Governor Vetoes Bill That Sought Independence in Death Investigations
Sheriff Accused of Interfering in Death Investigations Loses Re-Election Bid
San Joaquin County Sheriff Stripped of Role in Death Investigations
Reversal on Death Ruling for Man Killed by Police Raises Doubts in San Joaquin County
Pathologists Say San Joaquin Sheriff's Meddling Could Have Compromised Murder Cases
The Officer Tased Him 31 Times; the Sheriff Called His Death an Accident
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Murrow award for continuing coverage of the Trump Administration's family separation policy.\r\n\r\nThe Society for Professional Journalists recognized Julie's 2018 \u003ca href=\"https://www.kqed.org/news/11636262/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident\">reporting\u003c/a> on the San Joaquin County Sheriff's \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\">interference\u003c/a> in death investigations with an Excellence in Journalism Award for Ongoing Coverage.\r\n\r\nJulie's\u003ca href=\"https://www.kqed.org/news/11039666/two-mentally-ill-inmates-died-one-month-in-santa-clara\"> reporting\u003c/a> with Lisa Pickoff-White on the treatment of mentally ill offenders in California jails earned a 2017 regional Edward R. Murrow Award for news reporting and an investigative reporting award from the SPJ of Northern California.\r\n\r\nBefore joining KQED, Julie covered government and politics in Sacramento for Southern California Public Radio (SCPR). Her 2010 \u003ca href=\"https://www.scpr.org/specials/prisonmedical/\">series\u003c/a> on lapses in California’s prison medical care also won a regional Edward R. Murrow Award for investigative reporting and a Golden Mic Award from the RTNDA of Southern California.\r\n\r\nJulie began her career in journalism in 2000 as the deputy foreign editor for public radio's \u003cem>Marketplace, \u003c/em>while earning her master's degree in journalism from USC’s Annenberg School of Communication.","avatar":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twitter":"@SmallRadio2","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["author"]}],"headData":{"title":"Julie Small | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jsmall"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11693911":{"type":"posts","id":"news_11693911","meta":{"index":"posts_1591205157","site":"news","id":"11693911","score":null,"sort":[1537572166000]},"guestAuthors":[],"slug":"governor-vetoes-bill-that-sought-independence-in-death-investigations","title":"Governor Vetoes Bill That Sought Independence in Death Investigations","publishDate":1537572166,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Gov. Jerry Brown vetoed a bill Tuesday that would have required six counties in California to change how they investigate sudden, suspicious or violent deaths, including deaths that happen during arrest or in jail or prison.\u003c/p>\n\u003cp>State Senate Bill \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1303\" target=\"_blank\" rel=\"noopener\">1303\u003c/a> would have forced non-charter counties with more than 500,000 residents to establish a medical examiner’s office to investigate deaths.\u003c/p>\n\u003cp>But in his Sept. 18 veto \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2018/09/SB-1303-Veto-Message.pdf\" target=\"_blank\" rel=\"noopener\">message\u003c/a>, Brown wrote, “Counties have several options when delivering coroner services to the public. This decision is best left to the discretion of local elected officials who are in the best position to determine how their county offices are organized.”\u003c/p>\n\u003cp>The bill’s author, state Sen. Richard Pan, \u003ca href=\"https://sd06.senate.ca.gov/news/2018-09-19-governor-vetoes-senate-bill-1303-which-would-have-required-medical-experts-conduct\" target=\"_blank\" rel=\"noopener\">responded\u003c/a> Wednesday, “I am disappointed in the veto because it would have been an important step in ensuring the integrity of autopsy reports and achieving justice for people across California.”\u003c/p>\n\u003cp>In seven of California's largest counties — including San Francisco, Santa Clara and San Diego — a medical examiner, who is also a physician, investigates deaths. In the majority of other counties, that job falls to a \u003ca href=\"https://www.kqed.org/news/11670624/coroner-training-seeks-to-raise-standards-for-california-death-investigations\" target=\"_blank\" rel=\"noopener\">coroner\u003c/a>, who is also the elected sheriff.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dr. Pan, a pediatrician, believes that having the sheriff-coroner investigate deaths involving officers is a conflict of interest.\u003c/p>\n\u003cp>“Because of that, they can influence the findings of the autopsy,” Pan said. “They can even modify the reports.”\u003c/p>\n\u003cp>Pan introduced SB 1303 in response to accusations late last year that a county sheriff had in fact meddled in death investigations and altered findings.\u003c/p>\n\u003cp>\u003cstrong>Death Investigation Scandal in San Joaquin County\u003c/strong>\u003c/p>\n\u003cp>The chief forensic pathologist for San Joaquin County, Dr. Bennet Omalu, \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\" target=\"_blank\" rel=\"noopener\">accused\u003c/a> Sheriff Steve Moore of overriding autopsy findings in cases where an officer of the law appeared to have killed someone.\u003c/p>\n\u003cp>Omalu, known for his discovery of the debilitating brain disease CTE in professional football players, resigned from his position as chief forensic pathologist Dec. 4, after a decade holding the position.\u003c/p>\n\u003cp>Among the reasons he said he could no longer work for Moore were several instances where he had determined a person’s death was a homicide, only to watch Moore override his findings and label the death an accident.\u003c/p>\n\u003cp>Omalu testified in support of Pan's bill, which was sponsored by the California Medical Association. The \u003ca href=\"https://www.calsheriffs.org/about-us/about-cssa-our-mission.html\" target=\"_blank\" rel=\"noopener\">California State Sheriffs' Association\u003c/a>, currently led by Moore, opposed the measure as costly and unnecessary, and the California State Association of Counties objected to the measure's interference with local autonomy.\u003c/p>\n\u003cp>While the legislation ultimately failed, San Joaquin County supervisors moved to \u003ca href=\"https://www.kqed.org/news/11664465/san-joaquin-county-sheriff-stripped-of-role-in-death-investigations\" target=\"_blank\" rel=\"noopener\">strip\u003c/a> the sheriff of his coroner duties and establish an independent medical examiner’s office. That effort is ongoing.\u003c/p>\n\u003cp>Moore \u003ca href=\"https://www.kqed.org/news/11672974/sheriff-accused-of-interfering-in-death-investigations-loses-re-election-bid\" target=\"_blank\" rel=\"noopener\">lost\u003c/a> his re-election in June.\u003c/p>\n\u003cp>Omalu recently opened new \u003ca href=\"https://www.bennetomalu.com/\" target=\"_blank\" rel=\"noopener\">offices\u003c/a> and is providing autopsies for several local entities and expert witness testimony in cases throughout the U.S.\u003c/p>\n\u003cp>Pan plans to keep trying to improve death investigations in California. Contrary to the governor’s veto message, the senator thinks that local officials are unlikely to challenge the sheriff-coroner system.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Sheriffs have tremendous political power in counties,” Pan said. “That’s why many counties have been very slow to address this issue.”\u003c/p>\n\n","blocks":[],"excerpt":"The bill that would have separated suspicious death investigations from county sheriffs was vetoed, despite revelations that a sheriff meddled with autopsy findings involving deaths at the hands of law enforcement.","status":"publish","parent":0,"modified":1537573206,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":548},"headData":{"title":"Governor Vetoes Bill That Sought Independence in Death Investigations | KQED","description":"The bill that would have separated suspicious death investigations from county sheriffs was vetoed, despite revelations that a sheriff meddled with autopsy findings involving deaths at the hands of law enforcement.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Governor Vetoes Bill That Sought Independence in Death Investigations","datePublished":"2018-09-21T23:22:46.000Z","dateModified":"2018-09-21T23:40:06.000Z","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":"11693911 https://ww2.kqed.org/news/?p=11693911","disqusUrl":"https://ww2.kqed.org/news/2018/09/21/governor-vetoes-bill-that-sought-independence-in-death-investigations/","disqusTitle":"Governor Vetoes Bill That Sought Independence in Death Investigations","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/09/SmallSheriffCoronerVetoTCRAM180919.mp3","audioTrackLength":116,"path":"/news/11693911/governor-vetoes-bill-that-sought-independence-in-death-investigations","audioDuration":130000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Jerry Brown vetoed a bill Tuesday that would have required six counties in California to change how they investigate sudden, suspicious or violent deaths, including deaths that happen during arrest or in jail or prison.\u003c/p>\n\u003cp>State Senate Bill \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1303\" target=\"_blank\" rel=\"noopener\">1303\u003c/a> would have forced non-charter counties with more than 500,000 residents to establish a medical examiner’s office to investigate deaths.\u003c/p>\n\u003cp>But in his Sept. 18 veto \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2018/09/SB-1303-Veto-Message.pdf\" target=\"_blank\" rel=\"noopener\">message\u003c/a>, Brown wrote, “Counties have several options when delivering coroner services to the public. This decision is best left to the discretion of local elected officials who are in the best position to determine how their county offices are organized.”\u003c/p>\n\u003cp>The bill’s author, state Sen. Richard Pan, \u003ca href=\"https://sd06.senate.ca.gov/news/2018-09-19-governor-vetoes-senate-bill-1303-which-would-have-required-medical-experts-conduct\" target=\"_blank\" rel=\"noopener\">responded\u003c/a> Wednesday, “I am disappointed in the veto because it would have been an important step in ensuring the integrity of autopsy reports and achieving justice for people across California.”\u003c/p>\n\u003cp>In seven of California's largest counties — including San Francisco, Santa Clara and San Diego — a medical examiner, who is also a physician, investigates deaths. In the majority of other counties, that job falls to a \u003ca href=\"https://www.kqed.org/news/11670624/coroner-training-seeks-to-raise-standards-for-california-death-investigations\" target=\"_blank\" rel=\"noopener\">coroner\u003c/a>, who is also the elected sheriff.\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>Dr. Pan, a pediatrician, believes that having the sheriff-coroner investigate deaths involving officers is a conflict of interest.\u003c/p>\n\u003cp>“Because of that, they can influence the findings of the autopsy,” Pan said. “They can even modify the reports.”\u003c/p>\n\u003cp>Pan introduced SB 1303 in response to accusations late last year that a county sheriff had in fact meddled in death investigations and altered findings.\u003c/p>\n\u003cp>\u003cstrong>Death Investigation Scandal in San Joaquin County\u003c/strong>\u003c/p>\n\u003cp>The chief forensic pathologist for San Joaquin County, Dr. Bennet Omalu, \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\" target=\"_blank\" rel=\"noopener\">accused\u003c/a> Sheriff Steve Moore of overriding autopsy findings in cases where an officer of the law appeared to have killed someone.\u003c/p>\n\u003cp>Omalu, known for his discovery of the debilitating brain disease CTE in professional football players, resigned from his position as chief forensic pathologist Dec. 4, after a decade holding the position.\u003c/p>\n\u003cp>Among the reasons he said he could no longer work for Moore were several instances where he had determined a person’s death was a homicide, only to watch Moore override his findings and label the death an accident.\u003c/p>\n\u003cp>Omalu testified in support of Pan's bill, which was sponsored by the California Medical Association. The \u003ca href=\"https://www.calsheriffs.org/about-us/about-cssa-our-mission.html\" target=\"_blank\" rel=\"noopener\">California State Sheriffs' Association\u003c/a>, currently led by Moore, opposed the measure as costly and unnecessary, and the California State Association of Counties objected to the measure's interference with local autonomy.\u003c/p>\n\u003cp>While the legislation ultimately failed, San Joaquin County supervisors moved to \u003ca href=\"https://www.kqed.org/news/11664465/san-joaquin-county-sheriff-stripped-of-role-in-death-investigations\" target=\"_blank\" rel=\"noopener\">strip\u003c/a> the sheriff of his coroner duties and establish an independent medical examiner’s office. That effort is ongoing.\u003c/p>\n\u003cp>Moore \u003ca href=\"https://www.kqed.org/news/11672974/sheriff-accused-of-interfering-in-death-investigations-loses-re-election-bid\" target=\"_blank\" rel=\"noopener\">lost\u003c/a> his re-election in June.\u003c/p>\n\u003cp>Omalu recently opened new \u003ca href=\"https://www.bennetomalu.com/\" target=\"_blank\" rel=\"noopener\">offices\u003c/a> and is providing autopsies for several local entities and expert witness testimony in cases throughout the U.S.\u003c/p>\n\u003cp>Pan plans to keep trying to improve death investigations in California. Contrary to the governor’s veto message, the senator thinks that local officials are unlikely to challenge the sheriff-coroner system.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Sheriffs have tremendous political power in counties,” Pan said. “That’s why many counties have been very slow to address this issue.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11693911/governor-vetoes-bill-that-sought-independence-in-death-investigations","authors":["6625"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_22173","news_21742","news_23360","news_21047","news_22171","news_22846","news_22172"],"featImg":"news_11633434","label":"news_72"},"news_11672974":{"type":"posts","id":"news_11672974","meta":{"index":"posts_1591205157","site":"news","id":"11672974","score":null,"sort":[1528326037000]},"guestAuthors":[],"slug":"sheriff-accused-of-interfering-in-death-investigations-loses-re-election-bid","title":"Sheriff Accused of Interfering in Death Investigations Loses Re-Election Bid","publishDate":1528326037,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The San Joaquin County sheriff-coroner, who was \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\" target=\"_blank\" rel=\"noopener\">accused last year of meddling in death investigations\u003c/a>, fell short in his bid for re-election.\u003c/p>\n\u003cp>Three-term incumbent Sheriff Steve Moore trailed his opponent \u003ca href=\"http://withrowforsheriff.com/\" target=\"_blank\" rel=\"noopener\">Pat Withrow\u003c/a> by 17 points Wednesday, with 100 percent of precinct votes reported.\u003c/p>\n\u003cp>Moore conceded defeat Wednesday morning in a phone call to Withrow, congratulating him on his win even as the county registrar was still tallying 50,000 vote-by-mail and provisional ballots.\u003c/p>\n\u003cp>Moore lost support after two forensic pathologists in the coroner's office alleged that the sheriff interfered with autopsy findings and used his political office to shield officers who killed civilians. The \u003ca href=\"https://www.kqed.org/news/11633330/autopsy-doctor-quits-alleges-sheriff-interfered-in-death-probes\" target=\"_blank\" rel=\"noopener\">allegations\u003c/a> were first reported by KQED.\u003c/p>\n\u003cp>\u003ca href=\"http://www.bennetomalu.com/\" target=\"_blank\" rel=\"noopener\">Dr. Bennet Omalu\u003c/a>, a nationally renowned forensic pathologist famous for his discovery of a concussion-related disease in football players, worked for the sheriff for a decade.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\">Autopsy Doctor Resigns, Says Sheriff Overrode Death Findings to Protect Officers\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/12/coroner_1920-1180x632.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Shortly after his colleague Dr. Susan Parson quit in November, Omalu tendered his own resignation. Together the doctors submitted over 100 pages of documentation to county officials that they said showed Moore had repeatedly violated medical and ethical standards in his role as coroner.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Moore denied he did anything wrong, a claim backed up by a county \u003ca href=\"https://www.kqed.org/news/11663351/san-joaquin-county-should-install-independent-medical-examiner-audit-finds\" target=\"_blank\" rel=\"noopener\">audit\u003c/a> that concluded he broke no laws.\u003c/p>\n\u003cp>However, the audit also identified so many problems with the way Moore ran death investigations that supervisors \u003ca href=\"https://www.kqed.org/news/11664465/san-joaquin-county-sheriff-stripped-of-role-in-death-investigations\" target=\"_blank\" rel=\"noopener\">voted unanimously in April\u003c/a> to strip the sheriff of his coroner duties and establish an independent medical examiner to investigate deaths, independent of law enforcement.\u003c/p>\n\u003cfigure id=\"attachment_11673167\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673167\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/PatWithrow-800x550.jpg\" alt=\"San Joaquin County Sheriff-Elect Pat Withrow (second from left) and supporters celebrate the June 5 primary results.\" width=\"800\" height=\"550\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-800x550.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-1020x701.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-1200x825.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-1180x811.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-960x660.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-240x165.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-375x258.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-520x358.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Joaquin County Sheriff-Elect Pat Withrow (second from left) and supporters celebrate the June 5 primary results. \u003ccite>(Courtesy Tracy Spencer)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Withrow, who served as the deputy sheriff of San Joaquin County for nearly three decades, quit to run against Moore in 2014. Moore beat Withrow that year, drawing on strong support from county ranchers and farmers.\u003c/p>\n\u003cp>Despite the allegations against him, Moore became president of the influential \u003ca href=\"https://www.calsheriffs.org/about-us/board-of-directors/presidents-message.html\" target=\"_blank\" rel=\"noopener\">California State Sheriffs' Association\u003c/a> in April, a title he will have to forfeit when Withrow takes office next year.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As of 2 a.m. Wednesday, Withrow had won 58 percent of the vote, with Moore taking 41 percent.\u003c/p>\n\n","blocks":[],"excerpt":"San Joaquin County Sheriff Steve Moore won't be coming back for a fourth term. Allegations that he interfered with death investigations and autopsy findings may have cost him crucial votes.","status":"publish","parent":0,"modified":1530643309,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":373},"headData":{"title":"Sheriff Accused of Interfering in Death Investigations Loses Re-Election Bid | KQED","description":"San Joaquin County Sheriff Steve Moore won't be coming back for a fourth term. Allegations that he interfered with death investigations and autopsy findings may have cost him crucial votes.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Sheriff Accused of Interfering in Death Investigations Loses Re-Election Bid","datePublished":"2018-06-06T23:00:37.000Z","dateModified":"2018-07-03T18:41:49.000Z","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":"11672974 https://ww2.kqed.org/news/?p=11672974","disqusUrl":"https://ww2.kqed.org/news/2018/06/06/sheriff-accused-of-interfering-in-death-investigations-loses-re-election-bid/","disqusTitle":"Sheriff Accused of Interfering in Death Investigations Loses Re-Election Bid","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/06/SmallSheriffMooreOustedTCRAM180606.mp3","path":"/news/11672974/sheriff-accused-of-interfering-in-death-investigations-loses-re-election-bid","audioDuration":95000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Joaquin County sheriff-coroner, who was \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\" target=\"_blank\" rel=\"noopener\">accused last year of meddling in death investigations\u003c/a>, fell short in his bid for re-election.\u003c/p>\n\u003cp>Three-term incumbent Sheriff Steve Moore trailed his opponent \u003ca href=\"http://withrowforsheriff.com/\" target=\"_blank\" rel=\"noopener\">Pat Withrow\u003c/a> by 17 points Wednesday, with 100 percent of precinct votes reported.\u003c/p>\n\u003cp>Moore conceded defeat Wednesday morning in a phone call to Withrow, congratulating him on his win even as the county registrar was still tallying 50,000 vote-by-mail and provisional ballots.\u003c/p>\n\u003cp>Moore lost support after two forensic pathologists in the coroner's office alleged that the sheriff interfered with autopsy findings and used his political office to shield officers who killed civilians. The \u003ca href=\"https://www.kqed.org/news/11633330/autopsy-doctor-quits-alleges-sheriff-interfered-in-death-probes\" target=\"_blank\" rel=\"noopener\">allegations\u003c/a> were first reported by KQED.\u003c/p>\n\u003cp>\u003ca href=\"http://www.bennetomalu.com/\" target=\"_blank\" rel=\"noopener\">Dr. Bennet Omalu\u003c/a>, a nationally renowned forensic pathologist famous for his discovery of a concussion-related disease in football players, worked for the sheriff for a decade.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\">Autopsy Doctor Resigns, Says Sheriff Overrode Death Findings to Protect Officers\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/12/coroner_1920-1180x632.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Shortly after his colleague Dr. Susan Parson quit in November, Omalu tendered his own resignation. Together the doctors submitted over 100 pages of documentation to county officials that they said showed Moore had repeatedly violated medical and ethical standards in his role as coroner.\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>Moore denied he did anything wrong, a claim backed up by a county \u003ca href=\"https://www.kqed.org/news/11663351/san-joaquin-county-should-install-independent-medical-examiner-audit-finds\" target=\"_blank\" rel=\"noopener\">audit\u003c/a> that concluded he broke no laws.\u003c/p>\n\u003cp>However, the audit also identified so many problems with the way Moore ran death investigations that supervisors \u003ca href=\"https://www.kqed.org/news/11664465/san-joaquin-county-sheriff-stripped-of-role-in-death-investigations\" target=\"_blank\" rel=\"noopener\">voted unanimously in April\u003c/a> to strip the sheriff of his coroner duties and establish an independent medical examiner to investigate deaths, independent of law enforcement.\u003c/p>\n\u003cfigure id=\"attachment_11673167\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11673167\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/PatWithrow-800x550.jpg\" alt=\"San Joaquin County Sheriff-Elect Pat Withrow (second from left) and supporters celebrate the June 5 primary results.\" width=\"800\" height=\"550\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-800x550.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-160x110.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-1020x701.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-1200x825.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-1180x811.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-960x660.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-240x165.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-375x258.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/PatWithrow-520x358.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Joaquin County Sheriff-Elect Pat Withrow (second from left) and supporters celebrate the June 5 primary results. \u003ccite>(Courtesy Tracy Spencer)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Withrow, who served as the deputy sheriff of San Joaquin County for nearly three decades, quit to run against Moore in 2014. Moore beat Withrow that year, drawing on strong support from county ranchers and farmers.\u003c/p>\n\u003cp>Despite the allegations against him, Moore became president of the influential \u003ca href=\"https://www.calsheriffs.org/about-us/board-of-directors/presidents-message.html\" target=\"_blank\" rel=\"noopener\">California State Sheriffs' Association\u003c/a> in April, a title he will have to forfeit when Withrow takes office next year.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As of 2 a.m. Wednesday, Withrow had won 58 percent of the vote, with Moore taking 41 percent.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11672974/sheriff-accused-of-interfering-in-death-investigations-loses-re-election-bid","authors":["6625"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_20191","news_21047","news_22171","news_22846","news_22172"],"featImg":"news_11664497","label":"news_72"},"news_11664465":{"type":"posts","id":"news_11664465","meta":{"index":"posts_1591205157","site":"news","id":"11664465","score":null,"sort":[1524664224000]},"guestAuthors":[],"slug":"san-joaquin-county-sheriff-stripped-of-role-in-death-investigations","title":"San Joaquin County Sheriff Stripped of Role in Death Investigations","publishDate":1524664224,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>San Joaquin County supervisors voted unanimously Tuesday to adopt a new model for investigating deaths in the wake of allegations that the coroner, who is also the elected sheriff, used his political office to shield officers who killed civilians.\u003c/p>\n\u003cp>The 5-0 vote eliminated the office of the coroner, currently run by the Sheriff Steve Moore, and replaced it with a medical examiner’s office run by a board-certified forensic pathologist.\u003c/p>\n\u003cp>“I will support whatever you determine is best, because I want what is best for San Joaquin County,\" Moore told supervisors before the vote. \"I have always endeavored to do that in everything I’ve done while I have been sheriff-coroner.”\u003c/p>\n\u003cp>Moore came under heavy scrutiny last year after pathologist Dr. Bennet Omalu quit along with colleague Dr. Susan Parson. Omalu, renowned for his discovery of a concussion-related disease in football players, accused the sheriff of thwarting death investigations by withholding evidence and pressuring them to change their findings.\u003c/p>\n\u003cp>Moore has repeatedly denied the allegations.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In San Joaquin County and most other California counties a forensic pathologist determines the cause of all sudden, suspicious or violent deaths. Then the elected sheriff-coroner decides whether it was an accident, homicide, suicide, natural or undetermined manner of death.\u003c/p>\n\u003cp>A KQED \u003ca href=\"https://www.kqed.org/news/11633330/autopsy-doctor-quits-alleges-sheriff-interfered-in-death-probes\" target=\"_blank\" rel=\"noopener\">investigation\u003c/a> found at least two cases involving civilians killed by law enforcement officers where the sheriff ignored the forensic pathologists' opinions that the deaths should be classified as homicides and instead certified them as accidents.\u003c/p>\n\u003cp>An independent \u003ca href=\"https://www.kqed.org/news/11663351/san-joaquin-county-should-install-independent-medical-examiner-audit-finds\" target=\"_blank\" rel=\"noopener\">audit \u003c/a>of the department released last week found “several” in-custody deaths in 2016 with similar discrepancies. At Tuesday’s board meeting, the author, \u003ca href=\"https://ocme.dc.gov/page/executive-staff-ocme\" target=\"_blank\" rel=\"noopener\">Dr. Roger Mitchell,\u003c/a> told the board that a medical examiner is needed in San Joaquin County.\u003c/p>\n\u003cp>He told county supervisors they need to bring in someone with experience to hire and train the investigators for that department.\u003c/p>\n\u003cp>Mitchell, who is the chief medical examiner in Washington, D.C., made a number of recommendations to address deficiencies in how the county investigates deaths. For example, he suggested the county end the practice of sending patrol deputies with virtually no training to handle coroner cases where they may have to observe details at death scenes and collect evidence.\u003c/p>\n\u003cp>KQED previously reported that a lack of training for coroner deputies may have contributed to costly \u003ca href=\"https://www.kqed.org/news/11648821/how-families-in-san-joaquin-county-pay-for-coroner-mistakes\" target=\"_blank\" rel=\"noopener\">mistakes\u003c/a>.\u003c/p>\n\u003cp>Moore told supervisors that the audit also shows “everyone is doing the best they possibly can ... there is no negligence or malice of thought in anything that was done.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>County officials still need to work out the details for how to establish the new medical examiner system, which relies on physicians and civilian investigators, and how much it will cost. So far there is no timeline, but Mitchell estimated it could take at least a year.\u003c/p>\n\n","blocks":[],"excerpt":"San Joaquin County officials vote to eliminated the coroner's office in the wake of allegations that the sheriff overseeing death investigations overrode the autopsy findings of forensic pathologists in cases where an officer of the law killed a civilian.","status":"publish","parent":0,"modified":1530643270,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":475},"headData":{"title":"San Joaquin County Sheriff Stripped of Role in Death Investigations | KQED","description":"San Joaquin County officials vote to eliminated the coroner's office in the wake of allegations that the sheriff overseeing death investigations overrode the autopsy findings of forensic pathologists in cases where an officer of the law killed a civilian.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"San Joaquin County Sheriff Stripped of Role in Death Investigations","datePublished":"2018-04-25T13:50:24.000Z","dateModified":"2018-07-03T18:41:10.000Z","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":"11664465 https://ww2.kqed.org/news/?p=11664465","disqusUrl":"https://ww2.kqed.org/news/2018/04/25/san-joaquin-county-sheriff-stripped-of-role-in-death-investigations/","disqusTitle":"San Joaquin County Sheriff Stripped of Role in Death Investigations","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/04/MedicalExaminerSmall.mp3","path":"/news/11664465/san-joaquin-county-sheriff-stripped-of-role-in-death-investigations","audioDuration":86000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Joaquin County supervisors voted unanimously Tuesday to adopt a new model for investigating deaths in the wake of allegations that the coroner, who is also the elected sheriff, used his political office to shield officers who killed civilians.\u003c/p>\n\u003cp>The 5-0 vote eliminated the office of the coroner, currently run by the Sheriff Steve Moore, and replaced it with a medical examiner’s office run by a board-certified forensic pathologist.\u003c/p>\n\u003cp>“I will support whatever you determine is best, because I want what is best for San Joaquin County,\" Moore told supervisors before the vote. \"I have always endeavored to do that in everything I’ve done while I have been sheriff-coroner.”\u003c/p>\n\u003cp>Moore came under heavy scrutiny last year after pathologist Dr. Bennet Omalu quit along with colleague Dr. Susan Parson. Omalu, renowned for his discovery of a concussion-related disease in football players, accused the sheriff of thwarting death investigations by withholding evidence and pressuring them to change their findings.\u003c/p>\n\u003cp>Moore has repeatedly denied the allegations.\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>In San Joaquin County and most other California counties a forensic pathologist determines the cause of all sudden, suspicious or violent deaths. Then the elected sheriff-coroner decides whether it was an accident, homicide, suicide, natural or undetermined manner of death.\u003c/p>\n\u003cp>A KQED \u003ca href=\"https://www.kqed.org/news/11633330/autopsy-doctor-quits-alleges-sheriff-interfered-in-death-probes\" target=\"_blank\" rel=\"noopener\">investigation\u003c/a> found at least two cases involving civilians killed by law enforcement officers where the sheriff ignored the forensic pathologists' opinions that the deaths should be classified as homicides and instead certified them as accidents.\u003c/p>\n\u003cp>An independent \u003ca href=\"https://www.kqed.org/news/11663351/san-joaquin-county-should-install-independent-medical-examiner-audit-finds\" target=\"_blank\" rel=\"noopener\">audit \u003c/a>of the department released last week found “several” in-custody deaths in 2016 with similar discrepancies. At Tuesday’s board meeting, the author, \u003ca href=\"https://ocme.dc.gov/page/executive-staff-ocme\" target=\"_blank\" rel=\"noopener\">Dr. Roger Mitchell,\u003c/a> told the board that a medical examiner is needed in San Joaquin County.\u003c/p>\n\u003cp>He told county supervisors they need to bring in someone with experience to hire and train the investigators for that department.\u003c/p>\n\u003cp>Mitchell, who is the chief medical examiner in Washington, D.C., made a number of recommendations to address deficiencies in how the county investigates deaths. For example, he suggested the county end the practice of sending patrol deputies with virtually no training to handle coroner cases where they may have to observe details at death scenes and collect evidence.\u003c/p>\n\u003cp>KQED previously reported that a lack of training for coroner deputies may have contributed to costly \u003ca href=\"https://www.kqed.org/news/11648821/how-families-in-san-joaquin-county-pay-for-coroner-mistakes\" target=\"_blank\" rel=\"noopener\">mistakes\u003c/a>.\u003c/p>\n\u003cp>Moore told supervisors that the audit also shows “everyone is doing the best they possibly can ... there is no negligence or malice of thought in anything that was done.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>County officials still need to work out the details for how to establish the new medical examiner system, which relies on physicians and civilian investigators, and how much it will cost. So far there is no timeline, but Mitchell estimated it could take at least a year.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11664465/san-joaquin-county-sheriff-stripped-of-role-in-death-investigations","authors":["6625"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_22171","news_22846","news_22172"],"featImg":"news_11664497","label":"news_72"},"news_11664339":{"type":"posts","id":"news_11664339","meta":{"index":"posts_1591205157","site":"news","id":"11664339","score":null,"sort":[1524599941000]},"guestAuthors":[],"slug":"reversal-on-death-investigation-of-man-killed-by-police-casts-doubt-in-san-joaquin-county","title":"Reversal on Death Ruling for Man Killed by Police Raises Doubts in San Joaquin County","publishDate":1524599941,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>When a young Sacramento man died in a struggle with Stockton police in 2016, San Joaquin County Sheriff-Coroner Steve Moore labeled the death an accident, overriding the opinion of his principal forensic pathologist.\u003c/p>\n\u003cp>Last month, a full two years later, the discrepancy was \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\" target=\"_blank\" rel=\"noopener\">exposed\u003c/a>, and the sheriff reclassified the death of Abelino Cordova-Cuevas as a homicide.\u003c/p>\n\u003cp>The reversal raises questions about the integrity of death investigations conducted under Moore, especially whether the sheriff appeared to use his power to shield officers of the law from prosecution, even if they killed people. In San Joaquin County, as in the vast majority of California counties, the sheriff also serves as coroner and is responsible for investigating sudden, violent and suspicious deaths.\u003c/p>\n\u003cp>“Let’s not lose sight of the fact that this is an officer-involved death,” said Greg Bentley, an attorney for the Cordova-Cuevas family. “There needs to be independence, objectivity and competency in county-performed autopsies. The public would expect nothing less.”\u003c/p>\n\u003cp>But in the case of Cordova-Cuevas, Bentley says the sheriff betrayed that public trust by violating a subpoena for all records on the case. He says Moore’s agency withheld a key document that would have showed that the forensic pathologist who conducted the autopsy, Dr. Bennet Omalu, had indicated the death was a homicide.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The lawyer discovered the omission during a deposition of Omalu, who noted that the cover sheet was missing from his autopsy report.\u003c/p>\n\u003cfigure id=\"attachment_11664418\" class=\"wp-caption alignright\" style=\"max-width: 1363px\">\u003cimg class=\"wp-image-11664418 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet.jpg\" alt=\"\" width=\"1363\" height=\"1755\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet.jpg 1363w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-160x206.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-800x1030.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-1020x1313.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-932x1200.jpg 932w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-1180x1519.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-960x1236.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-240x309.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-375x483.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-520x670.jpg 520w\" sizes=\"(max-width: 1363px) 100vw, 1363px\">\u003cfigcaption class=\"wp-caption-text\">Abelino Cordova-Cuevas autopsy cover sheet. \u003ccite>(San Joaquin County Sheriff-Coroner's Office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The sheriff’s decision to reclassify Cordova-Cuevas’ death was made shortly after that revelation and just one day before Moore implemented a new policy that would provide greater transparency in death investigations.\u003c/p>\n\u003cp>Going forward, all officer-involved deaths would require a coroner’s \u003ca href=\"https://www.kqed.org/news/11658317/san-joaquin-sheriff-coroner-opens-some-death-investigations-to-public\" target=\"_blank\" rel=\"noopener\">inquest\u003c/a> where the sheriff appoints a hearing officer or a nine-member jury of county residents to consider evidence to decide whether the deceased person died as the result of an accident, homicide, suicide or natural causes.\u003c/p>\n\u003cp>“Recently, questions have been raised about death investigations that were, in some way, connected to law enforcement action,” Moore wrote in a statement last month, referring to allegations made by Omalu and the county’s other forensic pathologist, Dr. Susan Parson, who both resigned in December.\u003c/p>\n\u003cp>Omalu, renowned for his discovery of a deadly brain disease related to concussions in professional football players, served as the county’s chief forensic pathologist for a decade. In a memo documenting his reasons for resigning he wrote, “The sheriff was using his political office as the coroner to protect police officers whenever someone died while in custody or during arrest.”\u003c/p>\n\u003cp>\u003cstrong>Deadly Traffic Stop\u003c/strong>\u003c/p>\n\u003cp>On March 7, 2016, Cordova-Cuevas was driving home from his job at a Stockton meat market, when police pulled him over for what they called “erratic driving,” according to a wrongful-death complaint filed for the family.\u003c/p>\n\u003cp>In the complaint, witnesses reported seeing the 28-year-old standing on the sidewalk, his hands in the air, while repeatedly telling officers, “I have no weapons.” When one of the officers triggered his taser gun, making a “crackling sound,” Cordova-Cuevas ran away. Police quickly cornered him at a nearby business.\u003c/p>\n\u003cp>Security camera \u003ca href=\"https://www.youtube.com/watch?v=dJNSeeCkAfc\" target=\"_blank\" rel=\"noopener\">footage\u003c/a> from a nearby business obtained by Bentley, the family’s attorney, showed Cordova-Cuevas was backing up slowly with his hands in the air when police tackled him.\u003c/p>\n\u003cp>That footage also showed Stockton officers using either a chokehold or carotid restraint on Cordova-Cuevas. Police in California are not allowed to use a chokehold that cuts off the air by compressing the windpipe, but they are allowed to use a carotid restraint where they squeeze a person’s neck to restrict blood flow to the brain, causing them to lose consciousness briefly.\u003c/p>\n\u003cp>When Cordova-Cuevas became unresponsive, officers called for medics and tried to resuscitate him. He was taken to a local hospital and pronounced dead.\u003c/p>\n\u003cp>\u003cstrong>Coroner Overrode Doctor’s Opinion on Homicide \u003c/strong>\u003c/p>\n\u003cp>Omalu conducted the autopsy the day after Cordova-Cuevas’ death, but did not finalize his report for nearly a year. The pathologist said it took that long to convince the Stockton Police Department to let him view footage from the officers’ body cameras.\u003c/p>\n\u003cfigure id=\"attachment_11648872\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29306_IMG_2022-qut.jpg\" alt=\"\" width=\"1920\" height=\"2880\" class=\"size-full wp-image-11648872\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-160x240.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-1020x1530.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-960x1440.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-240x360.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-375x563.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-520x780.jpg 520w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Dr. Bennet Omalu \u003ccite>(Courtesy of Dr. Bennet Omalu)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Jan. 26, 2017, autopsy form filled out by Omalu states that Cordova-Cuevas died from mechanical asphyxiation, compression of the neck and blunt force trauma to the head, face, neck and trunk. Acute amphetamine toxicity is listed as a significant contributing factor. The doctor concluded that the man had died at the hands of another -- the medical definition of a homicide. On a cover sheet for the autopsy report, Omalu checked a box next to the word “homicide,” and circled it.\u003c/p>\n\u003cp>Months later, Omalu told KQED the sheriff called him into his office and asked him to change the manner of Cordova-Cuevas’ death to “accident,” and wanted the same change made in another 2016 officer-involved fatality.\u003c/p>\n\u003cp>“We went into this long back and forth,” Omalu said, “that he doesn't think it was a homicide because they didn't mean to kill him. And I said to him, ‘Sir, it doesn't matter what you and I think, we have to adhere to the standards of practice.’”\u003c/p>\n\u003cp>Omalu said he told the sheriff that a medical determination of homicide indicates that someone died at the hands of another, but it does not ascribe motive or guilt.\u003c/p>\n\u003cp>Four months later, on May 4, 2017, the coroner's office issued a death certificate for Cordova-Cuevas, identifying the manner of his death as an accident.\u003c/p>\n\u003cp>Omalu found out after the Cordova-Cuevas family asked an outside pathologist to review the autopsy report, and that doctor called Omalu and asked why had he had designated the manner of death an accident.\u003c/p>\n\u003cp>In an Aug. 22, 2017 memo documenting that call, Omalu wrote, “I had made it a homicide but the Sheriff had apparently overruled my opinion, without even consulting me.”\u003c/p>\n\u003cp>A KQED \u003ca href=\"https://www.kqed.org/news/11636262/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident\" target=\"_blank\" rel=\"noopener\">investigation\u003c/a> found other examples in which Sheriff Moore overrode Omalu’s assessment and ruled deaths accidents instead of homicides. One is the case of Daniel Humphreys, who died in 2008 after a CHP officer tased him 31 times.\u003c/p>\n\u003cp>An independent \u003ca href=\"https://www.kqed.org/news/11663351/san-joaquin-county-should-install-independent-medical-examiner-audit-finds\" target=\"_blank\" rel=\"noopener\">audit\u003c/a> of San Joaquin County coroner operations, released last week by RAM Consulting LLC, confirmed “several cases” in 2016 where Moore labeled an officer-involved fatality an accident, against the opinion of the forensic pathologist who conducted the autopsy.\u003c/p>\n\u003cp>Moore declined to be interviewed for this story, but has repeatedly denied that he interfered with his doctors’ findings.\u003c/p>\n\u003cp>In a Dec. 6 Facebook post, Moore stated, “I would never try to control, influence or change the opinions of Dr. Omalu or any other physician working on a case, but I still have the responsibility of making the final determination.”\u003c/p>\n\u003cp>In a legal review of the doctors’ allegations, San Joaquin County Counsel Mark Myles concluded that “the Coroner and the physician should deliberate together regarding the determination of the manner of death so that each understands the others’ perspective. There is no requirement that they agree as to the manner of death.”\u003c/p>\n\u003cp>Controversy over Sheriff Moore’s handling of death investigations became public when Omalu and Parson resigned last December.\u003c/p>\n\u003cp>\u003cstrong>Addendum to Homicide\u003c/strong>\u003c/p>\n\u003cp>In the Cordova-Cuevas case, an addendum to the coroners’ investigative report, obtained by KQED, shows that Chief Deputy Coroner Mike Reynolds reviewed the autopsy file on Omalu’s final day on the job.\u003c/p>\n\u003cp>In the March 23, 2018 addendum, Reynolds wrote that he conducted a follow up after learning that Omalu had reviewed a case synopsis of the incident from the Stockton police that was never shared with the coroner. Reynolds wrote that he obtained and “read the documented report, which includes detailed statements from both of the involved Stockton Police Department officers who took the decedent into custody, including the manner in which a carotid control hold was applied.” Based on his reading of the officers statements, Reynolds explained, “I reclassified the manner of death as ‘homicide,’ which is defined as ‘death at the hands of another.’”\u003c/p>\n\u003cp>But attorney Greg Bentley said it’s telling that the sheriff’s revised report made no mention of the form that Omalu had filled out two years earlier, indicating that he considered Cordova-Cuevas’ death a homicide.\u003c/p>\n\u003cp>“They completely disregarded that,” Bentley said.\u003c/p>\n\u003cp>Bentley asked San Joaquin County’s district attorney to investigate all officer-involved deaths dating back 10 years to make sure this hasn’t happened before.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The district attorney launched an investigation into Moore’s office last year, which is ongoing.\u003c/p>\n\n","blocks":[],"excerpt":"The reversal raises questions about the integrity of death investigations conducted under Moore, especially whether the sheriff appeared to use his power to shield officers of the law from prosecution, even if they killed people.","status":"publish","parent":0,"modified":1530643146,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":1512},"headData":{"title":"Reversal on Death Ruling for Man Killed by Police Raises Doubts in San Joaquin County | KQED","description":"The reversal raises questions about the integrity of death investigations conducted under Moore, especially whether the sheriff appeared to use his power to shield officers of the law from prosecution, even if they killed people.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Reversal on Death Ruling for Man Killed by Police Raises Doubts in San Joaquin County","datePublished":"2018-04-24T19:59:01.000Z","dateModified":"2018-07-03T18:39:06.000Z","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":"11664339 https://ww2.kqed.org/news/?p=11664339","disqusUrl":"https://ww2.kqed.org/news/2018/04/24/reversal-on-death-investigation-of-man-killed-by-police-casts-doubt-in-san-joaquin-county/","disqusTitle":"Reversal on Death Ruling for Man Killed by Police Raises Doubts in San Joaquin County","path":"/news/11664339/reversal-on-death-investigation-of-man-killed-by-police-casts-doubt-in-san-joaquin-county","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When a young Sacramento man died in a struggle with Stockton police in 2016, San Joaquin County Sheriff-Coroner Steve Moore labeled the death an accident, overriding the opinion of his principal forensic pathologist.\u003c/p>\n\u003cp>Last month, a full two years later, the discrepancy was \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\" target=\"_blank\" rel=\"noopener\">exposed\u003c/a>, and the sheriff reclassified the death of Abelino Cordova-Cuevas as a homicide.\u003c/p>\n\u003cp>The reversal raises questions about the integrity of death investigations conducted under Moore, especially whether the sheriff appeared to use his power to shield officers of the law from prosecution, even if they killed people. In San Joaquin County, as in the vast majority of California counties, the sheriff also serves as coroner and is responsible for investigating sudden, violent and suspicious deaths.\u003c/p>\n\u003cp>“Let’s not lose sight of the fact that this is an officer-involved death,” said Greg Bentley, an attorney for the Cordova-Cuevas family. “There needs to be independence, objectivity and competency in county-performed autopsies. The public would expect nothing less.”\u003c/p>\n\u003cp>But in the case of Cordova-Cuevas, Bentley says the sheriff betrayed that public trust by violating a subpoena for all records on the case. He says Moore’s agency withheld a key document that would have showed that the forensic pathologist who conducted the autopsy, Dr. Bennet Omalu, had indicated the death was a homicide.\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 lawyer discovered the omission during a deposition of Omalu, who noted that the cover sheet was missing from his autopsy report.\u003c/p>\n\u003cfigure id=\"attachment_11664418\" class=\"wp-caption alignright\" style=\"max-width: 1363px\">\u003cimg class=\"wp-image-11664418 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet.jpg\" alt=\"\" width=\"1363\" height=\"1755\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet.jpg 1363w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-160x206.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-800x1030.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-1020x1313.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-932x1200.jpg 932w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-1180x1519.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-960x1236.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-240x309.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-375x483.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Cordova-Cuevas-Pending-Cause-sheet-520x670.jpg 520w\" sizes=\"(max-width: 1363px) 100vw, 1363px\">\u003cfigcaption class=\"wp-caption-text\">Abelino Cordova-Cuevas autopsy cover sheet. \u003ccite>(San Joaquin County Sheriff-Coroner's Office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The sheriff’s decision to reclassify Cordova-Cuevas’ death was made shortly after that revelation and just one day before Moore implemented a new policy that would provide greater transparency in death investigations.\u003c/p>\n\u003cp>Going forward, all officer-involved deaths would require a coroner’s \u003ca href=\"https://www.kqed.org/news/11658317/san-joaquin-sheriff-coroner-opens-some-death-investigations-to-public\" target=\"_blank\" rel=\"noopener\">inquest\u003c/a> where the sheriff appoints a hearing officer or a nine-member jury of county residents to consider evidence to decide whether the deceased person died as the result of an accident, homicide, suicide or natural causes.\u003c/p>\n\u003cp>“Recently, questions have been raised about death investigations that were, in some way, connected to law enforcement action,” Moore wrote in a statement last month, referring to allegations made by Omalu and the county’s other forensic pathologist, Dr. Susan Parson, who both resigned in December.\u003c/p>\n\u003cp>Omalu, renowned for his discovery of a deadly brain disease related to concussions in professional football players, served as the county’s chief forensic pathologist for a decade. In a memo documenting his reasons for resigning he wrote, “The sheriff was using his political office as the coroner to protect police officers whenever someone died while in custody or during arrest.”\u003c/p>\n\u003cp>\u003cstrong>Deadly Traffic Stop\u003c/strong>\u003c/p>\n\u003cp>On March 7, 2016, Cordova-Cuevas was driving home from his job at a Stockton meat market, when police pulled him over for what they called “erratic driving,” according to a wrongful-death complaint filed for the family.\u003c/p>\n\u003cp>In the complaint, witnesses reported seeing the 28-year-old standing on the sidewalk, his hands in the air, while repeatedly telling officers, “I have no weapons.” When one of the officers triggered his taser gun, making a “crackling sound,” Cordova-Cuevas ran away. Police quickly cornered him at a nearby business.\u003c/p>\n\u003cp>Security camera \u003ca href=\"https://www.youtube.com/watch?v=dJNSeeCkAfc\" target=\"_blank\" rel=\"noopener\">footage\u003c/a> from a nearby business obtained by Bentley, the family’s attorney, showed Cordova-Cuevas was backing up slowly with his hands in the air when police tackled him.\u003c/p>\n\u003cp>That footage also showed Stockton officers using either a chokehold or carotid restraint on Cordova-Cuevas. Police in California are not allowed to use a chokehold that cuts off the air by compressing the windpipe, but they are allowed to use a carotid restraint where they squeeze a person’s neck to restrict blood flow to the brain, causing them to lose consciousness briefly.\u003c/p>\n\u003cp>When Cordova-Cuevas became unresponsive, officers called for medics and tried to resuscitate him. He was taken to a local hospital and pronounced dead.\u003c/p>\n\u003cp>\u003cstrong>Coroner Overrode Doctor’s Opinion on Homicide \u003c/strong>\u003c/p>\n\u003cp>Omalu conducted the autopsy the day after Cordova-Cuevas’ death, but did not finalize his report for nearly a year. The pathologist said it took that long to convince the Stockton Police Department to let him view footage from the officers’ body cameras.\u003c/p>\n\u003cfigure id=\"attachment_11648872\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29306_IMG_2022-qut.jpg\" alt=\"\" width=\"1920\" height=\"2880\" class=\"size-full wp-image-11648872\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-160x240.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-1020x1530.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-960x1440.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-240x360.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-375x563.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29306_IMG_2022-qut-520x780.jpg 520w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Dr. Bennet Omalu \u003ccite>(Courtesy of Dr. Bennet Omalu)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Jan. 26, 2017, autopsy form filled out by Omalu states that Cordova-Cuevas died from mechanical asphyxiation, compression of the neck and blunt force trauma to the head, face, neck and trunk. Acute amphetamine toxicity is listed as a significant contributing factor. The doctor concluded that the man had died at the hands of another -- the medical definition of a homicide. On a cover sheet for the autopsy report, Omalu checked a box next to the word “homicide,” and circled it.\u003c/p>\n\u003cp>Months later, Omalu told KQED the sheriff called him into his office and asked him to change the manner of Cordova-Cuevas’ death to “accident,” and wanted the same change made in another 2016 officer-involved fatality.\u003c/p>\n\u003cp>“We went into this long back and forth,” Omalu said, “that he doesn't think it was a homicide because they didn't mean to kill him. And I said to him, ‘Sir, it doesn't matter what you and I think, we have to adhere to the standards of practice.’”\u003c/p>\n\u003cp>Omalu said he told the sheriff that a medical determination of homicide indicates that someone died at the hands of another, but it does not ascribe motive or guilt.\u003c/p>\n\u003cp>Four months later, on May 4, 2017, the coroner's office issued a death certificate for Cordova-Cuevas, identifying the manner of his death as an accident.\u003c/p>\n\u003cp>Omalu found out after the Cordova-Cuevas family asked an outside pathologist to review the autopsy report, and that doctor called Omalu and asked why had he had designated the manner of death an accident.\u003c/p>\n\u003cp>In an Aug. 22, 2017 memo documenting that call, Omalu wrote, “I had made it a homicide but the Sheriff had apparently overruled my opinion, without even consulting me.”\u003c/p>\n\u003cp>A KQED \u003ca href=\"https://www.kqed.org/news/11636262/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident\" target=\"_blank\" rel=\"noopener\">investigation\u003c/a> found other examples in which Sheriff Moore overrode Omalu’s assessment and ruled deaths accidents instead of homicides. One is the case of Daniel Humphreys, who died in 2008 after a CHP officer tased him 31 times.\u003c/p>\n\u003cp>An independent \u003ca href=\"https://www.kqed.org/news/11663351/san-joaquin-county-should-install-independent-medical-examiner-audit-finds\" target=\"_blank\" rel=\"noopener\">audit\u003c/a> of San Joaquin County coroner operations, released last week by RAM Consulting LLC, confirmed “several cases” in 2016 where Moore labeled an officer-involved fatality an accident, against the opinion of the forensic pathologist who conducted the autopsy.\u003c/p>\n\u003cp>Moore declined to be interviewed for this story, but has repeatedly denied that he interfered with his doctors’ findings.\u003c/p>\n\u003cp>In a Dec. 6 Facebook post, Moore stated, “I would never try to control, influence or change the opinions of Dr. Omalu or any other physician working on a case, but I still have the responsibility of making the final determination.”\u003c/p>\n\u003cp>In a legal review of the doctors’ allegations, San Joaquin County Counsel Mark Myles concluded that “the Coroner and the physician should deliberate together regarding the determination of the manner of death so that each understands the others’ perspective. There is no requirement that they agree as to the manner of death.”\u003c/p>\n\u003cp>Controversy over Sheriff Moore’s handling of death investigations became public when Omalu and Parson resigned last December.\u003c/p>\n\u003cp>\u003cstrong>Addendum to Homicide\u003c/strong>\u003c/p>\n\u003cp>In the Cordova-Cuevas case, an addendum to the coroners’ investigative report, obtained by KQED, shows that Chief Deputy Coroner Mike Reynolds reviewed the autopsy file on Omalu’s final day on the job.\u003c/p>\n\u003cp>In the March 23, 2018 addendum, Reynolds wrote that he conducted a follow up after learning that Omalu had reviewed a case synopsis of the incident from the Stockton police that was never shared with the coroner. Reynolds wrote that he obtained and “read the documented report, which includes detailed statements from both of the involved Stockton Police Department officers who took the decedent into custody, including the manner in which a carotid control hold was applied.” Based on his reading of the officers statements, Reynolds explained, “I reclassified the manner of death as ‘homicide,’ which is defined as ‘death at the hands of another.’”\u003c/p>\n\u003cp>But attorney Greg Bentley said it’s telling that the sheriff’s revised report made no mention of the form that Omalu had filled out two years earlier, indicating that he considered Cordova-Cuevas’ death a homicide.\u003c/p>\n\u003cp>“They completely disregarded that,” Bentley said.\u003c/p>\n\u003cp>Bentley asked San Joaquin County’s district attorney to investigate all officer-involved deaths dating back 10 years to make sure this hasn’t happened before.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The district attorney launched an investigation into Moore’s office last year, which is ongoing.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11664339/reversal-on-death-investigation-of-man-killed-by-police-casts-doubt-in-san-joaquin-county","authors":["6625"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_21047","news_22171","news_22846","news_22172","news_17286"],"featImg":"news_11634833","label":"news_72"},"news_11638866":{"type":"posts","id":"news_11638866","meta":{"index":"posts_1591205157","site":"news","id":"11638866","score":null,"sort":[1513971567000]},"guestAuthors":[],"slug":"pathologists-say-san-joaquin-sheriffs-meddling-could-have-compromised-murder-cases","title":"Pathologists Say San Joaquin Sheriff's Meddling Could Have Compromised Murder Cases","publishDate":1513971567,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Two forensic pathologists who \u003ca href=\"https://ww2.kqed.org/news/2017/12/04/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement/\" target=\"_blank\" rel=\"noopener\">have accused\u003c/a> the San Joaquin County sheriff of interfering with death investigations to protect law enforcement officers are also alleging Sheriff Steve Moore meddled with their work on high-profile homicides and suspicious deaths, potentially compromising murder cases.\u003c/p>\n\u003cp>The county’s chief forensic pathologist, Dr. Bennet Omalu, \u003ca href=\"https://www.documentcloud.org/documents/4322057-Letter-of-Resignation-Bennet-Omalu-MD-2017-12-05.html\" target=\"_blank\" rel=\"noopener\">announced his resignation\u003c/a> Dec. 5, a little over a week after his colleague Dr. Susan Parson \u003ca href=\"https://ww2.kqed.org/news/2017/11/27/autopsy-doctor-quits-alleges-sheriff-interfered-in-death-probes/\" target=\"_blank\" rel=\"noopener\">gave similar notice\u003c/a>. Both doctors accused the sheriff of trying to influence their investigations and their findings.\u003cbr>\n[contextly_sidebar id=\"bOdZUxQlMlohk29U0cR9RThS81lBRF45\"]\u003cbr>\nIn over 100 pages of memos, email and letters obtained by KQED, the doctors detailed dozens of incidents they say support those claims.\u003c/p>\n\u003cp>Earlier this month, \u003ca href=\"https://ww2.kqed.org/news/2017/12/04/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement/\" target=\"_blank\" rel=\"noopener\">KQED reported\u003c/a> the allegations that the sheriff “routinely” interfered in investigations of people who died at the hands of officers.\u003c/p>\n\u003cp>In memos attached to an Oct. 1 letter to the medical director of San Joaquin General Hospital, the doctors wrote that Moore also prevented them from visiting crime scenes, failed to notify them of other cases they were legally obligated to investigate and canceled forensic tests without their knowledge or consent.\u003c/p>\n\u003cp>“A person who does not have a license to practice medicine in the State of California should not be involved in the medical evaluation of a case and provision of a medical opinion,” Parson and Omalu wrote.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Sheriff Moore denied the allegations in a written statement on Dec. 5.\u003c/p>\n\u003cp>“There have been questions recently about whether I have interfered with forensic investigations. That has never happened,” Moore wrote. “I would never try to influence or change the opinions of Dr Omalu or any pathologist working on a case.”\u003c/p>\n\u003cp>Omalu -- whose discovery of a deadly brain disease in professional football players was depicted in the 2015 movie “Concussion” -- said he accepted a job with San Joaquin County a decade ago to raise the standards of death investigations in a medically underserved community. But in his \u003ca href=\"https://www.documentcloud.org/documents/4322057-Letter-of-Resignation-Bennet-Omalu-MD-2017-12-05.html\" target=\"_blank\" rel=\"noopener\">resignation letter\u003c/a>, Omalu wrote that he was met with resistance from the start.\u003c/p>\n\u003cfigure id=\"attachment_11638942\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11638942 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-800x533.jpg\" alt=\"Forensic pathologist and neuropathologist Dr. Bennet Omalu participates in a briefing sponsored by Rep. Jackie Speier (D-CA) on Capitol Hill on January 12, 2016 in Washington, DC.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Forensic pathologist and neuropathologist Dr. Bennet Omalu participates in a briefing sponsored by Rep. Jackie Speier (D-CA) on Capitol Hill on Jan, 12, 2016, in Washington, D.C. \u003ccite>(Pete Marovich/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I first experienced this with Sheriff Steve Moore when he prevented me from attending crime scenes which detectives from police departments of other cities may have wanted me to attend, or scenes I wanted to attend, especially on complicated and/or unusual cases,” Omalu wrote. “I believed this interference would stop the longer I stayed in the office and exhibited the highest and exemplary standards of practice. Unfortunately, it did not stop.”\u003c/p>\n\u003cp>\u003cstrong>Preventing Forensic Pathologists From Examining Crime Scenes\u003c/strong>\u003c/p>\n\u003cp>Concerns over the lack of participation of a forensic pathologist prompted a San Joaquin County prosecutor to \u003ca href=\"https://www.documentcloud.org/documents/4335112-2013-Deputy-DA-Letter-Re-People-v-Dawson-McGehee.html\" target=\"_blank\" rel=\"noopener\">write a letter\u003c/a> to the sheriff in 2013.\u003c/p>\n\u003cp>“I hope that in writing this letter it brings to your attention how the failure to have the Forensic Pathologist come to the scene can have an affect (sic) on the prosecution of some cases,” Deputy District Attorney Sherri Adams wrote, referencing the Oct. 30, 2011, \u003ca href=\"http://caselaw.findlaw.com/ca-court-of-appeal/1733295.html\" target=\"_blank\" rel=\"noopener\">murder of Kathleen McGehee\u003c/a>.\u003c/p>\n\u003cp>McGehee was discovered stabbed to death in her Manteca home on Oct. 31 of that year, a day when both her son Dawson McGehee and a daughter were in and out of the house.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Dr. Omalu’s ability to perform forensic pathological analysis to ascertain the time of death was significantly impaired.'\u003ccite>Sherri Adams,\u003cbr>\nSan Joaquin County Deputy District Attorney\u003c/cite>\u003c/aside>\n\u003cp>The lead investigator asked for Omalu to examine the body at the house. The sheriff’s office refused to send Omalu, and never told him about the request, according to Adams’ letter.\u003c/p>\n\u003cp>A day later, Omalu performed an autopsy on McGehee in the morgue, but because of the delay and the refrigeration of the body, “Dr. Omalu’s ability to perform forensic pathological analysis to ascertain the time of death was significantly impaired,” Adams wrote.\u003c/p>\n\u003cp>The district attorney charged Dawson McGehee with murder. During the trial, Adams wrote, the defense argued that the victim was alive on Oct. 31 and that someone other than her son could have killed her.\u003c/p>\n\u003cp>“There were members of the jury that entertained this theory as a reasonable possibility based on the evidence,” Adams wrote to Moore. “Thankfully the jury in this case was able to render a verdict of guilt; however, the date and time of death was a real source of debate during the five days of jury deliberations.”\u003c/p>\n\u003cp>Adams said she never received a response to her letter and doesn’t know why the sheriff denied the request for Omalu to visit the crime scene. But, she said, she believes changes were made after that. In 2013, Adams prosecuted another homicide — and in that case, Omalu went to the crime scene, she said.\u003c/p>\n\u003cp>Moore said in a \u003ca href=\"https://www.documentcloud.org/documents/4335341-Sheriff-Moore-17-12-21-response-to-DA-Letter.html\" target=\"_blank\" rel=\"noopener\">written statement\u003c/a> Thursday that his office is \"in the process of reviewing\" Adams' 2013 letter, and that the general practice is to send pathologists to crime scenes once they've been requested by the investigating agency.\u003c/p>\n\u003cp>\"This case is more than six years old,\" Moore wrote, \"and staff assigned to the Coroner's Office at that time have either retired, rotated out, or are no longer working at the Sheriff's Office.\"\u003c/p>\n\u003cp>\u003cstrong>Canceling Doctors’ Orders for Tests\u003c/strong>\u003c/p>\n\u003cp>Forensic pathologists Omalu and Parson also documented a number of times when they say the sheriff overrode their requests for additional tests.\u003c/p>\n\u003cp>Omalu cited a case where the decomposed remains of Lisa Ann Valdez, who had been missing for months, were found on June 8, 2016, also in Manteca.\u003c/p>\n\u003cp>Valdez’s body showed evidence of toxic levels of amphetamine, but Omalu could not rule out other causes because the head and neck of her body were missing.\u003c/p>\n\u003caside class=\"pullquote alignright\">'A person who does not have a license to practice medicine in the State of California should not be involved in the medical evaluation of a case and provision of a medical opinion.'\u003ccite>Dr. Bennet Omalu,\u003cbr>\nSan Joaquin County Chief Forensic Pathologist (Resigned)\u003c/cite>\u003c/aside>\n\u003cp>“I had to determine if she had been killed by someone or if she died as a result of some type of accident,” Omalu wrote in a memo sent to the county medical director on Oct. 1.\u003c/p>\n\u003cp>Omalu recounted that he ordered an anthropological autopsy that might provide further evidence. But months later, when he asked for that report, a sheriff’s deputy told him that his request for laboratory analysis was “overruled” and “the skeleton was released to the family and cremated,” according to the memo.\u003c/p>\n\u003cp>“An incomplete autopsy undermines, and does not pass the reasonable degree of medical certainty threshold and standard,” Omalu wrote on his autopsy report. “I cannot provide an opinion in regard to the mechanisms of death and causes of death in this case.”\u003c/p>\n\u003cp>In his letter to the medical director of San Joaquin General Hospital, Omalu wrote, “A person who does not have a license to practice medicine in the State of California should not be involved in the medical evaluation of a case and provision of a medical opinion.”\u003c/p>\n\u003cp>Both doctors wrote that the sheriff’s decision to cancel lab work amounted to the illegal practice of medicine.\u003c/p>\n\u003cp>\u003cstrong>Calls for Independent Investigation\u003c/strong>\u003c/p>\n\u003cp>San Joaquin County District Attorney Tori Verber Salazar said she was aware of the allegations before the doctors resigned and had launched an investigation “several weeks” ago.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.facebook.com/SJCDA/posts/1702461886467144\" target=\"_blank\" rel=\"noopener\">Dec. 12 post\u003c/a> on the DA’s Facebook page stated: “San Joaquin County Pathologists Dr. Bennet Omalu and Susan Parson have made our office aware of concerns in the operations of their office, and requested the District Attorney to investigate. The investigation has been initiated and is ongoing. When the investigation is complete, this office will review the facts as presented and make the appropriate decisions at that time.”\u003c/p>\n\u003cfigure id=\"attachment_11633436\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11633436\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Joaquin County District Attorney Tori Verber Salazar with investigation files for the 2008 death of Daniel Lee Humprheys, who was tased to death by a CHP officer. \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some residents want an independent agency outside the county to investigate the allegations against Moore.\u003c/p>\n\u003cp>“I don't know how they could possibly investigate the sheriff's office regarding these cases because they're the ones that also handled all of the officer-involved cases” said Barbara Steward, a Stockton resident whose ex-husband, Daniel Humphreys, died in 2008 after being \u003ca href=\"https://ww2.kqed.org/news/2017/12/11/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident/\" target=\"_blank\" rel=\"noopener\">tased 31 times\u003c/a> by a California Highway Patrol officer. “I'm not sure how they can be impartial.”\u003c/p>\n\u003cp>In notes sent to county officials this month, Omalu accused the sheriff of withholding a report generated by the Taser weapon the officer used. When DA Verber Salazar -- then a deputy prosecutor -- shared the Taser report with Omalu two years later, showing Humphreys was shocked for 2½ minutes, Omalu changed his findings in the case from accidental death to a homicide.\u003c/p>\n\u003cp>Steward, who was married to Humphreys for 13 years and had two daughters with him, was working for the sheriff when he died. She and Humphreys had divorced and she had remarried. Steward retired this year.\u003cbr>\n[contextly_sidebar id=\"2oHRBJZiMQWzdSwmcHquN077ZRk3oV9q\"]\u003cbr>\nShe said that after the doctors’ allegations surfaced, she felt free to finally reveal what she knew about the night her ex-husband died.\u003c/p>\n\u003cp>“He (Moore) was aware of that case very early on when it was unfolding on scene,” Steward said. “As soon as that information (from the Taser) was downloaded -- which is a pretty instant thing -- I'm sure he was made aware of what that was.”\u003c/p>\n\u003cp>She said an apparent lack of follow-up on that case by the district attorney’s office still bothers her.\u003c/p>\n\u003cp>Now Steward wants the attorney general of California or some other independent agency to investigate the allegations against Moore.\u003c/p>\n\u003cp>“I think it needs to be handled by someone higher up,” Steward said.\u003c/p>\n\u003cp>In a statement this week, a spokesperson for Attorney General Xavier Becerra wrote, “To protect its integrity, we can’t comment on, even to confirm or deny, a potential or ongoing investigation.”\u003c/p>\n\u003cp>\u003cstrong>Allegations Fuel Calls For Independent Medical Examiner\u003c/strong>\u003c/p>\n\u003cp>In response to the allegations against the sheriff, a growing number of physicians -- including the California Medical Association -- have urged the county Board of Supervisors to create a medical examiner’s office run by physicians, who would determine both the cause and manner of suspicious deaths.\u003c/p>\n\u003cp>San Joaquin County, like the majority of counties in California, established a sheriff-coroner system for investigating sudden, violent or suspicious deaths, and all deaths involving law enforcement. Typically the coroner, who is also the elected sheriff, hires a forensic pathologist to conduct autopsies and determine the medical causes of death, such as a heart attack or blunt-force trauma. Then the sheriff determines the manner of death: accidental, suicide, homicide, natural or undetermined -- based on the autopsy findings and the investigatory findings of law enforcement.\u003c/p>\n\u003cp>Critics of the system say having an elected official determine the manner of death presents a conflict of interest, and creates a perception, real or not, that political pressure affected the outcome.\u003c/p>\n\u003cp>During the public comment period at a Dec. 12 county Board of Supervisors meeting, Dr. Grant Mellor of the San Joaquin County Medical Society urged supervisors to take immediate action to protect the independence of forensic pathologists performing autopsies.\u003c/p>\n\u003cp>“This is gaining national -- as well as international -- attention,” said Dr. Kwabena Adubofour at the same meeting, referring to reports and editorials in The Washington Post and texts he said he’d received from colleagues in London asking, “What’s going on in San Joaquin County?”\u003c/p>\n\u003cp>DA Verber Salazar also urged the board to create a separate medical examiner’s office.\u003c/p>\n\u003cp>Board of Supervisors Chair Chuck Winn said he’s waiting for the county counsel to investigate the allegations and determine if any laws were violated.\u003c/p>\n\u003cp>Winn said it would be “irresponsible” to make decisions until the board has all the facts gathered.\u003c/p>\n\u003cp>“Certainly we want to make sure that everybody has an opportunity to provide their input or side as to as to what's occurred and maybe what needs to be done in the future,” he said. “I think it's a little early to make any decisions as to what we're going to do until we have a chance to evaluate what the costs or the consequences the reorganization would entail.”\u003c/p>\n\u003cp>The Santa Clara County Board of Supervisors, for example, voted last year to restore the independence of medical examiners following allegations that the sheriff had interfered with death investigations by withholding evidence and pressuring forensic pathologists to change their findings. The shift resulted in an annual $800,000 increase to the county budget.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Moore said he “would fully support separation” if the Board of Supervisors and the people of San Joaquin County want it.\u003c/p>\n\n","blocks":[],"excerpt":"Two forensic pathologists say Sheriff Steve Moore prevented them from visiting crime scenes, failed to notify them of other cases they were legally obligated to investigate and canceled forensic tests without their knowledge.","status":"publish","parent":0,"modified":1530643425,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":55,"wordCount":2205},"headData":{"title":"Pathologists Say San Joaquin Sheriff's Meddling Could Have Compromised Murder Cases | KQED","description":"Two forensic pathologists say Sheriff Steve Moore prevented them from visiting crime scenes, failed to notify them of other cases they were legally obligated to investigate and canceled forensic tests without their knowledge.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Pathologists Say San Joaquin Sheriff's Meddling Could Have Compromised Murder Cases","datePublished":"2017-12-22T19:39:27.000Z","dateModified":"2018-07-03T18:43:45.000Z","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":"11638866 https://ww2.kqed.org/news/?p=11638866","disqusUrl":"https://ww2.kqed.org/news/2017/12/22/pathologists-say-san-joaquin-sheriffs-meddling-could-have-compromised-murder-cases/","disqusTitle":"Pathologists Say San Joaquin Sheriff's Meddling Could Have Compromised Murder Cases","path":"/news/11638866/pathologists-say-san-joaquin-sheriffs-meddling-could-have-compromised-murder-cases","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two forensic pathologists who \u003ca href=\"https://ww2.kqed.org/news/2017/12/04/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement/\" target=\"_blank\" rel=\"noopener\">have accused\u003c/a> the San Joaquin County sheriff of interfering with death investigations to protect law enforcement officers are also alleging Sheriff Steve Moore meddled with their work on high-profile homicides and suspicious deaths, potentially compromising murder cases.\u003c/p>\n\u003cp>The county’s chief forensic pathologist, Dr. Bennet Omalu, \u003ca href=\"https://www.documentcloud.org/documents/4322057-Letter-of-Resignation-Bennet-Omalu-MD-2017-12-05.html\" target=\"_blank\" rel=\"noopener\">announced his resignation\u003c/a> Dec. 5, a little over a week after his colleague Dr. Susan Parson \u003ca href=\"https://ww2.kqed.org/news/2017/11/27/autopsy-doctor-quits-alleges-sheriff-interfered-in-death-probes/\" target=\"_blank\" rel=\"noopener\">gave similar notice\u003c/a>. Both doctors accused the sheriff of trying to influence their investigations and their findings.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nIn over 100 pages of memos, email and letters obtained by KQED, the doctors detailed dozens of incidents they say support those claims.\u003c/p>\n\u003cp>Earlier this month, \u003ca href=\"https://ww2.kqed.org/news/2017/12/04/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement/\" target=\"_blank\" rel=\"noopener\">KQED reported\u003c/a> the allegations that the sheriff “routinely” interfered in investigations of people who died at the hands of officers.\u003c/p>\n\u003cp>In memos attached to an Oct. 1 letter to the medical director of San Joaquin General Hospital, the doctors wrote that Moore also prevented them from visiting crime scenes, failed to notify them of other cases they were legally obligated to investigate and canceled forensic tests without their knowledge or consent.\u003c/p>\n\u003cp>“A person who does not have a license to practice medicine in the State of California should not be involved in the medical evaluation of a case and provision of a medical opinion,” Parson and Omalu wrote.\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>Sheriff Moore denied the allegations in a written statement on Dec. 5.\u003c/p>\n\u003cp>“There have been questions recently about whether I have interfered with forensic investigations. That has never happened,” Moore wrote. “I would never try to influence or change the opinions of Dr Omalu or any pathologist working on a case.”\u003c/p>\n\u003cp>Omalu -- whose discovery of a deadly brain disease in professional football players was depicted in the 2015 movie “Concussion” -- said he accepted a job with San Joaquin County a decade ago to raise the standards of death investigations in a medically underserved community. But in his \u003ca href=\"https://www.documentcloud.org/documents/4322057-Letter-of-Resignation-Bennet-Omalu-MD-2017-12-05.html\" target=\"_blank\" rel=\"noopener\">resignation letter\u003c/a>, Omalu wrote that he was met with resistance from the start.\u003c/p>\n\u003cfigure id=\"attachment_11638942\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11638942 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-800x533.jpg\" alt=\"Forensic pathologist and neuropathologist Dr. Bennet Omalu participates in a briefing sponsored by Rep. Jackie Speier (D-CA) on Capitol Hill on January 12, 2016 in Washington, DC.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS19022_GettyImages-504713740-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Forensic pathologist and neuropathologist Dr. Bennet Omalu participates in a briefing sponsored by Rep. Jackie Speier (D-CA) on Capitol Hill on Jan, 12, 2016, in Washington, D.C. \u003ccite>(Pete Marovich/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I first experienced this with Sheriff Steve Moore when he prevented me from attending crime scenes which detectives from police departments of other cities may have wanted me to attend, or scenes I wanted to attend, especially on complicated and/or unusual cases,” Omalu wrote. “I believed this interference would stop the longer I stayed in the office and exhibited the highest and exemplary standards of practice. Unfortunately, it did not stop.”\u003c/p>\n\u003cp>\u003cstrong>Preventing Forensic Pathologists From Examining Crime Scenes\u003c/strong>\u003c/p>\n\u003cp>Concerns over the lack of participation of a forensic pathologist prompted a San Joaquin County prosecutor to \u003ca href=\"https://www.documentcloud.org/documents/4335112-2013-Deputy-DA-Letter-Re-People-v-Dawson-McGehee.html\" target=\"_blank\" rel=\"noopener\">write a letter\u003c/a> to the sheriff in 2013.\u003c/p>\n\u003cp>“I hope that in writing this letter it brings to your attention how the failure to have the Forensic Pathologist come to the scene can have an affect (sic) on the prosecution of some cases,” Deputy District Attorney Sherri Adams wrote, referencing the Oct. 30, 2011, \u003ca href=\"http://caselaw.findlaw.com/ca-court-of-appeal/1733295.html\" target=\"_blank\" rel=\"noopener\">murder of Kathleen McGehee\u003c/a>.\u003c/p>\n\u003cp>McGehee was discovered stabbed to death in her Manteca home on Oct. 31 of that year, a day when both her son Dawson McGehee and a daughter were in and out of the house.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Dr. Omalu’s ability to perform forensic pathological analysis to ascertain the time of death was significantly impaired.'\u003ccite>Sherri Adams,\u003cbr>\nSan Joaquin County Deputy District Attorney\u003c/cite>\u003c/aside>\n\u003cp>The lead investigator asked for Omalu to examine the body at the house. The sheriff’s office refused to send Omalu, and never told him about the request, according to Adams’ letter.\u003c/p>\n\u003cp>A day later, Omalu performed an autopsy on McGehee in the morgue, but because of the delay and the refrigeration of the body, “Dr. Omalu’s ability to perform forensic pathological analysis to ascertain the time of death was significantly impaired,” Adams wrote.\u003c/p>\n\u003cp>The district attorney charged Dawson McGehee with murder. During the trial, Adams wrote, the defense argued that the victim was alive on Oct. 31 and that someone other than her son could have killed her.\u003c/p>\n\u003cp>“There were members of the jury that entertained this theory as a reasonable possibility based on the evidence,” Adams wrote to Moore. “Thankfully the jury in this case was able to render a verdict of guilt; however, the date and time of death was a real source of debate during the five days of jury deliberations.”\u003c/p>\n\u003cp>Adams said she never received a response to her letter and doesn’t know why the sheriff denied the request for Omalu to visit the crime scene. But, she said, she believes changes were made after that. In 2013, Adams prosecuted another homicide — and in that case, Omalu went to the crime scene, she said.\u003c/p>\n\u003cp>Moore said in a \u003ca href=\"https://www.documentcloud.org/documents/4335341-Sheriff-Moore-17-12-21-response-to-DA-Letter.html\" target=\"_blank\" rel=\"noopener\">written statement\u003c/a> Thursday that his office is \"in the process of reviewing\" Adams' 2013 letter, and that the general practice is to send pathologists to crime scenes once they've been requested by the investigating agency.\u003c/p>\n\u003cp>\"This case is more than six years old,\" Moore wrote, \"and staff assigned to the Coroner's Office at that time have either retired, rotated out, or are no longer working at the Sheriff's Office.\"\u003c/p>\n\u003cp>\u003cstrong>Canceling Doctors’ Orders for Tests\u003c/strong>\u003c/p>\n\u003cp>Forensic pathologists Omalu and Parson also documented a number of times when they say the sheriff overrode their requests for additional tests.\u003c/p>\n\u003cp>Omalu cited a case where the decomposed remains of Lisa Ann Valdez, who had been missing for months, were found on June 8, 2016, also in Manteca.\u003c/p>\n\u003cp>Valdez’s body showed evidence of toxic levels of amphetamine, but Omalu could not rule out other causes because the head and neck of her body were missing.\u003c/p>\n\u003caside class=\"pullquote alignright\">'A person who does not have a license to practice medicine in the State of California should not be involved in the medical evaluation of a case and provision of a medical opinion.'\u003ccite>Dr. Bennet Omalu,\u003cbr>\nSan Joaquin County Chief Forensic Pathologist (Resigned)\u003c/cite>\u003c/aside>\n\u003cp>“I had to determine if she had been killed by someone or if she died as a result of some type of accident,” Omalu wrote in a memo sent to the county medical director on Oct. 1.\u003c/p>\n\u003cp>Omalu recounted that he ordered an anthropological autopsy that might provide further evidence. But months later, when he asked for that report, a sheriff’s deputy told him that his request for laboratory analysis was “overruled” and “the skeleton was released to the family and cremated,” according to the memo.\u003c/p>\n\u003cp>“An incomplete autopsy undermines, and does not pass the reasonable degree of medical certainty threshold and standard,” Omalu wrote on his autopsy report. “I cannot provide an opinion in regard to the mechanisms of death and causes of death in this case.”\u003c/p>\n\u003cp>In his letter to the medical director of San Joaquin General Hospital, Omalu wrote, “A person who does not have a license to practice medicine in the State of California should not be involved in the medical evaluation of a case and provision of a medical opinion.”\u003c/p>\n\u003cp>Both doctors wrote that the sheriff’s decision to cancel lab work amounted to the illegal practice of medicine.\u003c/p>\n\u003cp>\u003cstrong>Calls for Independent Investigation\u003c/strong>\u003c/p>\n\u003cp>San Joaquin County District Attorney Tori Verber Salazar said she was aware of the allegations before the doctors resigned and had launched an investigation “several weeks” ago.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.facebook.com/SJCDA/posts/1702461886467144\" target=\"_blank\" rel=\"noopener\">Dec. 12 post\u003c/a> on the DA’s Facebook page stated: “San Joaquin County Pathologists Dr. Bennet Omalu and Susan Parson have made our office aware of concerns in the operations of their office, and requested the District Attorney to investigate. The investigation has been initiated and is ongoing. When the investigation is complete, this office will review the facts as presented and make the appropriate decisions at that time.”\u003c/p>\n\u003cfigure id=\"attachment_11633436\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11633436\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Joaquin County District Attorney Tori Verber Salazar with investigation files for the 2008 death of Daniel Lee Humprheys, who was tased to death by a CHP officer. \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some residents want an independent agency outside the county to investigate the allegations against Moore.\u003c/p>\n\u003cp>“I don't know how they could possibly investigate the sheriff's office regarding these cases because they're the ones that also handled all of the officer-involved cases” said Barbara Steward, a Stockton resident whose ex-husband, Daniel Humphreys, died in 2008 after being \u003ca href=\"https://ww2.kqed.org/news/2017/12/11/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident/\" target=\"_blank\" rel=\"noopener\">tased 31 times\u003c/a> by a California Highway Patrol officer. “I'm not sure how they can be impartial.”\u003c/p>\n\u003cp>In notes sent to county officials this month, Omalu accused the sheriff of withholding a report generated by the Taser weapon the officer used. When DA Verber Salazar -- then a deputy prosecutor -- shared the Taser report with Omalu two years later, showing Humphreys was shocked for 2½ minutes, Omalu changed his findings in the case from accidental death to a homicide.\u003c/p>\n\u003cp>Steward, who was married to Humphreys for 13 years and had two daughters with him, was working for the sheriff when he died. She and Humphreys had divorced and she had remarried. Steward retired this year.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nShe said that after the doctors’ allegations surfaced, she felt free to finally reveal what she knew about the night her ex-husband died.\u003c/p>\n\u003cp>“He (Moore) was aware of that case very early on when it was unfolding on scene,” Steward said. “As soon as that information (from the Taser) was downloaded -- which is a pretty instant thing -- I'm sure he was made aware of what that was.”\u003c/p>\n\u003cp>She said an apparent lack of follow-up on that case by the district attorney’s office still bothers her.\u003c/p>\n\u003cp>Now Steward wants the attorney general of California or some other independent agency to investigate the allegations against Moore.\u003c/p>\n\u003cp>“I think it needs to be handled by someone higher up,” Steward said.\u003c/p>\n\u003cp>In a statement this week, a spokesperson for Attorney General Xavier Becerra wrote, “To protect its integrity, we can’t comment on, even to confirm or deny, a potential or ongoing investigation.”\u003c/p>\n\u003cp>\u003cstrong>Allegations Fuel Calls For Independent Medical Examiner\u003c/strong>\u003c/p>\n\u003cp>In response to the allegations against the sheriff, a growing number of physicians -- including the California Medical Association -- have urged the county Board of Supervisors to create a medical examiner’s office run by physicians, who would determine both the cause and manner of suspicious deaths.\u003c/p>\n\u003cp>San Joaquin County, like the majority of counties in California, established a sheriff-coroner system for investigating sudden, violent or suspicious deaths, and all deaths involving law enforcement. Typically the coroner, who is also the elected sheriff, hires a forensic pathologist to conduct autopsies and determine the medical causes of death, such as a heart attack or blunt-force trauma. Then the sheriff determines the manner of death: accidental, suicide, homicide, natural or undetermined -- based on the autopsy findings and the investigatory findings of law enforcement.\u003c/p>\n\u003cp>Critics of the system say having an elected official determine the manner of death presents a conflict of interest, and creates a perception, real or not, that political pressure affected the outcome.\u003c/p>\n\u003cp>During the public comment period at a Dec. 12 county Board of Supervisors meeting, Dr. Grant Mellor of the San Joaquin County Medical Society urged supervisors to take immediate action to protect the independence of forensic pathologists performing autopsies.\u003c/p>\n\u003cp>“This is gaining national -- as well as international -- attention,” said Dr. Kwabena Adubofour at the same meeting, referring to reports and editorials in The Washington Post and texts he said he’d received from colleagues in London asking, “What’s going on in San Joaquin County?”\u003c/p>\n\u003cp>DA Verber Salazar also urged the board to create a separate medical examiner’s office.\u003c/p>\n\u003cp>Board of Supervisors Chair Chuck Winn said he’s waiting for the county counsel to investigate the allegations and determine if any laws were violated.\u003c/p>\n\u003cp>Winn said it would be “irresponsible” to make decisions until the board has all the facts gathered.\u003c/p>\n\u003cp>“Certainly we want to make sure that everybody has an opportunity to provide their input or side as to as to what's occurred and maybe what needs to be done in the future,” he said. “I think it's a little early to make any decisions as to what we're going to do until we have a chance to evaluate what the costs or the consequences the reorganization would entail.”\u003c/p>\n\u003cp>The Santa Clara County Board of Supervisors, for example, voted last year to restore the independence of medical examiners following allegations that the sheriff had interfered with death investigations by withholding evidence and pressuring forensic pathologists to change their findings. The shift resulted in an annual $800,000 increase to the county budget.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Moore said he “would fully support separation” if the Board of Supervisors and the people of San Joaquin County want it.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11638866/pathologists-say-san-joaquin-sheriffs-meddling-could-have-compromised-murder-cases","authors":["6625"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8"],"tags":["news_22174","news_22173","news_19542","news_22171","news_22846","news_22172","news_17286"],"featImg":"news_11633434","label":"news_72"},"news_11636262":{"type":"posts","id":"news_11636262","meta":{"index":"posts_1591205157","site":"news","id":"11636262","score":null,"sort":[1513042445000]},"guestAuthors":[],"slug":"the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident","title":"The Officer Tased Him 31 Times; the Sheriff Called His Death an Accident","publishDate":1513042445,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Daniel Lee Humphreys was speeding on his motorcycle down a freeway in Stockton, fleeing from a California Highway Patrol officer, when he crashed. Humphreys, 47, staggered to the median and tried to climb over a metal divider. The officer shocked him repeatedly with a Taser gun and killed him.\u003c/p>\n\u003cp>It has been more than nine years since that July night in 2008, but Humphreys’ ex-wife, Barbara Steward, said his death is in her thoughts every day.\u003c/p>\n\u003cp>“It's something I probably will think about the rest of my life, because of the way it all turned out,” Steward said one evening in November, as she sat on her den sofa in a wash of candlelight. Steward talked about her 13-year marriage to Humphreys and the two daughters they raised together.\u003c/p>\n\u003cp>She said it would have been easier for the girls, who were 13 and 18 at the time, to accept their father’s death if had happened naturally, or even by accident.\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/tcr/2017/12/CoronerObstructSmall.mp3\" title=\"Father of Two Died After an Officer Tased Him 31 Times; Sheriff Called It an Accident\" program=\"The California Report\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/IMG_6147.jpg\"]\u003c/p>\n\u003cp>“But to know it was preventable, and it was so excessive, and then for nothing to be done,” she said. “I think that's what I struggle with every day for my kids.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Steward said it still stings that San Joaquin County Sheriff-Coroner Steve Moore ruled Humphreys' death an accident -- especially knowing that his office had evidence about the Taser that was withheld from the forensic pathologist who conducted the autopsy.\u003c/p>\n\u003cp>“It was only reported that he was tased twice and in reality he was tased 31 times,” she said. “I'm not sure how that can be overlooked or swept under a carpet like it was.”\u003c/p>\n\u003cp>Questions about Humphreys’ death surfaced last week when the county’s chief forensic pathologist resigned, accusing Sheriff Moore -- who oversees the coroner’s office -- of meddling in the investigations of deaths in which law enforcement officers were involved.\u003c/p>\n\u003cfigure id=\"attachment_11634854\" class=\"wp-caption alignright\" style=\"max-width: 491px\">\u003cimg class=\"size-full wp-image-11634854\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28180_Omalu.png\" alt=\"Dr. Bennet Omalu\" width=\"491\" height=\"733\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28180_Omalu.png 491w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28180_Omalu-160x239.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28180_Omalu-240x358.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28180_Omalu-375x560.png 375w\" sizes=\"(max-width: 491px) 100vw, 491px\">\u003cfigcaption class=\"wp-caption-text\">Forensic pathologist Bennet Omalu \u003ccite>(Courtesy of Bennet Omalu)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dr. Bennet Omalu -- best known for his discovery of a traumatic brain injury in football players and played by Will Smith in the movie \"Concussion\" -- raised the Humphreys case, along with several more recent officer-involved deaths, in memos released last week accusing the sheriff of repeatedly withholding investigative reports and certifying deaths as accidents in order to protect officers.\u003c/p>\n\u003cp>In an Aug. 22, 2017, memo -- one of several he wrote this year to document what he sees as wrongdoing by the sheriff -- Omalu said that in the Humphreys case, “information was intentionally withheld from me by the sheriff, in order to mislead me from determining the case to be a homicide.”\u003c/p>\n\u003cp>At the time of Humphreys’ death Omalu had been with the county less than a year. He wrote that he had initially thought the suppression of evidence was “an anomaly” but has since come to regard it as “routine.”\u003c/p>\n\u003ch3>Physicians Associations Call for Creating an Independent Medical Examiner\u003c/h3>\n\u003cp>The accusations raise questions more broadly about the independence of death investigations in a sheriff-coroner system, in which forensic pathologists work under a law enforcement officer, according to the California Medical Association and the San Joaquin Medical Society.\u003c/p>\n\u003cp>“The issue of diminished public trust in the autopsy process is not new,” Dr. Grant Mellor, president of the county medical society, wrote in a letter to the San Joaquin County Board of Supervisors last week.\u003c/p>\n\u003cp>Citing related allegations in Santa Clara County, Mellor and the president of the statewide medical association, Dr. Theodore Mazer, called on San Joaquin County officials to immediately create an independent medical examiner’s office and remove control of coroner functions from the sheriff.\u003c/p>\n\u003cp>San Joaquin is one of 50 California counties that have an elected sheriff-coroner, while the remaining eight, including San Francisco, Los Angeles and San Diego, have independent medical examiners.\u003c/p>\n\u003ch3>Sheriff Calls Accusations of Interference False\u003c/h3>\n\u003cp>Sheriff Moore has denied Omalu’s allegations. In a statement on Dec. 6, the day after Omalu’s resignation, Moore wrote that he had never interfered with forensic examinations.\u003c/p>\n\u003cp>“I would never try to control, influence, or change the opinions of Dr. Omalu or any pathologist working on a case,” he said.\u003c/p>\n\u003cp>The San Joaquin County district attorney is investigating the allegations.\u003c/p>\n\u003cfigure id=\"attachment_11633434\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11633434\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Joaquin County Sheriff-Coroner's Office \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>Evidence Withheld Distorted, Delayed Autopsy Results\u003c/h3>\n\u003cp>Barbara Steward and her daughters filed a wrongful death lawsuit in 2009 against the state of California, the CHP and the officer who fired the Taser. In a deposition to an attorney for the family, Omalu described what happened when he conducted the autopsy.\u003c/p>\n\u003cp>Omalu said the sheriff’s deputy investigating the death initially told him that the CHP officer who chased Humphreys to that freeway median fired his Taser “twice.”\u003c/p>\n\u003cp>Omalu said he asked sheriff’s investigators for the Taser printout that shows the number of times the trigger was pulled and the length of each electrical shock. He said he kept Humphreys’ autopsy file open for six months, waiting for the report.\u003c/p>\n\u003cp>When he couldn’t get a copy, he based his findings on the evidence available to him. He wrote that the death was likely caused by a head injury from the crash, and -- in the cover sheet accompanying the autopsy report -- he advised the sheriff that the death was an accident.\u003c/p>\n\u003cp>Omalu testified that two years later he got a phone call from the deputy district attorney assigned to the case. Tori Verber Salazar asked him if he had seen the Taser report. Omalu told her he hadn’t and, according to his deposition, Verber Salazar replied, “I thought as much.” She faxed him the report.\u003c/p>\n\u003cp>When Omalu finally saw the 31 Taser discharges -- subjecting Humphreys to 2½ minutes of electrical current -- he no longer considered the death an accident. He amended his autopsy report to state that Humphreys had died from repeated electrical shock when police intervened. And he advised the sheriff that the death was a homicide. In forensic pathology, the definition of homicide is a “death at the hands of another.” The term does not ascribe motive or guilt.\u003c/p>\n\u003cp>According to California government code, determining the \u003ci>cause\u003c/i> of death -- what killed a person -- is the purview of the forensic pathologist, in this case Omalu, but certifying the \u003ci>manner\u003c/i> of death -- whether a person’s death is an accident, a homicide, a suicide, a result of natural causes or undetermined -- is the job of the sheriff-coroner.\u003c/p>\n\u003cp>On Humphreys’ death certificate Sheriff Moore listed the manner of death as an accident -- both initially and after Omalu advised him the death should be considered a homicide.\u003c/p>\n\u003cp>When asked about the Humphreys’ case last week, Moore told KQED he needed time to review his files on it before he could answer questions about it.\u003c/p>\n\u003cp>Omalu’s deposition became evidence in the civil lawsuit that Barbara Steward and her daughters filed against the state of California, the CHP and the officer who fired the Taser.\u003c/p>\n\u003cp>The family’s attorney, Los Angeles-based Peter Williamson, said he is convinced the CHP and the San Joaquin County sheriff engaged in a cover-up. He said the CHP printed out the \u003ca href=\"#taserreport\">Taser report\u003c/a> the day after Humphreys’ death -- the same day Omalu performed the autopsy. According to a source close to the sheriff’s office who asked not to be named for fear of retaliation, deputies there also knew about the Taser.\u003c/p>\n\u003cp>“I cannot for the life of me fathom what the possible explanation could be for the withholding of that evidence,” Williamson told KQED, “other than that it was a not-so-subtle attempt to clear the officer from any wrongdoing.”\u003c/p>\n\u003cp>Williamson, who has litigated other Taser lawsuits, explained the weapon shoots two fishhook-shaped prongs that catch on clothing or skin and are connected to the device by electrical wires. Pulling the trigger sends an electrical current through the person’s body, spasming muscles and causing the person to collapse.\u003c/p>\n\u003cp>That’s what happened to Daniel Humphreys.\u003c/p>\n\u003cp>“He went down and he never moved from the position that he landed in on the ground,” Williamson said. According to reports that Williamson reviewed, the officer “kept yelling for him to move one of his arms, which was pinned underneath him.” When Humphreys didn’t respond, “(the officer) just kept firing over and over and over again.”\u003c/p>\n\u003cp>At the time of Humphreys’ death, Barbara Steward worked as a civilian employee in the San Joaquin County Sheriff’s Office. She has since retired.\u003c/p>\n\u003cp>Sitting stiffly on her sofa, she said bitterly that she believes the sheriff buried evidence that Humphreys was killed with a Taser out of fear that it would make it harder for law enforcement to use the weapon.\u003c/p>\n\u003cp>“If the sheriff had ruled this as a homicide, as it should have been...” Steward said, “it would have had such impact on law enforcement that he would have taken a lot of heat.”\u003c/p>\n\u003cp>The Highway Patrol’s internal investigation cleared the officer of wrongdoing, but it was not released publicly.\u003c/p>\n\u003cp>In 2015 the state settled the lawsuit with Steward and her daughters for $1 million. In a filing summarizing the case, attorney Williamson said the withholding of evidence from Dr. Omalu prevented him from discovering “the true facts” of the case and “obstructed justice.”\u003c/p>\n\u003cp>Steward said settling the lawsuit, rather than going to trial, spared her daughters from having to revisit their father’s death over and over in court. But she also regrets it.\u003c/p>\n\u003cp>“Money doesn't replace a person, it doesn't fix the wrong,” she said. “Had it been me, myself, I would have pushed it to the end, just to look that officer in the eye in a courtroom.”\u003c/p>\n\u003ch3>DA Poised to Issue Report on Humphreys’ Death, Nearly a Decade On\u003c/h3>\n\u003cp>The San Joaquin County District Attorney’s Office also opened an investigation into Humphreys’ death, as it does with all officer-involved deaths. The DA did not file charges against the CHP officer -- and, almost a decade later, has not published a report explaining why.\u003c/p>\n\u003cfigure id=\"attachment_11633436\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11633436 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Joaquin County District Attorney Tori Verber Salazar with investigation files for the 2008 death of Daniel Lee Humphreys, who was stunned by a taser 31 times by a CHP officer. \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Tori Verber Salazar, who was elected district attorney in 2015, said the Humphreys investigation was completed only recently. Lugging a 2-foot stack of binders into a conference room in her Stockton office, she said all the reports are there, just not public yet.\u003c/p>\n\u003cp>\"We should have done a better job here and we didn't, and I apologize for that,\" Verber Salazar said.\u003c/p>\n\u003cp>She said she plans to go over the results with Steward and Humphreys’ daughters before the end of the year.\u003c/p>\n\u003cp>In a Dec 4, 2017, statement posted on Facebook the San Joaquin District Attorney's Office said she decides whether to prosecute a case based on an independent assessment, not on how the sheriff-coroner certifies a death.\u003c/p>\n\u003cp>Verber Salazar said there was insufficient evidence to charge the CHP officer with Humphreys death. She said that, given the high-speed chase and the officer’s suspicion that Humphreys had a gun, the officer was justified in his use of force.\u003c/p>\n\u003ch3>Urgent Calls for Reform\u003c/h3>\n\u003cp>Dr. Omalu and his colleague, Dr. Susan Parson, who resigned from the San Joaquin Sheriff's Office last month, both documented other cases in which they say the sheriff interfered in their autopsies -- preventing them from going to crime scenes or withholding investigatory reports.\u003c/p>\n\u003cp>For Omalu and the physicians associations, such interference compromises the integrity of the county’s death investigations.\u003c/p>\n\u003cp>“Physicians have a professional and ethical obligation to place the patient’s interest foremost, even in death,” wrote the CMA president Theodore Mazer in a press release last week. “Allowing non-physicians to influence the practice of medicine in any way, shape or form, puts all patients at risk. ...\"\u003c/p>\n\u003cp>At least two county supervisors have acknowledged the seriousness of the accusations against the sheriff.\u003c/p>\n\u003cp>“These are pretty intense allegations,” said Supervisor Miguel Villapudua. “It doesn’t sound good.”\u003c/p>\n\u003cp>But he added, “I want to give the sheriff an opportunity to defend himself.”\u003c/p>\n\u003cp>Supervisor Tom Patti told KQED that county leaders are beginning to look into the sheriff’s conduct and, more broadly, the way death investigations are handled.\u003c/p>\n\u003cp>“County counsel is reviewing our protocol and our standard practices,” he said.\u003c/p>\n\u003cp>Patti said the county was already exploring the idea of adopting a medical examiner system -- in which a physician, board certified in forensic pathology, decides both the cause and manner of death, independent of law enforcement.\u003c/p>\n\u003cp>Patti said he asked the County Administrator’s Office a couple of months ago to analyze what the change would mean for San Joaquin County.\u003c/p>\n\u003cp>“We’re looking at what other counties do,” Patti said. “We will certainly test the waters before we jump in.”\u003c/p>\n\u003cp>Weeks before Omalu and Parson resigned, Barbara Steward was already convinced that the county should change how it handles death investigations.\u003c/p>\n\u003cp>Clutching a tissue to dab away tears, she said she believes forensic pathologists should be the ones to determine both the cause and manner of death.\u003c/p>\n\u003cp>“They're the ones that know what kills a person,” she said. Then she added, the sheriff “just has too much power to misuse that final say.”\u003cbr>\n\u003ca id=\"taserreport\">\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4310338-Humphreys-Death-TASER-Report-2008-07-27\"]\u003c/p>\n\n","blocks":[],"excerpt":"Stockton woman says San Joaquin County sheriff swept evidence of excessive force 'under a carpet' in her ex-husband's death.","status":"publish","parent":0,"modified":1617903788,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":63,"wordCount":2389},"headData":{"title":"The Officer Tased Him 31 Times; the Sheriff Called His Death an Accident | KQED","description":"Stockton woman says San Joaquin County sheriff swept evidence of excessive force 'under a carpet' in her ex-husband's death.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"The Officer Tased Him 31 Times; the Sheriff Called His Death an Accident","datePublished":"2017-12-12T01:34:05.000Z","dateModified":"2021-04-08T17:43:08.000Z","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":"11636262 https://ww2.kqed.org/news/?p=11636262","disqusUrl":"https://ww2.kqed.org/news/2017/12/11/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident/","disqusTitle":"The Officer Tased Him 31 Times; the Sheriff Called His Death an Accident","templateType":"standard","featuredImageType":"standard","path":"/news/11636262/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Daniel Lee Humphreys was speeding on his motorcycle down a freeway in Stockton, fleeing from a California Highway Patrol officer, when he crashed. Humphreys, 47, staggered to the median and tried to climb over a metal divider. The officer shocked him repeatedly with a Taser gun and killed him.\u003c/p>\n\u003cp>It has been more than nine years since that July night in 2008, but Humphreys’ ex-wife, Barbara Steward, said his death is in her thoughts every day.\u003c/p>\n\u003cp>“It's something I probably will think about the rest of my life, because of the way it all turned out,” Steward said one evening in November, as she sat on her den sofa in a wash of candlelight. Steward talked about her 13-year marriage to Humphreys and the two daughters they raised together.\u003c/p>\n\u003cp>She said it would have been easier for the girls, who were 13 and 18 at the time, to accept their father’s death if had happened naturally, or even by accident.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"https://www.kqed.org/.stream/anon/radio/tcr/2017/12/CoronerObstructSmall.mp3","title":"Father of Two Died After an Officer Tased Him 31 Times; Sheriff Called It an Accident","program":"The California Report","image":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/IMG_6147.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“But to know it was preventable, and it was so excessive, and then for nothing to be done,” she said. “I think that's what I struggle with every day for my kids.”\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>Steward said it still stings that San Joaquin County Sheriff-Coroner Steve Moore ruled Humphreys' death an accident -- especially knowing that his office had evidence about the Taser that was withheld from the forensic pathologist who conducted the autopsy.\u003c/p>\n\u003cp>“It was only reported that he was tased twice and in reality he was tased 31 times,” she said. “I'm not sure how that can be overlooked or swept under a carpet like it was.”\u003c/p>\n\u003cp>Questions about Humphreys’ death surfaced last week when the county’s chief forensic pathologist resigned, accusing Sheriff Moore -- who oversees the coroner’s office -- of meddling in the investigations of deaths in which law enforcement officers were involved.\u003c/p>\n\u003cfigure id=\"attachment_11634854\" class=\"wp-caption alignright\" style=\"max-width: 491px\">\u003cimg class=\"size-full wp-image-11634854\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/12/RS28180_Omalu.png\" alt=\"Dr. Bennet Omalu\" width=\"491\" height=\"733\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28180_Omalu.png 491w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28180_Omalu-160x239.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28180_Omalu-240x358.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/12/RS28180_Omalu-375x560.png 375w\" sizes=\"(max-width: 491px) 100vw, 491px\">\u003cfigcaption class=\"wp-caption-text\">Forensic pathologist Bennet Omalu \u003ccite>(Courtesy of Bennet Omalu)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dr. Bennet Omalu -- best known for his discovery of a traumatic brain injury in football players and played by Will Smith in the movie \"Concussion\" -- raised the Humphreys case, along with several more recent officer-involved deaths, in memos released last week accusing the sheriff of repeatedly withholding investigative reports and certifying deaths as accidents in order to protect officers.\u003c/p>\n\u003cp>In an Aug. 22, 2017, memo -- one of several he wrote this year to document what he sees as wrongdoing by the sheriff -- Omalu said that in the Humphreys case, “information was intentionally withheld from me by the sheriff, in order to mislead me from determining the case to be a homicide.”\u003c/p>\n\u003cp>At the time of Humphreys’ death Omalu had been with the county less than a year. He wrote that he had initially thought the suppression of evidence was “an anomaly” but has since come to regard it as “routine.”\u003c/p>\n\u003ch3>Physicians Associations Call for Creating an Independent Medical Examiner\u003c/h3>\n\u003cp>The accusations raise questions more broadly about the independence of death investigations in a sheriff-coroner system, in which forensic pathologists work under a law enforcement officer, according to the California Medical Association and the San Joaquin Medical Society.\u003c/p>\n\u003cp>“The issue of diminished public trust in the autopsy process is not new,” Dr. Grant Mellor, president of the county medical society, wrote in a letter to the San Joaquin County Board of Supervisors last week.\u003c/p>\n\u003cp>Citing related allegations in Santa Clara County, Mellor and the president of the statewide medical association, Dr. Theodore Mazer, called on San Joaquin County officials to immediately create an independent medical examiner’s office and remove control of coroner functions from the sheriff.\u003c/p>\n\u003cp>San Joaquin is one of 50 California counties that have an elected sheriff-coroner, while the remaining eight, including San Francisco, Los Angeles and San Diego, have independent medical examiners.\u003c/p>\n\u003ch3>Sheriff Calls Accusations of Interference False\u003c/h3>\n\u003cp>Sheriff Moore has denied Omalu’s allegations. In a statement on Dec. 6, the day after Omalu’s resignation, Moore wrote that he had never interfered with forensic examinations.\u003c/p>\n\u003cp>“I would never try to control, influence, or change the opinions of Dr. Omalu or any pathologist working on a case,” he said.\u003c/p>\n\u003cp>The San Joaquin County district attorney is investigating the allegations.\u003c/p>\n\u003cfigure id=\"attachment_11633434\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11633434\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28170_IMG_6103-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Joaquin County Sheriff-Coroner's Office \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>Evidence Withheld Distorted, Delayed Autopsy Results\u003c/h3>\n\u003cp>Barbara Steward and her daughters filed a wrongful death lawsuit in 2009 against the state of California, the CHP and the officer who fired the Taser. In a deposition to an attorney for the family, Omalu described what happened when he conducted the autopsy.\u003c/p>\n\u003cp>Omalu said the sheriff’s deputy investigating the death initially told him that the CHP officer who chased Humphreys to that freeway median fired his Taser “twice.”\u003c/p>\n\u003cp>Omalu said he asked sheriff’s investigators for the Taser printout that shows the number of times the trigger was pulled and the length of each electrical shock. He said he kept Humphreys’ autopsy file open for six months, waiting for the report.\u003c/p>\n\u003cp>When he couldn’t get a copy, he based his findings on the evidence available to him. He wrote that the death was likely caused by a head injury from the crash, and -- in the cover sheet accompanying the autopsy report -- he advised the sheriff that the death was an accident.\u003c/p>\n\u003cp>Omalu testified that two years later he got a phone call from the deputy district attorney assigned to the case. Tori Verber Salazar asked him if he had seen the Taser report. Omalu told her he hadn’t and, according to his deposition, Verber Salazar replied, “I thought as much.” She faxed him the report.\u003c/p>\n\u003cp>When Omalu finally saw the 31 Taser discharges -- subjecting Humphreys to 2½ minutes of electrical current -- he no longer considered the death an accident. He amended his autopsy report to state that Humphreys had died from repeated electrical shock when police intervened. And he advised the sheriff that the death was a homicide. In forensic pathology, the definition of homicide is a “death at the hands of another.” The term does not ascribe motive or guilt.\u003c/p>\n\u003cp>According to California government code, determining the \u003ci>cause\u003c/i> of death -- what killed a person -- is the purview of the forensic pathologist, in this case Omalu, but certifying the \u003ci>manner\u003c/i> of death -- whether a person’s death is an accident, a homicide, a suicide, a result of natural causes or undetermined -- is the job of the sheriff-coroner.\u003c/p>\n\u003cp>On Humphreys’ death certificate Sheriff Moore listed the manner of death as an accident -- both initially and after Omalu advised him the death should be considered a homicide.\u003c/p>\n\u003cp>When asked about the Humphreys’ case last week, Moore told KQED he needed time to review his files on it before he could answer questions about it.\u003c/p>\n\u003cp>Omalu’s deposition became evidence in the civil lawsuit that Barbara Steward and her daughters filed against the state of California, the CHP and the officer who fired the Taser.\u003c/p>\n\u003cp>The family’s attorney, Los Angeles-based Peter Williamson, said he is convinced the CHP and the San Joaquin County sheriff engaged in a cover-up. He said the CHP printed out the \u003ca href=\"#taserreport\">Taser report\u003c/a> the day after Humphreys’ death -- the same day Omalu performed the autopsy. According to a source close to the sheriff’s office who asked not to be named for fear of retaliation, deputies there also knew about the Taser.\u003c/p>\n\u003cp>“I cannot for the life of me fathom what the possible explanation could be for the withholding of that evidence,” Williamson told KQED, “other than that it was a not-so-subtle attempt to clear the officer from any wrongdoing.”\u003c/p>\n\u003cp>Williamson, who has litigated other Taser lawsuits, explained the weapon shoots two fishhook-shaped prongs that catch on clothing or skin and are connected to the device by electrical wires. Pulling the trigger sends an electrical current through the person’s body, spasming muscles and causing the person to collapse.\u003c/p>\n\u003cp>That’s what happened to Daniel Humphreys.\u003c/p>\n\u003cp>“He went down and he never moved from the position that he landed in on the ground,” Williamson said. According to reports that Williamson reviewed, the officer “kept yelling for him to move one of his arms, which was pinned underneath him.” When Humphreys didn’t respond, “(the officer) just kept firing over and over and over again.”\u003c/p>\n\u003cp>At the time of Humphreys’ death, Barbara Steward worked as a civilian employee in the San Joaquin County Sheriff’s Office. She has since retired.\u003c/p>\n\u003cp>Sitting stiffly on her sofa, she said bitterly that she believes the sheriff buried evidence that Humphreys was killed with a Taser out of fear that it would make it harder for law enforcement to use the weapon.\u003c/p>\n\u003cp>“If the sheriff had ruled this as a homicide, as it should have been...” Steward said, “it would have had such impact on law enforcement that he would have taken a lot of heat.”\u003c/p>\n\u003cp>The Highway Patrol’s internal investigation cleared the officer of wrongdoing, but it was not released publicly.\u003c/p>\n\u003cp>In 2015 the state settled the lawsuit with Steward and her daughters for $1 million. In a filing summarizing the case, attorney Williamson said the withholding of evidence from Dr. Omalu prevented him from discovering “the true facts” of the case and “obstructed justice.”\u003c/p>\n\u003cp>Steward said settling the lawsuit, rather than going to trial, spared her daughters from having to revisit their father’s death over and over in court. But she also regrets it.\u003c/p>\n\u003cp>“Money doesn't replace a person, it doesn't fix the wrong,” she said. “Had it been me, myself, I would have pushed it to the end, just to look that officer in the eye in a courtroom.”\u003c/p>\n\u003ch3>DA Poised to Issue Report on Humphreys’ Death, Nearly a Decade On\u003c/h3>\n\u003cp>The San Joaquin County District Attorney’s Office also opened an investigation into Humphreys’ death, as it does with all officer-involved deaths. The DA did not file charges against the CHP officer -- and, almost a decade later, has not published a report explaining why.\u003c/p>\n\u003cfigure id=\"attachment_11633436\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11633436 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/11/RS28086_IMG_6088-qut-1-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Joaquin County District Attorney Tori Verber Salazar with investigation files for the 2008 death of Daniel Lee Humphreys, who was stunned by a taser 31 times by a CHP officer. \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Tori Verber Salazar, who was elected district attorney in 2015, said the Humphreys investigation was completed only recently. Lugging a 2-foot stack of binders into a conference room in her Stockton office, she said all the reports are there, just not public yet.\u003c/p>\n\u003cp>\"We should have done a better job here and we didn't, and I apologize for that,\" Verber Salazar said.\u003c/p>\n\u003cp>She said she plans to go over the results with Steward and Humphreys’ daughters before the end of the year.\u003c/p>\n\u003cp>In a Dec 4, 2017, statement posted on Facebook the San Joaquin District Attorney's Office said she decides whether to prosecute a case based on an independent assessment, not on how the sheriff-coroner certifies a death.\u003c/p>\n\u003cp>Verber Salazar said there was insufficient evidence to charge the CHP officer with Humphreys death. She said that, given the high-speed chase and the officer’s suspicion that Humphreys had a gun, the officer was justified in his use of force.\u003c/p>\n\u003ch3>Urgent Calls for Reform\u003c/h3>\n\u003cp>Dr. Omalu and his colleague, Dr. Susan Parson, who resigned from the San Joaquin Sheriff's Office last month, both documented other cases in which they say the sheriff interfered in their autopsies -- preventing them from going to crime scenes or withholding investigatory reports.\u003c/p>\n\u003cp>For Omalu and the physicians associations, such interference compromises the integrity of the county’s death investigations.\u003c/p>\n\u003cp>“Physicians have a professional and ethical obligation to place the patient’s interest foremost, even in death,” wrote the CMA president Theodore Mazer in a press release last week. “Allowing non-physicians to influence the practice of medicine in any way, shape or form, puts all patients at risk. ...\"\u003c/p>\n\u003cp>At least two county supervisors have acknowledged the seriousness of the accusations against the sheriff.\u003c/p>\n\u003cp>“These are pretty intense allegations,” said Supervisor Miguel Villapudua. “It doesn’t sound good.”\u003c/p>\n\u003cp>But he added, “I want to give the sheriff an opportunity to defend himself.”\u003c/p>\n\u003cp>Supervisor Tom Patti told KQED that county leaders are beginning to look into the sheriff’s conduct and, more broadly, the way death investigations are handled.\u003c/p>\n\u003cp>“County counsel is reviewing our protocol and our standard practices,” he said.\u003c/p>\n\u003cp>Patti said the county was already exploring the idea of adopting a medical examiner system -- in which a physician, board certified in forensic pathology, decides both the cause and manner of death, independent of law enforcement.\u003c/p>\n\u003cp>Patti said he asked the County Administrator’s Office a couple of months ago to analyze what the change would mean for San Joaquin County.\u003c/p>\n\u003cp>“We’re looking at what other counties do,” Patti said. “We will certainly test the waters before we jump in.”\u003c/p>\n\u003cp>Weeks before Omalu and Parson resigned, Barbara Steward was already convinced that the county should change how it handles death investigations.\u003c/p>\n\u003cp>Clutching a tissue to dab away tears, she said she believes forensic pathologists should be the ones to determine both the cause and manner of death.\u003c/p>\n\u003cp>“They're the ones that know what kills a person,” she said. Then she added, the sheriff “just has too much power to misuse that final say.”\u003cbr>\n\u003ca id=\"taserreport\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/4310338-Humphreys-Death-TASER-Report-2008-07-27","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11636262/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident","authors":["6625"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8"],"tags":["news_22173","news_19542","news_21047","news_22171","news_22172","news_17286","news_17041"],"featImg":"news_11636325","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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