFPD officer Christopher Samayoa, who shot and killed Keita O’Neil, who was fleeing on foot after a suspected carjacking. \u003ca href=\"https://www.kqed.org/news/11942654/demonstrators-demand-state-take-up-keita-oneil-homicide-case-ahead-of-tuesday-deadline\">After public outcry\u003c/a>, California Attorney General Rob Bonta reviewed Jenkins’ decision in O’Neil’s case, but \u003ca href=\"https://www.kqed.org/news/11950226/judge-dismisses-case-for-san-francisco-police-officer-who-shot-and-killed-keita-oneil\">he ultimately sided with Jenkins\u003c/a>. In her most recent explanation letter, Jenkins invited the attorney general to also review her latest decision in Moore’s case.\u003c/p>\n\u003cp>“We understand the complexity of this case and welcome review by the Attorney General’s Office should the need arise,” Jenkins wrote. “The Attorney General noted in his May 18 letter, regarding my decision to seek a dismissal in People v. Samayoa, that prosecutors ‘should only file charges only if they believe there is sufficient admissible evidence to prove the charges beyond a reasonable doubt at trial.’ We agree.”\u003c/p>\n\u003cp>The years-long back and forth between city-elected prosecutors over her son’s case has taken an enormous toll on Cleo Moore, who is 84 and has health challenges.\u003c/p>\n\u003cp>“Ms. Brooke Jenkins, she’s got to answer to God,” she said. “I truly believe in that, because I am a Christian, and I know that she has to answer for the wrongs that she is doing.”\u003c/p>\n\u003cp>\u003cem>KQED reporter Sara Hossaini contributed to this story.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"District Attorney Brooke Jenkins has now dismissed all three police shooting cases that previous DA Chesa Boudin initially filed. ","status":"publish","parent":0,"modified":1688429858,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":764},"headData":{"title":"SF District Attorney Won't Charge Police Officer Who Shot, Killed Sean Moore | KQED","description":"District Attorney Brooke Jenkins has now dismissed all three police shooting cases that previous DA Chesa Boudin initially filed. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SF District Attorney Won't Charge Police Officer Who Shot, Killed Sean Moore","datePublished":"2023-07-03T23:59:31.000Z","dateModified":"2023-07-04T00:17:38.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11954965/sf-district-attorney-wont-charge-police-officer-who-shot-killed-sean-moore","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney Brooke Jenkins’ office confirmed Monday she is dismissing charges against former San Francisco Police officer Kenneth Cha, who \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">fatally shot Sean Moore at his home in 2017\u003c/a>. Her predecessor, Chesa Boudin, had \u003ca href=\"https://www.kqed.org/news/11894821/sf-da-charges-officer-with-homicide-in-2017-on-duty-shooting-of-sean-moore\">filed voluntary manslaughter charges\u003c/a> against Cha in 2021.\u003c/p>\n\u003cp>“It’s awful,” \u003ca href=\"https://www.kqed.org/news/11949359/i-need-to-be-able-to-go-on-with-my-life-sean-moores-mother-is-still-awaiting-justice-years-after-her-son-was-killed-by-sfpd\">Cleo Moore, Sean Moore’s mother\u003c/a>, told KQED. “He killed him. And I can’t change that.”\u003c/p>\n\u003cp>However, Jenkins said she could not prove beyond a reasonable doubt that Cha did not act in self-defense. In \u003ca href=\"https://www.documentcloud.org/documents/23866697-screenshot-2023-07-03-at-32526-pm\">her explanation for dropping Moore’s case (PDF)\u003c/a>, Jenkins pointed to the fact that former District Attorney George Gascón did not originally prosecute Cha when he was in office. Boudin, once he took over the DA role, did later file charges against the officer. Jenkins has said Boudin took on the police shooting case for “political reasons.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11949359,news_11950914,news_11950110","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Jenkins has now dropped all three police shooting cases that Boudin initially filed.\u003c/p>\n\u003cp>“Mr. Moore’s subsequent death, tragic as it is, did not change the analysis, which is grounded in the events that occurred at the time of the incident,” Jenkins said in an email to KQED. “At this time we draw the same conclusion that was explained in the declination under Gascón, and can not ethically prosecute this case in good faith.”\u003c/p>\n\u003cp>\u003ca href=\"https://missionlocal.org/2023/07/da-brooke-jenkins-to-drop-last-sfpd-police-shooting-case-family-says/\">Mission Local first reported Jenkins’ decision\u003c/a> on Sunday.\u003c/p>\n\u003cp>Moore, 46, was in his Ocean View apartment on Jan. 6, 2017, when police knocked on his front gate to respond to a neighbor’s noise complaint. He yelled at the officers to leave, and when he finally opened the gate and stood at the top of the stairs, officers yelled at him to get to the ground. Moore refused, and Cha’s partner struck Moore with a baton just before Cha shot Moore twice.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11267532/s-f-police-shooting-wounded-man-in-psychiatric-crisis-body-camera-footage-withheld\">Moore had been struggling with mental health challenges\u003c/a>, including bipolar disorder and schizophrenia, and appeared aggravated when officers responded to the neighbor’s complaint, according to video footage.\u003c/p>\n\u003cp>He died of his injuries three years later, while serving an unrelated sentence at San Quentin State Prison. The cause of death was found to be an obstruction in his stomach related to scar tissue from the earlier gunshot wound.\u003c/p>\n\u003cp>Boudin took office in 2020, and in 2021 he filed a case against Cha for Moore’s death.\u003c/p>\n\u003cp>Jenkins later replaced Boudin \u003ca href=\"https://www.kqed.org/news/11916212/chesa-boudin-recall-sf-voters-on-track-to-oust-district-attorney\">in a recall election in 2022\u003c/a>. This case is the third and final police shooting Boudin pursued during his term. Jenkins has since moved to dismiss all three.\u003c/p>\n\u003cp>No district attorney has ever successfully brought charges against a San Francisco police officer for an officer-involved shooting.\u003c/p>\n\u003cp>“While I will hold law enforcement or anyone accountable who violates the law, I have a sworn duty to follow the facts and evidence—period,” Jenkins wrote in her decision.\u003c/p>\n\u003cp>In May, Jenkins dropped charges against a police officer who in 2019 shot Jamaica Hampton. Hampton survived his injuries but had to have his leg amputated.\u003c/p>\n\u003cp>Earlier this year, Jenkins also dropped a case involving former SFPD officer Christopher Samayoa, who shot and killed Keita O’Neil, who was fleeing on foot after a suspected carjacking. \u003ca href=\"https://www.kqed.org/news/11942654/demonstrators-demand-state-take-up-keita-oneil-homicide-case-ahead-of-tuesday-deadline\">After public outcry\u003c/a>, California Attorney General Rob Bonta reviewed Jenkins’ decision in O’Neil’s case, but \u003ca href=\"https://www.kqed.org/news/11950226/judge-dismisses-case-for-san-francisco-police-officer-who-shot-and-killed-keita-oneil\">he ultimately sided with Jenkins\u003c/a>. In her most recent explanation letter, Jenkins invited the attorney general to also review her latest decision in Moore’s case.\u003c/p>\n\u003cp>“We understand the complexity of this case and welcome review by the Attorney General’s Office should the need arise,” Jenkins wrote. “The Attorney General noted in his May 18 letter, regarding my decision to seek a dismissal in People v. Samayoa, that prosecutors ‘should only file charges only if they believe there is sufficient admissible evidence to prove the charges beyond a reasonable doubt at trial.’ We agree.”\u003c/p>\n\u003cp>The years-long back and forth between city-elected prosecutors over her son’s case has taken an enormous toll on Cleo Moore, who is 84 and has health challenges.\u003c/p>\n\u003cp>“Ms. Brooke Jenkins, she’s got to answer to God,” she said. “I truly believe in that, because I am a Christian, and I know that she has to answer for the wrongs that she is doing.”\u003c/p>\n\u003cp>\u003cem>KQED reporter Sara Hossaini contributed to this story.\u003c/em>\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>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11954965/sf-district-attorney-wont-charge-police-officer-who-shot-killed-sean-moore","authors":["11840"],"categories":["news_8"],"tags":["news_31298","news_24162","news_4379","news_545","news_30179"],"featImg":"news_11954970","label":"news"},"news_11947587":{"type":"posts","id":"news_11947587","meta":{"index":"posts_1591205157","site":"news","id":"11947587","score":null,"sort":[1682466188000]},"guestAuthors":[],"slug":"san-bernardino-police-involved-in-fatal-rob-adams-shooting-both-have-histories-of-alleged-excessive-force","title":"San Bernardino Police Involved in Fatal Rob Adams Shooting Both Have Histories of Alleged Excessive Force","publishDate":1682466188,"format":"standard","headTitle":"San Bernardino Police Involved in Fatal Rob Adams Shooting Both Have Histories of Alleged Excessive Force | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Last July, San Bernardino police shot and killed a 23-year-old Black man as he ran from them while allegedly holding a gun. The police killing of Rob Adams drew protests and demands for accountability — and is the subject of a $100 million lawsuit filed on behalf of his family.\u003c/p>\n\u003cp>Now, nine months after Adams was killed, San Bernardino city officials have confirmed to KVCR and The California Newsroom the identities of the officers involved: Michael Yeun and Sgt. Imran Ahmed.\u003c/p>\n\u003cp>Advocates for police transparency say state laws make it clear the public has a right to know the circumstances and details when serious force is used — which raises questions about what took so long for the names to be available in this case.\u003c/p>\n\u003cfigure id=\"attachment_11947601\" class=\"wp-caption aligncenter\" style=\"max-width: 1881px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947601\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image.png\" alt=\"A still shot from police dash cam footage shows a police vehicle with red and blue lights flashing as it answers a call in a neighborhood in Southern California.\" width=\"1881\" height=\"1006\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image.png 1881w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image-800x428.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image-1020x546.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image-160x86.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image-1536x821.png 1536w\" sizes=\"(max-width: 1881px) 100vw, 1881px\">\u003cfigcaption class=\"wp-caption-text\">San Bernardino police respond to the shooting of Rob Marquise Adams on July 16, 2022. \u003ccite>(Courtesy San Bernardino Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Yeun fired the shots that killed Adams, according to \u003ca href=\"https://www.youtube.com/watch?v=OaULaHDvxic&t=30s\">body camera footage\u003c/a> released by the San Bernardino Police Department. The footage shows that the shots were fired seconds after the officers arrived in an unmarked car. Both officers were uniformed.\u003c/p>\n\u003cp>The San Bernardino County coroner’s office has not released a report on Adams’ death, but an independent autopsy commissioned by the victim’s family revealed that he was shot seven times. One shot entered Adams’ back, and four entered the backs of his legs, right arm and left shoulder, according to a diagram provided to KVCR and The California Newsroom by Bradley Gage, an attorney who has filed a $100 million federal lawsuit on behalf of the Adams family.\u003c/p>\n\u003cp>Gage said a sixth bullet entered the side of Adams’ left leg and a seventh grazed the front of his right thigh. Gage is working as co-counsel with national civil rights attorney Ben Crump; Crump’s clients include the families of George Floyd and Tyre Nichols, who were killed by police in Minneapolis and Nashville, respectively.\u003c/p>\n\u003cp>Sgt. Ahmed, who was holding another man at gunpoint, did not fire his weapon, according to \u003ca href=\"https://www.youtube.com/watch?v=pjGO6nREmOs&t=2s\">body camera footage\u003c/a>.\u003c/p>\n\u003cp>The officers were responding to a call from a “citizen informant” about a Black man with a gun “in the parking lot of an illegal online gambling business,” according to the San Bernardino Police Department.\u003c/p>\n\u003cp>Statements issued by SBPD did not say whether the man had committed a crime before officers received the tip, or did so when they arrived at the scene in the unmarked vehicle. According to an SBPD statement:\u003c/p>\n\u003cblockquote>\u003cp>As officers arrived, they spotted two males. One of the males, later identified as 23-year-old Rob Marquise Adams of San Bernardino, pulled a gun from his waistband, and began walking towards the officers’ vehicle. The officers exited their vehicle and attempted to give Adams verbal commands, but Adams ran away, towards two cars, still carrying the gun. Officers briefly chased Adams, but seeing that he had no outlet, they believed he intended to use the vehicles as cover to shoot at them. The officer saw Adams look over his left shoulder with the gun still in his right hand. Fearing that bystanders’ or the officers’ lives were in danger, one of the officers fired his gun, striking Adams.\u003c/p>\u003c/blockquote>\n\u003cp>It is unclear whether Adams knew they were police officers before they exited the vehicle.\u003c/p>\n\u003cfigure id=\"attachment_11947605\" class=\"wp-caption aligncenter\" style=\"max-width: 1125px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947605\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7.jpg\" alt=\"A mother stands center with her grown son and daughter on either side of her as they smile for the camera.\" width=\"1125\" height=\"1238\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7.jpg 1125w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7-800x880.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7-1020x1122.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7-160x176.jpg 160w\" sizes=\"(max-width: 1125px) 100vw, 1125px\">\u003cfigcaption class=\"wp-caption-text\">Rob Marquise Adams with his mother, Tamika DeAvila King, and his sister, Renisha Adams. Adams was shot while running away from San Bernardino police on July 16, 2022. \u003ccite>(Courtesy Renisha Adams)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Yeun and Ahmed could not be directly reached for comment. Attorneys for the officers either declined to comment or did not respond to calls and emails. SBPD declined to make Yeun or Ahmed available and did not answer a long list of questions sent by email about their work histories and other matters related to this story.\u003c/p>\n\u003cp>When contacted by KVCR and The California Newsroom with information about the officers’ identities, Rob Adams’ father, Robert Adams, said that he and his family had been unable to learn the names of the officers involved until reached for comment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“To me they’re trying to throw everything up under the rug,” he said. “We’ve been trying to get the officers’ names. We’ve been on the city’s webpages, social pages — nothing. It’s been excuse after excuse.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Robert Adams, Rob Adams’ father\"]‘To me they’re trying to throw everything up under the rug. We’ve been trying to get the officers’ names. We’ve been on the city’s webpages, social pages — nothing. It’s been excuse after excuse.’[/pullquote]\u003c/p>\n\u003cp>Gage also expressed frustration with what he believed to be a lack of transparency by SBPD. Like Adams, he had been unable to confirm the officers’ identities, despite submitting multiple public records requests, until reached by reporters.\u003c/p>\n\u003cp>“One has to ask, ‘Why would the department do that?'” Gage said. “I am confident that as we dive into the backgrounds of these officers, we will find that they were either involved in other questionable shootings, other complaints of excessive force, cover-ups of that force or all three.”\u003c/p>\n\u003cp>Police records obtained by The California Reporting Project, a collaboration of news organizations that has spent years fighting for public records on police misconduct and use of force, show that Gage’s concerns may be well-founded.\u003c/p>\n\u003ch2>Before Rob Adams shooting, Yeun chased and shot 15-year-old\u003c/h2>\n\u003cp>Around 3:30 p.m. on Aug. 18, 2020, Yeun shot an unnamed minor who had fled from a vehicle that SBPD officers pulled over for a traffic violation, according to statements made by officials after the shooting. In body camera footage, Yeun got out of the passenger side of a police vehicle and began chasing the minor through the grounds of an apartment complex where several pedestrians were present. Yeun radioed to fellow officers that the suspect was “still grabbing his waistband.” Yeun yelled, “Get on the ground or I’ll fuckin’ shoot you, dude.”\u003c/p>\n\u003cp>Yeun closed in and yelled, “Get on the ground,” two more times, according to his bodycam footage. The minor appeared to trip or kneel next to a bush, facing away from Yeun. He then looked over his shoulder toward Yeun, his hand obscured by the bush, when Yeun fired. It is unclear, based on the bodycam footage, whether he was holding a gun at the moment he was shot.\u003c/p>\n\u003cp>In police files, the minor, who survived, is quoted as saying, “I didn’t point my gun at the cop, I was going to throw it in the bushes.”\u003c/p>\n\u003cp>The minor “suffered multiple gunshot wounds, including to the lower back, leg, and arm,” according to a civil suit filed by his family in U.S. District Court against the city of San Bernardino, Yeun and nine unnamed officers. Police files confirm the minor was shot three times, and noted that he required surgery to remove a projectile from his back.\u003c/p>\n\u003cp>Yeun and his fellow officers also “failed to summon medical assistance” as the minor “lay bleeding on the ground,” according to the lawsuit. Police dispatch audio shows that medical assistance did not arrive for at least 15 minutes. Yeun’s bodycam footage shows several other officers arriving at the scene moments after the shooting. The minor was turned onto his stomach and handcuffed. Two officers can be seen wearing or putting on latex gloves, but the redacted video makes it unclear whether they were providing aid.\u003c/p>\n\u003cp>The case has been investigated by SBPD and is now under review with the San Bernardino County District Attorney’s Office.[pullquote size=\"medium\" align=\"right\" citation=\"San Bernardino City Council member Ben Reynoso\"]‘We’re tired of having to use taxpayer money for police misconduct. It feels like we’re just bleeding dry.’[/pullquote]Dale Galipo, attorney for the minor, did not respond to calls and emails requesting comment.\u003c/p>\n\u003cp>The case was settled in March 2023, for $500,000.\u003c/p>\n\u003cp>“We’re tired of having to use taxpayer money for police misconduct. It feels like we’re just bleeding dry,” said San Bernardino City Council member Ben Reynoso. “It’s clear to me we haven’t done enough internally to weed out the bad apples.”\u003c/p>\n\u003cp>Yeun has been with SBPD since 2015, according to data available from the California Commission on Peace Officer Standards and Training, or POST. On the Dec. 7, 2021, episode of \u003ca href=\"https://sanbernardinopdbriefingroom.buzzsprout.com/1740482/9677046-the-san-bernardino-swat-team\">the department’s podcast, San Bernardino PD Briefing Room\u003c/a>, Yeun told the hosts he’d been with the elite SWAT team for almost three years.\u003c/p>\n\u003cfigure id=\"attachment_11947600\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947600\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-scaled.jpg\" alt='A group of people gathered with signs that read, \"Justice 4 Rob.\"' width=\"2560\" height=\"1920\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-1920x1440.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">A press conference held by national civil rights attorney Ben Crump and Los Angeles attorney Bradley Gage, held on Aug. 19, 2022, showing results of an independent autopsy commissioned by Adams’ family. The family has filed a $100 million federal lawsuit. \u003ccite>(Courtesy Jonathan Linden)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Sgt. Ahmed’s history of use of force and lawsuits\u003c/h2>\n\u003cp>In 2009, six months after Ahmed joined the San Bernardino Police Department, he and at least one other officer responded to a call from a woman experiencing mental illness. She alleged her husband, who is Black, was verbally, although not physically, abusing her, according to a federal civil rights lawsuit the man filed against Ahmed, other SBPD officers and the city of San Bernardino.\u003c/p>\n\u003cp>The suit claims that police denied the woman a ride to the hospital for her “mental condition.” Court documents say that moments later, despite following police commands to exit the home, the unarmed husband was thrown to the ground by Ahmed and another officer and beaten “with closed fists about the head, face, chest, back and applied pressure by knees to [his] elbow, legs and back.”\u003c/p>\n\u003cp>The incident was among no fewer than seven federal lawsuits in which Ahmed has been named as a defendant for numerous allegations, including assault, battery, conspiracy to violate civil rights, denial of medical care, excessive force, false arrest, intentional infliction of emotional distress, negligence, racial bias and unreasonable search and seizure, according to court records.\u003c/p>\n\u003cp>Details of allegations in the other federal lawsuits in which Ahmed has been a defendant include:\u003c/p>\n\u003cul>\n\u003cli>Supervising and participating in the beating of a man who had run from police but was face down on the ground following orders, and later pressuring the suspect to lie about how he sustained his injuries, which required surgery. Police files reviewed by KVCR and The California Newsroom do not indicate the man had a weapon.\u003c/li>\n\u003cli>Pulling his patrol car over and beating a recently arrested suspect, who was handcuffed in the back seat.\u003c/li>\n\u003cli>Tasering and beating a suspect who had fled on foot during a traffic stop and hidden in a trash can. As a result of the beating, the suspect suffered “multiple fractures to his face and right hand, as well as bruising, taser burns, and lacerations” and had to undergo facial surgery.\u003c/li>\n\u003cli>Participating in the beating of a car-theft suspect who claims to have not been resisting. The lawsuit alleges that officers dislocated his elbow, kicked him in the back and dragged his face across a driveway.\u003c/li>\n\u003c/ul>\n\u003cp>Five cases were settled, costing the city of San Bernardino $539,000. Two cases are still open.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://www.facebook.com/plugins/video.php?height=476&href=https%3A%2F%2Fwww.facebook.com%2FSanBernardinoPD%2Fvideos%2F361352575795177%2F&show_text=false&width=476&t=0\" width=\"476\" height=\"476\" style=\"border:none;overflow:hidden\" scrolling=\"no\" frameborder=\"0\" allowfullscreen=\"true\" allow=\"autoplay; clipboard-write; encrypted-media; picture-in-picture; web-share\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Ahmed joined the department after four years with the nearby Upland Police Department, according to data available from POST. Appearing on the same 2021 podcast episode as Yeun, Ahmed told the hosts that he had been a member of SWAT for nine years and was in his second year as “one of the team leaders.” Previously, Ahmed was with the gang unit, and worked as an officer, a robbery detective and a field trainer, he said.\u003c/p>\n\u003cp>In addition to being named as a defendant in the federal lawsuits, Ahmed has been the subject of no fewer than nine use-of-force incidents since 2016, according to records obtained by The California Reporting Project. The use-of-force cases include three officer-involved shootings, which were ruled as justified.\u003c/p>\n\u003cp>All of the non-shooting incidents released to CPR involving Ahmed include suspects being beaten, having their bones broken and sometimes landing in the hospital, requiring surgery.\u003c/p>\n\u003cp>Former law enforcement officers and legal experts are quick to point out that looking at the number of use-of-force cases and lawsuits alone sometimes misses the nuance needed to assess an officer’s record.\u003c/p>\n\u003cp>“Intuitively it sounds like a lot,” said Greg Meyer, a retired captain with the Los Angeles Police Department who now works as an expert witness. “But it depends on what assignment the person has and what part of town: high crime area, dealing with gang members, etcetera.” Ahmed has spent significant time working as a gang officer, according to officer-involved-shooting investigation interviews and witness testimony he has given.\u003c/p>\n\u003cfigure id=\"attachment_11947603\" class=\"wp-caption aligncenter\" style=\"max-width: 1350px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947603\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT.jpg\" alt=\"A police SWAT team poses in front of an Army green armored vehicle holding weapons.\" width=\"1350\" height=\"1080\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT.jpg 1350w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT-800x640.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT-1020x816.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT-160x128.jpg 160w\" sizes=\"(max-width: 1350px) 100vw, 1350px\">\u003cfigcaption class=\"wp-caption-text\">Sgt. Imran Ahmed (center right), pictured on May 1, 2022, with fellow San Bernardino Police Department SWAT members. \u003ccite>(Courtesy SBPD Facebook page)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Meyer said that in addition to risks posed by an officer’s assignments, it’s crucial to understand how one officer’s use-of-force history compares to others in the department who performed similar roles.\u003c/p>\n\u003cp>Richard Drooyan, a former member of the Los Angeles Police Commission and court-appointed monitor for LA County jails, which are staffed by the LA County Sheriff’s Department, agreed. “You’re always going to have some officers who are going to accumulate more of these instances,” he said.\u003c/p>\n\u003cp>“Nevertheless,” he continued, when told about the number of lawsuits against, and use-of-force cases involving, Ahmed, “I think that the number you’re talking about seems to be very, very high. I don’t recall experiencing that — in my review of the Los Angeles Police Department or the Los Angeles Sheriff’s Department — where a particular officer or officers [have] accumulated that number of complaints.”\u003c/p>\n\u003cp>Those numbers are also concerning to local advocates and community members. Mary Texeira, sociology professor at California State University, San Bernardino, has helped facilitate conversations with students, faculty and residents in the region around race and policing over the last three years.\u003c/p>\n\u003cp>“If you go into a community and you act like a storm trooper, that just doesn’t work,” said Texeira. “You cannot be an enemy in a community that you’re supposedly protecting and serving.”\u003c/p>\n\u003ch2>Fighting for police transparency\u003c/h2>\n\u003cp>After Yeun shot and killed Rob Adams, San Bernardino city officials spent months concealing his and Ahmed’s names. In response to multiple public records requests, they cited privacy concerns and an ongoing investigation. That’s despite a 2014 California \u003ca href=\"https://casetext.com/case/long-beach-police-officers-assn-v-city-of-long-beach-1\">Supreme Court decision\u003c/a> that found that, with limited exceptions, “the balance tips strongly in favor of identity disclosure and against the personal privacy interests of the officers involved.”\u003c/p>\n\u003cp>Peter Bibring, senior counsel at the ACLU of Southern California, noted two California laws, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\">SB 1421\u003c/a> and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB16\">SB 16\u003c/a>, which were written to increase police transparency. “The Legislature has been very clear that absent a very strong reason to withhold information, the public has a right to know about serious uses of force.”\u003c/p>\n\u003cp>Knowing officers’ identities, he said, helps the public “understand how officers use the power we give them to employ deadly force and to understand how departments deal with and manage issues around force.”\u003c/p>\n\u003cp>It also provides a clearer picture for departments — and the public — of possible patterns of misconduct.\u003c/p>\n\u003cp>“When you hide the individual identity of an officer, you lose that element of accountability that connects this incident potentially to other incidents,” said Seth Stoughton, law professor at the University of South Carolina and a former officer with the Tallahassee Police Department.\u003c/p>\n\u003cp>SBPD spokesperson Lt. Jennifer Kohrell disputed the idea that the department has not been forthcoming with Yeun’s and Ahmed’s names. “We made it public,” she said. Kohrell then forwarded an email she claims to have sent to media contacts going into the Christmas weekend, time-stamped Friday, Dec. 23, 2022, at 8:50 p.m. The email’s subject line, “Press Release Update,” did not mention the Adams shooting. Yeun’s and Ahmed’s names were at the bottom of the \u003ca href=\"https://www.documentcloud.org/documents/23787507-press-release-update?responsive=1&title=1\">attached PDF\u003c/a>, with no specific details about who shot Adams. Kohrell refused to provide a list of who received the email.\u003c/p>\n\u003cp>“Sending an email the Friday before Christmas in the dark of night — that is not public disclosure,” Bibring said. “Giving it to a small handful of people is not releasing it to the public.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://embed.documentcloud.org/documents/23787648-screenshot-sbpd-email/?embed=1&responsive=1&title=1\" title=\"Screenshot SBPD Email (Hosted by DocumentCloud)\" width=\"700\" height=\"905\" style=\"border: 1px solid #aaa; width: 100%; height: 800px; height: calc(100vh - 100px);\" sandbox=\"allow-scripts allow-same-origin allow-popups allow-forms allow-popups-to-escape-sandbox\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>The press release included links to Yeun’s and Ahmed’s body camera footage, which were both posted to YouTube the same night. Titles and descriptions of the footage did not indicate that the videos were related to the Adams shooting. The footage was heavily redacted and did not reveal their full names.\u003c/p>\n\u003cp>It is still unclear whether Yeun’s or Ahmed’s names were ever put online. From the time of the shooting until as recently as April 24, the updated press release could not be found on the city’s website. When questioned, Kohrell said, “I think we did,” but added that “some things got lost” due to technical issues “and that [press] release might have been one of them.” When asked to provide a definitive answer, Kohrell refused. “I’m not going to jump through hoops for you,” she said.\u003c/p>\n\u003cp>“It starts to look like every single one of those steps is probably an intentional effort to minimize the access to information rather than facilitate the access to information,” Stoughton said. “And that’s not the way this government is supposed to work.”\u003c/p>\n\u003cp>Stoughton said that releasing an officer’s name within 72 hours — or up to a few weeks after — an incident is standard across most police departments. “I would have a hard time justifying their delay,” he said.\u003c/p>\n\u003cp>Councilmember Reynoso said he — like Rob Adams’ family and the family’s attorneys — was unaware of Yeun’s and Ahmed’s identities, or their use-of-force histories, until reached for comment.” As a council, we’ve faced the same walls as you have, as reporters,” he said.\u003c/p>\n\u003cp>Reynoso added that a lack of transparency “cements distrust” in the police among community members. “The community has a right to know who is policing them,” he said. “When an officer is on the street, armed, in a patrol car, I want to know if they have a record.”\u003c/p>\n\u003cp>\u003cem>This story was produced by The California Newsroom, a collaboration of public radio stations, and The California Reporting Project, a coalition of 40 news organizations across the state. Bella Arnold of UC Berkeley Graduate School of Journalism’s Investigative Reporting Program, Leila Barghouty of Stanford Journalism’s Big Local News and Lisa Pickoff-White of Big Local News and KQED contributed to this report. Former KVCR reporter Jonathan Linden also contributed reporting.\u003c/em>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Last July, San Bernardino police shot and killed a 23-year-old Black man as he ran from them while allegedly holding a gun. The killing of Rob Adams drew protests and demands for accountability. Now, nine months later, San Bernardino city officials have confirmed to KVCR and The California Newsroom the identities of the officers involved.","status":"publish","parent":0,"modified":1682708090,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://embed.documentcloud.org/documents/23787648-screenshot-sbpd-email/"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":60,"wordCount":3304},"headData":{"title":"San Bernardino Police Involved in Fatal Rob Adams Shooting Both Have Histories of Alleged Excessive Force | KQED","description":"Last July, San Bernardino police shot and killed a 23-year-old Black man as he ran from them while allegedly holding a gun. The killing of Rob Adams drew protests and demands for accountability. Now, nine months later, San Bernardino city officials have confirmed to KVCR and The California Newsroom the identities of the officers involved.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"San Bernardino Police Involved in Fatal Rob Adams Shooting Both Have Histories of Alleged Excessive Force","datePublished":"2023-04-25T23:43:08.000Z","dateModified":"2023-04-28T18:54:50.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://www.kqed.org/author/msolomon\">Molly Solomon\u003c/a>, \u003ca href=\"https://twitter.com/mikeskessler\">Mike Kessler\u003c/a>, \u003ca href=\"https://www.kvcrnews.org/people/madison-aument\">Madison Aument\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"Yes","articleAge":"0","path":"/news/11947587/san-bernardino-police-involved-in-fatal-rob-adams-shooting-both-have-histories-of-alleged-excessive-force","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last July, San Bernardino police shot and killed a 23-year-old Black man as he ran from them while allegedly holding a gun. The police killing of Rob Adams drew protests and demands for accountability — and is the subject of a $100 million lawsuit filed on behalf of his family.\u003c/p>\n\u003cp>Now, nine months after Adams was killed, San Bernardino city officials have confirmed to KVCR and The California Newsroom the identities of the officers involved: Michael Yeun and Sgt. Imran Ahmed.\u003c/p>\n\u003cp>Advocates for police transparency say state laws make it clear the public has a right to know the circumstances and details when serious force is used — which raises questions about what took so long for the names to be available in this case.\u003c/p>\n\u003cfigure id=\"attachment_11947601\" class=\"wp-caption aligncenter\" style=\"max-width: 1881px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947601\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image.png\" alt=\"A still shot from police dash cam footage shows a police vehicle with red and blue lights flashing as it answers a call in a neighborhood in Southern California.\" width=\"1881\" height=\"1006\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image.png 1881w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image-800x428.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image-1020x546.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image-160x86.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Lead-Image-1536x821.png 1536w\" sizes=\"(max-width: 1881px) 100vw, 1881px\">\u003cfigcaption class=\"wp-caption-text\">San Bernardino police respond to the shooting of Rob Marquise Adams on July 16, 2022. \u003ccite>(Courtesy San Bernardino Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Yeun fired the shots that killed Adams, according to \u003ca href=\"https://www.youtube.com/watch?v=OaULaHDvxic&t=30s\">body camera footage\u003c/a> released by the San Bernardino Police Department. The footage shows that the shots were fired seconds after the officers arrived in an unmarked car. Both officers were uniformed.\u003c/p>\n\u003cp>The San Bernardino County coroner’s office has not released a report on Adams’ death, but an independent autopsy commissioned by the victim’s family revealed that he was shot seven times. One shot entered Adams’ back, and four entered the backs of his legs, right arm and left shoulder, according to a diagram provided to KVCR and The California Newsroom by Bradley Gage, an attorney who has filed a $100 million federal lawsuit on behalf of the Adams family.\u003c/p>\n\u003cp>Gage said a sixth bullet entered the side of Adams’ left leg and a seventh grazed the front of his right thigh. Gage is working as co-counsel with national civil rights attorney Ben Crump; Crump’s clients include the families of George Floyd and Tyre Nichols, who were killed by police in Minneapolis and Nashville, respectively.\u003c/p>\n\u003cp>Sgt. Ahmed, who was holding another man at gunpoint, did not fire his weapon, according to \u003ca href=\"https://www.youtube.com/watch?v=pjGO6nREmOs&t=2s\">body camera footage\u003c/a>.\u003c/p>\n\u003cp>The officers were responding to a call from a “citizen informant” about a Black man with a gun “in the parking lot of an illegal online gambling business,” according to the San Bernardino Police Department.\u003c/p>\n\u003cp>Statements issued by SBPD did not say whether the man had committed a crime before officers received the tip, or did so when they arrived at the scene in the unmarked vehicle. According to an SBPD statement:\u003c/p>\n\u003cblockquote>\u003cp>As officers arrived, they spotted two males. One of the males, later identified as 23-year-old Rob Marquise Adams of San Bernardino, pulled a gun from his waistband, and began walking towards the officers’ vehicle. The officers exited their vehicle and attempted to give Adams verbal commands, but Adams ran away, towards two cars, still carrying the gun. Officers briefly chased Adams, but seeing that he had no outlet, they believed he intended to use the vehicles as cover to shoot at them. The officer saw Adams look over his left shoulder with the gun still in his right hand. Fearing that bystanders’ or the officers’ lives were in danger, one of the officers fired his gun, striking Adams.\u003c/p>\u003c/blockquote>\n\u003cp>It is unclear whether Adams knew they were police officers before they exited the vehicle.\u003c/p>\n\u003cfigure id=\"attachment_11947605\" class=\"wp-caption aligncenter\" style=\"max-width: 1125px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947605\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7.jpg\" alt=\"A mother stands center with her grown son and daughter on either side of her as they smile for the camera.\" width=\"1125\" height=\"1238\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7.jpg 1125w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7-800x880.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7-1020x1122.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-7-160x176.jpg 160w\" sizes=\"(max-width: 1125px) 100vw, 1125px\">\u003cfigcaption class=\"wp-caption-text\">Rob Marquise Adams with his mother, Tamika DeAvila King, and his sister, Renisha Adams. Adams was shot while running away from San Bernardino police on July 16, 2022. \u003ccite>(Courtesy Renisha Adams)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Yeun and Ahmed could not be directly reached for comment. Attorneys for the officers either declined to comment or did not respond to calls and emails. SBPD declined to make Yeun or Ahmed available and did not answer a long list of questions sent by email about their work histories and other matters related to this story.\u003c/p>\n\u003cp>When contacted by KVCR and The California Newsroom with information about the officers’ identities, Rob Adams’ father, Robert Adams, said that he and his family had been unable to learn the names of the officers involved until reached for comment.\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>“To me they’re trying to throw everything up under the rug,” he said. “We’ve been trying to get the officers’ names. We’ve been on the city’s webpages, social pages — nothing. It’s been excuse after excuse.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘To me they’re trying to throw everything up under the rug. We’ve been trying to get the officers’ names. We’ve been on the city’s webpages, social pages — nothing. It’s been excuse after excuse.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Robert Adams, Rob Adams’ father","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gage also expressed frustration with what he believed to be a lack of transparency by SBPD. Like Adams, he had been unable to confirm the officers’ identities, despite submitting multiple public records requests, until reached by reporters.\u003c/p>\n\u003cp>“One has to ask, ‘Why would the department do that?'” Gage said. “I am confident that as we dive into the backgrounds of these officers, we will find that they were either involved in other questionable shootings, other complaints of excessive force, cover-ups of that force or all three.”\u003c/p>\n\u003cp>Police records obtained by The California Reporting Project, a collaboration of news organizations that has spent years fighting for public records on police misconduct and use of force, show that Gage’s concerns may be well-founded.\u003c/p>\n\u003ch2>Before Rob Adams shooting, Yeun chased and shot 15-year-old\u003c/h2>\n\u003cp>Around 3:30 p.m. on Aug. 18, 2020, Yeun shot an unnamed minor who had fled from a vehicle that SBPD officers pulled over for a traffic violation, according to statements made by officials after the shooting. In body camera footage, Yeun got out of the passenger side of a police vehicle and began chasing the minor through the grounds of an apartment complex where several pedestrians were present. Yeun radioed to fellow officers that the suspect was “still grabbing his waistband.” Yeun yelled, “Get on the ground or I’ll fuckin’ shoot you, dude.”\u003c/p>\n\u003cp>Yeun closed in and yelled, “Get on the ground,” two more times, according to his bodycam footage. The minor appeared to trip or kneel next to a bush, facing away from Yeun. He then looked over his shoulder toward Yeun, his hand obscured by the bush, when Yeun fired. It is unclear, based on the bodycam footage, whether he was holding a gun at the moment he was shot.\u003c/p>\n\u003cp>In police files, the minor, who survived, is quoted as saying, “I didn’t point my gun at the cop, I was going to throw it in the bushes.”\u003c/p>\n\u003cp>The minor “suffered multiple gunshot wounds, including to the lower back, leg, and arm,” according to a civil suit filed by his family in U.S. District Court against the city of San Bernardino, Yeun and nine unnamed officers. Police files confirm the minor was shot three times, and noted that he required surgery to remove a projectile from his back.\u003c/p>\n\u003cp>Yeun and his fellow officers also “failed to summon medical assistance” as the minor “lay bleeding on the ground,” according to the lawsuit. Police dispatch audio shows that medical assistance did not arrive for at least 15 minutes. Yeun’s bodycam footage shows several other officers arriving at the scene moments after the shooting. The minor was turned onto his stomach and handcuffed. Two officers can be seen wearing or putting on latex gloves, but the redacted video makes it unclear whether they were providing aid.\u003c/p>\n\u003cp>The case has been investigated by SBPD and is now under review with the San Bernardino County District Attorney’s Office.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We’re tired of having to use taxpayer money for police misconduct. It feels like we’re just bleeding dry.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"San Bernardino City Council member Ben Reynoso","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Dale Galipo, attorney for the minor, did not respond to calls and emails requesting comment.\u003c/p>\n\u003cp>The case was settled in March 2023, for $500,000.\u003c/p>\n\u003cp>“We’re tired of having to use taxpayer money for police misconduct. It feels like we’re just bleeding dry,” said San Bernardino City Council member Ben Reynoso. “It’s clear to me we haven’t done enough internally to weed out the bad apples.”\u003c/p>\n\u003cp>Yeun has been with SBPD since 2015, according to data available from the California Commission on Peace Officer Standards and Training, or POST. On the Dec. 7, 2021, episode of \u003ca href=\"https://sanbernardinopdbriefingroom.buzzsprout.com/1740482/9677046-the-san-bernardino-swat-team\">the department’s podcast, San Bernardino PD Briefing Room\u003c/a>, Yeun told the hosts he’d been with the elite SWAT team for almost three years.\u003c/p>\n\u003cfigure id=\"attachment_11947600\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947600\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-scaled.jpg\" alt='A group of people gathered with signs that read, \"Justice 4 Rob.\"' width=\"2560\" height=\"1920\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Rob-Adams-Autopsy-1920x1440.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">A press conference held by national civil rights attorney Ben Crump and Los Angeles attorney Bradley Gage, held on Aug. 19, 2022, showing results of an independent autopsy commissioned by Adams’ family. The family has filed a $100 million federal lawsuit. \u003ccite>(Courtesy Jonathan Linden)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Sgt. Ahmed’s history of use of force and lawsuits\u003c/h2>\n\u003cp>In 2009, six months after Ahmed joined the San Bernardino Police Department, he and at least one other officer responded to a call from a woman experiencing mental illness. She alleged her husband, who is Black, was verbally, although not physically, abusing her, according to a federal civil rights lawsuit the man filed against Ahmed, other SBPD officers and the city of San Bernardino.\u003c/p>\n\u003cp>The suit claims that police denied the woman a ride to the hospital for her “mental condition.” Court documents say that moments later, despite following police commands to exit the home, the unarmed husband was thrown to the ground by Ahmed and another officer and beaten “with closed fists about the head, face, chest, back and applied pressure by knees to [his] elbow, legs and back.”\u003c/p>\n\u003cp>The incident was among no fewer than seven federal lawsuits in which Ahmed has been named as a defendant for numerous allegations, including assault, battery, conspiracy to violate civil rights, denial of medical care, excessive force, false arrest, intentional infliction of emotional distress, negligence, racial bias and unreasonable search and seizure, according to court records.\u003c/p>\n\u003cp>Details of allegations in the other federal lawsuits in which Ahmed has been a defendant include:\u003c/p>\n\u003cul>\n\u003cli>Supervising and participating in the beating of a man who had run from police but was face down on the ground following orders, and later pressuring the suspect to lie about how he sustained his injuries, which required surgery. Police files reviewed by KVCR and The California Newsroom do not indicate the man had a weapon.\u003c/li>\n\u003cli>Pulling his patrol car over and beating a recently arrested suspect, who was handcuffed in the back seat.\u003c/li>\n\u003cli>Tasering and beating a suspect who had fled on foot during a traffic stop and hidden in a trash can. As a result of the beating, the suspect suffered “multiple fractures to his face and right hand, as well as bruising, taser burns, and lacerations” and had to undergo facial surgery.\u003c/li>\n\u003cli>Participating in the beating of a car-theft suspect who claims to have not been resisting. The lawsuit alleges that officers dislocated his elbow, kicked him in the back and dragged his face across a driveway.\u003c/li>\n\u003c/ul>\n\u003cp>Five cases were settled, costing the city of San Bernardino $539,000. Two cases are still open.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://www.facebook.com/plugins/video.php?height=476&href=https%3A%2F%2Fwww.facebook.com%2FSanBernardinoPD%2Fvideos%2F361352575795177%2F&show_text=false&width=476&t=0\" width=\"476\" height=\"476\" style=\"border:none;overflow:hidden\" scrolling=\"no\" frameborder=\"0\" allowfullscreen=\"true\" allow=\"autoplay; clipboard-write; encrypted-media; picture-in-picture; web-share\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Ahmed joined the department after four years with the nearby Upland Police Department, according to data available from POST. Appearing on the same 2021 podcast episode as Yeun, Ahmed told the hosts that he had been a member of SWAT for nine years and was in his second year as “one of the team leaders.” Previously, Ahmed was with the gang unit, and worked as an officer, a robbery detective and a field trainer, he said.\u003c/p>\n\u003cp>In addition to being named as a defendant in the federal lawsuits, Ahmed has been the subject of no fewer than nine use-of-force incidents since 2016, according to records obtained by The California Reporting Project. The use-of-force cases include three officer-involved shootings, which were ruled as justified.\u003c/p>\n\u003cp>All of the non-shooting incidents released to CPR involving Ahmed include suspects being beaten, having their bones broken and sometimes landing in the hospital, requiring surgery.\u003c/p>\n\u003cp>Former law enforcement officers and legal experts are quick to point out that looking at the number of use-of-force cases and lawsuits alone sometimes misses the nuance needed to assess an officer’s record.\u003c/p>\n\u003cp>“Intuitively it sounds like a lot,” said Greg Meyer, a retired captain with the Los Angeles Police Department who now works as an expert witness. “But it depends on what assignment the person has and what part of town: high crime area, dealing with gang members, etcetera.” Ahmed has spent significant time working as a gang officer, according to officer-involved-shooting investigation interviews and witness testimony he has given.\u003c/p>\n\u003cfigure id=\"attachment_11947603\" class=\"wp-caption aligncenter\" style=\"max-width: 1350px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947603\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT.jpg\" alt=\"A police SWAT team poses in front of an Army green armored vehicle holding weapons.\" width=\"1350\" height=\"1080\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT.jpg 1350w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT-800x640.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT-1020x816.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/Ahmed-SWAT-160x128.jpg 160w\" sizes=\"(max-width: 1350px) 100vw, 1350px\">\u003cfigcaption class=\"wp-caption-text\">Sgt. Imran Ahmed (center right), pictured on May 1, 2022, with fellow San Bernardino Police Department SWAT members. \u003ccite>(Courtesy SBPD Facebook page)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Meyer said that in addition to risks posed by an officer’s assignments, it’s crucial to understand how one officer’s use-of-force history compares to others in the department who performed similar roles.\u003c/p>\n\u003cp>Richard Drooyan, a former member of the Los Angeles Police Commission and court-appointed monitor for LA County jails, which are staffed by the LA County Sheriff’s Department, agreed. “You’re always going to have some officers who are going to accumulate more of these instances,” he said.\u003c/p>\n\u003cp>“Nevertheless,” he continued, when told about the number of lawsuits against, and use-of-force cases involving, Ahmed, “I think that the number you’re talking about seems to be very, very high. I don’t recall experiencing that — in my review of the Los Angeles Police Department or the Los Angeles Sheriff’s Department — where a particular officer or officers [have] accumulated that number of complaints.”\u003c/p>\n\u003cp>Those numbers are also concerning to local advocates and community members. Mary Texeira, sociology professor at California State University, San Bernardino, has helped facilitate conversations with students, faculty and residents in the region around race and policing over the last three years.\u003c/p>\n\u003cp>“If you go into a community and you act like a storm trooper, that just doesn’t work,” said Texeira. “You cannot be an enemy in a community that you’re supposedly protecting and serving.”\u003c/p>\n\u003ch2>Fighting for police transparency\u003c/h2>\n\u003cp>After Yeun shot and killed Rob Adams, San Bernardino city officials spent months concealing his and Ahmed’s names. In response to multiple public records requests, they cited privacy concerns and an ongoing investigation. That’s despite a 2014 California \u003ca href=\"https://casetext.com/case/long-beach-police-officers-assn-v-city-of-long-beach-1\">Supreme Court decision\u003c/a> that found that, with limited exceptions, “the balance tips strongly in favor of identity disclosure and against the personal privacy interests of the officers involved.”\u003c/p>\n\u003cp>Peter Bibring, senior counsel at the ACLU of Southern California, noted two California laws, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\">SB 1421\u003c/a> and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB16\">SB 16\u003c/a>, which were written to increase police transparency. “The Legislature has been very clear that absent a very strong reason to withhold information, the public has a right to know about serious uses of force.”\u003c/p>\n\u003cp>Knowing officers’ identities, he said, helps the public “understand how officers use the power we give them to employ deadly force and to understand how departments deal with and manage issues around force.”\u003c/p>\n\u003cp>It also provides a clearer picture for departments — and the public — of possible patterns of misconduct.\u003c/p>\n\u003cp>“When you hide the individual identity of an officer, you lose that element of accountability that connects this incident potentially to other incidents,” said Seth Stoughton, law professor at the University of South Carolina and a former officer with the Tallahassee Police Department.\u003c/p>\n\u003cp>SBPD spokesperson Lt. Jennifer Kohrell disputed the idea that the department has not been forthcoming with Yeun’s and Ahmed’s names. “We made it public,” she said. Kohrell then forwarded an email she claims to have sent to media contacts going into the Christmas weekend, time-stamped Friday, Dec. 23, 2022, at 8:50 p.m. The email’s subject line, “Press Release Update,” did not mention the Adams shooting. Yeun’s and Ahmed’s names were at the bottom of the \u003ca href=\"https://www.documentcloud.org/documents/23787507-press-release-update?responsive=1&title=1\">attached PDF\u003c/a>, with no specific details about who shot Adams. Kohrell refused to provide a list of who received the email.\u003c/p>\n\u003cp>“Sending an email the Friday before Christmas in the dark of night — that is not public disclosure,” Bibring said. “Giving it to a small handful of people is not releasing it to the public.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://embed.documentcloud.org/documents/23787648-screenshot-sbpd-email/?embed=1&responsive=1&title=1\" title=\"Screenshot SBPD Email (Hosted by DocumentCloud)\" width=\"700\" height=\"905\" style=\"border: 1px solid #aaa; width: 100%; height: 800px; height: calc(100vh - 100px);\" sandbox=\"allow-scripts allow-same-origin allow-popups allow-forms allow-popups-to-escape-sandbox\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>The press release included links to Yeun’s and Ahmed’s body camera footage, which were both posted to YouTube the same night. Titles and descriptions of the footage did not indicate that the videos were related to the Adams shooting. The footage was heavily redacted and did not reveal their full names.\u003c/p>\n\u003cp>It is still unclear whether Yeun’s or Ahmed’s names were ever put online. From the time of the shooting until as recently as April 24, the updated press release could not be found on the city’s website. When questioned, Kohrell said, “I think we did,” but added that “some things got lost” due to technical issues “and that [press] release might have been one of them.” When asked to provide a definitive answer, Kohrell refused. “I’m not going to jump through hoops for you,” she said.\u003c/p>\n\u003cp>“It starts to look like every single one of those steps is probably an intentional effort to minimize the access to information rather than facilitate the access to information,” Stoughton said. “And that’s not the way this government is supposed to work.”\u003c/p>\n\u003cp>Stoughton said that releasing an officer’s name within 72 hours — or up to a few weeks after — an incident is standard across most police departments. “I would have a hard time justifying their delay,” he said.\u003c/p>\n\u003cp>Councilmember Reynoso said he — like Rob Adams’ family and the family’s attorneys — was unaware of Yeun’s and Ahmed’s identities, or their use-of-force histories, until reached for comment.” As a council, we’ve faced the same walls as you have, as reporters,” he said.\u003c/p>\n\u003cp>Reynoso added that a lack of transparency “cements distrust” in the police among community members. “The community has a right to know who is policing them,” he said. “When an officer is on the street, armed, in a patrol car, I want to know if they have a record.”\u003c/p>\n\u003cp>\u003cem>This story was produced by The California Newsroom, a collaboration of public radio stations, and The California Reporting Project, a coalition of 40 news organizations across the state. Bella Arnold of UC Berkeley Graduate School of Journalism’s Investigative Reporting Program, Leila Barghouty of Stanford Journalism’s Big Local News and Lisa Pickoff-White of Big Local News and KQED contributed to this report. Former KVCR reporter Jonathan Linden also contributed reporting.\u003c/em>\u003c/p>\n\u003cp> \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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11947587/san-bernardino-police-involved-in-fatal-rob-adams-shooting-both-have-histories-of-alleged-excessive-force","authors":["byline_news_11947587"],"categories":["news_6188","news_8"],"tags":["news_31969","news_17725","news_31984","news_4379","news_32672","news_2717"],"featImg":"news_11947651","label":"news"},"news_11939340":{"type":"posts","id":"news_11939340","meta":{"index":"posts_1591205157","site":"news","id":"11939340","score":null,"sort":[1674867853000]},"guestAuthors":[],"slug":"state-justice-department-fails-to-probe-or-even-log-multiple-police-shootings-of-possibly-unarmed-people","title":"State Justice Department Fails to Probe — or Even Log — Multiple Police Shootings of Possibly Unarmed People","publishDate":1674867853,"format":"standard","headTitle":"CALmatters | KQED News","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>A \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1506\">law passed in 2020\u003c/a> compels the state Justice Department to investigate all \u003ca href=\"https://calmatters.org/justice/2021/05/police-deadly-force-law/\">incidents in which a police officer shoots and kills someone who is unarmed\u003c/a>.\u003c/p>\n\u003cp>But the department isn’t investigating all the incidents law enforcement agencies are referring to it: In at least 17 cases to date, the state has opted not to investigate.\u003c/p>\n\u003cp>The exact number and details about those cases are a bit of a mystery, CalMatters has learned. The Justice Department said it had not been tracking each report it received and could readily provide details only for cases in which its agents visited the scene or opened an investigation or reports. After CalMatters began raising questions in November, the department managed to track down some information on the 17 rejected cases, and acknowledged there were more.[pullquote align=\"right\" size=\"medium\" citation=\"Izaak Schwaiger, attorney\"]'[F]or those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it's a misapplication of the attorney general's duty under the law.'[/pullquote]CalMatters launched its own \u003ca href=\"https://calmatters.org/justice/2022/11/california-police-shootings-unarmed-civilians/\">tracker to follow the police shooting cases the Justice Department is investigating\u003c/a>, which number 31 and counting.\u003c/p>\n\u003cp>The department now says it has reversed course and begun tracking every report that comes in.\u003c/p>\n\u003cp>“Given the mandate and the need to rapidly implement a major new statewide initiative, our office focused on … qualifying events,” a Justice Department spokesperson wrote in an email to CalMatters on Jan. 20. “We did not previously consider tracking calls for non-qualifying events. However, we are now tracking the information on our end and we’re more than happy to provide updates on those figures as needed … .”\u003c/p>\n\u003cp>Under the new law, whenever a police department or sheriff’s office thinks one of their officers has shot someone who could be considered unarmed — including those carrying Airsoft rifles or other weapons not considered deadly — they’re compelled by law to report it for review.\u003c/p>\n\u003cp>The law says: “A state prosecutor shall investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian. The Attorney General is the state prosecutor unless otherwise specified or named.”\u003c/p>\n\u003cp>But sometimes a lot hinges on the definition of “unarmed.” The Justice Department may opt not to investigate a case if it determines the person killed was, in fact, armed in some way. For example, if the slain person was in a car, the deputy attorney general making the call might determine that the person was using the car in a manner that constituted potential deadly force.\u003c/p>\n\u003cp>In any event, when the Justice Department doesn’t take a case, it also hasn’t been publishing an explanation as to why.\u003c/p>\n\u003cp>The review process for the shooting of unarmed people is public record, and the Justice Department has maintained \u003ca href=\"https://oag.ca.gov/ois-incidents/current-cases\">a page recording the names and locations of the people shot and the officers suspected of shooting them\u003c/a>.\u003c/p>\n\u003cp>Failing to report the original calls from law enforcement agencies — whether the person they shot was unarmed or not — makes analyzing the decision-making by the Justice Department more difficult. This was, after all, a law enacted in the wake of the George Floyd shooting to create a layer of state oversight.\u003c/p>\n\u003cp>For instance, there were 31 open investigations into the shootings of unarmed people as of Wednesday, but it’s impossible to know what percentage that represents of the total number of calls the department has received. They have logged at least 66 total calls since July 1, 2021.\u003c/p>\n\u003cp>The legislation creating the program to investigate deadly police shootings does not explicitly mandate how the Justice Department will maintain records. The Justice Department told CalMatters that the program’s operations are up to them.[aside postID=news_11931901 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/11/GettyImages-1370341717-1020x680.jpg']“Oh, it’s absolutely troubling, but I’m just a lawyer, I’m not the family who lost a loved one,” said Izaak Schwaiger, an attorney representing the family of David Pelaez Chavez in \u003ca href=\"https://dockets.justia.com/docket/california/candce/4:2022cv06715/403001\">a federal lawsuit against the Sonoma County Sheriff’s Office\u003c/a> and the deputy who shot him. “And for those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it’s a misapplication of the attorney general’s duty under the law.”\u003c/p>\n\u003cp>In that case, even the Sonoma County district attorney has complained that the state Justice Department needed to be more transparent about its decision to not investigate.\u003c/p>\n\u003cp>The two authors of the original bill creating the program refused to comment on the way the Justice Department has been handling cases. One is Assemblymember Kevin McCarty, the Sacramento Democrat whose spokesperson said he would soon introduce legislation expanding the Justice Department’s mandate to investigate all deaths at the hands of law enforcement. The other is Attorney General Rob Bonta, a former legislator who now heads the Justice Department.\u003c/p>\n\u003cp>Other legislators heavily involved with policing also refused to comment. A spokesperson for Assemblymember Reggie Jones-Sawyer, a Los Angeles Democrat and chair of the Assembly Public Safety Committee, said he would issue a statement, then stopped returning calls and text messages.\u003c/p>\n\u003cp>No one, it seemed, wanted to talk. A number of the groups who were registered supporters of the original legislation creating the Justice Department program didn’t return calls or emails from CalMatters, or declined to comment. One person who wouldn’t be quoted by name said that the groups worried that publicizing each call from a law enforcement agency would make the agencies less likely to report their shootings in the future.\u003c/p>\n\u003cp>“There should be some record, a digital record, that a telephone call was made,” said David Loy, legal director of the First Amendment Coalition. “Incoming and outgoing calls, even if it’s only to record … the fact that a call was made should be [available]. I mean, my cellphone bill has a record. Every call that came in and out of my cellphone, that’s a record that exists. I can’t believe that the state doesn’t have a similar record.”\u003c/p>\n\u003ch2>Shot shoeless in a creek\u003c/h2>\n\u003cp>One of the calls the Justice Department chose not to investigate came from the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>At about 7:30 a.m. on July 29, 2022, Sonoma County dispatchers took a call about a man breaking a house’s window with a rock. Deputies found 36-year-old David Pelaez Chavez in a hilly area and tried to communicate with him in Spanish, according to \u003ca href=\"https://norcalpublicmedia.org/2022081580725/news-feed/sheriff-s-office-releases-body-cam-footage-audio-in-chavez-killing\">body camera footage\u003c/a> released by the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>The deputies did not tell Pelaez Chavez in Spanish to drop the hammer and tiller he was holding in one hand, and the rock he held in the other. As he bent over, standing shoeless in a creek, a deputy shot and killed him.[pullquote align=\"right\" size=\"medium\" citation=\"Izaak Schwaiger, attorney\"]'I think their earlier position upon the adoption of this law was that they’ll make it work, no matter what. The truth is, they haven't.'[/pullquote]In a September 7 letter to Bonta, Sonoma County District Attorney Jill Ravitch \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/09-07-2022-Letter-to-Attorney-General-re-OIS-.pdf\">questioned the lack of transparency (PDF)\u003c/a> after the state turned down a potential investigation, noting: “It would be helpful to have a written explanation of how the determination was made to decline participation in the investigation … .”\u003c/p>\n\u003cp>“I was concerned that the decision had been made without enough evidence and it was a little preliminary given the situation,” \u003ca href=\"https://www.pressdemocrat.com/article/news/district-attorney-ravitch-questions-attorney-generals-decision-not-to-inve/\">Ravitch told \u003cem>The Press Democrat\u003c/em> in Santa Rosa\u003c/a>.\u003c/p>\n\u003cp>CalMatters has found that the Justice Department has struggled to meet the goals set by the police shooting law — including the attorney general’s own pledge to complete investigations in one year. Internal emails indicate that \u003ca href=\"https://calmatters.org/justice/2022/07/california-police-accountability-laws/\">Justice Department employees were worried that the new workload would overwhelm them\u003c/a>. Department officials also have complained that \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2223/FY2223_ORG0820_BCP4943.pdf\">the Legislature slashed in half their original $26 million budget request (PDF)\u003c/a> to cover these investigations.\u003c/p>\n\u003cp>Police shootings are politically charged, and Schwaiger, the plaintiff’s attorney in the Sonoma County case, said the lack of funding means Bonta’s office has less time and fewer resources to investigate cases with little upside to the department: If you push for charges against police officers, you’ll enrage one set of constituents; if you fail to bring charges, you’ll upset a different set of voters.\u003c/p>\n\u003cp>“There’s no more labor-intensive investigation that can be done than the investigation of a police officer involved in some kind of a killing,” Schwaiger said. “And there might be something to the fact that they don’t have the manpower or the money to do it.\u003c/p>\n\u003cp>“I think their earlier position upon the adoption of this law was that they’ll make it work, no matter what. The truth is, they haven’t.”\u003c/p>\n\u003cp>Investigations into police shootings of unarmed people throughout California begin when the law enforcement agency itself calls in the shooting to a Los Angeles-based 24-hour call center — these are the calls that the Justice Department has just started tracking.\u003c/p>\n\u003cp>The call center contacts an agent at the Department of Justice, who then confers with department attorneys on whether the incident could qualify as a fatal shooting of an unarmed person.\u003c/p>\n\u003cp>If the Justice Department agent finds there is enough cause, the department will send a deputy attorney general to the scene of the shooting. This had happened 49 times as of Jan. 16. After processing the scene, Justice Department attorneys then decide whether to take up the case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The Justice Department told CalMatters that it can't say how many cases it chose not to investigate during the past 18 months under a new state law, which aimed to ensure state oversight of police shootings. In at least 17 cases to date, the state has opted not to investigate.","status":"publish","parent":0,"modified":1674868696,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1691},"headData":{"title":"State Justice Department Fails to Probe — or Even Log — Multiple Police Shootings of Possibly Unarmed People | KQED","description":"The Justice Department told CalMatters that it can't say how many cases it chose not to investigate during the past 18 months under a new state law, which aimed to ensure state oversight of police shootings. In at least 17 cases to date, the state has opted not to investigate.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Justice Department Fails to Probe — or Even Log — Multiple Police Shootings of Possibly Unarmed People","datePublished":"2023-01-28T01:04:13.000Z","dateModified":"2023-01-28T01:18:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://calmatters.org/author/nigelduara/\">Nigel Duara\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11939340/state-justice-department-fails-to-probe-or-even-log-multiple-police-shootings-of-possibly-unarmed-people","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1506\">law passed in 2020\u003c/a> compels the state Justice Department to investigate all \u003ca href=\"https://calmatters.org/justice/2021/05/police-deadly-force-law/\">incidents in which a police officer shoots and kills someone who is unarmed\u003c/a>.\u003c/p>\n\u003cp>But the department isn’t investigating all the incidents law enforcement agencies are referring to it: In at least 17 cases to date, the state has opted not to investigate.\u003c/p>\n\u003cp>The exact number and details about those cases are a bit of a mystery, CalMatters has learned. The Justice Department said it had not been tracking each report it received and could readily provide details only for cases in which its agents visited the scene or opened an investigation or reports. After CalMatters began raising questions in November, the department managed to track down some information on the 17 rejected cases, and acknowledged there were more.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'[F]or those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it's a misapplication of the attorney general's duty under the law.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Izaak Schwaiger, attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>CalMatters launched its own \u003ca href=\"https://calmatters.org/justice/2022/11/california-police-shootings-unarmed-civilians/\">tracker to follow the police shooting cases the Justice Department is investigating\u003c/a>, which number 31 and counting.\u003c/p>\n\u003cp>The department now says it has reversed course and begun tracking every report that comes in.\u003c/p>\n\u003cp>“Given the mandate and the need to rapidly implement a major new statewide initiative, our office focused on … qualifying events,” a Justice Department spokesperson wrote in an email to CalMatters on Jan. 20. “We did not previously consider tracking calls for non-qualifying events. However, we are now tracking the information on our end and we’re more than happy to provide updates on those figures as needed … .”\u003c/p>\n\u003cp>Under the new law, whenever a police department or sheriff’s office thinks one of their officers has shot someone who could be considered unarmed — including those carrying Airsoft rifles or other weapons not considered deadly — they’re compelled by law to report it for review.\u003c/p>\n\u003cp>The law says: “A state prosecutor shall investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian. The Attorney General is the state prosecutor unless otherwise specified or named.”\u003c/p>\n\u003cp>But sometimes a lot hinges on the definition of “unarmed.” The Justice Department may opt not to investigate a case if it determines the person killed was, in fact, armed in some way. For example, if the slain person was in a car, the deputy attorney general making the call might determine that the person was using the car in a manner that constituted potential deadly force.\u003c/p>\n\u003cp>In any event, when the Justice Department doesn’t take a case, it also hasn’t been publishing an explanation as to why.\u003c/p>\n\u003cp>The review process for the shooting of unarmed people is public record, and the Justice Department has maintained \u003ca href=\"https://oag.ca.gov/ois-incidents/current-cases\">a page recording the names and locations of the people shot and the officers suspected of shooting them\u003c/a>.\u003c/p>\n\u003cp>Failing to report the original calls from law enforcement agencies — whether the person they shot was unarmed or not — makes analyzing the decision-making by the Justice Department more difficult. This was, after all, a law enacted in the wake of the George Floyd shooting to create a layer of state oversight.\u003c/p>\n\u003cp>For instance, there were 31 open investigations into the shootings of unarmed people as of Wednesday, but it’s impossible to know what percentage that represents of the total number of calls the department has received. They have logged at least 66 total calls since July 1, 2021.\u003c/p>\n\u003cp>The legislation creating the program to investigate deadly police shootings does not explicitly mandate how the Justice Department will maintain records. The Justice Department told CalMatters that the program’s operations are up to them.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11931901","hero":"https://ww2.kqed.org/app/uploads/sites/10/2022/11/GettyImages-1370341717-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Oh, it’s absolutely troubling, but I’m just a lawyer, I’m not the family who lost a loved one,” said Izaak Schwaiger, an attorney representing the family of David Pelaez Chavez in \u003ca href=\"https://dockets.justia.com/docket/california/candce/4:2022cv06715/403001\">a federal lawsuit against the Sonoma County Sheriff’s Office\u003c/a> and the deputy who shot him. “And for those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it’s a misapplication of the attorney general’s duty under the law.”\u003c/p>\n\u003cp>In that case, even the Sonoma County district attorney has complained that the state Justice Department needed to be more transparent about its decision to not investigate.\u003c/p>\n\u003cp>The two authors of the original bill creating the program refused to comment on the way the Justice Department has been handling cases. One is Assemblymember Kevin McCarty, the Sacramento Democrat whose spokesperson said he would soon introduce legislation expanding the Justice Department’s mandate to investigate all deaths at the hands of law enforcement. The other is Attorney General Rob Bonta, a former legislator who now heads the Justice Department.\u003c/p>\n\u003cp>Other legislators heavily involved with policing also refused to comment. A spokesperson for Assemblymember Reggie Jones-Sawyer, a Los Angeles Democrat and chair of the Assembly Public Safety Committee, said he would issue a statement, then stopped returning calls and text messages.\u003c/p>\n\u003cp>No one, it seemed, wanted to talk. A number of the groups who were registered supporters of the original legislation creating the Justice Department program didn’t return calls or emails from CalMatters, or declined to comment. One person who wouldn’t be quoted by name said that the groups worried that publicizing each call from a law enforcement agency would make the agencies less likely to report their shootings in the future.\u003c/p>\n\u003cp>“There should be some record, a digital record, that a telephone call was made,” said David Loy, legal director of the First Amendment Coalition. “Incoming and outgoing calls, even if it’s only to record … the fact that a call was made should be [available]. I mean, my cellphone bill has a record. Every call that came in and out of my cellphone, that’s a record that exists. I can’t believe that the state doesn’t have a similar record.”\u003c/p>\n\u003ch2>Shot shoeless in a creek\u003c/h2>\n\u003cp>One of the calls the Justice Department chose not to investigate came from the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>At about 7:30 a.m. on July 29, 2022, Sonoma County dispatchers took a call about a man breaking a house’s window with a rock. Deputies found 36-year-old David Pelaez Chavez in a hilly area and tried to communicate with him in Spanish, according to \u003ca href=\"https://norcalpublicmedia.org/2022081580725/news-feed/sheriff-s-office-releases-body-cam-footage-audio-in-chavez-killing\">body camera footage\u003c/a> released by the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>The deputies did not tell Pelaez Chavez in Spanish to drop the hammer and tiller he was holding in one hand, and the rock he held in the other. As he bent over, standing shoeless in a creek, a deputy shot and killed him.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I think their earlier position upon the adoption of this law was that they’ll make it work, no matter what. The truth is, they haven't.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Izaak Schwaiger, attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In a September 7 letter to Bonta, Sonoma County District Attorney Jill Ravitch \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/09-07-2022-Letter-to-Attorney-General-re-OIS-.pdf\">questioned the lack of transparency (PDF)\u003c/a> after the state turned down a potential investigation, noting: “It would be helpful to have a written explanation of how the determination was made to decline participation in the investigation … .”\u003c/p>\n\u003cp>“I was concerned that the decision had been made without enough evidence and it was a little preliminary given the situation,” \u003ca href=\"https://www.pressdemocrat.com/article/news/district-attorney-ravitch-questions-attorney-generals-decision-not-to-inve/\">Ravitch told \u003cem>The Press Democrat\u003c/em> in Santa Rosa\u003c/a>.\u003c/p>\n\u003cp>CalMatters has found that the Justice Department has struggled to meet the goals set by the police shooting law — including the attorney general’s own pledge to complete investigations in one year. Internal emails indicate that \u003ca href=\"https://calmatters.org/justice/2022/07/california-police-accountability-laws/\">Justice Department employees were worried that the new workload would overwhelm them\u003c/a>. Department officials also have complained that \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2223/FY2223_ORG0820_BCP4943.pdf\">the Legislature slashed in half their original $26 million budget request (PDF)\u003c/a> to cover these investigations.\u003c/p>\n\u003cp>Police shootings are politically charged, and Schwaiger, the plaintiff’s attorney in the Sonoma County case, said the lack of funding means Bonta’s office has less time and fewer resources to investigate cases with little upside to the department: If you push for charges against police officers, you’ll enrage one set of constituents; if you fail to bring charges, you’ll upset a different set of voters.\u003c/p>\n\u003cp>“There’s no more labor-intensive investigation that can be done than the investigation of a police officer involved in some kind of a killing,” Schwaiger said. “And there might be something to the fact that they don’t have the manpower or the money to do it.\u003c/p>\n\u003cp>“I think their earlier position upon the adoption of this law was that they’ll make it work, no matter what. The truth is, they haven’t.”\u003c/p>\n\u003cp>Investigations into police shootings of unarmed people throughout California begin when the law enforcement agency itself calls in the shooting to a Los Angeles-based 24-hour call center — these are the calls that the Justice Department has just started tracking.\u003c/p>\n\u003cp>The call center contacts an agent at the Department of Justice, who then confers with department attorneys on whether the incident could qualify as a fatal shooting of an unarmed person.\u003c/p>\n\u003cp>If the Justice Department agent finds there is enough cause, the department will send a deputy attorney general to the scene of the shooting. This had happened 49 times as of Jan. 16. After processing the scene, Justice Department attorneys then decide whether to take up the case.\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>\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11939340/state-justice-department-fails-to-probe-or-even-log-multiple-police-shootings-of-possibly-unarmed-people","authors":["byline_news_11939340"],"categories":["news_6188","news_8"],"tags":["news_3014","news_31984","news_2240","news_4379"],"affiliates":["news_18481"],"featImg":"news_11939403","label":"news_18481"},"news_11926200":{"type":"posts","id":"news_11926200","meta":{"index":"posts_1591205157","site":"news","id":"11926200","score":null,"sort":[1663617640000]},"guestAuthors":[],"slug":"the-doors-been-shut-aunt-of-man-killed-by-sfpd-says-first-meeting-with-da-jenkins-hints-at-lighter-touch-to-prosecuting-police","title":"'The Door's Been Shut': Aunt of Man Killed by SFPD Says First Meeting With DA Jenkins Hints at Lighter Touch to Prosecuting Police","publishDate":1663617640,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">The aunt of a man fatally shot by a rookie San Francisco Police Department officer had her first meeting with new District Attorney Brooke Jenkins on August 24 about the ongoing criminal case against that officer. It may be the public’s earliest glimpse into how a tough-on-crime DA will approach police prosecutions.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That first peek may show a higher bar for police prosecutions than with her predecessor, former DA Chesa Boudin, who was recalled in June. \u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"April Green, aunt of Keita O'Neil\"]'We're talking about .39 seconds from the time my nephew took his foot off the pedal and left it running when he was shot.'[/pullquote]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The meeting left April Green with little hope that Jenkins would pursue a case against Christopher Samayoa, the officer who killed her nephew, Keita O’Neil. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I already feel that the door’s been shut,” Green told KQED in a September interview, two weeks after that meeting.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The manner of her nephew’s death still haunts Green, who is worried that her elderly sister and O’Neil’s mother, Judy O’Neil, will die because of her poor health before the family sees justice. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’re talking about .39 seconds from the time my nephew took his foot off the pedal and left it running when he was shot,” she said. \u003c/span>[aside postID=\"news_11919634,news_11919770\" label=\"Related Posts\"]\u003cspan style=\"font-weight: 400\">On Dec. 1, 2017, O’Neil, \u003ca href=\"https://www.kqed.org/news/11848521/in-first-for-sf-district-attorney-chesa-boudin-charges-former-police-officer-with-homicide\">suspected of carjacking a California Lottery van\u003c/a> in Potrero Hill,\u003c/span>\u003cspan style=\"font-weight: 400\"> led San Francisco police on a car chase that ultimately ended in the Alice Griffith housing development in the Bayview. Police cars closed in and blocked O’Neil into the housing projects. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As O’Neil ran past the police car where Officer Samayoa sat, Samayoa fired his gun through the passenger-side window, killing O’Neil. O’Neil, 42, was unarmed. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Prior to Green’s meeting, Jenkins had moved to continue a hearing in that case, and in at least one other criminal proceeding, against a law enforcement officer named Kenneth Cha. The cases were essentially delayed until after her election, with the argument that \u003ca href=\"https://missionlocal.org/2022/09/brooke-jenkins-police-prosecution/\">the cases against law enforcement officers needed review\u003c/a>\u003c/span>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Green said she did not feel reassured by Jenkins in their meeting that the case against Samayoa would move forward after November.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Jenkins said she wanted me to trust her,” Green said. “She wanted this door to be open for there to be some kind of trust. But how do I feel trust if they hadn’t even followed through with their promise? The case hasn’t been moved.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Jenkins was appointed by Mayor London Breed. She’s running to keep the seat against candidates John Hamasaki and Joe Alioto Veronese in November’s election. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When asked during a KQED voter’s guide interview about her stance on the various ongoing cases against police officers the DA’s office is reviewing, Jenkins declined to comment on specifics, and said that doing so would be “inappropriate.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">However, generally, Jenkins said, “my bar is the law. And if somebody breaks the law, regardless of who they are or what their stature is in our society, then they should be prosecuted. So that is always the bar that we set.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Jenkins added, “Can we prove that somebody broke the law beyond a reasonable doubt, to a jury? And so if a cop violates the law in a manner that is brought to us, and that we feel we can prosecute beyond a reasonable doubt, then that’s what we will do.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">O’Neil’s family \u003c/span>\u003cspan style=\"font-weight: 400\">settled \u003ca href=\"https://www.courthousenews.com/san-francisco-to-pay-2-5-million-in-police-killing-of-unarmed-fleeing-man/\">a civil lawsuit against the city for $2.5 million\u003c/a>. But in 2020, Boudin announced a historic first in San Francisco that made headlines: homicide charges against a police officer. Samayoa was accused of voluntary manslaughter, involuntary manslaughter, assault by an executive officer, assault with a semi-automatic firearm and negligent discharge of a firearm. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Samayoa was arrested and arraigned in 2020. He was released under his own recognizance pending a hearing. But that proceeding was brought to a halt in mid-August, when Jenkins \u003c/span>\u003ca href=\"https://missionlocal.org/2022/08/jenkins-removed-prosecutor-police-misconduct-homicide-trial/\">\u003cspan style=\"font-weight: 400\">reportedly removed Assistant District Attorney James Conger\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> from the case. Jenkins then moved to continue it to a later date. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Green later defended Boudin publicly against his recall, \u003c/span>\u003ca href=\"https://sfbayview.com/2022/03/our-race-depends-on-it-stop-the-recall-of-san-francisco-da-chesa-boudin/\">\u003cspan style=\"font-weight: 400\">arguing in The San Francisco Bay View newspaper \u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">that his recall might mean that Samayoa would “walk away a free man.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Veronese, who was once an SFPD patrol reserve officer himself and a former investigator in the DA’s office, said he believes Jenkins moving the cases until after the election is a dire sign of things to come. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Can I make a prediction? All of those cases go away after the election,” Veronese said. “She will support the police in a way that I think is unethical. I think she will not prosecute police officers that are bad cops.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Essentially, Veronese argued, the election may become a referendum on how police officers accused of misconduct face consequences, if at all. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Bad cops get prosecuted in my administration,” he said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In a statement, candidate Hamasaki said, “If police are allowed to break the law, how can they be trusted to enforce it? I plan on pursuing police misconduct and violence cases with the full authority of the District Attorney’s Office.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Green’s attorney, Neil Hallinan, said delaying the cases was a reason to worry. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’re hoping that Brooke Jenkins does prove us wrong, and we’re hoping that we have a good relationship and find her totally trustworthy by the time this whole saga is over,” said Hallinan, who attended Green’s meeting with Jenkins.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Jenkins was flanked by the new assistant district attorney in charge of the case against Samayoa, Darby Williams. Green said one statement from Williams particularly troubled her: that to pursue the case, they need to be able to prove it “beyond a reasonable doubt, and then some,” Green recalled Williams saying. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The DA’s office would not confirm Green’s recollections of what Williams said. But Hallinan, who said he took notes during the interview, verified the use of the phrase. Green also produced a screenshot of her attorney specifically explaining that phrase to her, sent the day of the meeting. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It is well-known in criminal legal circles that \u003c/span>\u003ca href=\"https://www.npr.org/2021/01/25/956177021/fatal-police-shootings-of-unarmed-black-people-reveal-troubling-patterns\">\u003cspan style=\"font-weight: 400\">juries often sympathize with police\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, making convicting officers of murder or manslaughter a notoriously tall order. Yet John Crew, a retired ACLU attorney and former director of the ACLU's Police Practices Project, said that Williams’ alleged phrasing was troubling. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The legal standard for all criminal cases is you need to prove it with evidence that is beyond a reasonable doubt,” Crew said. “There’s not a separate standard for police officers.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hallinan said Green comes “from a community where there’s a firm belief that police officers don’t get prosecuted for crimes against members of the community.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“In that context, they should know who they’re talking to,” he continued. “Why would they want to convey that message in the first place?”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In a statement, DA’s office spokesperson Randy Quezada said at the time of charging that the prosecution is required to be able to prove a criminal charge by proof beyond a reasonable doubt. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In assault-based cases, however, “the prosecution has an additional burden: to be able to disprove the anticipated claims of self-defense (or defense of others) by proof beyond a reasonable doubt. This is particularly true in police officer cases where the claim is the charge of murder or manslaughter, and the question exists as to whether or not the shooting/killing/use of force was lawful.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The DA’s office, he said, “does this all the time.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Other elements of the meeting and how it was subsequently handled also troubled Green. She said she persistently asked, “What’s the next step?” According to Green, she was told that a review was necessary. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Green said Boudin would text updates, calming her mind about how the case was going. But she said she hasn’t heard from Jenkins since the meeting, and the DA’s office hasn’t contacted Hallinan.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I feel like I’m on the outside looking in, and I’ve just been disconnected,” Green said. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The aunt of a man fatally shot by a rookie SFPD officer had her first meeting with new District Attorney Brooke Jenkins on August 24 about the ongoing criminal case against that officer. It may be an early glimpse into how a tough-on-crime DA will approach police prosecutions.","status":"publish","parent":0,"modified":1665014460,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":38,"wordCount":1496},"headData":{"title":"'The Door's Been Shut': Aunt of Man Killed by SFPD Says First Meeting With DA Jenkins Hints at Lighter Touch to Prosecuting Police | KQED","description":"The aunt of a man fatally shot by a rookie SFPD officer had her first meeting with new District Attorney Brooke Jenkins on August 24 about the ongoing criminal case against that officer. It may be an early glimpse into how a tough-on-crime DA will approach police prosecutions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'The Door's Been Shut': Aunt of Man Killed by SFPD Says First Meeting With DA Jenkins Hints at Lighter Touch to Prosecuting Police","datePublished":"2022-09-19T20:00:40.000Z","dateModified":"2022-10-06T00:01:00.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11926200 https://ww2.kqed.org/news/?p=11926200","disqusUrl":"https://ww2.kqed.org/news/2022/09/19/the-doors-been-shut-aunt-of-man-killed-by-sfpd-says-first-meeting-with-da-jenkins-hints-at-lighter-touch-to-prosecuting-police/","disqusTitle":"'The Door's Been Shut': Aunt of Man Killed by SFPD Says First Meeting With DA Jenkins Hints at Lighter Touch to Prosecuting Police","excludeFromSiteSearch":"Include","path":"/news/11926200/the-doors-been-shut-aunt-of-man-killed-by-sfpd-says-first-meeting-with-da-jenkins-hints-at-lighter-touch-to-prosecuting-police","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">The aunt of a man fatally shot by a rookie San Francisco Police Department officer had her first meeting with new District Attorney Brooke Jenkins on August 24 about the ongoing criminal case against that officer. It may be the public’s earliest glimpse into how a tough-on-crime DA will approach police prosecutions.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That first peek may show a higher bar for police prosecutions than with her predecessor, former DA Chesa Boudin, who was recalled in June. \u003c/span>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We're talking about .39 seconds from the time my nephew took his foot off the pedal and left it running when he was shot.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"April Green, aunt of Keita O'Neil","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The meeting left April Green with little hope that Jenkins would pursue a case against Christopher Samayoa, the officer who killed her nephew, Keita O’Neil. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I already feel that the door’s been shut,” Green told KQED in a September interview, two weeks after that meeting.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The manner of her nephew’s death still haunts Green, who is worried that her elderly sister and O’Neil’s mother, Judy O’Neil, will die because of her poor health before the family sees justice. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’re talking about .39 seconds from the time my nephew took his foot off the pedal and left it running when he was shot,” she said. \u003c/span>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11919634,news_11919770","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">On Dec. 1, 2017, O’Neil, \u003ca href=\"https://www.kqed.org/news/11848521/in-first-for-sf-district-attorney-chesa-boudin-charges-former-police-officer-with-homicide\">suspected of carjacking a California Lottery van\u003c/a> in Potrero Hill,\u003c/span>\u003cspan style=\"font-weight: 400\"> led San Francisco police on a car chase that ultimately ended in the Alice Griffith housing development in the Bayview. Police cars closed in and blocked O’Neil into the housing projects. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As O’Neil ran past the police car where Officer Samayoa sat, Samayoa fired his gun through the passenger-side window, killing O’Neil. O’Neil, 42, was unarmed. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Prior to Green’s meeting, Jenkins had moved to continue a hearing in that case, and in at least one other criminal proceeding, against a law enforcement officer named Kenneth Cha. The cases were essentially delayed until after her election, with the argument that \u003ca href=\"https://missionlocal.org/2022/09/brooke-jenkins-police-prosecution/\">the cases against law enforcement officers needed review\u003c/a>\u003c/span>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Green said she did not feel reassured by Jenkins in their meeting that the case against Samayoa would move forward after November.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Jenkins said she wanted me to trust her,” Green said. “She wanted this door to be open for there to be some kind of trust. But how do I feel trust if they hadn’t even followed through with their promise? The case hasn’t been moved.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Jenkins was appointed by Mayor London Breed. She’s running to keep the seat against candidates John Hamasaki and Joe Alioto Veronese in November’s election. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When asked during a KQED voter’s guide interview about her stance on the various ongoing cases against police officers the DA’s office is reviewing, Jenkins declined to comment on specifics, and said that doing so would be “inappropriate.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">However, generally, Jenkins said, “my bar is the law. And if somebody breaks the law, regardless of who they are or what their stature is in our society, then they should be prosecuted. So that is always the bar that we set.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Jenkins added, “Can we prove that somebody broke the law beyond a reasonable doubt, to a jury? And so if a cop violates the law in a manner that is brought to us, and that we feel we can prosecute beyond a reasonable doubt, then that’s what we will do.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">O’Neil’s family \u003c/span>\u003cspan style=\"font-weight: 400\">settled \u003ca href=\"https://www.courthousenews.com/san-francisco-to-pay-2-5-million-in-police-killing-of-unarmed-fleeing-man/\">a civil lawsuit against the city for $2.5 million\u003c/a>. But in 2020, Boudin announced a historic first in San Francisco that made headlines: homicide charges against a police officer. Samayoa was accused of voluntary manslaughter, involuntary manslaughter, assault by an executive officer, assault with a semi-automatic firearm and negligent discharge of a firearm. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Samayoa was arrested and arraigned in 2020. He was released under his own recognizance pending a hearing. But that proceeding was brought to a halt in mid-August, when Jenkins \u003c/span>\u003ca href=\"https://missionlocal.org/2022/08/jenkins-removed-prosecutor-police-misconduct-homicide-trial/\">\u003cspan style=\"font-weight: 400\">reportedly removed Assistant District Attorney James Conger\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> from the case. Jenkins then moved to continue it to a later date. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Green later defended Boudin publicly against his recall, \u003c/span>\u003ca href=\"https://sfbayview.com/2022/03/our-race-depends-on-it-stop-the-recall-of-san-francisco-da-chesa-boudin/\">\u003cspan style=\"font-weight: 400\">arguing in The San Francisco Bay View newspaper \u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">that his recall might mean that Samayoa would “walk away a free man.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Veronese, who was once an SFPD patrol reserve officer himself and a former investigator in the DA’s office, said he believes Jenkins moving the cases until after the election is a dire sign of things to come. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Can I make a prediction? All of those cases go away after the election,” Veronese said. “She will support the police in a way that I think is unethical. I think she will not prosecute police officers that are bad cops.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Essentially, Veronese argued, the election may become a referendum on how police officers accused of misconduct face consequences, if at all. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Bad cops get prosecuted in my administration,” he said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In a statement, candidate Hamasaki said, “If police are allowed to break the law, how can they be trusted to enforce it? I plan on pursuing police misconduct and violence cases with the full authority of the District Attorney’s Office.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Green’s attorney, Neil Hallinan, said delaying the cases was a reason to worry. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’re hoping that Brooke Jenkins does prove us wrong, and we’re hoping that we have a good relationship and find her totally trustworthy by the time this whole saga is over,” said Hallinan, who attended Green’s meeting with Jenkins.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Jenkins was flanked by the new assistant district attorney in charge of the case against Samayoa, Darby Williams. Green said one statement from Williams particularly troubled her: that to pursue the case, they need to be able to prove it “beyond a reasonable doubt, and then some,” Green recalled Williams saying. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The DA’s office would not confirm Green’s recollections of what Williams said. But Hallinan, who said he took notes during the interview, verified the use of the phrase. Green also produced a screenshot of her attorney specifically explaining that phrase to her, sent the day of the meeting. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It is well-known in criminal legal circles that \u003c/span>\u003ca href=\"https://www.npr.org/2021/01/25/956177021/fatal-police-shootings-of-unarmed-black-people-reveal-troubling-patterns\">\u003cspan style=\"font-weight: 400\">juries often sympathize with police\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, making convicting officers of murder or manslaughter a notoriously tall order. Yet John Crew, a retired ACLU attorney and former director of the ACLU's Police Practices Project, said that Williams’ alleged phrasing was troubling. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The legal standard for all criminal cases is you need to prove it with evidence that is beyond a reasonable doubt,” Crew said. “There’s not a separate standard for police officers.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hallinan said Green comes “from a community where there’s a firm belief that police officers don’t get prosecuted for crimes against members of the community.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“In that context, they should know who they’re talking to,” he continued. “Why would they want to convey that message in the first place?”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In a statement, DA’s office spokesperson Randy Quezada said at the time of charging that the prosecution is required to be able to prove a criminal charge by proof beyond a reasonable doubt. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In assault-based cases, however, “the prosecution has an additional burden: to be able to disprove the anticipated claims of self-defense (or defense of others) by proof beyond a reasonable doubt. This is particularly true in police officer cases where the claim is the charge of murder or manslaughter, and the question exists as to whether or not the shooting/killing/use of force was lawful.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The DA’s office, he said, “does this all the time.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Other elements of the meeting and how it was subsequently handled also troubled Green. She said she persistently asked, “What’s the next step?” According to Green, she was told that a review was necessary. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Green said Boudin would text updates, calming her mind about how the case was going. But she said she hasn’t heard from Jenkins since the meeting, and the DA’s office hasn’t contacted Hallinan.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I feel like I’m on the outside looking in, and I’ve just been disconnected,” Green said. \u003c/span>\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>\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11926200/the-doors-been-shut-aunt-of-man-killed-by-sfpd-says-first-meeting-with-da-jenkins-hints-at-lighter-touch-to-prosecuting-police","authors":["11690"],"categories":["news_8"],"tags":["news_31298","news_31765","news_6104","news_4379","news_17968"],"featImg":"news_11926202","label":"news"},"news_11919385":{"type":"posts","id":"news_11919385","meta":{"index":"posts_1591205157","site":"news","id":"11919385","score":null,"sort":[1657713632000]},"guestAuthors":[],"slug":"in-vallejo-investigations-of-police-take-so-long-officers-kill-again-before-reviews-are-done","title":"In Vallejo, Investigations of Police Take So Long, Officers Kill Again Before Reviews Are Done","publishDate":1657713632,"format":"standard","headTitle":"In Vallejo, Investigations of Police Take So Long, Officers Kill Again Before Reviews Are Done | KQED","labelTerm":{},"content":"\u003cp>\u003cem>This article was produced for ProPublica’s Local Reporting Network in partnership with \u003ca href=\"https://openvallejo.org/\">Open Vallejo\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Around dinner time on Feb. 13, 2018, Ronell Foster was riding his bike on a wide road that runs through the historic downtown of Vallejo, California. The 33-year-old did not own a car, and cycled nearly everywhere he went around his hometown, often flanked by his teenage son and 5-year-old daughter.\u003c/p>\n\u003cp>But that night, Foster was riding alone, swerving in and out of traffic lanes without a bike light, and caught the attention of officer Ryan McMahon, who pursued Foster in his car. Foster hit the brakes, and McMahon ordered him to “come over and sit in front of my car,” according to the officer’s deposition in a civil rights lawsuit filed by Foster’s family.\u003c/p>\n\u003cp>“Stop messing with me,” Foster responded before taking off on his bike in the opposite direction, McMahon recalled in his deposition testimony. The officer got back in his car and chased him down.\u003c/p>\n\u003cp>Foster soon fell from his bike and ran away. When McMahon continued the chase on foot, Vallejo policy required him to notify the department by radio. But that’s not what he did. Instead, he left his patrol car and followed Foster toward a dark walkway between two houses.[pullquote size=\"medium\" align=\"right\" citation=\"Louis Dekmar, police chief, LaGrange, Georgia, and former civil rights police monitor, US Department of Justice\"]‘This isn’t accepted practice. This isn’t even basement standard practice. Any agency that takes that long is saying that this isn’t a priority.’[/pullquote]\u003c/p>\n\u003cp>As they ran, McMahon tased the African American man in the back without a warning, although officers are required to give one unless it puts them in danger. The officer later said he did so in part because he saw Foster grabbing his pants, causing him to think Foster had a firearm. Foster, who was unarmed, kept running but fell. As he tried to get up, McMahon pushed him, causing Foster to fall down a small flight of cement stairs, the officer testified in the lawsuit. McMahon then straddled his back.\u003c/p>\n\u003cp>Body camera footage shows Foster lying on the pavement without fighting back when McMahon, standing next to him, fired his Taser once more. Then the officer struck Foster in the head and body with a 13-inch metal flashlight, Foster’s family alleged in court records. As McMahon swung to hit again, Foster caught the flashlight and tried to get up.\u003c/p>\n\u003cp>While some facts of the case are disputed, what happened next is not: McMahon shot Foster seven times. Autopsy records show he hit Foster once in the head, four times in the back and twice on the left side of his body, killing him.\u003c/p>\n\u003cp>“It’s all good,” McMahon said as backup arrived minutes later. “He’s down. He’s down.”\u003c/p>\n\u003cfigure id=\"attachment_11919407\" class=\"wp-caption aligncenter\" style=\"max-width: 678px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919407 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man smiling and wearing a beanie and hoodie.\" width=\"678\" height=\"970\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png 678w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM-160x229.png 160w\" sizes=\"(max-width: 678px) 100vw, 678px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ronell Foster \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A diverse waterfront city of 125,000 located in the San Francisco Bay Area, Vallejo has garnered \u003ca href=\"https://www.nytimes.com/2019/02/21/us/willie-mccoy-police-shooting.html\">national attention\u003c/a> in recent years for its \u003ca href=\"https://www.newyorker.com/magazine/2020/11/23/how-a-deadly-police-force-ruled-a-city\">rate of police killings\u003c/a>, which far outpaces those of all but two California cities, San Bernardino and South Gate, according to \u003ca href=\"https://www.nbcbayarea.com/news/local/vallejo-police-highest-rate-of-residents-shot-per-capita-in-northern-california-nbc-bay-area-probes-causes/190344/\">a 2019 NBC Bay Area report\u003c/a>. Eight families of people killed by police over the last decade have filed civil suits against Vallejo, which has paid out more than $8.3 million in settlements so far, with three cases ongoing. (The single largest settlement, $5.7 million, went to the Foster family.) In July 2020, Open Vallejo exposed a tradition in which \u003ca href=\"https://openvallejo.org/2020/07/28/vallejo-police-bend-badge-tips-to-mark-fatal-shootings/\">officers bent their badges to mark their fatal shootings\u003c/a>.\u003c/p>\n\u003cp>Now, Open Vallejo and ProPublica have looked at what happens inside the department after those killings occur, examining more than 15,000 pages of police, forensic and court files related to the city’s 17 fatal police shootings since 2011. Based on records that emerged after dozens of public records requests and two lawsuits filed by Open Vallejo, the news organizations found a pattern of delayed and incomplete investigations, with dire consequences.[aside label=\"Related Posts\" link1=\"https://www.kqed.org/vallejopolicing, The Fight Against Policing in Vallejo\"]In the Foster case, when top department leadership ultimately reviewed reports and evidence more than a year and a half after Foster was killed, it found McMahon had violated department policies — both by pursuing Foster on foot without notifying the department and without backup and by failing to turn on his body camera before using deadly force. (While McMahon only turned on his body camera after he fired, the camera is designed to automatically capture 30 seconds of preactivation footage.)\u003c/p>\n\u003cp>“Officer McMahon failed to recognize his safety and the safety of the suspect Ronnell Foster outweighed apprehension for a minor traffic/pedestrian violation,” then-police chief Joseph Allio wrote in a memorandum. Allio ordered that McMahon “attend a 1 to 3-day course on officer safety and tactics focusing on critical incidents.”\u003c/p>\n\u003cp>But by the time that training was ordered, the officer had been involved in the killing of another African American man.\u003c/p>\n\u003cp>According to our first-of-its-kind review of Vallejo’s investigations of police killings, six of the department’s 17 fatal shootings between 2011 and 2020 involved an officer using deadly force while still under investigation for a prior killing. In three of those cases, including McMahon’s, department officials noted officers’ initial mistakes in their reports, but not until after their second killing. In all three, the investigation into the second killing also revealed significant tactical errors, like not considering the use of nonlethal weapons. In one case, officials identified the same mistake in two killings involving the same officer.\u003c/p>\n\u003ch2>Investigations into police killings were ongoing when the same officers used deadly force again\u003c/h2>\n\u003cp>Vallejo’s reviews of police killings have dragged on for years. Six times since 2011, the incident was still under review when the same officer was involved in another fatal encounter.\u003c/p>\n\u003cfigure id=\"attachment_11919408\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11919408\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-800x598.png\" alt=\"A graph.\" width=\"800\" height=\"598\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-800x598.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1020x762.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-160x120.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1536x1148.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1920x1435.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop.png 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Note: The Vallejo Police Department was unable to produce a final administrative report for the killings of Sherman Peacock and Peter Mestler. The end date for the investigations into those two killings reflects the district attorney’s final review of each case. All officers either declined to comment or did not respond to requests for comment for this story. \u003ccite>(Lucas Waldron/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The news organizations also found that the department consistently failed to properly complete essential investigative tasks and took more than a year on average to close its administrative investigations of fatal shootings — methods that experts say are at odds with best practices promoted by the U.S. Department of Justice and used by police agencies around the country.\u003c/p>\n\u003cp>“This isn’t accepted practice. This isn’t even basement standard practice,” said Louis Dekmar, the police chief in LaGrange, Georgia, since 1995, and a former civil rights police monitor for the U.S. Department of Justice. “Any agency that takes that long is saying that this isn’t a priority.”\u003c/p>\n\u003cp>Officials in the Foster case mishandled a crucial piece of evidence, police records show, then took months to request that the crime lab analyze it for fingerprints. Nineteen months passed between the killing and the submission of investigative findings to the police chief. Only then was the chief able to fully assess the case and consider discipline for that shooting. McMahon later testified that he feared for his life and that Foster, holding the flashlight, faced him “in a boxer type stance.” But body camera footage does not support the officer’s claim that Foster was facing him, and an expert for Foster’s family who reviewed enhanced footage and other forensic evidence concluded that Foster had immediately turned away. McMahon remained on the job, and was later fired over his involvement in the killing of another man, during which, a department investigation found, he endangered a fellow officer by shooting from behind him. He did not respond to requests for comment for this story.\u003c/p>\n\u003cp>In a March phone call, Shawny Williams, Vallejo’s police chief since November 2019, agreed to an interview but declined to schedule it; after we shared our findings with the department in writing, he provided a statement that pointed to recent administrative changes, like implementing a yearly crisis intervention training and requiring officers to use deescalation tactics when possible before engaging with a suspect. Williams also noted proposed reforms to how the department investigates its fatal shootings — some of which mirror recommendations first made to the department by a law enforcement consultant two years ago. Among them: a deadline for officials to produce their findings once all the evidence has been gathered.\u003c/p>\n\u003cp>Williams declined to answer questions about any specific cases.\u003c/p>\n\u003cp>“While I cannot comment on critical incidents which occurred prior to my arrival, or on ongoing matters, I can confirm that overall, the VPD continues the process of implementing police reforms,” the chief wrote. “All the above changes are designed to create enhanced internal accountability and will provide a more transparent process for our department and the community.”\u003c/p>\n\u003ch2>‘A remarkable amount of incompetence’\u003c/h2>\n\u003cp>While there is no universal timeline for internal investigations, guidelines developed for the Department of Justice by a group of local police officials say departments should, at minimum, complete their probes before any statute of limitations on officer discipline expires (one year, in California, with some exceptions). \u003ca href=\"https://cops.usdoj.gov/ric/Publications/cops-p164-pub.pdf\">“It is preferable,” the group wrote, “to conclude investigations within 180 days.”\u003c/a>\u003c/p>\n\u003cp>But in some of the DOJ’s own reviews of police departments across the country, it has pushed for even shorter deadlines when it comes to investigating an officer’s use of force, including fatal shootings.\u003c/p>\n\u003cp>In 2012, for example, the Justice Department mandated that the East Haven Police Department in Connecticut complete deadly force investigations within 60 days and forward a report to the chief, who has 45 days to complete the review. And in 2014, the DOJ required a similar deadline in Albuquerque for reviews of serious uses of force.\u003c/p>\n\u003cp>But in Vallejo, Open Vallejo and ProPublica found that the police department has taken an average of 20 months to review fatal shootings, from the time of a police killing to the date a chief signed off on the investigation.\u003c/p>\n\u003cp>A number of mistakes drove delays in Vallejo and undermined the integrity of investigations. One core problem: Some witnesses to killings reported long delays before officers took their statements.\u003c/p>\n\u003cp>That’s what happened in 2012, after Jaime Alvarado and his wife, Rocio Alvarado, said \u003ca href=\"https://www.buzzfeed.com/albertsamaha/three-shootings-in-vallejo\">they witnessed Vallejo police shoot their neighbor Jeremiah Moore\u003c/a>, a young man whose mother said he was on the autism spectrum.\u003c/p>\n\u003cp>Police had responded to 911 calls about loud noises coming from Moore’s home, including the sound of glass breaking. Although officers and an intoxicated witness later claimed Moore had been armed with a .22-caliber rifle, Jaime Alvarado said Moore was naked and unarmed, with his hands up and shaking from fright, when he was shot and killed by Vallejo officer Sean Kenney. (A forensic analysis could not find Moore’s fingerprints on the rifle, which was recovered in his home, while a later one found small traces of his blood on it.)\u003c/p>\n\u003cfigure id=\"attachment_11919410\" class=\"wp-caption aligncenter\" style=\"max-width: 666px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919410 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png\" alt=\"A black-and-white watercolor illustration of a white man smiling broadly as if laughing, with a goatee, beard, baseball cap, and baggy T-shirt.\" width=\"666\" height=\"954\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png 666w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM-160x229.png 160w\" sizes=\"(max-width: 666px) 100vw, 666px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Alvarado said he tried to approach a Vallejo officer a few hours after he saw the killing through his second-floor window, but was told that “we don’t have time to talk” and to “get inside the house.” No one from the department tried to contact him after that, he said.\u003c/p>\n\u003cp>“They would not pay attention to me,” Alvarado told Open Vallejo and ProPublica.\u003c/p>\n\u003cp>According to Alvarado, detectives didn’t take his statement until several months later, after an attorney hired by Moore’s family to sue the city facilitated the interview. Yet there is no record of that interview in Vallejo’s case file, and the department ultimately cleared the officer in the killing. Neither the Moore family attorney nor the police department responded to questions about Alvarado’s account. The Moore family’s lawsuit was settled in 2016 for $250,000.\u003c/p>\n\u003cp>It was one of three investigations among the 17 killings in which Vallejo detectives interviewed one or more eyewitnesses months later or did not interview them at all, despite a county policy that states department officials are responsible for “immediately” securing crime scenes, including identifying and sequestering witnesses in order to obtain their statements. In each of these cases, the witnesses’ accounts directly contradicted claims by police that the victims had been armed.\u003c/p>\n\u003cp>But it was not the only type of delay. In 11 of the 17 cases, investigators did not meet a 30-day goal set by the county to complete their reports. Detectives often took even longer to request analysis on important evidence, such as bullets fired by officers, fingerprinting, DNA samples and weapons allegedly carried by the victims. In six investigations, Vallejo sent requests for evidence testing to a crime lab half a year or more following the killings. In most of those cases, the delayed analyses appear to have hampered the investigations or led to cases being closed by investigators before some forensic reports could be included.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"aligncenter size-medium wp-image-11919415\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-800x964.png\" alt=\"A graph.\" width=\"800\" height=\"964\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-800x964.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-1020x1229.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-160x193.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile.png 1260w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>In Foster’s case, detectives didn’t seek fingerprint testing of the flashlight that McMahon claimed Foster used as a weapon until eight months after the killing. When they finally made a request, the lab could not find Foster’s fingerprints. Experts say \u003ca href=\"https://www.researchgate.net/publication/233901042_Determination_of_latent_fingerprint_degradation_patterns_-_A_real_fieldwork_study\">long delays can cause biological evidence to degrade\u003c/a>.\u003c/p>\n\u003cp>“The consequences of delayed resolutions of investigations are severe,” the Justice Department wrote in its \u003ca href=\"https://www.justice.gov/opa/file/925846/download\">investigation of the Chicago Police Department in 2017\u003c/a>, triggered after a white officer fatally shot Black teenager Laquan McDonald. “Memories fade, evidence is lost, and investigators may not be able to locate those crucial witnesses needed to determine whether misconduct has occurred.”\u003c/p>\n\u003cp>For years, the Solano County district attorney’s office based their decisions about whether to charge Vallejo police officers primarily on evidence gathered by Vallejo officials. This made some of the detectives’ missteps especially meaningful. For example, in three of the killings from 2012, prosecutors cleared officers before all the evidence in the case had been analyzed by forensic experts.\u003c/p>\n\u003cp>“Either there is a remarkable amount of incompetence or it’s malicious,” said Seth Stoughton, a professor at the University of South Carolina School of Law and former Florida police officer, about the Vallejo Police Department. “Neither should be acceptable.” Stoughton testified as a national police standards expert for the prosecution in the trial of former Minneapolis police officer Derek Chauvin, who was convicted of the murder of George Floyd.\u003c/p>\n\u003cp>Williams, the Vallejo police chief, declined to answer specific questions about the numerous delays.\u003c/p>\n\u003cp>Solano County’s current district attorney, Krishna Abrams, who took office shortly after the officer involved in the Moore shooting was cleared, also declined to comment on the findings of this investigation.\u003c/p>\n\u003cp>However, Abrams wrote in a statement that her office has continued to make it a priority to use best practices for investigating officer-involved fatal incidents. She pointed to rule changes from 2020 that require that future investigations of Vallejo killings involve criminal investigators from other departments in the county. She did not comment, however, on another rule change made that year that removed a 30-day target for detectives to complete their reports.\u003c/p>\n\u003ch2>While investigations drag, officers kill again\u003c/h2>\n\u003cp>As Vallejo’s investigations dragged on, sometimes for years, officers who had killed patrolled the city’s streets, their mistakes unaddressed. In three cases, department officials flagged officers’ actions only after they were involved in another killing, police records show.\u003c/p>\n\u003cp>Officer Sean Kenney killed Anton Barrett in May 2012. Kenney was still under investigation for that shooting when, on the morning of Sept. 2, 2012, he and his partner, Dustin Joseph, pulled up in front of the home of a man named Mario Romero. Romero, who identified as Black, Indigenous and Latino, was sitting in his parked Ford Thunderbird with his brother-in-law, police and court records show. The two white officers claimed that the young men seemed shocked to see them approaching and that Romero’s car was encroaching on the sidewalk, according to the officers’ depositions in a civil rights lawsuit filed by Romero’s family. Kenney also claimed that a similar vehicle had been involved in a shooting the prior month.\u003c/p>\n\u003cp>Within seconds and without exchanging a word, Kenney and Joseph exited their vehicle and started firing, according to Joseph’s deposition. Then, Kenney jumped on the hood of the Thunderbird, according to court and police records.\u003c/p>\n\u003cp>The officers fired 31 rounds in total, striking Romero, a father of one, 30 times in the face, neck, forearms, chest and left side of his body. His brother-in-law was hit once in the pelvis and survived. Officers pulled both men from the car after the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11919411\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919411 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man with longish hair smiling and looking up at the viewer, wearing a Black T-shirt.\" width=\"664\" height=\"948\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mario Romero \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Joseph told detectives that Romero had briefly gotten out of the car and grabbed the butt of a gun in his waistband, though officials never found a firearm. Kenney claimed he recovered a pellet gun wedged between the rear portion of the driver’s seat and the center console. Two weeks after the incident, the officers were sent back to patrol. While police experts said many departments don’t prohibit this, they also said that having officers with open deadly force investigations go out on patrol can be dangerous for officers and community members alike.\u003c/p>\n\u003cp>It would take detectives another eight weeks to interview Romero’s three sisters, eyewitnesses in the case who contradicted the officers’ accounts. They said they never saw Romero with a firearm and that their brother remained inside the car during the incident.\u003c/p>\n\u003cp>Before those interviews happened, though, Kenney had killed again.\u003c/p>\n\u003cp>On Oct. 21, 2012, the day after Romero’s funeral, Kenney fatally shot Jeremiah Moore, the young man whose neighbor Jamie Alvarado said was unarmed. It was Kenney’s third deadly incident that year.\u003c/p>\n\u003cp>The next year, on March 20, 2013, Joseph and two others were involved in the fatal shooting of 42-year-old William Heinze, who had barricaded himself in a house with a firearm during a mental health crisis. It was Joseph’s second deadly incident in just over six months.\u003c/p>\n\u003cfigure id=\"attachment_11919412\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919412 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png\" alt=\"A black-and-white watercolor illustration of a middle-aged white man smiling, with his lips closed so sort of tiredly, with a trim haircut and wearing a black T-shirt.\" width=\"664\" height=\"948\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">William Heinze \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2014, with investigations into those two killings pending, Joseph received a departmental Life-Saving Medal for a separate event and was promoted to corporal. Kenney, with three open deadly force investigations, was awarded the Medal of Valor for his role in the Moore shooting, according to Kenney’s deposition.\u003c/p>\n\u003cp>Roughly two years after the Romero shooting, the department’s Critical Incident Review Board finally issued findings in the administrative probe. The panel is supposed to evaluate whether officers’ use of force was justified.\u003c/p>\n\u003cp>In October 2014, it flagged the officers’ tactics during the incident. The board found that Kenney placed himself in a “tactically disadvantageous position with a potentially armed subject” when he jumped on the hood of Romero’s car, and noted officers could have waited at their car for backup, records show. Nevertheless, officials noted, “The board felt that the officers relied upon their past training to successfully endure this dangerous and rapidly evolving incident.”\u003c/p>\n\u003cp>It still recommended additional training, without specifying whether the training was intended for the two officers or the department as a whole. The board then failed to forward its own completed report to supervisors for nearly a year. During that time, the city settled the lawsuit for $2 million.\u003c/p>\n\u003cp>Yet another year would pass before then-Vallejo Police Chief Andrew Bidou assessed the case for disciplinary, training and policy considerations. Bidou approved the board’s findings, but he did not take further action in the case, the files show. By then, criminal accountability had been ruled out, too. The district attorney had declined to file charges three years earlier. His report noted that Vallejo investigators had interviewed Romero’s sisters long after the incident; the prosecutor suggested that the delay made their statements less credible than the officers’ accounts. He was also missing forensic analyses that would later show that the DNA and fingerprints taken from the pellet gun could not be matched to Romero.\u003c/p>\n\u003cp>“If that investigation had been run properly, Kenney would have been off the street and he wouldn’t have killed my son,” asserted Lisa Moore, the mother of Jeremiah Moore, Kenney’s third shooting victim, about Vallejo’s handling of the case. “Four years, that’s a long time to figure out, ‘Oh, we messed up. What did we do wrong so that this doesn’t happen again?’”\u003c/p>\n\u003cp>Kenney retired from the Vallejo Police Department in 2018, after the board cleared him in the Moore shooting. He declined to comment for this story. As for Joseph, the Vallejo board ultimately flagged officers’ tactics during his second deadly incident, and recommended training. Joseph, who did not respond to requests for comment, left Vallejo in 2019 to join the nearby Fairfield Police Department, where Fairfield officials said he is currently on leave.\u003c/p>\n\u003ch2>‘With this delay, there is no justice’\u003c/h2>\n\u003cp>The review board’s actions in the Romero case were not an anomaly.\u003c/p>\n\u003cp>Made up of two to six ranked officers from within the Vallejo PD, the Critical Incident Review Board reviews an investigation, identifies whether officers violated any policies and makes recommendations to the chief, according to the department’s policy manuals. Our analysis of the 17 cases found that those reviews were consistently delayed. In 11 cases, the panel sent its report up the chain of command more than one year after the incident. And in six of those cases, the board sat on its findings for months before forwarding them, delaying the review of the chief of police, who makes the final decision on discipline, according to the analysis by Open Vallejo and ProPublica. In two cases from 2011 and 2012, the department was unable to show that a final administrative review was completed.\u003c/p>\n\u003cp>The news organizations’ analysis found that the board often cleared officers even when it noted problems with how they had handled a shooting. In fact, the CIRB never determined that any officers had violated department policies, according to the department’s records. Often, it recommended training. But in at least a few of those cases, there is no evidence in training and investigative files that the involved officers completed it.\u003c/p>\n\u003cp>In two cases in which the chief considered potential discipline, he opened yet another investigation because the board’s probe was insufficient, creating additional delays. All these delays by both the CIRB and the chief matter in part because California law gives departments only one year to impose discipline once officials learn of an incident, though that timeline is paused during a criminal investigation. (That timeframe expired in one of the 17 killings that we reviewed.)\u003c/p>\n\u003cp>Experts said Vallejo’s approach is fundamentally flawed.\u003c/p>\n\u003cp>“That’s the whole purpose of having a disciplinary process in place: to assess quickly whether or not officers have engaged in misconduct and, if they’re a threat to the public, to get them removed from the department and off the streets,” said Judge LaDoris Hazzard Cordell, a former Superior Court judge for the County of Santa Clara. From 2010 to 2015, Cordell served as the independent police auditor for the city of San José, which created the office in 1993 following the beating of Rodney King by the Los Angeles Police Department.\u003c/p>\n\u003cp>“What is happening in Vallejo is quite the opposite: It’s just delay, delay. And with this delay, there is no justice,” Cordell said.\u003c/p>\n\u003cp>Over and over, the board seemed to miss opportunities to help the department fix practices that contributed to those killings. Despite delays, the CIRB did, in fact, note plenty of problems: officers who didn’t turn on their body cameras, failed to use less lethal options, mismanaged crime scenes or did not wait for backup. But, time and again, the board reports neither called out individual officers for problematic behavior nor recommended policy changes as a result of the failures they repeatedly identified.\u003c/p>\n\u003cp>The most common problem identified by the CIRB in its reviews of killings was that officers acted without sufficient “cover,” meaning they didn’t properly use structures like cars for protection when confronting civilians, amplifying the risk to themselves and others in already-dangerous situations. When officers don’t take cover, “they put themselves in jeopardy — they create jeopardy,” said Dekmar, the former civil rights police monitor for the U.S. Department of Justice. “That results in a use of force that may have been avoided.” Investigators noted cover issues in six of Vallejo’s 17 killings since 2011.\u003c/p>\n\u003cp>It first surfaced in the 2012 case of Marshall Tobin, a 43-year-old Black man who was sitting in his car sobbing over his phone when two officers, both under deadly force investigations for prior killings, approached him. Police had received a call about an armed man in a parking lot. After Tobin emerged from his car, officers tased him and then fired at least 11 rounds at him, killing him. The officers told investigators that after he was tased, Tobin had reached for a gun in his waistband. They did not respond to requests for comment for this story.\u003c/p>\n\u003cfigure id=\"attachment_11919413\" class=\"wp-caption aligncenter\" style=\"max-width: 670px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919413 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man with sort of long hair and facial stubble, wearing a light T-shirt and dark jacket. He is looking straight at the viewer, unsmiling, as if this image is taken from a driver's license photo.\" width=\"670\" height=\"954\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png 670w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM-160x228.png 160w\" sizes=\"(max-width: 670px) 100vw, 670px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marshall Tobin \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A year and a half later, the CIRB found in its review that the officers had approached Tobin on foot, “leaving the cover and concealment of the vehicles.” It recommended additional department training in how to use cover, but it did not officially flag the officers’ behavior or find that they had violated a policy. (Two months after that, one of those two officers, from inside his patrol car, shot at a Latino man fleeing a traffic stop — the officer’s third fatal incident in two years. The board approved of the shooting, and the chief cleared him.)\u003c/p>\n\u003cp>At some point after the Tobin killing, then-police chief Joseph Kreins, who reviewed seven fatal shootings between 2012 and 2014, did add a clause to the policy manual that “encouraged” officers on vehicle pursuits to “remember the importance of cover, concealment, and safe distance.” But in 2015, despite the board’s findings in the Romero and Tobin shootings, the next chief of police, Andrew Bidou, removed it. Neither Kreins nor Bidou responded to requests for comment.\u003c/p>\n\u003cp>The issue emerged again in 2017, when officers killed Jeffrey Barboa, a father of one who police said was wanted for an armed robbery. Following a high-speed pursuit that ended in a crash, Barboa had approached officers while holding a knife over his head. The officers, standing within 15 feet, did not step back, police records show. As Barboa slowly walked toward the officers, they fired approximately 50 rounds at him, hitting him at least 30 times in the chest, face, neck, arms and legs.\u003c/p>\n\u003cfigure id=\"attachment_11919414\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919414 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png\" alt=\"A black-and-white watercolor illustration of a middle-aged Latino man with dark hair, unsmiling, wearing a collared shirt and jacket.\" width=\"664\" height=\"946\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeffrey Barboa \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>More than 28 months after that shooting, in December 2019, the CIRB found in its report that had the officers taken cover or put more distance between themselves and Barboa, they would have created time to communicate with him and “deploy less-lethal alternatives.” “It is this positioning that likely caused the situation to speed up,” the board wrote.\u003c/p>\n\u003cp>Nevertheless, the review board responded as it usually did: It identified no policy violation or specific officer at fault and issued a list of training recommendations with no accompanying plan to implement them. There is no evidence in the department’s reports that Vallejo officials took further action in the case.\u003c/p>\n\u003cp>\u003cem>Reporting for this project was supported by a grant from the Fund for Investigative Journalism.\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.propublica.org/people/mariam-elba\">Mariam Elba\u003c/a> contributed research. Geoffrey King contributed reporting.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Vallejo's flawed handling of fatal police shootings allowed six officers to use deadly force again before their first cases were decided. Experts say the department's system needs oversight.","status":"publish","parent":0,"modified":1697474186,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":76,"wordCount":4811},"headData":{"title":"In Vallejo, Investigations of Police Take So Long, Officers Kill Again Before Reviews Are Done | KQED","description":"Vallejo's flawed handling of fatal police shootings allowed six officers to use deadly force again before their first cases were decided. Experts say the department's system needs oversight.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"In Vallejo, Investigations of Police Take So Long, Officers Kill Again Before Reviews Are Done","datePublished":"2022-07-13T12:00:32.000Z","dateModified":"2023-10-16T16:36:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"ProPublica","sourceUrl":"https://www.propublica.org","nprByline":"\u003ca href=\"https://openvallejo.org\">Laurence Du Sault, Open Vallejo\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11919385/in-vallejo-investigations-of-police-take-so-long-officers-kill-again-before-reviews-are-done","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This article was produced for ProPublica’s Local Reporting Network in partnership with \u003ca href=\"https://openvallejo.org/\">Open Vallejo\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Around dinner time on Feb. 13, 2018, Ronell Foster was riding his bike on a wide road that runs through the historic downtown of Vallejo, California. The 33-year-old did not own a car, and cycled nearly everywhere he went around his hometown, often flanked by his teenage son and 5-year-old daughter.\u003c/p>\n\u003cp>But that night, Foster was riding alone, swerving in and out of traffic lanes without a bike light, and caught the attention of officer Ryan McMahon, who pursued Foster in his car. Foster hit the brakes, and McMahon ordered him to “come over and sit in front of my car,” according to the officer’s deposition in a civil rights lawsuit filed by Foster’s family.\u003c/p>\n\u003cp>“Stop messing with me,” Foster responded before taking off on his bike in the opposite direction, McMahon recalled in his deposition testimony. The officer got back in his car and chased him down.\u003c/p>\n\u003cp>Foster soon fell from his bike and ran away. When McMahon continued the chase on foot, Vallejo policy required him to notify the department by radio. But that’s not what he did. Instead, he left his patrol car and followed Foster toward a dark walkway between two houses.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This isn’t accepted practice. This isn’t even basement standard practice. Any agency that takes that long is saying that this isn’t a priority.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Louis Dekmar, police chief, LaGrange, Georgia, and former civil rights police monitor, US Department of Justice","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As they ran, McMahon tased the African American man in the back without a warning, although officers are required to give one unless it puts them in danger. The officer later said he did so in part because he saw Foster grabbing his pants, causing him to think Foster had a firearm. Foster, who was unarmed, kept running but fell. As he tried to get up, McMahon pushed him, causing Foster to fall down a small flight of cement stairs, the officer testified in the lawsuit. McMahon then straddled his back.\u003c/p>\n\u003cp>Body camera footage shows Foster lying on the pavement without fighting back when McMahon, standing next to him, fired his Taser once more. Then the officer struck Foster in the head and body with a 13-inch metal flashlight, Foster’s family alleged in court records. As McMahon swung to hit again, Foster caught the flashlight and tried to get up.\u003c/p>\n\u003cp>While some facts of the case are disputed, what happened next is not: McMahon shot Foster seven times. Autopsy records show he hit Foster once in the head, four times in the back and twice on the left side of his body, killing him.\u003c/p>\n\u003cp>“It’s all good,” McMahon said as backup arrived minutes later. “He’s down. He’s down.”\u003c/p>\n\u003cfigure id=\"attachment_11919407\" class=\"wp-caption aligncenter\" style=\"max-width: 678px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919407 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man smiling and wearing a beanie and hoodie.\" width=\"678\" height=\"970\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM.png 678w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.10-PM-160x229.png 160w\" sizes=\"(max-width: 678px) 100vw, 678px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ronell Foster \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A diverse waterfront city of 125,000 located in the San Francisco Bay Area, Vallejo has garnered \u003ca href=\"https://www.nytimes.com/2019/02/21/us/willie-mccoy-police-shooting.html\">national attention\u003c/a> in recent years for its \u003ca href=\"https://www.newyorker.com/magazine/2020/11/23/how-a-deadly-police-force-ruled-a-city\">rate of police killings\u003c/a>, which far outpaces those of all but two California cities, San Bernardino and South Gate, according to \u003ca href=\"https://www.nbcbayarea.com/news/local/vallejo-police-highest-rate-of-residents-shot-per-capita-in-northern-california-nbc-bay-area-probes-causes/190344/\">a 2019 NBC Bay Area report\u003c/a>. Eight families of people killed by police over the last decade have filed civil suits against Vallejo, which has paid out more than $8.3 million in settlements so far, with three cases ongoing. (The single largest settlement, $5.7 million, went to the Foster family.) In July 2020, Open Vallejo exposed a tradition in which \u003ca href=\"https://openvallejo.org/2020/07/28/vallejo-police-bend-badge-tips-to-mark-fatal-shootings/\">officers bent their badges to mark their fatal shootings\u003c/a>.\u003c/p>\n\u003cp>Now, Open Vallejo and ProPublica have looked at what happens inside the department after those killings occur, examining more than 15,000 pages of police, forensic and court files related to the city’s 17 fatal police shootings since 2011. Based on records that emerged after dozens of public records requests and two lawsuits filed by Open Vallejo, the news organizations found a pattern of delayed and incomplete investigations, with dire consequences.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Posts ","link1":"https://www.kqed.org/vallejopolicing, The Fight Against Policing in Vallejo"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In the Foster case, when top department leadership ultimately reviewed reports and evidence more than a year and a half after Foster was killed, it found McMahon had violated department policies — both by pursuing Foster on foot without notifying the department and without backup and by failing to turn on his body camera before using deadly force. (While McMahon only turned on his body camera after he fired, the camera is designed to automatically capture 30 seconds of preactivation footage.)\u003c/p>\n\u003cp>“Officer McMahon failed to recognize his safety and the safety of the suspect Ronnell Foster outweighed apprehension for a minor traffic/pedestrian violation,” then-police chief Joseph Allio wrote in a memorandum. Allio ordered that McMahon “attend a 1 to 3-day course on officer safety and tactics focusing on critical incidents.”\u003c/p>\n\u003cp>But by the time that training was ordered, the officer had been involved in the killing of another African American man.\u003c/p>\n\u003cp>According to our first-of-its-kind review of Vallejo’s investigations of police killings, six of the department’s 17 fatal shootings between 2011 and 2020 involved an officer using deadly force while still under investigation for a prior killing. In three of those cases, including McMahon’s, department officials noted officers’ initial mistakes in their reports, but not until after their second killing. In all three, the investigation into the second killing also revealed significant tactical errors, like not considering the use of nonlethal weapons. In one case, officials identified the same mistake in two killings involving the same officer.\u003c/p>\n\u003ch2>Investigations into police killings were ongoing when the same officers used deadly force again\u003c/h2>\n\u003cp>Vallejo’s reviews of police killings have dragged on for years. Six times since 2011, the incident was still under review when the same officer was involved in another fatal encounter.\u003c/p>\n\u003cfigure id=\"attachment_11919408\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11919408\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-800x598.png\" alt=\"A graph.\" width=\"800\" height=\"598\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-800x598.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1020x762.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-160x120.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1536x1148.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop-1920x1435.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220627-openvallejo-desktop.png 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Note: The Vallejo Police Department was unable to produce a final administrative report for the killings of Sherman Peacock and Peter Mestler. The end date for the investigations into those two killings reflects the district attorney’s final review of each case. All officers either declined to comment or did not respond to requests for comment for this story. \u003ccite>(Lucas Waldron/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The news organizations also found that the department consistently failed to properly complete essential investigative tasks and took more than a year on average to close its administrative investigations of fatal shootings — methods that experts say are at odds with best practices promoted by the U.S. Department of Justice and used by police agencies around the country.\u003c/p>\n\u003cp>“This isn’t accepted practice. This isn’t even basement standard practice,” said Louis Dekmar, the police chief in LaGrange, Georgia, since 1995, and a former civil rights police monitor for the U.S. Department of Justice. “Any agency that takes that long is saying that this isn’t a priority.”\u003c/p>\n\u003cp>Officials in the Foster case mishandled a crucial piece of evidence, police records show, then took months to request that the crime lab analyze it for fingerprints. Nineteen months passed between the killing and the submission of investigative findings to the police chief. Only then was the chief able to fully assess the case and consider discipline for that shooting. McMahon later testified that he feared for his life and that Foster, holding the flashlight, faced him “in a boxer type stance.” But body camera footage does not support the officer’s claim that Foster was facing him, and an expert for Foster’s family who reviewed enhanced footage and other forensic evidence concluded that Foster had immediately turned away. McMahon remained on the job, and was later fired over his involvement in the killing of another man, during which, a department investigation found, he endangered a fellow officer by shooting from behind him. He did not respond to requests for comment for this story.\u003c/p>\n\u003cp>In a March phone call, Shawny Williams, Vallejo’s police chief since November 2019, agreed to an interview but declined to schedule it; after we shared our findings with the department in writing, he provided a statement that pointed to recent administrative changes, like implementing a yearly crisis intervention training and requiring officers to use deescalation tactics when possible before engaging with a suspect. Williams also noted proposed reforms to how the department investigates its fatal shootings — some of which mirror recommendations first made to the department by a law enforcement consultant two years ago. Among them: a deadline for officials to produce their findings once all the evidence has been gathered.\u003c/p>\n\u003cp>Williams declined to answer questions about any specific cases.\u003c/p>\n\u003cp>“While I cannot comment on critical incidents which occurred prior to my arrival, or on ongoing matters, I can confirm that overall, the VPD continues the process of implementing police reforms,” the chief wrote. “All the above changes are designed to create enhanced internal accountability and will provide a more transparent process for our department and the community.”\u003c/p>\n\u003ch2>‘A remarkable amount of incompetence’\u003c/h2>\n\u003cp>While there is no universal timeline for internal investigations, guidelines developed for the Department of Justice by a group of local police officials say departments should, at minimum, complete their probes before any statute of limitations on officer discipline expires (one year, in California, with some exceptions). \u003ca href=\"https://cops.usdoj.gov/ric/Publications/cops-p164-pub.pdf\">“It is preferable,” the group wrote, “to conclude investigations within 180 days.”\u003c/a>\u003c/p>\n\u003cp>But in some of the DOJ’s own reviews of police departments across the country, it has pushed for even shorter deadlines when it comes to investigating an officer’s use of force, including fatal shootings.\u003c/p>\n\u003cp>In 2012, for example, the Justice Department mandated that the East Haven Police Department in Connecticut complete deadly force investigations within 60 days and forward a report to the chief, who has 45 days to complete the review. And in 2014, the DOJ required a similar deadline in Albuquerque for reviews of serious uses of force.\u003c/p>\n\u003cp>But in Vallejo, Open Vallejo and ProPublica found that the police department has taken an average of 20 months to review fatal shootings, from the time of a police killing to the date a chief signed off on the investigation.\u003c/p>\n\u003cp>A number of mistakes drove delays in Vallejo and undermined the integrity of investigations. One core problem: Some witnesses to killings reported long delays before officers took their statements.\u003c/p>\n\u003cp>That’s what happened in 2012, after Jaime Alvarado and his wife, Rocio Alvarado, said \u003ca href=\"https://www.buzzfeed.com/albertsamaha/three-shootings-in-vallejo\">they witnessed Vallejo police shoot their neighbor Jeremiah Moore\u003c/a>, a young man whose mother said he was on the autism spectrum.\u003c/p>\n\u003cp>Police had responded to 911 calls about loud noises coming from Moore’s home, including the sound of glass breaking. Although officers and an intoxicated witness later claimed Moore had been armed with a .22-caliber rifle, Jaime Alvarado said Moore was naked and unarmed, with his hands up and shaking from fright, when he was shot and killed by Vallejo officer Sean Kenney. (A forensic analysis could not find Moore’s fingerprints on the rifle, which was recovered in his home, while a later one found small traces of his blood on it.)\u003c/p>\n\u003cfigure id=\"attachment_11919410\" class=\"wp-caption aligncenter\" style=\"max-width: 666px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919410 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png\" alt=\"A black-and-white watercolor illustration of a white man smiling broadly as if laughing, with a goatee, beard, baseball cap, and baggy T-shirt.\" width=\"666\" height=\"954\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM.png 666w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.37-PM-160x229.png 160w\" sizes=\"(max-width: 666px) 100vw, 666px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Alvarado said he tried to approach a Vallejo officer a few hours after he saw the killing through his second-floor window, but was told that “we don’t have time to talk” and to “get inside the house.” No one from the department tried to contact him after that, he said.\u003c/p>\n\u003cp>“They would not pay attention to me,” Alvarado told Open Vallejo and ProPublica.\u003c/p>\n\u003cp>According to Alvarado, detectives didn’t take his statement until several months later, after an attorney hired by Moore’s family to sue the city facilitated the interview. Yet there is no record of that interview in Vallejo’s case file, and the department ultimately cleared the officer in the killing. Neither the Moore family attorney nor the police department responded to questions about Alvarado’s account. The Moore family’s lawsuit was settled in 2016 for $250,000.\u003c/p>\n\u003cp>It was one of three investigations among the 17 killings in which Vallejo detectives interviewed one or more eyewitnesses months later or did not interview them at all, despite a county policy that states department officials are responsible for “immediately” securing crime scenes, including identifying and sequestering witnesses in order to obtain their statements. In each of these cases, the witnesses’ accounts directly contradicted claims by police that the victims had been armed.\u003c/p>\n\u003cp>But it was not the only type of delay. In 11 of the 17 cases, investigators did not meet a 30-day goal set by the county to complete their reports. Detectives often took even longer to request analysis on important evidence, such as bullets fired by officers, fingerprinting, DNA samples and weapons allegedly carried by the victims. In six investigations, Vallejo sent requests for evidence testing to a crime lab half a year or more following the killings. In most of those cases, the delayed analyses appear to have hampered the investigations or led to cases being closed by investigators before some forensic reports could be included.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"aligncenter size-medium wp-image-11919415\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-800x964.png\" alt=\"A graph.\" width=\"800\" height=\"964\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-800x964.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-1020x1229.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile-160x193.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/20220701-vallejo-investigative-missteps-mobile.png 1260w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>In Foster’s case, detectives didn’t seek fingerprint testing of the flashlight that McMahon claimed Foster used as a weapon until eight months after the killing. When they finally made a request, the lab could not find Foster’s fingerprints. Experts say \u003ca href=\"https://www.researchgate.net/publication/233901042_Determination_of_latent_fingerprint_degradation_patterns_-_A_real_fieldwork_study\">long delays can cause biological evidence to degrade\u003c/a>.\u003c/p>\n\u003cp>“The consequences of delayed resolutions of investigations are severe,” the Justice Department wrote in its \u003ca href=\"https://www.justice.gov/opa/file/925846/download\">investigation of the Chicago Police Department in 2017\u003c/a>, triggered after a white officer fatally shot Black teenager Laquan McDonald. “Memories fade, evidence is lost, and investigators may not be able to locate those crucial witnesses needed to determine whether misconduct has occurred.”\u003c/p>\n\u003cp>For years, the Solano County district attorney’s office based their decisions about whether to charge Vallejo police officers primarily on evidence gathered by Vallejo officials. This made some of the detectives’ missteps especially meaningful. For example, in three of the killings from 2012, prosecutors cleared officers before all the evidence in the case had been analyzed by forensic experts.\u003c/p>\n\u003cp>“Either there is a remarkable amount of incompetence or it’s malicious,” said Seth Stoughton, a professor at the University of South Carolina School of Law and former Florida police officer, about the Vallejo Police Department. “Neither should be acceptable.” Stoughton testified as a national police standards expert for the prosecution in the trial of former Minneapolis police officer Derek Chauvin, who was convicted of the murder of George Floyd.\u003c/p>\n\u003cp>Williams, the Vallejo police chief, declined to answer specific questions about the numerous delays.\u003c/p>\n\u003cp>Solano County’s current district attorney, Krishna Abrams, who took office shortly after the officer involved in the Moore shooting was cleared, also declined to comment on the findings of this investigation.\u003c/p>\n\u003cp>However, Abrams wrote in a statement that her office has continued to make it a priority to use best practices for investigating officer-involved fatal incidents. She pointed to rule changes from 2020 that require that future investigations of Vallejo killings involve criminal investigators from other departments in the county. She did not comment, however, on another rule change made that year that removed a 30-day target for detectives to complete their reports.\u003c/p>\n\u003ch2>While investigations drag, officers kill again\u003c/h2>\n\u003cp>As Vallejo’s investigations dragged on, sometimes for years, officers who had killed patrolled the city’s streets, their mistakes unaddressed. In three cases, department officials flagged officers’ actions only after they were involved in another killing, police records show.\u003c/p>\n\u003cp>Officer Sean Kenney killed Anton Barrett in May 2012. Kenney was still under investigation for that shooting when, on the morning of Sept. 2, 2012, he and his partner, Dustin Joseph, pulled up in front of the home of a man named Mario Romero. Romero, who identified as Black, Indigenous and Latino, was sitting in his parked Ford Thunderbird with his brother-in-law, police and court records show. The two white officers claimed that the young men seemed shocked to see them approaching and that Romero’s car was encroaching on the sidewalk, according to the officers’ depositions in a civil rights lawsuit filed by Romero’s family. Kenney also claimed that a similar vehicle had been involved in a shooting the prior month.\u003c/p>\n\u003cp>Within seconds and without exchanging a word, Kenney and Joseph exited their vehicle and started firing, according to Joseph’s deposition. Then, Kenney jumped on the hood of the Thunderbird, according to court and police records.\u003c/p>\n\u003cp>The officers fired 31 rounds in total, striking Romero, a father of one, 30 times in the face, neck, forearms, chest and left side of his body. His brother-in-law was hit once in the pelvis and survived. Officers pulled both men from the car after the shooting.\u003c/p>\n\u003cfigure id=\"attachment_11919411\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919411 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man with longish hair smiling and looking up at the viewer, wearing a Black T-shirt.\" width=\"664\" height=\"948\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.49-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mario Romero \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Joseph told detectives that Romero had briefly gotten out of the car and grabbed the butt of a gun in his waistband, though officials never found a firearm. Kenney claimed he recovered a pellet gun wedged between the rear portion of the driver’s seat and the center console. Two weeks after the incident, the officers were sent back to patrol. While police experts said many departments don’t prohibit this, they also said that having officers with open deadly force investigations go out on patrol can be dangerous for officers and community members alike.\u003c/p>\n\u003cp>It would take detectives another eight weeks to interview Romero’s three sisters, eyewitnesses in the case who contradicted the officers’ accounts. They said they never saw Romero with a firearm and that their brother remained inside the car during the incident.\u003c/p>\n\u003cp>Before those interviews happened, though, Kenney had killed again.\u003c/p>\n\u003cp>On Oct. 21, 2012, the day after Romero’s funeral, Kenney fatally shot Jeremiah Moore, the young man whose neighbor Jamie Alvarado said was unarmed. It was Kenney’s third deadly incident that year.\u003c/p>\n\u003cp>The next year, on March 20, 2013, Joseph and two others were involved in the fatal shooting of 42-year-old William Heinze, who had barricaded himself in a house with a firearm during a mental health crisis. It was Joseph’s second deadly incident in just over six months.\u003c/p>\n\u003cfigure id=\"attachment_11919412\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919412 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png\" alt=\"A black-and-white watercolor illustration of a middle-aged white man smiling, with his lips closed so sort of tiredly, with a trim haircut and wearing a black T-shirt.\" width=\"664\" height=\"948\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.48.57-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">William Heinze \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2014, with investigations into those two killings pending, Joseph received a departmental Life-Saving Medal for a separate event and was promoted to corporal. Kenney, with three open deadly force investigations, was awarded the Medal of Valor for his role in the Moore shooting, according to Kenney’s deposition.\u003c/p>\n\u003cp>Roughly two years after the Romero shooting, the department’s Critical Incident Review Board finally issued findings in the administrative probe. The panel is supposed to evaluate whether officers’ use of force was justified.\u003c/p>\n\u003cp>In October 2014, it flagged the officers’ tactics during the incident. The board found that Kenney placed himself in a “tactically disadvantageous position with a potentially armed subject” when he jumped on the hood of Romero’s car, and noted officers could have waited at their car for backup, records show. Nevertheless, officials noted, “The board felt that the officers relied upon their past training to successfully endure this dangerous and rapidly evolving incident.”\u003c/p>\n\u003cp>It still recommended additional training, without specifying whether the training was intended for the two officers or the department as a whole. The board then failed to forward its own completed report to supervisors for nearly a year. During that time, the city settled the lawsuit for $2 million.\u003c/p>\n\u003cp>Yet another year would pass before then-Vallejo Police Chief Andrew Bidou assessed the case for disciplinary, training and policy considerations. Bidou approved the board’s findings, but he did not take further action in the case, the files show. By then, criminal accountability had been ruled out, too. The district attorney had declined to file charges three years earlier. His report noted that Vallejo investigators had interviewed Romero’s sisters long after the incident; the prosecutor suggested that the delay made their statements less credible than the officers’ accounts. He was also missing forensic analyses that would later show that the DNA and fingerprints taken from the pellet gun could not be matched to Romero.\u003c/p>\n\u003cp>“If that investigation had been run properly, Kenney would have been off the street and he wouldn’t have killed my son,” asserted Lisa Moore, the mother of Jeremiah Moore, Kenney’s third shooting victim, about Vallejo’s handling of the case. “Four years, that’s a long time to figure out, ‘Oh, we messed up. What did we do wrong so that this doesn’t happen again?’”\u003c/p>\n\u003cp>Kenney retired from the Vallejo Police Department in 2018, after the board cleared him in the Moore shooting. He declined to comment for this story. As for Joseph, the Vallejo board ultimately flagged officers’ tactics during his second deadly incident, and recommended training. Joseph, who did not respond to requests for comment, left Vallejo in 2019 to join the nearby Fairfield Police Department, where Fairfield officials said he is currently on leave.\u003c/p>\n\u003ch2>‘With this delay, there is no justice’\u003c/h2>\n\u003cp>The review board’s actions in the Romero case were not an anomaly.\u003c/p>\n\u003cp>Made up of two to six ranked officers from within the Vallejo PD, the Critical Incident Review Board reviews an investigation, identifies whether officers violated any policies and makes recommendations to the chief, according to the department’s policy manuals. Our analysis of the 17 cases found that those reviews were consistently delayed. In 11 cases, the panel sent its report up the chain of command more than one year after the incident. And in six of those cases, the board sat on its findings for months before forwarding them, delaying the review of the chief of police, who makes the final decision on discipline, according to the analysis by Open Vallejo and ProPublica. In two cases from 2011 and 2012, the department was unable to show that a final administrative review was completed.\u003c/p>\n\u003cp>The news organizations’ analysis found that the board often cleared officers even when it noted problems with how they had handled a shooting. In fact, the CIRB never determined that any officers had violated department policies, according to the department’s records. Often, it recommended training. But in at least a few of those cases, there is no evidence in training and investigative files that the involved officers completed it.\u003c/p>\n\u003cp>In two cases in which the chief considered potential discipline, he opened yet another investigation because the board’s probe was insufficient, creating additional delays. All these delays by both the CIRB and the chief matter in part because California law gives departments only one year to impose discipline once officials learn of an incident, though that timeline is paused during a criminal investigation. (That timeframe expired in one of the 17 killings that we reviewed.)\u003c/p>\n\u003cp>Experts said Vallejo’s approach is fundamentally flawed.\u003c/p>\n\u003cp>“That’s the whole purpose of having a disciplinary process in place: to assess quickly whether or not officers have engaged in misconduct and, if they’re a threat to the public, to get them removed from the department and off the streets,” said Judge LaDoris Hazzard Cordell, a former Superior Court judge for the County of Santa Clara. From 2010 to 2015, Cordell served as the independent police auditor for the city of San José, which created the office in 1993 following the beating of Rodney King by the Los Angeles Police Department.\u003c/p>\n\u003cp>“What is happening in Vallejo is quite the opposite: It’s just delay, delay. And with this delay, there is no justice,” Cordell said.\u003c/p>\n\u003cp>Over and over, the board seemed to miss opportunities to help the department fix practices that contributed to those killings. Despite delays, the CIRB did, in fact, note plenty of problems: officers who didn’t turn on their body cameras, failed to use less lethal options, mismanaged crime scenes or did not wait for backup. But, time and again, the board reports neither called out individual officers for problematic behavior nor recommended policy changes as a result of the failures they repeatedly identified.\u003c/p>\n\u003cp>The most common problem identified by the CIRB in its reviews of killings was that officers acted without sufficient “cover,” meaning they didn’t properly use structures like cars for protection when confronting civilians, amplifying the risk to themselves and others in already-dangerous situations. When officers don’t take cover, “they put themselves in jeopardy — they create jeopardy,” said Dekmar, the former civil rights police monitor for the U.S. Department of Justice. “That results in a use of force that may have been avoided.” Investigators noted cover issues in six of Vallejo’s 17 killings since 2011.\u003c/p>\n\u003cp>It first surfaced in the 2012 case of Marshall Tobin, a 43-year-old Black man who was sitting in his car sobbing over his phone when two officers, both under deadly force investigations for prior killings, approached him. Police had received a call about an armed man in a parking lot. After Tobin emerged from his car, officers tased him and then fired at least 11 rounds at him, killing him. The officers told investigators that after he was tased, Tobin had reached for a gun in his waistband. They did not respond to requests for comment for this story.\u003c/p>\n\u003cfigure id=\"attachment_11919413\" class=\"wp-caption aligncenter\" style=\"max-width: 670px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919413 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png\" alt=\"A black-and-white watercolor illustration of a Black man with sort of long hair and facial stubble, wearing a light T-shirt and dark jacket. He is looking straight at the viewer, unsmiling, as if this image is taken from a driver's license photo.\" width=\"670\" height=\"954\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM.png 670w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.06-PM-160x228.png 160w\" sizes=\"(max-width: 670px) 100vw, 670px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marshall Tobin \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A year and a half later, the CIRB found in its review that the officers had approached Tobin on foot, “leaving the cover and concealment of the vehicles.” It recommended additional department training in how to use cover, but it did not officially flag the officers’ behavior or find that they had violated a policy. (Two months after that, one of those two officers, from inside his patrol car, shot at a Latino man fleeing a traffic stop — the officer’s third fatal incident in two years. The board approved of the shooting, and the chief cleared him.)\u003c/p>\n\u003cp>At some point after the Tobin killing, then-police chief Joseph Kreins, who reviewed seven fatal shootings between 2012 and 2014, did add a clause to the policy manual that “encouraged” officers on vehicle pursuits to “remember the importance of cover, concealment, and safe distance.” But in 2015, despite the board’s findings in the Romero and Tobin shootings, the next chief of police, Andrew Bidou, removed it. Neither Kreins nor Bidou responded to requests for comment.\u003c/p>\n\u003cp>The issue emerged again in 2017, when officers killed Jeffrey Barboa, a father of one who police said was wanted for an armed robbery. Following a high-speed pursuit that ended in a crash, Barboa had approached officers while holding a knife over his head. The officers, standing within 15 feet, did not step back, police records show. As Barboa slowly walked toward the officers, they fired approximately 50 rounds at him, hitting him at least 30 times in the chest, face, neck, arms and legs.\u003c/p>\n\u003cfigure id=\"attachment_11919414\" class=\"wp-caption aligncenter\" style=\"max-width: 664px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11919414 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png\" alt=\"A black-and-white watercolor illustration of a middle-aged Latino man with dark hair, unsmiling, wearing a collared shirt and jacket.\" width=\"664\" height=\"946\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM.png 664w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/Screen-Shot-2022-07-12-at-3.49.12-PM-160x228.png 160w\" sizes=\"(max-width: 664px) 100vw, 664px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeffrey Barboa \u003ccite>(Kate Copeland/ProPublica)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>More than 28 months after that shooting, in December 2019, the CIRB found in its report that had the officers taken cover or put more distance between themselves and Barboa, they would have created time to communicate with him and “deploy less-lethal alternatives.” “It is this positioning that likely caused the situation to speed up,” the board wrote.\u003c/p>\n\u003cp>Nevertheless, the review board responded as it usually did: It identified no policy violation or specific officer at fault and issued a list of training recommendations with no accompanying plan to implement them. There is no evidence in the department’s reports that Vallejo officials took further action in the case.\u003c/p>\n\u003cp>\u003cem>Reporting for this project was supported by a grant from the Fund for Investigative Journalism.\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.propublica.org/people/mariam-elba\">Mariam Elba\u003c/a> contributed research. Geoffrey King contributed reporting.\u003c/em>\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>\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11919385/in-vallejo-investigations-of-police-take-so-long-officers-kill-again-before-reviews-are-done","authors":["byline_news_11919385"],"categories":["news_6188","news_8"],"tags":["news_27626","news_28089","news_20081","news_4379","news_4537","news_273","news_25344","news_26464"],"featImg":"news_11875300","label":"source_news_11919385"},"news_11915290":{"type":"posts","id":"news_11915290","meta":{"index":"posts_1591205157","site":"news","id":"11915290","score":null,"sort":[1653685200000]},"guestAuthors":[],"slug":"california-cops-who-racially-profile-unlawfully-use-force-or-commit-other-misconduct-could-soon-lose-their-badges-heres-how","title":"California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here's How","publishDate":1653685200,"format":"image","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A Contra Costa County Sheriff’s deputy fatally shot a mentally ill man fleeing from a traffic stop in 2018. The deputy received no discipline — although years later he was \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted of assault\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">sentenced to prison\u003c/a> for the shooting. A Fairfield police officer made a racist joke about “COVID-19 from China” and posted it to TikTok. That officer was suspended for a day.\u003c/p>\n\u003cp>Starting Jan. 1, 2023, cases like these might get kicked up to a state agency — the Commission on Peace Officer Standards and Training (POST) — for a level of review completely new to California: Was the officer’s misconduct egregious enough to take away their badge for good?\u003c/p>\n\u003cp>Last year, \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">the state passed Senate Bill 2\u003c/a>, giving POST the mandate to set up a system for decertifying police officers who commit serious misconduct so they can no longer be cops. On Wednesday, the commission voted on a \u003ca href=\"https://post.ca.gov/Regulatory-Actions\">series of regulations that start to flesh out how that process will work\u003c/a>. And they voted on a definition that's key to this whole project: What is “serious misconduct?”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rick Braziel, vice chair, California's Commission on Peace Officer Standards and Training\"]'When we start lifting up rocks and looking underneath, we're going to see a whole lot of things that are just messed up.'[/pullquote]POST will largely rely on California’s roughly 700 law enforcement agencies to interpret that definition and investigate officers accused of misconduct. How local departments do this will determine how effective the system for decertification can be. State police transparency laws \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">have exposed significant issues and inconsistencies in how police police themselves\u003c/a> — findings that were \u003ca href=\"http://auditor.ca.gov/reports/2021-105/index.html\">echoed by a recent report from the state auditor\u003c/a>.\u003c/p>\n\u003cp>California’s landmark police decertification law might wind up undermined by this flawed and fractured system — but it could also provide fresh opportunity for oversight.\u003c/p>\n\u003cp>“I think we're going to see a whole lot of unintended consequences of SB 2,” POST Vice Chair Rick Braziel said Wednesday. “We're going to identify agencies who aren't doing their IA [internal affairs] cases correctly. ... When we start lifting up rocks and looking underneath, we're going to see a whole lot of things that are just messed up.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Since the bill passed last year, POST has been trying to navigate the high expectations of those who hope decertification will address gaps in police accountability, and concerns from law enforcement leaders that it will usurp their authority to discipline employee officers.\u003c/p>\n\u003cp>“There’s a lot of misinformation out there,” said Jackie Nelson, the POST bureau chief in charge of implementing SB 2, in an interview. “Agencies think we're going to become the internal affairs for the state, and that's not the case.”\u003c/p>\n\u003cp>Redlands Police Chief Chris Catren, who’s serving as president of the California Police Chiefs Association, said he’s concerned the law is too broad and “could apply to officers that have done what would otherwise be seen as minor misconduct, and then potentially put them in the crosshairs for decertification.”\u003c/p>\n\u003cp>With these kinds of concerns in mind, POST has been refining the definition of “serious misconduct” for months, arguing over terms like “fitness,” “substantive” and “willful” in workshops and during long meetings.\u003c/p>\n\u003cp>“Serious Misconduct is an act or acts, or an omission or omissions, demonstrating a lack of fitness to serve as a peace officer in the State of California” is the catchall definition created and approved by the commission on Wednesday.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='police-misconduct']The commission also expanded and refined definitions for the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB2&showamends=false\">nine aspects of serious misconduct outlined in the law\u003c/a>: dishonesty, abuse of power, physical abuse, sexual assault, demonstrating bias, acts that violate the law and are sufficiently egregious, participation in a law enforcement gang, failure to cooperate with an investigation, and failure to intercede if another officer uses unnecessary force.\u003c/p>\n\u003cp>The public will be able to comment on these definitions next week, Nelson said.\u003c/p>\n\u003cp>On Wednesday, POST Executive Director Manny Alvarez said the agency is working hard to meet its January deadline for implementation. Its expanded $22.6 million budget was recently approved by Gov. Gavin Newsom. In July, the agency will ramp up hiring for 127 positions, nearly doubling the size of the agency.\u003c/p>\n\u003cp>In light of the labor shortage and the tight timeline, Alvarez called this a “significant challenge.”\u003c/p>\n\u003cp>The commission also approved regulations Wednesday that outline a framework for reporting and reviewing allegations of serious misconduct.\u003c/p>\n\u003cp>All roads to officer decertification begin with a complaint or an allegation of misconduct.\u003c/p>\n\u003cp>\u003cem>A \"disqualifying crime\" in the flowchart below refers to \u003ca href=\"https://casetext.com/statute/california-codes/california-government-code/title-1-general/division-4-public-officers-and-employees/chapter-1-general/article-2-disqualifications-for-office-or-employment/section-1029-disqualification-from-holding-office-as-peace-officer\">any crime that would bar someone from serving as a police officer\u003c/a>.\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_11915303\" class=\"wp-caption aligncenter\" style=\"max-width: 1429px\">\u003cimg class=\"size-full wp-image-11915303\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5.jpg\" alt=\"flow chart\" width=\"1429\" height=\"1439\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5.jpg 1429w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5-800x806.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5-1020x1027.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5-160x161.jpg 160w\" sizes=\"(max-width: 1429px) 100vw, 1429px\">\u003cfigcaption class=\"wp-caption-text\">This flowchart of the paths to decertification — when an officer is stripped of their badge for good — is based on the requirements of SB 2 and the new regulations, and does not include all possible routes to decertification. \u003ccite>(Anna Vignet/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a TikTok video recorded early in the pandemic, Fairfield police officer Amanda Graham is sitting in the driver’s seat of a city police cruiser. A white surgical face mask hangs from the rearview mirror.\u003c/p>\n\u003cp>“I like your air freshener, what scent is that?” a trainee officer who is behind the camera asks Graham.\u003c/p>\n\u003cp>“Oh, you like this?” Graham responds, leaning over and taking a deep whiff of the face mask. “COVID-19 from China,” she says, putting on an accent with the last word.\u003c/p>\n\u003cp>On April 20, 2020, at least two residents saw the post and emailed the police department. KQED recently obtained these emails and the TikTok video from Fairfield under the expanded police transparency law that passed last year.\u003c/p>\n\u003cp>“Dear Chief, I hope you are as offended by the behavior of your officers as I am,” one of them reads. “The COVID-19 pandemic is not a joke and many people are impacted.”\u003c/p>\n\u003cfigure id=\"attachment_11915352\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11915352\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap.jpg\" alt=\"\" width=\"1100\" height=\"784\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap.jpg 1100w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap-800x570.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap-1020x727.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap-160x114.jpg 160w\" sizes=\"(max-width: 1100px) 100vw, 1100px\">\u003cfigcaption class=\"wp-caption-text\">In a TikTok video that Fairfield police officer Amanda Graham was disciplined for, she makes a racist joke about 'COVID-19 from China.' \u003ccite>(Fairfield Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Initially, Graham’s supervisor planned to handle it with a written reprimand. But when the department realized that Graham had posted other videos on the site, it began a fuller investigation.\u003c/p>\n\u003cp>Once a police department like Fairfield’s receives a complaint like the email about Officer Graham, it will have to determine whether what the complaint is alleging is “serious misconduct.”\u003c/p>\n\u003cp>The TikTok video might qualify under biased conduct, but the agency would also weigh whether Graham’s conduct was “inconsistent with a peace officer’s obligations to carry out their duties in a fair and unbiased manner.”\u003c/p>\n\u003cp>While there are other ways cases can get to POST — civil lawsuits, complaints filed directly to POST, or media coverage — Nelson said that “a lot of it will be the agencies' ... I don't want to say discretion ... their interpretation if it meets the definition.”\u003c/p>\n\u003cp>Some law enforcement departments in California might ignore a complaint like this entirely. A recent \u003ca href=\"http://auditor.ca.gov/reports/2021-105/index.html\">report from the state auditor\u003c/a> pointed out how departments prematurely dismiss complaints, and rely on the explanations of officers rather than other evidence when they’re looking into potentially biased conduct.\u003c/p>\n\u003cp>Fairfield Police Captain Daniel Marshall told KQED in an email that the department couldn’t comment on whether a case like Graham’s would be reportable under SB 2 since the law is still being implemented.\u003c/p>\n\u003cp>Marshall wrote that his department takes biased misconduct seriously, even if it’s done as a joke. The police chief suspended Graham for one day, took away her training privileges for about seven weeks, and ordered her to attend training.\u003c/p>\n\u003cp>“We have shared the information with some leaders of Fairfield’s communities of color and held tough conversations about the damage this sort of behavior can cause,” Marshall wrote, adding that Graham also understood “how this kind of behavior can affect community trust.”\u003c/p>\n\u003cp>Graham did not respond to an email requesting comment.\u003c/p>\n\u003ch2>Exonerated by a sheriff — convicted by a jury\u003c/h2>\n\u003cp>If Graham’s conduct is near one end of the spectrum of police misconduct, the actions of Contra Costa County Deputy Andrew Hall, who fatally shot a mentally ill man named Laudemer Arboleda, falls near the other.\u003c/p>\n\u003cp>In late 2018, Arboleda led law enforcement on a low-speed car chase for about eight minutes after an attempted traffic stop. Hall tried to block Arboleda’s car with his own. He jumped out of his police car and into the path of Arboleda’s vehicle as the man tried to maneuver through the blockade. Hall fired multiple rounds through Arboleda’s windshield and window, killing him.\u003c/p>\n\u003cp>In October, a jury \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted Hall of assault with a firearm\u003c/a>, and in March a judge \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">sentenced Hall to six years in prison\u003c/a>.\u003c/p>\n\u003cp>[aside postID=news_11907219 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/03/BurrisArboledaHallPresser.jpg']But the internal investigation begun in 2018 by the Contra Costa County Sheriff’s department exonerated Hall. The deputy kept working for the sheriff for two more years, and \u003ca href=\"https://www.kqed.org/news/11870567/video-footage-of-tyrell-wilson-killing-released-as-same-danville-officer-charged-in-another-death\">went on to fatally shoot Tyrell Wilson\u003c/a>, an unhoused Black man whose family says suffered from schizophrenia, in 2021. It was shortly after that second shooting that the district attorney pressed charges.\u003c/p>\n\u003cp>Because Hall was convicted of a violent felony, under the new rules of SB 2 he would be eligible for decertification on Jan. 1, 2023. But, if he had not been criminally prosecuted, the sheriff would not have reported a case like this to POST because he didn’t think Hall was guilty of misconduct.\u003c/p>\n\u003cp>“I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today,” Sheriff David Livingston wrote the day Hall was sentenced in a \u003ca href=\"https://www.ktvu.com/news/contra-costa-county-sheriff-shows-disdain-for-judges-6-year-sentence-of-ex-deputy\">letter to his staff first reported on by KTVU\u003c/a>.\u003c/p>\n\u003cp>In theory, this is not supposed to happen. The standard of evidence for an internal investigation — a “preponderance” of the evidence — is much lower than a criminal conviction — “beyond a reasonable doubt.” For decertification, the evidence of serious misconduct must be “clear and convincing,” which falls somewhere in between.\u003c/p>\n\u003cp>“I wasn't on the jury. I didn't hear all the evidence,” Catren, the California Police Chiefs Association president, said. “But those kinds of cases are naturally going to cause people concern in the community, because they're saying, well, you know, the question always is right: 'Who's policing the police?'\"\u003c/p>\n\u003cp>Catren said in certain cases it's also important to give officers the chance to learn from their mistakes.\u003c/p>\n\u003cp>“Some things are painfully obvious, you know. Somebody goes in and intentionally lies in court, or they plant evidence, or there's hard, clear evidence of biased policing,” Catren said. “But others aren't going to be. So, things like a DUI, some departments might determine that that's egregious enough, others may not.”\u003c/p>\n\u003cp>Nelson, the POST bureau chief, said it’s not POST’s job to weigh in and say whether the discipline an officer received was insufficient or unfair. If cases like Graham’s or Hall’s do get reported to POST, after the agency completes its internal investigation, POST will decide to either move forward with decertification or not. In \u003ca href=\"https://post.ca.gov/Portals/0/post_docs/regulationnotices/2022/2022-13_TPRA.pdf\">certain cases\u003c/a>, POST may decide to do its own investigation.\u003c/p>\n\u003cp>“We're taking the first bite out of this big monster, and we're going to find a whole lot more work as we continue in this process,” Braziel, the POST vice chair, said Wednesday.\u003c/p>\n\u003cp>Nelson said in an interview her team can’t be sure how many complaints will be reported to their new decertification division each year, but she has a rough estimate based on the \u003ca href=\"https://openjustice.doj.ca.gov/data-stories/civilians-complaints\">number of complaints reported to the Department of Justice\u003c/a>.\u003c/p>\n\u003cp>“They get approximately 16,000 annually,” she said. “We looked at those — we felt about 3,400 would equate to what we think is serious misconduct or for potentially decertifying information.”\u003c/p>\n\u003cp>Nelson also said that later this year her team will be traveling to law enforcement agencies across the state to hold workshops and get everyone up to speed.\u003c/p>\n\u003cp>“We call it the road show,” she said. Nelson won’t just be training departments on decertification, but also on certification — how officers can get licensed in the state and what might disqualify them from a career in policing.\u003c/p>\n\u003cp>“So it spans the life cycle of an officer's career from beginning to end,” she said. “It's huge.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"California's landmark police decertification law reached a milestone this week. But there's still a long way to go.","status":"publish","parent":0,"modified":1654106670,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":51,"wordCount":2197},"headData":{"title":"California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here's How | KQED","description":"California's landmark police decertification law reached a milestone this week. But there's still a long way to go.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here's How","datePublished":"2022-05-27T21:00:00.000Z","dateModified":"2022-06-01T18:04:30.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11915290 https://ww2.kqed.org/news/?p=11915290","disqusUrl":"https://ww2.kqed.org/news/2022/05/27/california-cops-who-racially-profile-unlawfully-use-force-or-commit-other-misconduct-could-soon-lose-their-badges-heres-how/","disqusTitle":"California Cops Who Racially Profile, Unlawfully Use Force or Commit Other Misconduct Could Soon Lose Their Badges. Here's How","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/27169347-b9e2-4214-b069-aea101305e9a/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11915290/california-cops-who-racially-profile-unlawfully-use-force-or-commit-other-misconduct-could-soon-lose-their-badges-heres-how","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Contra Costa County Sheriff’s deputy fatally shot a mentally ill man fleeing from a traffic stop in 2018. The deputy received no discipline — although years later he was \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted of assault\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">sentenced to prison\u003c/a> for the shooting. A Fairfield police officer made a racist joke about “COVID-19 from China” and posted it to TikTok. That officer was suspended for a day.\u003c/p>\n\u003cp>Starting Jan. 1, 2023, cases like these might get kicked up to a state agency — the Commission on Peace Officer Standards and Training (POST) — for a level of review completely new to California: Was the officer’s misconduct egregious enough to take away their badge for good?\u003c/p>\n\u003cp>Last year, \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">the state passed Senate Bill 2\u003c/a>, giving POST the mandate to set up a system for decertifying police officers who commit serious misconduct so they can no longer be cops. On Wednesday, the commission voted on a \u003ca href=\"https://post.ca.gov/Regulatory-Actions\">series of regulations that start to flesh out how that process will work\u003c/a>. And they voted on a definition that's key to this whole project: What is “serious misconduct?”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'When we start lifting up rocks and looking underneath, we're going to see a whole lot of things that are just messed up.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Rick Braziel, vice chair, California's Commission on Peace Officer Standards and Training","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>POST will largely rely on California’s roughly 700 law enforcement agencies to interpret that definition and investigate officers accused of misconduct. How local departments do this will determine how effective the system for decertification can be. State police transparency laws \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">have exposed significant issues and inconsistencies in how police police themselves\u003c/a> — findings that were \u003ca href=\"http://auditor.ca.gov/reports/2021-105/index.html\">echoed by a recent report from the state auditor\u003c/a>.\u003c/p>\n\u003cp>California’s landmark police decertification law might wind up undermined by this flawed and fractured system — but it could also provide fresh opportunity for oversight.\u003c/p>\n\u003cp>“I think we're going to see a whole lot of unintended consequences of SB 2,” POST Vice Chair Rick Braziel said Wednesday. “We're going to identify agencies who aren't doing their IA [internal affairs] cases correctly. ... When we start lifting up rocks and looking underneath, we're going to see a whole lot of things that are just messed up.”\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>Since the bill passed last year, POST has been trying to navigate the high expectations of those who hope decertification will address gaps in police accountability, and concerns from law enforcement leaders that it will usurp their authority to discipline employee officers.\u003c/p>\n\u003cp>“There’s a lot of misinformation out there,” said Jackie Nelson, the POST bureau chief in charge of implementing SB 2, in an interview. “Agencies think we're going to become the internal affairs for the state, and that's not the case.”\u003c/p>\n\u003cp>Redlands Police Chief Chris Catren, who’s serving as president of the California Police Chiefs Association, said he’s concerned the law is too broad and “could apply to officers that have done what would otherwise be seen as minor misconduct, and then potentially put them in the crosshairs for decertification.”\u003c/p>\n\u003cp>With these kinds of concerns in mind, POST has been refining the definition of “serious misconduct” for months, arguing over terms like “fitness,” “substantive” and “willful” in workshops and during long meetings.\u003c/p>\n\u003cp>“Serious Misconduct is an act or acts, or an omission or omissions, demonstrating a lack of fitness to serve as a peace officer in the State of California” is the catchall definition created and approved by the commission on Wednesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"police-misconduct"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The commission also expanded and refined definitions for the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB2&showamends=false\">nine aspects of serious misconduct outlined in the law\u003c/a>: dishonesty, abuse of power, physical abuse, sexual assault, demonstrating bias, acts that violate the law and are sufficiently egregious, participation in a law enforcement gang, failure to cooperate with an investigation, and failure to intercede if another officer uses unnecessary force.\u003c/p>\n\u003cp>The public will be able to comment on these definitions next week, Nelson said.\u003c/p>\n\u003cp>On Wednesday, POST Executive Director Manny Alvarez said the agency is working hard to meet its January deadline for implementation. Its expanded $22.6 million budget was recently approved by Gov. Gavin Newsom. In July, the agency will ramp up hiring for 127 positions, nearly doubling the size of the agency.\u003c/p>\n\u003cp>In light of the labor shortage and the tight timeline, Alvarez called this a “significant challenge.”\u003c/p>\n\u003cp>The commission also approved regulations Wednesday that outline a framework for reporting and reviewing allegations of serious misconduct.\u003c/p>\n\u003cp>All roads to officer decertification begin with a complaint or an allegation of misconduct.\u003c/p>\n\u003cp>\u003cem>A \"disqualifying crime\" in the flowchart below refers to \u003ca href=\"https://casetext.com/statute/california-codes/california-government-code/title-1-general/division-4-public-officers-and-employees/chapter-1-general/article-2-disqualifications-for-office-or-employment/section-1029-disqualification-from-holding-office-as-peace-officer\">any crime that would bar someone from serving as a police officer\u003c/a>.\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_11915303\" class=\"wp-caption aligncenter\" style=\"max-width: 1429px\">\u003cimg class=\"size-full wp-image-11915303\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5.jpg\" alt=\"flow chart\" width=\"1429\" height=\"1439\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5.jpg 1429w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5-800x806.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5-1020x1027.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/flowchart5-160x161.jpg 160w\" sizes=\"(max-width: 1429px) 100vw, 1429px\">\u003cfigcaption class=\"wp-caption-text\">This flowchart of the paths to decertification — when an officer is stripped of their badge for good — is based on the requirements of SB 2 and the new regulations, and does not include all possible routes to decertification. \u003ccite>(Anna Vignet/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a TikTok video recorded early in the pandemic, Fairfield police officer Amanda Graham is sitting in the driver’s seat of a city police cruiser. A white surgical face mask hangs from the rearview mirror.\u003c/p>\n\u003cp>“I like your air freshener, what scent is that?” a trainee officer who is behind the camera asks Graham.\u003c/p>\n\u003cp>“Oh, you like this?” Graham responds, leaning over and taking a deep whiff of the face mask. “COVID-19 from China,” she says, putting on an accent with the last word.\u003c/p>\n\u003cp>On April 20, 2020, at least two residents saw the post and emailed the police department. KQED recently obtained these emails and the TikTok video from Fairfield under the expanded police transparency law that passed last year.\u003c/p>\n\u003cp>“Dear Chief, I hope you are as offended by the behavior of your officers as I am,” one of them reads. “The COVID-19 pandemic is not a joke and many people are impacted.”\u003c/p>\n\u003cfigure id=\"attachment_11915352\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11915352\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap.jpg\" alt=\"\" width=\"1100\" height=\"784\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap.jpg 1100w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap-800x570.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap-1020x727.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/TikTokScreencap-160x114.jpg 160w\" sizes=\"(max-width: 1100px) 100vw, 1100px\">\u003cfigcaption class=\"wp-caption-text\">In a TikTok video that Fairfield police officer Amanda Graham was disciplined for, she makes a racist joke about 'COVID-19 from China.' \u003ccite>(Fairfield Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Initially, Graham’s supervisor planned to handle it with a written reprimand. But when the department realized that Graham had posted other videos on the site, it began a fuller investigation.\u003c/p>\n\u003cp>Once a police department like Fairfield’s receives a complaint like the email about Officer Graham, it will have to determine whether what the complaint is alleging is “serious misconduct.”\u003c/p>\n\u003cp>The TikTok video might qualify under biased conduct, but the agency would also weigh whether Graham’s conduct was “inconsistent with a peace officer’s obligations to carry out their duties in a fair and unbiased manner.”\u003c/p>\n\u003cp>While there are other ways cases can get to POST — civil lawsuits, complaints filed directly to POST, or media coverage — Nelson said that “a lot of it will be the agencies' ... I don't want to say discretion ... their interpretation if it meets the definition.”\u003c/p>\n\u003cp>Some law enforcement departments in California might ignore a complaint like this entirely. A recent \u003ca href=\"http://auditor.ca.gov/reports/2021-105/index.html\">report from the state auditor\u003c/a> pointed out how departments prematurely dismiss complaints, and rely on the explanations of officers rather than other evidence when they’re looking into potentially biased conduct.\u003c/p>\n\u003cp>Fairfield Police Captain Daniel Marshall told KQED in an email that the department couldn’t comment on whether a case like Graham’s would be reportable under SB 2 since the law is still being implemented.\u003c/p>\n\u003cp>Marshall wrote that his department takes biased misconduct seriously, even if it’s done as a joke. The police chief suspended Graham for one day, took away her training privileges for about seven weeks, and ordered her to attend training.\u003c/p>\n\u003cp>“We have shared the information with some leaders of Fairfield’s communities of color and held tough conversations about the damage this sort of behavior can cause,” Marshall wrote, adding that Graham also understood “how this kind of behavior can affect community trust.”\u003c/p>\n\u003cp>Graham did not respond to an email requesting comment.\u003c/p>\n\u003ch2>Exonerated by a sheriff — convicted by a jury\u003c/h2>\n\u003cp>If Graham’s conduct is near one end of the spectrum of police misconduct, the actions of Contra Costa County Deputy Andrew Hall, who fatally shot a mentally ill man named Laudemer Arboleda, falls near the other.\u003c/p>\n\u003cp>In late 2018, Arboleda led law enforcement on a low-speed car chase for about eight minutes after an attempted traffic stop. Hall tried to block Arboleda’s car with his own. He jumped out of his police car and into the path of Arboleda’s vehicle as the man tried to maneuver through the blockade. Hall fired multiple rounds through Arboleda’s windshield and window, killing him.\u003c/p>\n\u003cp>In October, a jury \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted Hall of assault with a firearm\u003c/a>, and in March a judge \u003ca href=\"https://www.kqed.org/news/11907219/we-prayed-he-would-get-jail-time-ex-contra-costa-cop-gets-6-years-in-prison-for-killing-man-with-mental-illness\">sentenced Hall to six years in prison\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11907219","hero":"https://ww2.kqed.org/app/uploads/sites/10/2022/03/BurrisArboledaHallPresser.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But the internal investigation begun in 2018 by the Contra Costa County Sheriff’s department exonerated Hall. The deputy kept working for the sheriff for two more years, and \u003ca href=\"https://www.kqed.org/news/11870567/video-footage-of-tyrell-wilson-killing-released-as-same-danville-officer-charged-in-another-death\">went on to fatally shoot Tyrell Wilson\u003c/a>, an unhoused Black man whose family says suffered from schizophrenia, in 2021. It was shortly after that second shooting that the district attorney pressed charges.\u003c/p>\n\u003cp>Because Hall was convicted of a violent felony, under the new rules of SB 2 he would be eligible for decertification on Jan. 1, 2023. But, if he had not been criminally prosecuted, the sheriff would not have reported a case like this to POST because he didn’t think Hall was guilty of misconduct.\u003c/p>\n\u003cp>“I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today,” Sheriff David Livingston wrote the day Hall was sentenced in a \u003ca href=\"https://www.ktvu.com/news/contra-costa-county-sheriff-shows-disdain-for-judges-6-year-sentence-of-ex-deputy\">letter to his staff first reported on by KTVU\u003c/a>.\u003c/p>\n\u003cp>In theory, this is not supposed to happen. The standard of evidence for an internal investigation — a “preponderance” of the evidence — is much lower than a criminal conviction — “beyond a reasonable doubt.” For decertification, the evidence of serious misconduct must be “clear and convincing,” which falls somewhere in between.\u003c/p>\n\u003cp>“I wasn't on the jury. I didn't hear all the evidence,” Catren, the California Police Chiefs Association president, said. “But those kinds of cases are naturally going to cause people concern in the community, because they're saying, well, you know, the question always is right: 'Who's policing the police?'\"\u003c/p>\n\u003cp>Catren said in certain cases it's also important to give officers the chance to learn from their mistakes.\u003c/p>\n\u003cp>“Some things are painfully obvious, you know. Somebody goes in and intentionally lies in court, or they plant evidence, or there's hard, clear evidence of biased policing,” Catren said. “But others aren't going to be. So, things like a DUI, some departments might determine that that's egregious enough, others may not.”\u003c/p>\n\u003cp>Nelson, the POST bureau chief, said it’s not POST’s job to weigh in and say whether the discipline an officer received was insufficient or unfair. If cases like Graham’s or Hall’s do get reported to POST, after the agency completes its internal investigation, POST will decide to either move forward with decertification or not. In \u003ca href=\"https://post.ca.gov/Portals/0/post_docs/regulationnotices/2022/2022-13_TPRA.pdf\">certain cases\u003c/a>, POST may decide to do its own investigation.\u003c/p>\n\u003cp>“We're taking the first bite out of this big monster, and we're going to find a whole lot more work as we continue in this process,” Braziel, the POST vice chair, said Wednesday.\u003c/p>\n\u003cp>Nelson said in an interview her team can’t be sure how many complaints will be reported to their new decertification division each year, but she has a rough estimate based on the \u003ca href=\"https://openjustice.doj.ca.gov/data-stories/civilians-complaints\">number of complaints reported to the Department of Justice\u003c/a>.\u003c/p>\n\u003cp>“They get approximately 16,000 annually,” she said. “We looked at those — we felt about 3,400 would equate to what we think is serious misconduct or for potentially decertifying information.”\u003c/p>\n\u003cp>Nelson also said that later this year her team will be traveling to law enforcement agencies across the state to hold workshops and get everyone up to speed.\u003c/p>\n\u003cp>“We call it the road show,” she said. Nelson won’t just be training departments on decertification, but also on certification — how officers can get licensed in the state and what might disqualify them from a career in policing.\u003c/p>\n\u003cp>“So it spans the life cycle of an officer's career from beginning to end,” she said. “It's huge.”\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11915290/california-cops-who-racially-profile-unlawfully-use-force-or-commit-other-misconduct-could-soon-lose-their-badges-heres-how","authors":["8676"],"categories":["news_6188","news_8","news_13"],"tags":["news_18538","news_29709","news_27626","news_28780","news_24958","news_4379","news_20625","news_31150"],"featImg":"news_11915334","label":"news"},"news_11905820":{"type":"posts","id":"news_11905820","meta":{"index":"posts_1591205157","site":"news","id":"11905820","score":null,"sort":[1645569097000]},"guestAuthors":[],"slug":"more-bay-area-officers-are-being-prosecuted-for-killing-people-does-this-really-signal-a-shift-in-police-accountability","title":"More Bay Area Officers Are Being Prosecuted for Killing People. Does This Really Signal a Shift in Police Accountability?","publishDate":1645569097,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Cleo Moore, wearing a faded T-shirt, answered the door of her Daly City home just south of San Francisco on a recent February afternoon.\u003c/p>\n\u003cp>The shirt had a screen-print photo of Sean Moore, her deceased youngest son, who is wearing a baseball uniform and posing in a batting stance.\u003c/p>\n\u003cp>“He’s a human being,” she said. “He wasn’t a dog to be shot down like he was shot down.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Cristine Soto DeBerry, Prosecutors Alliance of California\"]'It really was not the central focus of most prosecutors' offices anywhere to think about, 'How well am I regulating police excessive use of force?' That was not a commonly held conversation in the profession.'[/pullquote]\u003c/p>\n\u003cp>Sean Moore was raised in a family of San Francisco public servants. Cleo, his mother, spent four decades as a nurse at San Francisco General Hospital. His father, the late Loyce Amos Moore, worked for Muni for 30 years. His older half-brother, Kenneth Blackmon, recently retired from the San Francisco Juvenile Probation Department after 20 years.\u003c/p>\n\u003cp>Cleo said she often worked alongside police officers and sheriff’s deputies at the hospital, and her father and brother were law enforcement officers in Texas.\u003c/p>\n\u003cp>“I’m not against police officers,” she said. “There’s a need for good police officers.”\u003c/p>\n\u003cp>But she is glad that over four years after her youngest son was shot by a San Francisco police officer, and a year after he died from complications of the gunshot wound, the officer was recently charged with manslaughter for his death.\u003c/p>\n\u003cp>“If it had been Sean that had done what this officer did, he wouldn’t see the light of day. He’s no different,” Cleo said.\u003c/p>\n\u003cp>The charges against San Francisco Police Officer Kenneth Cha for shooting Sean Moore are part of a new wave of police prosecutions in the Bay Area that come during a major shift in police accountability in California and the rest of the country. Before the 2020 public murder of George Floyd by Minneapolis police officer Derek Chauvin reignited a nationwide protest movement against police violence, it would have been unusual to see even one of these manslaughter cases brought to trial. These recent cases may chart the course for police prosecutions moving forward, setting new guardrails for officer use of force.\u003c/p>\n\u003cp>The facts of the five Bay Area cases charged since Floyd’s death vary. All concern killings that occurred before Floyd’s death, the earliest reaching back five years. Three of the people killed were Black men.\u003c/p>\n\u003cfigure id=\"attachment_11905905\" class=\"wp-caption alignright\" style=\"max-width: 2071px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png\">\u003cimg class=\"size-full wp-image-11905905\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png\" alt=\"A chart of recent cases against Bay Area police officers who killed suspects.\" width=\"2071\" height=\"1945\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png 2071w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--800x751.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1020x958.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--160x150.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1536x1443.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--2048x1923.png 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1920x1803.png 1920w\" sizes=\"(max-width: 2071px) 100vw, 2071px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Graphic by Sukey Lewis and Matthew Green/KQED\u003c/figcaption>\u003c/figure>\n\u003cul>\n\u003cli>San Leandro Police Officer Jason Fletcher tased and then shot Steven Taylor as he held a baseball bat inside a San Leandro Walmart in 2020.\u003c/li>\n\u003cli>Sonoma County Sheriff's Deputy Charles Blount choked David Ward through the window of his car after a chase in Sonoma County in 2019.\u003c/li>\n\u003cli>Contra Costa County Sheriff's Deputy Andrew Hall shot at Laudemer Arboleda eight times in 2018 as the man drove into a gap between two police cars and Hall ran into the vehicle’s path.\u003c/li>\n\u003cli>Rookie San Francisco Police Officer Christopher Samayoa fatally shot Keita O’Neil as he fled after allegedly stealing a lottery van in San Francisco in 2017.\u003c/li>\n\u003cli>San Francisco Police Officer Kenneth Cha shot Sean Moore in the stomach and the groin in 2017 after responding to a noise complaint at Moore’s home.\u003c/li>\n\u003c/ul>\n\u003cp>Cristine Soto DeBerry, executive director of the Prosecutors Alliance of California, a group that advocates for progressive criminal justice reforms, said many district attorneys are paying attention to police killings more closely than they ever have before.\u003c/p>\n\u003cp>“It really was not the central focus of most prosecutors’ offices anywhere to think about, ‘How well am I regulating police excessive use of force?’” DeBerry said. “That was not a commonly held conversation in the profession.”\u003c/p>\n\u003cp>Now, she says, it is.\u003c/p>\n\u003ch2>\u003cstrong>Necessary vs. reasonable \u003c/strong>\u003c/h2>\n\u003cp>Alameda County’s prosecution of San Leandro Police Officer Jason Fletcher is the singular Bay Area case that relies on \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB392\">Assembly Bill 392\u003c/a>, a 2020 state law that only justifies the use of deadly force when an officer believes, “based on the totality of the circumstances, that such force is necessary,” as opposed to the previous standard of “reasonable.”\u003c/p>\n\u003cp>The prosecution is widely seen as a test case for California’s new standard, which is the strictest in the country, and could inspire changes in other states.\u003c/p>\n\u003cp>On April 18, 2020, Fletcher responded to calls from a Walmart in San Leandro, reporting a man holding a baseball bat. Body camera footage showed the suspect, Steven Taylor, standing by shopping carts near the front of the store, still holding the bat, as Fletcher arrived at the scene, alone. Critically, Fletcher made the decision to move toward the 33-year-old Black man, telling him to “drop the bat,” and then trying to grab it from him.\u003c/p>\n\u003cp>“You're going to have to, you’re going to have to,” Taylor said, according to a bystander’s cellphone video of the incident.\u003c/p>\n\u003cp>Fletcher then tased Taylor twice, and then shot him once as he staggered forward.\u003c/p>\n\u003cp>Under the standard of the new law, a district attorney must consider the “totality of circumstances” leading up to the moment an officer shoots, including decisions the officer makes. Fletcher engaged Taylor without waiting for backup to arrive, and he failed to try to deescalate the situation, according to subsequent criminal and administrative investigations.\u003c/p>\n\u003cp>“He was comin’ to kill me,” Fletcher said, according to a partial transcript of his interview with criminal investigators that was made public. “He’s not coming to give me a hug. He’s not comin’ to say, ‘Hey, sorry about that.’ He’s got wires in him. I’ve shocked the shit out of him twice. I don’t know if he’s crazy. I don’t know if he’s on drugs. He’s comin’ to kill me. And I’m not gonna die in a fuckin’ Walmart.”\u003c/p>\n\u003cp>The Alameda County District Attorney’s Office investigation, however, found that Taylor “posed no threat of imminent deadly force or serious bodily injury to defendant Fletcher or anyone else in the store,” it said in a press release, announcing the decision to charge Taylor with voluntary manslaughter.\u003c/p>\n\u003cp>Fletcher has pleaded not guilty. His lawyer declined to comment for this story. A judge is expected to set a trial date in April.\u003c/p>\n\u003cp>While none of his deputies are charged, Alameda County Sheriff Greg Ahern said law enforcement leaders like him are paying close attention to the rise in officer prosecutions. He declined to comment directly on Fletcher’s case, but said those in law enforcement often evaluate fatal incidents differently from the public.\u003c/p>\n\u003cp>“It's difficult to get into that officer's mind unless you've actually been in law enforcement — if you haven't been in those dangers,” he said.\u003c/p>\n\u003ch2>Progressive prosecution\u003c/h2>\n\u003cp>On Nov. 3, 2018, Laudemer Arboleda fled from a traffic stop in the East Bay suburb of Danville. At the end of a low-speed car chase, he steered his car into a gap between two patrol cars. Contra Costa County Sheriff's Deputy Andrew Hall ran around the front of one of the cars, putting himself in the path of Arboleda’s slow-moving vehicle before shooting him nine times, killing him.[aside label=\"Related Coverage\" tag=\"police-killings\"]It wasn’t until April 21, 2021, that Contra Costa County District Attorney Diana Becton filed charges against Hall, the same day the sheriff’s office released video of Hall fatally shooting another man, Tyrell Wilson, the month before. Becton, a member of DeBerry’s progressive Prosecutors Alliance, announced charges against Hall the day after Derek Chauvin was convicted of murdering George Floyd in Minneapolis.\u003c/p>\n\u003cp>“Officer Hall’s actions underscore the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness,” Becton said in her charging announcement.\u003c/p>\n\u003cp>She did not respond to emails requesting comment for this story.\u003c/p>\n\u003cp>Although national data is unreliable, research from the national Treatment Advocacy Center, a mental health advocacy group, estimates that \u003ca href=\"https://www.treatmentadvocacycenter.org/overlooked-in-the-undercounted\">people with a serious mental illness are 16 times more likely to be killed in encounters with law enforcement\u003c/a>. In some cities, as many as \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">half of the people shot and killed by police are experiencing a psychiatric crisis\u003c/a>.\u003c/p>\n\u003cp>In four of the five Bay Area cases that have recently been prosecuted, the person killed was determined to be experiencing psychiatric distress or suffering from ongoing mental illness.\u003c/p>\n\u003cp>The jury found Hall guilty of assault with a firearm but deadlocked on the higher charge of voluntary manslaughter. Still, Hall faces up to 17 years in prison, with sentencing scheduled for early March. Hall’s lawyer declined to comment for this story.\u003c/p>\n\u003cp>San Francisco District Attorney Chesa Boudin, also a member of the Prosecutors Alliance, has filed charges against two officers for killing Black men who were not armed. Statistics collected by The Washington Post show that \u003ca href=\"https://www.washingtonpost.com/graphics/investigations/police-shootings-database/?itid=lb_police-reform-in-america_2\">Black people in the U.S. are fatally shot by police at more than twice the rate of white people\u003c/a>.\u003c/p>\n\u003cp>Christopher Samayoa, the San Francisco police officer who fatally shot 42-year-old Keita O'Neil on Dec. 1, 2017, faces manslaughter and assault charges. The incident occurred after O’Neil, who was later found to be unarmed, ditched a state lottery van he’d allegedly stolen and started running. As O'Neil tried to flee, Samayoa shot at him through the passenger window of his police car.\u003c/p>\n\u003cp>The police department fired Samayoa, still a probationary officer, in early 2018. His lawyer declined to comment for this story.\u003c/p>\n\u003cp>[ad fullwidth]Kenneth Cha, the other officer charged by Boudin, shot Sean Moore on Jan. 6, 2017, after responding to a neighbor’s noise complaint. From behind a metal door grate, Moore told Cha and his partner to leave and shouted obscenities at them, body camera video of the incident shows. The two officers then retreated, but subsequently climbed back up the steps and tried to detain Moore when he opened the door to pick something up outside. When Moore began to fight with the officers, Cha fired twice, hitting him in the stomach and the groin.\u003c/p>\n\u003cp>Boudin charges that officers overstepped their legal authority when they went back up the steps to Moore’s residence after being told to leave. Cha’s lawyer did not respond to requests for comment.\u003c/p>\n\u003cp>“You know, we have a right,” Moore’s mother, Cleo, said. “We're Black, but we have a right. We are honest, working people. My son had a nice, honest education. He can't control that he had a mental illness.”\u003c/p>\n\u003cp>Moore, who was diagnosed with schizophrenia, died in San Quentin State Prison in 2020, where he was serving time on unrelated charges. The coroner found that complications from the 3-year-old gunshot wound caused Moore’s death.\u003c/p>\n\u003cp>These prosecutions may have political ramifications for district attorneys. In San Francisco, the \u003ca href=\"https://www.kqed.org/news/11904694/sf-police-commission-grills-police-chief-resolution-in-fight-with-da-remains-out-of-reach\">police chief recently moved to sever an agreement that allowed the DA’s office\u003c/a> to take the lead on police killings and use-of-force investigations, accusing Boudin’s office of violating the agreement by withholding information from the police department. The DA has denied violating the agreement.\u003c/p>\n\u003cp>“Public trust in law enforcement requires equal enforcement of the law,” Boudin said. “It requires that we dispassionately and neutrally look at police use-of-force cases and evaluate whether the force used was proportionate and lawful under the circumstances.”\u003c/p>\n\u003ch2>\u003cstrong>New evidence\u003c/strong>\u003c/h2>\n\u003cp>Another reason for the recent rise in police prosecutions, according to DeBerry, is the widespread adoption of body cameras and the ubiquity of bystanders recording video, yielding footage that can provide key evidence beyond the word of police officers.\u003c/p>\n\u003cp>All of the recent officer prosecutions in the Bay Area rely heavily on body camera footage.\u003c/p>\n\u003cp>During the trial of former Sonoma County Sheriff's Deputy Charles Blount, the jury was shown disturbing footage in which Blount reached through the window of David Ward’s car to try to pull him out, before repeatedly slamming Ward's head against the side of the vehicle.\u003c/p>\n\u003cp>Through the driver’s side window, Blount then wrapped his arms around Ward’s neck in an unorthodox hold — a maneuver that has since been banned in California — until Ward lost consciousness. Ward never woke up and was pronounced dead at a nearby hospital about an hour later.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Chesa Boudin, San Francisco district attorney\"]'Public trust in law enforcement requires equal enforcement of the law. It requires that we dispassionately and neutrally look at police use-of-force cases and evaluate whether the force used was proportionate and lawful under the circumstances.'[/pullquote]Officers began their seven-minute pursuit of Ward based on reports that the car he was driving had been stolen in an armed carjacking. But moments after the struggle, as Ward lay handcuffed and unresponsive on the ground, another deputy recognized him and told Blount that Ward was in fact the owner of the vehicle.\u003c/p>\n\u003cp>\"Oh, well,” Blount responded.\u003c/p>\n\u003cp>That’s when officers realized Ward had stopped breathing.\u003c/p>\n\u003cp>Ultimately, however, neither the graphic body camera footage nor expert testimony convinced the jury of Blount’s guilt. He was \u003ca href=\"https://www.kqed.org/news/11903907/former-sonoma-county-deputy-found-not-guilty-in-2019-death-of-disabled-man\">acquitted of all charges\u003c/a>.\u003c/p>\n\u003cp>Blount’s lawyer, Harry Stern, argued that Ward’s drug use and compromised health caused his death — although \u003ca href=\"https://www.kqed.org/news/11818476/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death\">the death was identified as a homicide\u003c/a> in the coroner’s report.\u003c/p>\n\u003cp>Civil rights attorney Izaak Schwaiger, who represented Ward’s family in a civil lawsuit, said the verdict grants law enforcement a “seal of approval” to act with impunity in Sonoma County. The county settled the civil case for $3.8 million.\u003c/p>\n\u003cp>“I'm afraid that here, Sonoma County is showing its true colors and that they're not ready for more progressive government, and they're not ready for accountability within law enforcement,” Schwaiger said.\u003c/p>\n\u003ch2>\u003cstrong>Under review\u003c/strong>\u003c/h2>\n\u003cp>On June 2, 2020, as protests against police brutality and the killing of Floyd and Breonna Taylor continued across the Bay Area, Vallejo Police Detective Jarrett Tonn shot and killed Sean Monterrosa outside a Walgreens. Monterrosa had a hammer in his sweatshirt pocket, which Tonn said he mistook for a gun.\u003c/p>\n\u003cp>Vallejo Police Chief Shawny Williams moved to fire Tonn in December after an independent investigation found that the shooting was not reasonable. The report said that the officers who drove up to the Walgreens to stop a potential burglary in progress didn’t have enough evidence that Monterrosa was a deadly threat. It also criticized the officers for rushing into the situation without a plan, creating a chain of events that led to the fatal shooting.\u003c/p>\n\u003cp>The Solano County district attorney declined to review the incident for criminal violations, which left the charging decision in the hands of state Attorney General Rob Bonta. His office is currently reviewing the case.\u003c/p>\n\u003cp>“For our family, what criminal charges for Jarrett Tonn would mean, you know, it's the bare minimum,” said Michelle Monterrosa, Sean’s sister.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"What was once fairly rare is becoming more common: police officers facing homicide charges for killing people while on duty.","status":"publish","parent":0,"modified":1645579352,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":56,"wordCount":2630},"headData":{"title":"More Bay Area Officers Are Being Prosecuted for Killing People. Does This Really Signal a Shift in Police Accountability? | KQED","description":"What was once fairly rare is becoming more common: police officers facing homicide charges for killing people while on duty.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"More Bay Area Officers Are Being Prosecuted for Killing People. Does This Really Signal a Shift in Police Accountability?","datePublished":"2022-02-22T22:31:37.000Z","dateModified":"2022-02-23T01:22:32.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11905820 https://ww2.kqed.org/news/?p=11905820","disqusUrl":"https://ww2.kqed.org/news/2022/02/22/more-bay-area-officers-are-being-prosecuted-for-killing-people-does-this-really-signal-a-shift-in-police-accountability/","disqusTitle":"More Bay Area Officers Are Being Prosecuted for Killing People. Does This Really Signal a Shift in Police Accountability?","excludeFromSiteSearch":"Include","path":"/news/11905820/more-bay-area-officers-are-being-prosecuted-for-killing-people-does-this-really-signal-a-shift-in-police-accountability","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Cleo Moore, wearing a faded T-shirt, answered the door of her Daly City home just south of San Francisco on a recent February afternoon.\u003c/p>\n\u003cp>The shirt had a screen-print photo of Sean Moore, her deceased youngest son, who is wearing a baseball uniform and posing in a batting stance.\u003c/p>\n\u003cp>“He’s a human being,” she said. “He wasn’t a dog to be shot down like he was shot down.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It really was not the central focus of most prosecutors' offices anywhere to think about, 'How well am I regulating police excessive use of force?' That was not a commonly held conversation in the profession.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Cristine Soto DeBerry, Prosecutors Alliance of California","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sean Moore was raised in a family of San Francisco public servants. Cleo, his mother, spent four decades as a nurse at San Francisco General Hospital. His father, the late Loyce Amos Moore, worked for Muni for 30 years. His older half-brother, Kenneth Blackmon, recently retired from the San Francisco Juvenile Probation Department after 20 years.\u003c/p>\n\u003cp>Cleo said she often worked alongside police officers and sheriff’s deputies at the hospital, and her father and brother were law enforcement officers in Texas.\u003c/p>\n\u003cp>“I’m not against police officers,” she said. “There’s a need for good police officers.”\u003c/p>\n\u003cp>But she is glad that over four years after her youngest son was shot by a San Francisco police officer, and a year after he died from complications of the gunshot wound, the officer was recently charged with manslaughter for his death.\u003c/p>\n\u003cp>“If it had been Sean that had done what this officer did, he wouldn’t see the light of day. He’s no different,” Cleo said.\u003c/p>\n\u003cp>The charges against San Francisco Police Officer Kenneth Cha for shooting Sean Moore are part of a new wave of police prosecutions in the Bay Area that come during a major shift in police accountability in California and the rest of the country. Before the 2020 public murder of George Floyd by Minneapolis police officer Derek Chauvin reignited a nationwide protest movement against police violence, it would have been unusual to see even one of these manslaughter cases brought to trial. These recent cases may chart the course for police prosecutions moving forward, setting new guardrails for officer use of force.\u003c/p>\n\u003cp>The facts of the five Bay Area cases charged since Floyd’s death vary. All concern killings that occurred before Floyd’s death, the earliest reaching back five years. Three of the people killed were Black men.\u003c/p>\n\u003cfigure id=\"attachment_11905905\" class=\"wp-caption alignright\" style=\"max-width: 2071px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png\">\u003cimg class=\"size-full wp-image-11905905\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png\" alt=\"A chart of recent cases against Bay Area police officers who killed suspects.\" width=\"2071\" height=\"1945\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png 2071w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--800x751.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1020x958.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--160x150.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1536x1443.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--2048x1923.png 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1920x1803.png 1920w\" sizes=\"(max-width: 2071px) 100vw, 2071px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Graphic by Sukey Lewis and Matthew Green/KQED\u003c/figcaption>\u003c/figure>\n\u003cul>\n\u003cli>San Leandro Police Officer Jason Fletcher tased and then shot Steven Taylor as he held a baseball bat inside a San Leandro Walmart in 2020.\u003c/li>\n\u003cli>Sonoma County Sheriff's Deputy Charles Blount choked David Ward through the window of his car after a chase in Sonoma County in 2019.\u003c/li>\n\u003cli>Contra Costa County Sheriff's Deputy Andrew Hall shot at Laudemer Arboleda eight times in 2018 as the man drove into a gap between two police cars and Hall ran into the vehicle’s path.\u003c/li>\n\u003cli>Rookie San Francisco Police Officer Christopher Samayoa fatally shot Keita O’Neil as he fled after allegedly stealing a lottery van in San Francisco in 2017.\u003c/li>\n\u003cli>San Francisco Police Officer Kenneth Cha shot Sean Moore in the stomach and the groin in 2017 after responding to a noise complaint at Moore’s home.\u003c/li>\n\u003c/ul>\n\u003cp>Cristine Soto DeBerry, executive director of the Prosecutors Alliance of California, a group that advocates for progressive criminal justice reforms, said many district attorneys are paying attention to police killings more closely than they ever have before.\u003c/p>\n\u003cp>“It really was not the central focus of most prosecutors’ offices anywhere to think about, ‘How well am I regulating police excessive use of force?’” DeBerry said. “That was not a commonly held conversation in the profession.”\u003c/p>\n\u003cp>Now, she says, it is.\u003c/p>\n\u003ch2>\u003cstrong>Necessary vs. reasonable \u003c/strong>\u003c/h2>\n\u003cp>Alameda County’s prosecution of San Leandro Police Officer Jason Fletcher is the singular Bay Area case that relies on \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB392\">Assembly Bill 392\u003c/a>, a 2020 state law that only justifies the use of deadly force when an officer believes, “based on the totality of the circumstances, that such force is necessary,” as opposed to the previous standard of “reasonable.”\u003c/p>\n\u003cp>The prosecution is widely seen as a test case for California’s new standard, which is the strictest in the country, and could inspire changes in other states.\u003c/p>\n\u003cp>On April 18, 2020, Fletcher responded to calls from a Walmart in San Leandro, reporting a man holding a baseball bat. Body camera footage showed the suspect, Steven Taylor, standing by shopping carts near the front of the store, still holding the bat, as Fletcher arrived at the scene, alone. Critically, Fletcher made the decision to move toward the 33-year-old Black man, telling him to “drop the bat,” and then trying to grab it from him.\u003c/p>\n\u003cp>“You're going to have to, you’re going to have to,” Taylor said, according to a bystander’s cellphone video of the incident.\u003c/p>\n\u003cp>Fletcher then tased Taylor twice, and then shot him once as he staggered forward.\u003c/p>\n\u003cp>Under the standard of the new law, a district attorney must consider the “totality of circumstances” leading up to the moment an officer shoots, including decisions the officer makes. Fletcher engaged Taylor without waiting for backup to arrive, and he failed to try to deescalate the situation, according to subsequent criminal and administrative investigations.\u003c/p>\n\u003cp>“He was comin’ to kill me,” Fletcher said, according to a partial transcript of his interview with criminal investigators that was made public. “He’s not coming to give me a hug. He’s not comin’ to say, ‘Hey, sorry about that.’ He’s got wires in him. I’ve shocked the shit out of him twice. I don’t know if he’s crazy. I don’t know if he’s on drugs. He’s comin’ to kill me. And I’m not gonna die in a fuckin’ Walmart.”\u003c/p>\n\u003cp>The Alameda County District Attorney’s Office investigation, however, found that Taylor “posed no threat of imminent deadly force or serious bodily injury to defendant Fletcher or anyone else in the store,” it said in a press release, announcing the decision to charge Taylor with voluntary manslaughter.\u003c/p>\n\u003cp>Fletcher has pleaded not guilty. His lawyer declined to comment for this story. A judge is expected to set a trial date in April.\u003c/p>\n\u003cp>While none of his deputies are charged, Alameda County Sheriff Greg Ahern said law enforcement leaders like him are paying close attention to the rise in officer prosecutions. He declined to comment directly on Fletcher’s case, but said those in law enforcement often evaluate fatal incidents differently from the public.\u003c/p>\n\u003cp>“It's difficult to get into that officer's mind unless you've actually been in law enforcement — if you haven't been in those dangers,” he said.\u003c/p>\n\u003ch2>Progressive prosecution\u003c/h2>\n\u003cp>On Nov. 3, 2018, Laudemer Arboleda fled from a traffic stop in the East Bay suburb of Danville. At the end of a low-speed car chase, he steered his car into a gap between two patrol cars. Contra Costa County Sheriff's Deputy Andrew Hall ran around the front of one of the cars, putting himself in the path of Arboleda’s slow-moving vehicle before shooting him nine times, killing him.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"police-killings"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>It wasn’t until April 21, 2021, that Contra Costa County District Attorney Diana Becton filed charges against Hall, the same day the sheriff’s office released video of Hall fatally shooting another man, Tyrell Wilson, the month before. Becton, a member of DeBerry’s progressive Prosecutors Alliance, announced charges against Hall the day after Derek Chauvin was convicted of murdering George Floyd in Minneapolis.\u003c/p>\n\u003cp>“Officer Hall’s actions underscore the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness,” Becton said in her charging announcement.\u003c/p>\n\u003cp>She did not respond to emails requesting comment for this story.\u003c/p>\n\u003cp>Although national data is unreliable, research from the national Treatment Advocacy Center, a mental health advocacy group, estimates that \u003ca href=\"https://www.treatmentadvocacycenter.org/overlooked-in-the-undercounted\">people with a serious mental illness are 16 times more likely to be killed in encounters with law enforcement\u003c/a>. In some cities, as many as \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">half of the people shot and killed by police are experiencing a psychiatric crisis\u003c/a>.\u003c/p>\n\u003cp>In four of the five Bay Area cases that have recently been prosecuted, the person killed was determined to be experiencing psychiatric distress or suffering from ongoing mental illness.\u003c/p>\n\u003cp>The jury found Hall guilty of assault with a firearm but deadlocked on the higher charge of voluntary manslaughter. Still, Hall faces up to 17 years in prison, with sentencing scheduled for early March. Hall’s lawyer declined to comment for this story.\u003c/p>\n\u003cp>San Francisco District Attorney Chesa Boudin, also a member of the Prosecutors Alliance, has filed charges against two officers for killing Black men who were not armed. Statistics collected by The Washington Post show that \u003ca href=\"https://www.washingtonpost.com/graphics/investigations/police-shootings-database/?itid=lb_police-reform-in-america_2\">Black people in the U.S. are fatally shot by police at more than twice the rate of white people\u003c/a>.\u003c/p>\n\u003cp>Christopher Samayoa, the San Francisco police officer who fatally shot 42-year-old Keita O'Neil on Dec. 1, 2017, faces manslaughter and assault charges. The incident occurred after O’Neil, who was later found to be unarmed, ditched a state lottery van he’d allegedly stolen and started running. As O'Neil tried to flee, Samayoa shot at him through the passenger window of his police car.\u003c/p>\n\u003cp>The police department fired Samayoa, still a probationary officer, in early 2018. His lawyer declined to comment for this story.\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>Kenneth Cha, the other officer charged by Boudin, shot Sean Moore on Jan. 6, 2017, after responding to a neighbor’s noise complaint. From behind a metal door grate, Moore told Cha and his partner to leave and shouted obscenities at them, body camera video of the incident shows. The two officers then retreated, but subsequently climbed back up the steps and tried to detain Moore when he opened the door to pick something up outside. When Moore began to fight with the officers, Cha fired twice, hitting him in the stomach and the groin.\u003c/p>\n\u003cp>Boudin charges that officers overstepped their legal authority when they went back up the steps to Moore’s residence after being told to leave. Cha’s lawyer did not respond to requests for comment.\u003c/p>\n\u003cp>“You know, we have a right,” Moore’s mother, Cleo, said. “We're Black, but we have a right. We are honest, working people. My son had a nice, honest education. He can't control that he had a mental illness.”\u003c/p>\n\u003cp>Moore, who was diagnosed with schizophrenia, died in San Quentin State Prison in 2020, where he was serving time on unrelated charges. The coroner found that complications from the 3-year-old gunshot wound caused Moore’s death.\u003c/p>\n\u003cp>These prosecutions may have political ramifications for district attorneys. In San Francisco, the \u003ca href=\"https://www.kqed.org/news/11904694/sf-police-commission-grills-police-chief-resolution-in-fight-with-da-remains-out-of-reach\">police chief recently moved to sever an agreement that allowed the DA’s office\u003c/a> to take the lead on police killings and use-of-force investigations, accusing Boudin’s office of violating the agreement by withholding information from the police department. The DA has denied violating the agreement.\u003c/p>\n\u003cp>“Public trust in law enforcement requires equal enforcement of the law,” Boudin said. “It requires that we dispassionately and neutrally look at police use-of-force cases and evaluate whether the force used was proportionate and lawful under the circumstances.”\u003c/p>\n\u003ch2>\u003cstrong>New evidence\u003c/strong>\u003c/h2>\n\u003cp>Another reason for the recent rise in police prosecutions, according to DeBerry, is the widespread adoption of body cameras and the ubiquity of bystanders recording video, yielding footage that can provide key evidence beyond the word of police officers.\u003c/p>\n\u003cp>All of the recent officer prosecutions in the Bay Area rely heavily on body camera footage.\u003c/p>\n\u003cp>During the trial of former Sonoma County Sheriff's Deputy Charles Blount, the jury was shown disturbing footage in which Blount reached through the window of David Ward’s car to try to pull him out, before repeatedly slamming Ward's head against the side of the vehicle.\u003c/p>\n\u003cp>Through the driver’s side window, Blount then wrapped his arms around Ward’s neck in an unorthodox hold — a maneuver that has since been banned in California — until Ward lost consciousness. Ward never woke up and was pronounced dead at a nearby hospital about an hour later.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Public trust in law enforcement requires equal enforcement of the law. It requires that we dispassionately and neutrally look at police use-of-force cases and evaluate whether the force used was proportionate and lawful under the circumstances.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Chesa Boudin, San Francisco district attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Officers began their seven-minute pursuit of Ward based on reports that the car he was driving had been stolen in an armed carjacking. But moments after the struggle, as Ward lay handcuffed and unresponsive on the ground, another deputy recognized him and told Blount that Ward was in fact the owner of the vehicle.\u003c/p>\n\u003cp>\"Oh, well,” Blount responded.\u003c/p>\n\u003cp>That’s when officers realized Ward had stopped breathing.\u003c/p>\n\u003cp>Ultimately, however, neither the graphic body camera footage nor expert testimony convinced the jury of Blount’s guilt. He was \u003ca href=\"https://www.kqed.org/news/11903907/former-sonoma-county-deputy-found-not-guilty-in-2019-death-of-disabled-man\">acquitted of all charges\u003c/a>.\u003c/p>\n\u003cp>Blount’s lawyer, Harry Stern, argued that Ward’s drug use and compromised health caused his death — although \u003ca href=\"https://www.kqed.org/news/11818476/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death\">the death was identified as a homicide\u003c/a> in the coroner’s report.\u003c/p>\n\u003cp>Civil rights attorney Izaak Schwaiger, who represented Ward’s family in a civil lawsuit, said the verdict grants law enforcement a “seal of approval” to act with impunity in Sonoma County. The county settled the civil case for $3.8 million.\u003c/p>\n\u003cp>“I'm afraid that here, Sonoma County is showing its true colors and that they're not ready for more progressive government, and they're not ready for accountability within law enforcement,” Schwaiger said.\u003c/p>\n\u003ch2>\u003cstrong>Under review\u003c/strong>\u003c/h2>\n\u003cp>On June 2, 2020, as protests against police brutality and the killing of Floyd and Breonna Taylor continued across the Bay Area, Vallejo Police Detective Jarrett Tonn shot and killed Sean Monterrosa outside a Walgreens. Monterrosa had a hammer in his sweatshirt pocket, which Tonn said he mistook for a gun.\u003c/p>\n\u003cp>Vallejo Police Chief Shawny Williams moved to fire Tonn in December after an independent investigation found that the shooting was not reasonable. The report said that the officers who drove up to the Walgreens to stop a potential burglary in progress didn’t have enough evidence that Monterrosa was a deadly threat. It also criticized the officers for rushing into the situation without a plan, creating a chain of events that led to the fatal shooting.\u003c/p>\n\u003cp>The Solano County district attorney declined to review the incident for criminal violations, which left the charging decision in the hands of state Attorney General Rob Bonta. His office is currently reviewing the case.\u003c/p>\n\u003cp>“For our family, what criminal charges for Jarrett Tonn would mean, you know, it's the bare minimum,” said Michelle Monterrosa, Sean’s sister.\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11905820/more-bay-area-officers-are-being-prosecuted-for-killing-people-does-this-really-signal-a-shift-in-police-accountability","authors":["8676","3206"],"categories":["news_6188","news_8","news_13"],"tags":["news_17725","news_27626","news_3156","news_116","news_28089","news_4379"],"featImg":"news_11905875","label":"news"},"news_11900313":{"type":"posts","id":"news_11900313","meta":{"index":"posts_1591205157","site":"news","id":"11900313","score":null,"sort":[1640743216000]},"guestAuthors":[],"slug":"i-dont-have-words-to-describe-this-pain-family-of-14-year-old-killed-by-lapd-remember-their-daughter-call-for-justice","title":"'I Don't Have Words to Describe This Pain': Family of 14-Year-Old Killed by LAPD Remember Their Daughter, Call for Justice","publishDate":1640743216,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A 14-year-old was shopping for Christmas clothes last week with her mother when the pair heard screams and hid in a dressing room, where the girl was \u003ca href=\"https://www.npr.org/2021/12/24/1067766921/l-a-police-kill-teenage-girl-while-firing-on-male-suspect-in-clothing-store-shoo\">fatally shot by a Los Angeles police officer\u003c/a>, who fired a rifle at a suspect, piercing a wall with a bullet, the family said at a press conference Tuesday.\u003c/p>\n\u003cp>Valentina Orellana-Peralta died in her mother’s arms last Thursday at a Burlington store in the San Fernando Valley's North Hollywood neighborhood. Her family said the teen loved skateboarding and had dreams of becoming an engineer to build robots.\u003c/p>\n\u003cp>After screams broke out in the store the day before Christmas Eve, the teenager locked the dressing room door.\u003c/p>\n\u003cp>“We sat down on a seat, holding each other, praying, when something hit my daughter, Valentina, and threw us to the floor,” Soledad Peralta said Tuesday. \"And my daughter died in my arms. I couldn’t do anything.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Juan Pablo Orellana Larenas, father of Valentina Orellana-Peralta\"]'I don't have words to describe this pain, what I'm feeling, especially during this special time when my daughter had asked me for gifts that I cannot open with her.'[/pullquote]The teen's family stood outside the Los Angeles Police Department headquarters, next to a large photo of Orellana-Peralta wreathed in flowers, to call for justice and remember their daughter. Speaking in Spanish and choking back tears, they said they had left Chile to get away from violence and injustice in search of a better life in the U.S.\u003c/p>\n\u003cp>Juan Pablo Orellana Larenas, Valentina's father, learned of the shooting on the night of Dec. 23 after his wife called him. He said he cannot sleep because his daughter shows up in his dreams. He had bought her a skateboard as a Christmas present, a gift he will never get to give her.\u003c/p>\n\u003cp>\"I don't have words to describe this pain, what I'm feeling, especially during this special time when my daughter had asked me for gifts that I cannot open with her,\" he said, \"but instead will have to keep them so I can give them to her at her grave.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The LAPD on Monday posted an edited video package online that included 911 calls, radio transmissions, body camera footage and surveillance video from the Thursday shooting. The department’s policy is to release video from critical incidents, such as police shootings, within 45 days.\u003c/p>\n\u003cp>\u003cem>Due to its extremely graphic nature, and out of consideration for our communities, KQED has decided not to embed the video of the violence at the Los Angeles Burlington store. For those who wish to watch it in full, \u003ca href=\"https://www.youtube.com/watch?v=bjcdanUhmSY\">it is available here\u003c/a>. \u003c/em>\u003c/p>\n\u003cp>The family's attorneys — including \u003ca href=\"https://odi.osu.edu/about-ben-crump\">civil rights lawyer Ben Crump\u003c/a>, who has represented the families of Trayvon Martin, Michael Brown and Stephon Clark — have sent a letter to the LAPD asking for more video.\u003c/p>\n\u003cp>https://twitter.com/eedugdale/status/1475900456064860164\u003c/p>\n\u003cp>Multiple people including store employees called police to report a man striking customers with a bike lock. One caller told a 911 dispatcher that the man had a gun. No firearm — only the bike lock — was recovered at the scene.\u003c/p>\n\u003cp>Surveillance video shows a man in a tank top and shorts carrying a bicycle up the store's escalator to the second floor, where he wanders around, seemingly disoriented, clutching a cable-style bike lock. At times he stands motionless, staring into the distance.\u003c/p>\n\u003cp>The footage later shows the man on the down escalator attacking a woman, who manages to escape his grip and run out of the store.\u003c/p>\n\u003cp>The man then left the store for a minute and a half, police said.\u003c/p>\n\u003cp>After he returns, according to the video, he repeatedly attacks a second woman, this time beating her with a bike lock while she cowers on the floor. As she tries to escape, he drags her through an aisle toward the dressing rooms.\u003c/p>\n\u003cp>Orellana-Peralta’s mother, Soledad Peralta, said they were in a dressing room shopping for Christmas clothes when they heard screaming. The teenager locked the door and they prayed together.\u003c/p>\n\u003cp>In bodycam video, a group of armed officers enters the store and approaches the suspect. One holds a rifle and pushes to the front of the pack as the officers go through the store in formation.\u003c/p>\n\u003cp>Other officers repeatedly say “slow down” and “slow it down” as the officer with the rifle moves forward.\u003c/p>\n\u003cp>“She’s bleeding!” an officer shouts as they encounter the woman who has been beaten crawling on the blood-stained floor. The suspect is on the other side of the aisle.\u003c/p>\n\u003cp>“Hold up! Hold up!” another officer screams just before three shots ring out.\u003c/p>\n\u003cp>The officer holding the rifle fired, police said.\u003c/p>\n\u003cp>The 24-year-old suspect, Daniel Elena Lopez, died at the scene. Soledad Peralta's screams can be heard in the video.\u003c/p>\n\u003cp>\"At this preliminary phase of the investigation, it is believed that the victim was struck by one of the rounds fired by an officer at the suspect,\" police Capt. Stacy Spell said in the posted video. Police believe the bullet skipped off the floor and pierced the dressing room wall.\u003c/p>\n\u003ch3>Investigation could take a year or longer\u003c/h3>\n\u003cp>The investigation is just beginning and could take up to a year or more to complete, Spell said. The California Department of Justice is also investigating.\u003c/p>\n\u003cp>\"We at the LAPD would like to express our most heartfelt condolences and profound regret for the loss of this innocent victim, Valentina Orellana-Peralta. There are no words that can describe the depth of the sorrow we feel at this tragic outcome,\" Spell said in the video.\u003c/p>\n\u003cp>LAPD officers have shot people 38 people — 18 of them fatally, including the shooting Sunday of a man with a knife — in 2021, according to \u003ca href=\"https://www.latimes.com/california/newsletter/2021-12-27/los-angeles-police-department-fatal-shootings-by-the-numbers-essential-california\">The Los Angeles Times\u003c/a>.\u003c/p>\n\u003cp>One of the family's attorneys, Crump, said Tuesday, \"We should not have to sacrifice innocent life in the name of safety when it was foreseeable that two days before Christmas that there were going to be people in a shopping plaza, shopping. The family thinks things could have been done differently so that Valentina wouldn't have been collateral damage.\"\u003c/p>\n\u003cp>https://twitter.com/eedugdale/status/1475892290140794892\u003c/p>\n\u003cp>Mourners left flowers and a votive candle outside the store on Christmas in a memorial for Orellana-Peralta. Her family said she earned good grades, even though English was her second language and she'd only been in the U.S. for about six months. Her father, Orellana Larenas, said his daughter valued how safe she imagined the U.S. to be.\u003c/p>\n\u003cp>\"All she wanted is to be an American citizen. I had told her that we should leave this country and she told me, 'No, Daddy, this is the safest country in the world, the land of opportunity,'\" he said. \"My daughter was killed by these assassins from the U.S. That's what my daughter ended up finding here, death.\"\u003c/p>\n\u003cp>[aside tag=\"police\" label=\"More criminal justice coverage\"]The LA Times reported that Elena Lopez’s previous criminal history includes convictions for car theft, carrying a loaded gun in public and carrying a gun as a felon. He was transferred to the Los Angeles County jail to the custody of the state prison system but a spokesperson for the corrections department would not release his commitment history to the Times because of the LAPD investigation.\u003c/p>\n\u003cp>The woman who was assaulted had moderate to serious injuries, including wounds to her head, arms and face. She has not been named publicly.\u003c/p>\n\u003cp>LAPD officers also killed a bystander in 2018, during a gunfight with a suspect at a Trader Joe’s market. Police fatally shot Melyda Corado, 27, the assistant store manager, as she ran toward the store’s entrance. Prosecutors found two police officers acted lawfully when they returned the suspect's gunfire.\u003c/p>\n\u003cp>\u003cem>KQED's Carlos Cabrera-Lomelí and Joe Fitzgerald Rodriguez contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Valentina Orellana-Peralta died in her mother's arms after being struck by a bullet an officer fired at a suspect in a clothing store. Her family said the teen loved skateboarding and had dreams of becoming an engineer to build robots.","status":"publish","parent":0,"modified":1640743216,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1365},"headData":{"title":"'I Don't Have Words to Describe This Pain': Family of 14-Year-Old Killed by LAPD Remember Their Daughter, Call for Justice | KQED","description":"Valentina Orellana-Peralta died in her mother's arms after being struck by a bullet an officer fired at a suspect in a clothing store. Her family said the teen loved skateboarding and had dreams of becoming an engineer to build robots.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'I Don't Have Words to Describe This Pain': Family of 14-Year-Old Killed by LAPD Remember Their Daughter, Call for Justice","datePublished":"2021-12-29T02:00:16.000Z","dateModified":"2021-12-29T02:00:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11900313 https://ww2.kqed.org/news/?p=11900313","disqusUrl":"https://ww2.kqed.org/news/2021/12/28/i-dont-have-words-to-describe-this-pain-family-of-14-year-old-killed-by-lapd-remember-their-daughter-call-for-justice/","disqusTitle":"'I Don't Have Words to Describe This Pain': Family of 14-Year-Old Killed by LAPD Remember Their Daughter, Call for Justice","nprByline":"Stefanie Dazio, Christopher Weber and Morgan Lee \u003cbr> The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11900313/i-dont-have-words-to-describe-this-pain-family-of-14-year-old-killed-by-lapd-remember-their-daughter-call-for-justice","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A 14-year-old was shopping for Christmas clothes last week with her mother when the pair heard screams and hid in a dressing room, where the girl was \u003ca href=\"https://www.npr.org/2021/12/24/1067766921/l-a-police-kill-teenage-girl-while-firing-on-male-suspect-in-clothing-store-shoo\">fatally shot by a Los Angeles police officer\u003c/a>, who fired a rifle at a suspect, piercing a wall with a bullet, the family said at a press conference Tuesday.\u003c/p>\n\u003cp>Valentina Orellana-Peralta died in her mother’s arms last Thursday at a Burlington store in the San Fernando Valley's North Hollywood neighborhood. Her family said the teen loved skateboarding and had dreams of becoming an engineer to build robots.\u003c/p>\n\u003cp>After screams broke out in the store the day before Christmas Eve, the teenager locked the dressing room door.\u003c/p>\n\u003cp>“We sat down on a seat, holding each other, praying, when something hit my daughter, Valentina, and threw us to the floor,” Soledad Peralta said Tuesday. \"And my daughter died in my arms. I couldn’t do anything.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I don't have words to describe this pain, what I'm feeling, especially during this special time when my daughter had asked me for gifts that I cannot open with her.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Juan Pablo Orellana Larenas, father of Valentina Orellana-Peralta","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The teen's family stood outside the Los Angeles Police Department headquarters, next to a large photo of Orellana-Peralta wreathed in flowers, to call for justice and remember their daughter. Speaking in Spanish and choking back tears, they said they had left Chile to get away from violence and injustice in search of a better life in the U.S.\u003c/p>\n\u003cp>Juan Pablo Orellana Larenas, Valentina's father, learned of the shooting on the night of Dec. 23 after his wife called him. He said he cannot sleep because his daughter shows up in his dreams. He had bought her a skateboard as a Christmas present, a gift he will never get to give her.\u003c/p>\n\u003cp>\"I don't have words to describe this pain, what I'm feeling, especially during this special time when my daughter had asked me for gifts that I cannot open with her,\" he said, \"but instead will have to keep them so I can give them to her at her grave.\"\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>The LAPD on Monday posted an edited video package online that included 911 calls, radio transmissions, body camera footage and surveillance video from the Thursday shooting. The department’s policy is to release video from critical incidents, such as police shootings, within 45 days.\u003c/p>\n\u003cp>\u003cem>Due to its extremely graphic nature, and out of consideration for our communities, KQED has decided not to embed the video of the violence at the Los Angeles Burlington store. For those who wish to watch it in full, \u003ca href=\"https://www.youtube.com/watch?v=bjcdanUhmSY\">it is available here\u003c/a>. \u003c/em>\u003c/p>\n\u003cp>The family's attorneys — including \u003ca href=\"https://odi.osu.edu/about-ben-crump\">civil rights lawyer Ben Crump\u003c/a>, who has represented the families of Trayvon Martin, Michael Brown and Stephon Clark — have sent a letter to the LAPD asking for more video.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1475900456064860164"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Multiple people including store employees called police to report a man striking customers with a bike lock. One caller told a 911 dispatcher that the man had a gun. No firearm — only the bike lock — was recovered at the scene.\u003c/p>\n\u003cp>Surveillance video shows a man in a tank top and shorts carrying a bicycle up the store's escalator to the second floor, where he wanders around, seemingly disoriented, clutching a cable-style bike lock. At times he stands motionless, staring into the distance.\u003c/p>\n\u003cp>The footage later shows the man on the down escalator attacking a woman, who manages to escape his grip and run out of the store.\u003c/p>\n\u003cp>The man then left the store for a minute and a half, police said.\u003c/p>\n\u003cp>After he returns, according to the video, he repeatedly attacks a second woman, this time beating her with a bike lock while she cowers on the floor. As she tries to escape, he drags her through an aisle toward the dressing rooms.\u003c/p>\n\u003cp>Orellana-Peralta’s mother, Soledad Peralta, said they were in a dressing room shopping for Christmas clothes when they heard screaming. The teenager locked the door and they prayed together.\u003c/p>\n\u003cp>In bodycam video, a group of armed officers enters the store and approaches the suspect. One holds a rifle and pushes to the front of the pack as the officers go through the store in formation.\u003c/p>\n\u003cp>Other officers repeatedly say “slow down” and “slow it down” as the officer with the rifle moves forward.\u003c/p>\n\u003cp>“She’s bleeding!” an officer shouts as they encounter the woman who has been beaten crawling on the blood-stained floor. The suspect is on the other side of the aisle.\u003c/p>\n\u003cp>“Hold up! Hold up!” another officer screams just before three shots ring out.\u003c/p>\n\u003cp>The officer holding the rifle fired, police said.\u003c/p>\n\u003cp>The 24-year-old suspect, Daniel Elena Lopez, died at the scene. Soledad Peralta's screams can be heard in the video.\u003c/p>\n\u003cp>\"At this preliminary phase of the investigation, it is believed that the victim was struck by one of the rounds fired by an officer at the suspect,\" police Capt. Stacy Spell said in the posted video. Police believe the bullet skipped off the floor and pierced the dressing room wall.\u003c/p>\n\u003ch3>Investigation could take a year or longer\u003c/h3>\n\u003cp>The investigation is just beginning and could take up to a year or more to complete, Spell said. The California Department of Justice is also investigating.\u003c/p>\n\u003cp>\"We at the LAPD would like to express our most heartfelt condolences and profound regret for the loss of this innocent victim, Valentina Orellana-Peralta. There are no words that can describe the depth of the sorrow we feel at this tragic outcome,\" Spell said in the video.\u003c/p>\n\u003cp>LAPD officers have shot people 38 people — 18 of them fatally, including the shooting Sunday of a man with a knife — in 2021, according to \u003ca href=\"https://www.latimes.com/california/newsletter/2021-12-27/los-angeles-police-department-fatal-shootings-by-the-numbers-essential-california\">The Los Angeles Times\u003c/a>.\u003c/p>\n\u003cp>One of the family's attorneys, Crump, said Tuesday, \"We should not have to sacrifice innocent life in the name of safety when it was foreseeable that two days before Christmas that there were going to be people in a shopping plaza, shopping. The family thinks things could have been done differently so that Valentina wouldn't have been collateral damage.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1475892290140794892"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Mourners left flowers and a votive candle outside the store on Christmas in a memorial for Orellana-Peralta. Her family said she earned good grades, even though English was her second language and she'd only been in the U.S. for about six months. Her father, Orellana Larenas, said his daughter valued how safe she imagined the U.S. to be.\u003c/p>\n\u003cp>\"All she wanted is to be an American citizen. I had told her that we should leave this country and she told me, 'No, Daddy, this is the safest country in the world, the land of opportunity,'\" he said. \"My daughter was killed by these assassins from the U.S. That's what my daughter ended up finding here, death.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police","label":"More criminal justice coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The LA Times reported that Elena Lopez’s previous criminal history includes convictions for car theft, carrying a loaded gun in public and carrying a gun as a felon. He was transferred to the Los Angeles County jail to the custody of the state prison system but a spokesperson for the corrections department would not release his commitment history to the Times because of the LAPD investigation.\u003c/p>\n\u003cp>The woman who was assaulted had moderate to serious injuries, including wounds to her head, arms and face. She has not been named publicly.\u003c/p>\n\u003cp>LAPD officers also killed a bystander in 2018, during a gunfight with a suspect at a Trader Joe’s market. Police fatally shot Melyda Corado, 27, the assistant store manager, as she ran toward the store’s entrance. Prosecutors found two police officers acted lawfully when they returned the suspect's gunfire.\u003c/p>\n\u003cp>\u003cem>KQED's Carlos Cabrera-Lomelí and Joe Fitzgerald Rodriguez contributed to this report.\u003c/em>\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\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11900313/i-dont-have-words-to-describe-this-pain-family-of-14-year-old-killed-by-lapd-remember-their-daughter-call-for-justice","authors":["byline_news_11900313"],"categories":["news_8","news_13"],"tags":["news_30447","news_30446","news_18538","news_17725","news_30442","news_1470","news_30443","news_6104","news_20038","news_116","news_4379"],"featImg":"news_11900376","label":"news"}},"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. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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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. 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