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"content": "\u003cp>Morgan Kemple heard a knock on her door at 4:30 in the morning on July 27, 2016. She was concerned that her daughters, ages 2 and 5, would wake up. She went to the door and saw several Cal Fire officials outside. They asked to come in.\u003c/p>\n\u003cp>Days earlier her husband, 35-year-old Robert Reagan, pulled out of the driveway from their home in Friant, Fresno County, and headed off to help battle a massive blaze burning in Monterey County, which would become the costliest fire in U.S. history.\u003c/p>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/goldberg20170418.mp3\" title=\"Widow of Bulldozer Operator Killed in Soberanes Fire Struggles to Get By\" program=\"KQED News\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35.png\"]\u003c/p>\n\u003cp>\"They told me there was an accident and that Robert wasn't OK,\" Kemple said in an interview with KQED. \"I immediately went to, 'Let's go, I'll get the kids right now.' They said, 'No, he's dead.' \"\u003c/p>\n\u003cp>Reagan was working as a bulldozer driver for a private company that was contracted to help battle what became known as the Soberanes Fire. During massive fires, the U.S. Forest Service and Cal Fire rely heavily on hundreds of private contractors to supply heavy equipment and the people to operate them.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[contextly_sidebar id=\"AU6NhmwSdu1KEGArzo8KjL1oGjslRBjZ\"]\u003c/p>\n\u003cp>The bulldozer Reagan was driving tipped over on a steep embankment in the middle of the night and pinned him to the ground.\u003c/p>\n\u003cp>In the moments after learning of her husband's death, Kemple was given few details about the accident.\u003c/p>\n\u003cp>\"They told me that the bulldozer had rolled. They said they didn't have all the details,\" Kemple said. \"It was probably midday when I learned that he was trapped underneath the dozer.\"\u003c/p>\n\u003cp>\u003cstrong>Family Lost a Husband, Father and Breadwinner\u003c/strong>\u003c/p>\n\u003cp>The tragedy came just over 12 years after Kemple and Reagan met. She remembers the very night it happened at a bar with her friends.\u003c/p>\n\u003cp>\"I walked up and introduced myself, and the next thing I know he bought me a drink and he was singing karaoke to me and we were dancing and having a good time. And we were inseparable from that point on,\" Kemple said.\u003c/p>\n\u003cfigure id=\"attachment_11042174\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11042174\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png\" alt=\"Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \" width=\"800\" height=\"449\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-400x225.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35.png 935w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \u003ccite>(Cal Fire)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He was working as a truck driver when he met Kemple. Later, she would help him run a trucking company that he owned.\u003c/p>\n\u003cp>About 10 years ago one of Reagan's friends convinced him to help work a wildfire, Kemple said. Every season after that, he would take jobs operating heavy equipment like bulldozers and water trucks, traveling to different parts of the state each time.\u003c/p>\n\u003cp>When he was in the field, the couple would text if he had good cellphone reception so she knew he was OK. But large wildfires often take place in remote areas and with no connections, so she would have to wait to be in touch.\u003c/p>\n\u003cp>\u003cstrong>Accident Prompts Several Probes\u003c/strong>\u003c/p>\n\u003cp>The incident marked the first bulldozer operator fatality in a California wildfire in nearly nine years. State fire officials say it was the first time a private \"vendor\" was killed in a Cal Fire incident.\u003c/p>\n\u003cp>Since the accident, three state agencies opened investigations into the incident and the company that hired Reagan, Czirban Concrete Construction.\u003c/p>\n\u003cp>Cal Fire's preliminary review found that Reagan was not wearing a seat belt.\u003c/p>\n\u003cp>The California Division of Occupational Safety and Health (Cal/OSHA) fined Czirban and Cal Fire and confirmed that the concrete construction company did not have workers' compensation coverage.\u003c/p>\n\u003cp>That oversight and other state violations prompted the Contractors State License Board to try to bar Czirban from working in California again and it led to an investigation by prosecutors in Monterey County.\u003c/p>\n\u003cfigure id=\"attachment_11413609\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11413609 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/reagan-family-photo-800x1001.jpg\" alt=\"Morgan Kemple and Robert Reagan with their two daughters. Reagan was killed on July 26, 2016 when his bulldozer toppled down a hill and pinned him underneath. This photo was posted to a GoFundMe page on behalf of Morgan Kemple.\" width=\"800\" height=\"1001\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-800x1001.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-1020x1276.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-1180x1476.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-960x1201.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-520x651.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo.jpg 1637w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Morgan Kemple and Robert Reagan with their two daughters. \u003ccite>(Courtesy of Morgan Kemple)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On Friday, the Monterey County District Attorney's Office \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire/\" target=\"_blank\">filed seven criminal charges against Czirban\u003c/a>.\u003c/p>\n\u003cp>The fact that Reagan's employer did not have workers' compensation insurance has made it tough for Kemple and her two daughters to collect money from his death. The family has applied for Social Security survivors' benefits.\u003c/p>\n\u003cp>But what's helped the most has been an \u003ca href=\"https://www.gofundme.com/2gtqxkxv\" target=\"_blank\">online fundraising effort\u003c/a> set up in the days after Reagan died. Its initial goal was to raise $16,000 but it's collected over $137,000.\u003c/p>\n\u003cp>Kemple says she uses the money to pay bills, to buy the dresses her daughters wore at Reagan's service and for attorney fees.\u003c/p>\n\u003cp>She and her two kids have filed a wrongful death lawsuit against Cal Fire, which is not commenting on the case.\u003c/p>\n\u003cp>A few of the agency's officials who were in touch with her initially after Reagan's death stopped communicating with her after the suit was filed.\u003c/p>\n\u003cp>Kemple says private contractors like her late husband who handle large equipment in dangerous situations should have more protection in the future.\u003c/p>\n\u003cp>\"There should be something set in place. You never know what's going to happen. They weren't supervising their workman's comp policies. There was no safeguards,\" she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"He was devoted to me and these kids. Everything he did was for us.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The bulldozer Reagan was driving tipped over on a steep embankment in the middle of the night and pinned him to the ground.\u003c/p>\n\u003cp>In the moments after learning of her husband's death, Kemple was given few details about the accident.\u003c/p>\n\u003cp>\"They told me that the bulldozer had rolled. They said they didn't have all the details,\" Kemple said. \"It was probably midday when I learned that he was trapped underneath the dozer.\"\u003c/p>\n\u003cp>\u003cstrong>Family Lost a Husband, Father and Breadwinner\u003c/strong>\u003c/p>\n\u003cp>The tragedy came just over 12 years after Kemple and Reagan met. She remembers the very night it happened at a bar with her friends.\u003c/p>\n\u003cp>\"I walked up and introduced myself, and the next thing I know he bought me a drink and he was singing karaoke to me and we were dancing and having a good time. And we were inseparable from that point on,\" Kemple said.\u003c/p>\n\u003cfigure id=\"attachment_11042174\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11042174\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png\" alt=\"Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \" width=\"800\" height=\"449\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-400x225.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35.png 935w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \u003ccite>(Cal Fire)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He was working as a truck driver when he met Kemple. Later, she would help him run a trucking company that he owned.\u003c/p>\n\u003cp>About 10 years ago one of Reagan's friends convinced him to help work a wildfire, Kemple said. Every season after that, he would take jobs operating heavy equipment like bulldozers and water trucks, traveling to different parts of the state each time.\u003c/p>\n\u003cp>When he was in the field, the couple would text if he had good cellphone reception so she knew he was OK. But large wildfires often take place in remote areas and with no connections, so she would have to wait to be in touch.\u003c/p>\n\u003cp>\u003cstrong>Accident Prompts Several Probes\u003c/strong>\u003c/p>\n\u003cp>The incident marked the first bulldozer operator fatality in a California wildfire in nearly nine years. State fire officials say it was the first time a private \"vendor\" was killed in a Cal Fire incident.\u003c/p>\n\u003cp>Since the accident, three state agencies opened investigations into the incident and the company that hired Reagan, Czirban Concrete Construction.\u003c/p>\n\u003cp>Cal Fire's preliminary review found that Reagan was not wearing a seat belt.\u003c/p>\n\u003cp>The California Division of Occupational Safety and Health (Cal/OSHA) fined Czirban and Cal Fire and confirmed that the concrete construction company did not have workers' compensation coverage.\u003c/p>\n\u003cp>That oversight and other state violations prompted the Contractors State License Board to try to bar Czirban from working in California again and it led to an investigation by prosecutors in Monterey County.\u003c/p>\n\u003cfigure id=\"attachment_11413609\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11413609 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/reagan-family-photo-800x1001.jpg\" alt=\"Morgan Kemple and Robert Reagan with their two daughters. Reagan was killed on July 26, 2016 when his bulldozer toppled down a hill and pinned him underneath. This photo was posted to a GoFundMe page on behalf of Morgan Kemple.\" width=\"800\" height=\"1001\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-800x1001.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-1020x1276.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-1180x1476.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-960x1201.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo-520x651.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/reagan-family-photo.jpg 1637w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Morgan Kemple and Robert Reagan with their two daughters. \u003ccite>(Courtesy of Morgan Kemple)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On Friday, the Monterey County District Attorney's Office \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/prosecutors-file-criminal-charges-against-employer-of-private-contractor-killed-in-massive-big-sur-wildfire/\" target=\"_blank\">filed seven criminal charges against Czirban\u003c/a>.\u003c/p>\n\u003cp>The fact that Reagan's employer did not have workers' compensation insurance has made it tough for Kemple and her two daughters to collect money from his death. The family has applied for Social Security survivors' benefits.\u003c/p>\n\u003cp>But what's helped the most has been an \u003ca href=\"https://www.gofundme.com/2gtqxkxv\" target=\"_blank\">online fundraising effort\u003c/a> set up in the days after Reagan died. Its initial goal was to raise $16,000 but it's collected over $137,000.\u003c/p>\n\u003cp>Kemple says she uses the money to pay bills, to buy the dresses her daughters wore at Reagan's service and for attorney fees.\u003c/p>\n\u003cp>She and her two kids have filed a wrongful death lawsuit against Cal Fire, which is not commenting on the case.\u003c/p>\n\u003cp>A few of the agency's officials who were in touch with her initially after Reagan's death stopped communicating with her after the suit was filed.\u003c/p>\n\u003cp>Kemple says private contractors like her late husband who handle large equipment in dangerous situations should have more protection in the future.\u003c/p>\n\u003cp>\"There should be something set in place. You never know what's going to happen. They weren't supervising their workman's comp policies. There was no safeguards,\" she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"He was devoted to me and these kids. Everything he did was for us.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Prosecutors File Criminal Charges Against Employer of Contractor Killed in Big Sur Wildfire",
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"content": "\u003cp>Prosecutors in Monterey County have \u003ca href=\"https://www.documentcloud.org/documents/3671887-Czirban-Complaint.html\" target=\"_blank\">filed seven criminal counts\u003c/a> against the small construction firm that employed Robert Reagan, the bulldozer operator killed last July while working the massive Soberanes Fire, the costliest wildfire in U.S. history.\u003c/p>\n\u003cp>Reagan's death prompted investigations by\u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\"> Cal Fire\u003c/a> and \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">state workplace regulators\u003c/a>, as well as the state agency that keeps tabs on California's construction industry. The incident led to a wrongful death \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\">lawsuit \u003c/a>against the state. And it brought attention to \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\">vulnerabilities faced by hundreds of private contractors\u003c/a> that help battle California's wildfires year after year.\u003c/p>\n\u003cp>The Monterey County District Attorney's Office is charging Ian Czirban, the owner of Czirban Concrete Construction, with two counts of insurance fraud, two counts of filing a forged document, tax evasion, failure to collect taxes and failure to provide workers' compensation insurance. Six of the seven charges are felonies.\u003c/p>\n\u003cp>\"We are alleging that he submitted documents to government agencies that contained false or forged information,\" said Ed Hazel, Monterey County managing deputy district attorney, in an interview Monday.\u003c/p>\n\u003cp>[contextly_sidebar id=\"sYYoLKeXHUtPQ5ilYYlTN364JDYsla6G\"]\u003c/p>\n\u003cp>Czirban also submitted documents to an insurance carrier that contained false information, according to Hazel.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The most serious offense, the insurance fraud charge, carries a maximum of five years in state prison.\u003c/p>\n\u003cp>District Attorney Dean Flippo filed the criminal complaint on Friday.\u003c/p>\n\u003cp>Czirban has not been arrested. Prosecutors have sent him a \"notice to appear\" for arraignment in Monterey County Superior Court in Salinas on May 11.\u003c/p>\n\u003cp>Justin Reden, a lawyer who has represented Czirban in the past, has yet to return KQED's calls for comment. Ian Czirban could not be reached.\u003c/p>\n\u003cp>Czirban's lawyers have argued that he was not required to carry workers' compensation insurance and that Cal Fire, not the company, was responsible for Reagan.\u003c/p>\n\u003cp>The charges come after state regulators moved to bar the company from working in California. The Contractors State License Board (CSLB) announced in March that the firm \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">violated three state regulations\u003c/a> in connection with its work on the fire.\u003c/p>\n\u003cp>[contextly_sidebar id=\"WeuetW8VXTJCAcqVMzOFlIbeibWrUSO7\"]\u003c/p>\n\u003cp>The Soberanes Fire prompted the investigation by the CSLB, which referred the case to the Monterey County DA's office.\u003c/p>\n\u003cp>\"They let us know that Mr. Czirban potentially did not have workers' compensation insurance when this incident occurred,\" Hazel said. That led to an investigation that revealed more crimes, he said.\u003c/p>\n\u003cp>Word of the prosecution came the same day that KQED published a \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\">story \u003c/a>that delved into the dangers private contractors face as Cal Fire and the U.S. Forest Service rely on them to help battle wildfires.\u003c/p>\n\u003cp>The investigation revealed that some of the people who work in what amounts to a wildfire gig economy regularly face potentially deadly conditions with little or no guarantee of basic protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Along with Czirban, a private company that hired a water tender driver seriously injured in the Soberanes Fire also did not have workers' compensation insurance.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Prosecutors in Monterey County have \u003ca href=\"https://www.documentcloud.org/documents/3671887-Czirban-Complaint.html\" target=\"_blank\">filed seven criminal counts\u003c/a> against the small construction firm that employed Robert Reagan, the bulldozer operator killed last July while working the massive Soberanes Fire, the costliest wildfire in U.S. history.\u003c/p>\n\u003cp>Reagan's death prompted investigations by\u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\"> Cal Fire\u003c/a> and \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">state workplace regulators\u003c/a>, as well as the state agency that keeps tabs on California's construction industry. The incident led to a wrongful death \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\">lawsuit \u003c/a>against the state. And it brought attention to \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\">vulnerabilities faced by hundreds of private contractors\u003c/a> that help battle California's wildfires year after year.\u003c/p>\n\u003cp>The Monterey County District Attorney's Office is charging Ian Czirban, the owner of Czirban Concrete Construction, with two counts of insurance fraud, two counts of filing a forged document, tax evasion, failure to collect taxes and failure to provide workers' compensation insurance. Six of the seven charges are felonies.\u003c/p>\n\u003cp>\"We are alleging that he submitted documents to government agencies that contained false or forged information,\" said Ed Hazel, Monterey County managing deputy district attorney, in an interview Monday.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Czirban also submitted documents to an insurance carrier that contained false information, according to Hazel.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The most serious offense, the insurance fraud charge, carries a maximum of five years in state prison.\u003c/p>\n\u003cp>District Attorney Dean Flippo filed the criminal complaint on Friday.\u003c/p>\n\u003cp>Czirban has not been arrested. Prosecutors have sent him a \"notice to appear\" for arraignment in Monterey County Superior Court in Salinas on May 11.\u003c/p>\n\u003cp>Justin Reden, a lawyer who has represented Czirban in the past, has yet to return KQED's calls for comment. Ian Czirban could not be reached.\u003c/p>\n\u003cp>Czirban's lawyers have argued that he was not required to carry workers' compensation insurance and that Cal Fire, not the company, was responsible for Reagan.\u003c/p>\n\u003cp>The charges come after state regulators moved to bar the company from working in California. The Contractors State License Board (CSLB) announced in March that the firm \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">violated three state regulations\u003c/a> in connection with its work on the fire.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Soberanes Fire prompted the investigation by the CSLB, which referred the case to the Monterey County DA's office.\u003c/p>\n\u003cp>\"They let us know that Mr. Czirban potentially did not have workers' compensation insurance when this incident occurred,\" Hazel said. That led to an investigation that revealed more crimes, he said.\u003c/p>\n\u003cp>Word of the prosecution came the same day that KQED published a \u003ca href=\"https://ww2.kqed.org/news/2017/04/17/casualties-in-big-sur-blaze-point-to-hazards-of-wildfire-gig-economy/\" target=\"_blank\">story \u003c/a>that delved into the dangers private contractors face as Cal Fire and the U.S. Forest Service rely on them to help battle wildfires.\u003c/p>\n\u003cp>The investigation revealed that some of the people who work in what amounts to a wildfire gig economy regularly face potentially deadly conditions with little or no guarantee of basic protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Along with Czirban, a private company that hired a water tender driver seriously injured in the Soberanes Fire also did not have workers' compensation insurance.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Casualties in Big Sur Blaze Point to Hazards of 'Wildfire Gig Economy'",
"title": "Casualties in Big Sur Blaze Point to Hazards of 'Wildfire Gig Economy'",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>The agencies that battle California wildfires every year rely on an army of private contractors for key firefighting roles.\u003c/p>\n\u003cp>But two incidents during last year's Soberanes Fire in Big Sur -- one that killed a bulldozer operator and another that seriously injured a water tender driver -- reveal that many of those involved in what amounts to a wildfire gig economy regularly face potentially deadly conditions with little or no guarantee of basic protections.\u003c/p>\n\u003cp>For example, the contractors who hired 35-year-old Robert Reagan, the bulldozer operator killed in the early days of the Soberanes Fire last July, and John Tiersma, a 60-year-old water tender driver injured six weeks later, did not carry workers' compensation insurance.\u003c/p>\n\u003cp>Public records requests, court documents and interviews have uncovered new details about the incidents, which are the subject of at least six investigations.\u003c/p>\n\u003cp>Labor law and heavy equipment experts, as well as critics of the way wildfires are fought in California, say the accidents shine a light on worker-protection issues arising from the reliance on large numbers of private contractors.\u003c/p>\n\u003cp>\u003ca href=\"https://www.nwcg.gov/committees/risk-management-committee/resources\" target=\"_blank\">Data\u003c/a> from the U.S. Forest Service suggest it's relatively unusual for contract heavy equipment operators to be involved in major accidents.\u003c/p>\n\u003cp>But it's evident that these \"call when needed\" workers are vulnerable on the job, says Veena Dubal, an associate professor of law at UC Hastings who specializes in employment law and reviewed the California Division of Occupational Safety and Health's (Cal/OSHA) full investigative reports into the Reagan and Tiersma incidents for KQED.\u003c/p>\n\u003cp>\"These people who are risking their lives have no recourse and their families have no recourse,\" Dubal said. \"They were putting their lives on the line to save California forests, to save California families.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That lack of protection is similar to what workers face in the growing gig economy, which relies on contractors to perform a wide range of jobs, such as driving passengers for Uber and Lyft.\u003c/p>\n\u003cp>\"This is no different, what's happening with these guys. It just didn't happen to occur through a smartphone,\" said Craig Peters, an attorney with the San Francisco-based Veen law firm who specializes in heavy equipment and construction-site injuries.\u003c/p>\n\u003cp>\"These two cases highlight the human tragedies that can occur when basic health and safety laws are violated,\" said Laura Stock, director of UC Berkeley's Labor Occupational Health Program. \"These stories also highlight the need for state and federal agencies to do a better job in vetting the contractors they bring in.\"\u003c/p>\n\u003cp>\"It's very challenging, I would say dangerous, trying to operate heavy equipment on these steep, winding, generally poorly maintained roads,\" said Timothy Ingalsbee, executive director of \u003ca href=\"http://www.fusee.org/\" target=\"_blank\">Firefighters United for Safety, Ethics and Ecology\u003c/a>. \"It's an accident waiting to happen, no matter who is behind the wheel.\"\u003c/p>\n\u003ch3>Death of a Dozer Operator\u003c/h3>\n\u003cp>The Soberanes Fire started in Garrapata State Park, on the northern end of Big Sur's typically rugged terrain, on July 22. As the fire spread, Cal Fire began bringing in contractors, including dozer operators, to try to contain it.\u003c/p>\n\u003cp>Cal/OSHA records say that on July 24, Cal Fire called in Czirban Concrete Construction, an agency bulldozer contractor in the Madera County town of Coarsegold.\u003c/p>\n\u003cfigure id=\"attachment_11042174\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11042174\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png\" alt=\"Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \" width=\"800\" height=\"449\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-400x225.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35.png 935w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \u003ccite>(Cal Fire)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The firm's owner, Ian Czirban, then texted a friend, Robert Reagan, to ask whether he was available.\u003c/p>\n\u003cp>\"Hey bro can you do it?\" Czirban asked. Reagan agreed, saying he wasn't working on another fire at the time.\u003c/p>\n\u003cp>Two nights later, on the evening of Tuesday, July 26, Reagan arrived at the fire and prepared to take over Czirban's bulldozer from another operator.\u003c/p>\n\u003cp>But minutes after he began moving the dozer to its assigned position, the machine tipped over on a steep embankment. Reagan, who was not wearing a seat belt, was \u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\">thrown from the dozer's cab and killed as the machine rolled over onto him.\u003c/a>\u003c/p>\n\u003cp>Reagan's death and the issues surrounding it are now the subject of a \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">criminal investigation\u003c/a> by prosecutors in Monterey County and a \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\">lawsuit\u003c/a> filed against the state of California.\u003c/p>\n\u003cp>State \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">workplace officials have cited Czirban\u003c/a> Concrete Construction for several violations connected to Reagan's death. The most serious penalty was for not ensuring Reagan wore his seat belt. Czirban did not appeal the citations and paid $20,000 in fines, according to Cal/OSHA spokeswoman Erika Monterroza.\u003c/p>\n\u003cp>Cal/OSHA also issued two citations to Cal Fire, one for failing to report a serious injury within eight hours and another for failing to maintain an effective injury and illness prevention program.\u003c/p>\n\u003cp>\"The employer failed to ensure a supervisor was in the immediate area during all bulldozer activities,\" Cal/OSHA compliance officer Kelly Tatum wrote in the agency's citation.\u003c/p>\n\u003cp>Cal Fire, which also faces a wrongful death lawsuit filed on behalf of Reagan's wife and two young daughters, has appealed the findings.\u003c/p>\n\u003ch3>No Workers' Compensation Insurance\u003c/h3>\n\u003cp>Meanwhile, another state agency is moving to revoke Czirban's contractor's license.\u003c/p>\n\u003cp>The Contractors State License Board \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">alleged earlier this month\u003c/a> that Czirban violated three state regulations in connection with its work on the Soberanes Fire. The agency says the company lied about whether it had employees to get around offering workers' compensation insurance -- coverage that would provide Reagan's children hundreds of thousands of dollars in benefits.\u003c/p>\n\u003cp>Czirban had its license suspended \u003ca href=\"http://ww2.kqed.org/news/2016/08/02/employer-of-worker-killed-in-soberanes-fire-under-scrutiny/\" target=\"_blank\">eight times\u003c/a> by the board in four years -- several times because of workers' comp issues.\u003c/p>\n\u003cp>Cal Fire's emergency equipment rental agreements require that private contractors provide copies of their workers' compensation coverage.\u003c/p>\n\u003cp>\"We expect vendors to comply with the clauses spelled out in our Emergency Equipment Rental Agreements,\" said Cal Fire spokeswoman Janet Upton, in an emailed statement.\u003c/p>\n\u003caside class=\"alignright\">[CalFireData]\u003c/aside>\n\u003cp>\"Under the terms of these agreements, vendors choosing to do business with the state must affirm they meet all our requirements,\" Upton said. \"One such requirement is that vendors have either worker's compensation or that they undertake self-insurance in accordance with provisions in the labor code.\"\u003c/p>\n\u003cp>Cal Fire's contract with Czirban listed an insurance policy with the State Compensation Insurance Fund that expired in January 2015, a year and a half before the Soberanes Fire.\u003c/p>\n\u003cp>Czirban's lawyers have argued that the contractor was not required to carry workers' comp insurance and that Cal Fire, not the company, was responsible for Reagan.\u003c/p>\n\u003cp>\"It is clear that Cal Fire and its Incident Commander are in 100% control of the dozer operator's actions, health and safety,\" Justin Reden wrote in a letter to Cal/OSHA in August.\u003c/p>\n\u003cp>Reden said the fire agency chose the equipment, inspected it, provided operating procedures and safety protocols, and directed the operator.\u003c/p>\n\u003cp>Reagan was not Czirban's employee but instead an independent contractor, Reden argued, so the company did not need to provide coverage.\u003c/p>\n\u003cp>Czirban and Reden have not responded to KQED's requests for comment.\u003c/p>\n\u003ch3>'I Thought I Was a Goner'\u003c/h3>\n\u003cp>The Soberanes Fire wasn't John Tiersma's first wildfire.\u003c/p>\n\u003cp>In 2015, the water tender driver had worked the Gasquet Fire Complex that burned more than 30,000 acres in Del Norte County.\u003c/p>\n\u003cp>Last summer he worked the Chimney Fire, which burned more than 43,000 acres and destroyed 70 structures in San Luis Obispo County.\u003c/p>\n\u003cp>And in September, he took a job with Tuolomne County-based Industrial Defense Development to help the U.S. Forest Service fight the Soberanes blaze.\u003c/p>\n\u003cp>The Big Sur fire was the closest he'd gotten to one of the big blazes.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Everything was breaking around me. Stuff was just flying. Dirt was coming in. I thought I was a goner. Miraculously, I got ejected out. ... I prayed to God to deliver me and he did.'\u003ccite>John Tiersma\u003cbr>\nWater tender driver\u003c/cite>\u003c/aside>\n\u003cp>\"At the Soberanes Fire a couple of times we were fairly close to the flames,\" Tiersma said in an interview from his home in Dunsmuir (Siskiyou County), conducted with the help of his wife, Cassandra.\u003c/p>\n\u003cp>Water tenders are essentially tanker trucks. In major wildland fires, they deliver water to fire engines and sprinkle back-country roads to keep the dust down for responding firefighters.\u003c/p>\n\u003cp>Tiersma's day on Sept. 11, 2016, started early in the morning. During a Forest Service briefing he was told the fire was moving south and he was assigned to a new stretch of road that had just opened up.\u003c/p>\n\u003cp>His job was to fill inflatable water tanks -- known as pumpkins -- in an area near the Marble Peak Trail.\u003c/p>\n\u003cp>He checked to make sure his vehicle was carrying a full 2,300 gallons of water -- almost 10 tons -- and he and another water tender headed out.\u003c/p>\n\u003cp>His truck was moving between 5 and 10 mph, leading the other tender along a dusty road. He said he was wearing a seat belt and his driver's side window was open.\u003c/p>\n\u003cp>Tiersma says he felt the vehicle's front end sink. He tried to steer out, but that didn't work.\u003c/p>\n\u003cp>\"All of the sudden the road just gave way,\" he said.\u003c/p>\n\u003cp>\"Everything was breaking around me. Stuff was just flying. Dirt was coming in. I thought I was a goner,\" Tiersma said. \"Miraculously, I got ejected out. ... I prayed to God to deliver me and he did.\"\u003c/p>\n\u003cp>He was thrown into some bushes, in what he describes as agony and with blood flowing from a wound on his head.\u003c/p>\n\u003cp>The driver behind Tiersma saw the whole thing.\u003c/p>\n\u003cp>\"All of a sudden I witnessed John rolled off the side of the mountain,\" said Briteney Rooffener, according to a statement she filed with the Forest Service that was given to Cal/OSHA.\u003c/p>\n\u003cp>Rooffener stopped and radioed for help. She and Cory Boekhaus, a Forest Service firefighter who was riding along, shouted to Tiersma, who yelled back.\u003c/p>\n\u003cp>Boekhaus ran down the hill to the injured driver, who was helicoptered to a hospital in Salinas.\u003c/p>\n\u003cp>The rollover broke or cracked 12 of Tiersma's ribs, bruised his spleen and broke his scapula. He had blood in his lungs and one lung had a small leak into his chest cavity.\u003c/p>\n\u003cp>\u003cstrong>State Blames Water Tender Contractor, Feds Suspend Firm's Contract\u003c/strong>\u003c/p>\n\u003cp>So far, Tiersma has been left to deal with that long list of injuries himself.\u003c/p>\n\u003cp>In the immediate aftermath of Tiersma's accident, the Forest Service urged Industrial Defense Development's owner, Scott Harvey, to cooperate with investigators and to contact the hospitalized Tiersma.\u003c/p>\n\u003cfigure id=\"attachment_11035798\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11035798\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/07/soberanesnasa160729a-800x524.jpg\" alt=\"Satellite image Thursday, July 28, of smoke emitted from Soberanes Fire in Monterey County.\" width=\"800\" height=\"524\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-800x524.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-400x262.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-1180x773.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-960x629.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a.jpg 1508w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Satellite image Thursday, July 28, 2016, of smoke emitted from Soberanes Fire in Monterey County. \u003ccite>(NASA Worldview)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"You have been nonresponsive to the accident investigation and the medical support for your injured employee,\" wrote Steven Teves, contracting officer for the federal agency's Pacific Southwest Region Incident Procurement office, in an email to Harvey five days after the accident.\u003c/p>\n\u003cp>\"I highly recommend you making contact with your injured operator and provide whatever required medical coverage that is needed as required by your agreement,\" Teves wrote in the email, later released to Cal/OSHA.\u003c/p>\n\u003cp>Like Cal Fire, the Forest Service requires its contractors to maintain workers' compensation for its employees. But, state workplace regulators found Industrial Development Defense did not have such coverage.\u003c/p>\n\u003cp>Harvey refused to be interviewed by Cal/OSHA, which later levied $6,000 in fines against his firm for violations, including failure to report Tiersma's injury.\u003c/p>\n\u003cp>The heavy equipment firm had 14 contracts with the federal government between 2000 and 2014. The September incident, though, prompted the Forest Service to suspend the company from contracting with the agency.\u003c/p>\n\u003cp>Harvey has not responded to KQED's requests for comment.\u003c/p>\n\u003cp>\"The Forest Service' number one incident objective during any response is always public and firefighter safety,\" agency spokeswoman Kerry Greene said in an emailed statement. \"It does not matter if the firefighter is a contractor or a federal workforce employee, in terms of safety all workers are viewed the same.\"\u003c/p>\n\u003cp>Tiersma says he's still recuperating and believes he'll be returning to work. Neither the Forest Service nor Industrial Defense has paid for his medical care, said his lawyer, Vesta Armstrong\u003c/p>\n\u003cp>\"John continues to struggle with the uncertainty of obtaining compensation for his injury,\" Armstrong said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The agencies that battle California wildfires every year rely on an army of private contractors for key firefighting roles.\u003c/p>\n\u003cp>But two incidents during last year's Soberanes Fire in Big Sur -- one that killed a bulldozer operator and another that seriously injured a water tender driver -- reveal that many of those involved in what amounts to a wildfire gig economy regularly face potentially deadly conditions with little or no guarantee of basic protections.\u003c/p>\n\u003cp>For example, the contractors who hired 35-year-old Robert Reagan, the bulldozer operator killed in the early days of the Soberanes Fire last July, and John Tiersma, a 60-year-old water tender driver injured six weeks later, did not carry workers' compensation insurance.\u003c/p>\n\u003cp>Public records requests, court documents and interviews have uncovered new details about the incidents, which are the subject of at least six investigations.\u003c/p>\n\u003cp>Labor law and heavy equipment experts, as well as critics of the way wildfires are fought in California, say the accidents shine a light on worker-protection issues arising from the reliance on large numbers of private contractors.\u003c/p>\n\u003cp>\u003ca href=\"https://www.nwcg.gov/committees/risk-management-committee/resources\" target=\"_blank\">Data\u003c/a> from the U.S. Forest Service suggest it's relatively unusual for contract heavy equipment operators to be involved in major accidents.\u003c/p>\n\u003cp>But it's evident that these \"call when needed\" workers are vulnerable on the job, says Veena Dubal, an associate professor of law at UC Hastings who specializes in employment law and reviewed the California Division of Occupational Safety and Health's (Cal/OSHA) full investigative reports into the Reagan and Tiersma incidents for KQED.\u003c/p>\n\u003cp>\"These people who are risking their lives have no recourse and their families have no recourse,\" Dubal said. \"They were putting their lives on the line to save California forests, to save California families.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That lack of protection is similar to what workers face in the growing gig economy, which relies on contractors to perform a wide range of jobs, such as driving passengers for Uber and Lyft.\u003c/p>\n\u003cp>\"This is no different, what's happening with these guys. It just didn't happen to occur through a smartphone,\" said Craig Peters, an attorney with the San Francisco-based Veen law firm who specializes in heavy equipment and construction-site injuries.\u003c/p>\n\u003cp>\"These two cases highlight the human tragedies that can occur when basic health and safety laws are violated,\" said Laura Stock, director of UC Berkeley's Labor Occupational Health Program. \"These stories also highlight the need for state and federal agencies to do a better job in vetting the contractors they bring in.\"\u003c/p>\n\u003cp>\"It's very challenging, I would say dangerous, trying to operate heavy equipment on these steep, winding, generally poorly maintained roads,\" said Timothy Ingalsbee, executive director of \u003ca href=\"http://www.fusee.org/\" target=\"_blank\">Firefighters United for Safety, Ethics and Ecology\u003c/a>. \"It's an accident waiting to happen, no matter who is behind the wheel.\"\u003c/p>\n\u003ch3>Death of a Dozer Operator\u003c/h3>\n\u003cp>The Soberanes Fire started in Garrapata State Park, on the northern end of Big Sur's typically rugged terrain, on July 22. As the fire spread, Cal Fire began bringing in contractors, including dozer operators, to try to contain it.\u003c/p>\n\u003cp>Cal/OSHA records say that on July 24, Cal Fire called in Czirban Concrete Construction, an agency bulldozer contractor in the Madera County town of Coarsegold.\u003c/p>\n\u003cfigure id=\"attachment_11042174\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11042174\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png\" alt=\"Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \" width=\"800\" height=\"449\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-800x449.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35-400x225.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Screenshot-2016-08-05-09.33.35.png 935w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Robert Reagan, 35, of Fresno County, died July 26, 2016, when his bulldozer overturned while trying to access a proposed fire line near Big Sur. \u003ccite>(Cal Fire)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The firm's owner, Ian Czirban, then texted a friend, Robert Reagan, to ask whether he was available.\u003c/p>\n\u003cp>\"Hey bro can you do it?\" Czirban asked. Reagan agreed, saying he wasn't working on another fire at the time.\u003c/p>\n\u003cp>Two nights later, on the evening of Tuesday, July 26, Reagan arrived at the fire and prepared to take over Czirban's bulldozer from another operator.\u003c/p>\n\u003cp>But minutes after he began moving the dozer to its assigned position, the machine tipped over on a steep embankment. Reagan, who was not wearing a seat belt, was \u003ca href=\"https://ww2.kqed.org/news/2016/08/05/soberanes-fire-bulldozer-operator-killed/\" target=\"_blank\">thrown from the dozer's cab and killed as the machine rolled over onto him.\u003c/a>\u003c/p>\n\u003cp>Reagan's death and the issues surrounding it are now the subject of a \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">criminal investigation\u003c/a> by prosecutors in Monterey County and a \u003ca href=\"https://ww2.kqed.org/news/2017/03/22/family-of-bulldozer-operator-killed-in-soberanes-fire-suing-california/\" target=\"_blank\">lawsuit\u003c/a> filed against the state of California.\u003c/p>\n\u003cp>State \u003ca href=\"https://ww2.kqed.org/news/2017/03/14/calosha-cites-contractors-over-soberanes-fire-casualties/\" target=\"_blank\">workplace officials have cited Czirban\u003c/a> Concrete Construction for several violations connected to Reagan's death. The most serious penalty was for not ensuring Reagan wore his seat belt. Czirban did not appeal the citations and paid $20,000 in fines, according to Cal/OSHA spokeswoman Erika Monterroza.\u003c/p>\n\u003cp>Cal/OSHA also issued two citations to Cal Fire, one for failing to report a serious injury within eight hours and another for failing to maintain an effective injury and illness prevention program.\u003c/p>\n\u003cp>\"The employer failed to ensure a supervisor was in the immediate area during all bulldozer activities,\" Cal/OSHA compliance officer Kelly Tatum wrote in the agency's citation.\u003c/p>\n\u003cp>Cal Fire, which also faces a wrongful death lawsuit filed on behalf of Reagan's wife and two young daughters, has appealed the findings.\u003c/p>\n\u003ch3>No Workers' Compensation Insurance\u003c/h3>\n\u003cp>Meanwhile, another state agency is moving to revoke Czirban's contractor's license.\u003c/p>\n\u003cp>The Contractors State License Board \u003ca href=\"https://ww2.kqed.org/news/2017/03/16/prosecutors-launch-investigation-into-contractor-tied-to-soberanes-fire-bulldozer-death/\" target=\"_blank\">alleged earlier this month\u003c/a> that Czirban violated three state regulations in connection with its work on the Soberanes Fire. The agency says the company lied about whether it had employees to get around offering workers' compensation insurance -- coverage that would provide Reagan's children hundreds of thousands of dollars in benefits.\u003c/p>\n\u003cp>Czirban had its license suspended \u003ca href=\"http://ww2.kqed.org/news/2016/08/02/employer-of-worker-killed-in-soberanes-fire-under-scrutiny/\" target=\"_blank\">eight times\u003c/a> by the board in four years -- several times because of workers' comp issues.\u003c/p>\n\u003cp>Cal Fire's emergency equipment rental agreements require that private contractors provide copies of their workers' compensation coverage.\u003c/p>\n\u003cp>\"We expect vendors to comply with the clauses spelled out in our Emergency Equipment Rental Agreements,\" said Cal Fire spokeswoman Janet Upton, in an emailed statement.\u003c/p>\n\u003caside class=\"alignright\">[CalFireData]\u003c/aside>\n\u003cp>\"Under the terms of these agreements, vendors choosing to do business with the state must affirm they meet all our requirements,\" Upton said. \"One such requirement is that vendors have either worker's compensation or that they undertake self-insurance in accordance with provisions in the labor code.\"\u003c/p>\n\u003cp>Cal Fire's contract with Czirban listed an insurance policy with the State Compensation Insurance Fund that expired in January 2015, a year and a half before the Soberanes Fire.\u003c/p>\n\u003cp>Czirban's lawyers have argued that the contractor was not required to carry workers' comp insurance and that Cal Fire, not the company, was responsible for Reagan.\u003c/p>\n\u003cp>\"It is clear that Cal Fire and its Incident Commander are in 100% control of the dozer operator's actions, health and safety,\" Justin Reden wrote in a letter to Cal/OSHA in August.\u003c/p>\n\u003cp>Reden said the fire agency chose the equipment, inspected it, provided operating procedures and safety protocols, and directed the operator.\u003c/p>\n\u003cp>Reagan was not Czirban's employee but instead an independent contractor, Reden argued, so the company did not need to provide coverage.\u003c/p>\n\u003cp>Czirban and Reden have not responded to KQED's requests for comment.\u003c/p>\n\u003ch3>'I Thought I Was a Goner'\u003c/h3>\n\u003cp>The Soberanes Fire wasn't John Tiersma's first wildfire.\u003c/p>\n\u003cp>In 2015, the water tender driver had worked the Gasquet Fire Complex that burned more than 30,000 acres in Del Norte County.\u003c/p>\n\u003cp>Last summer he worked the Chimney Fire, which burned more than 43,000 acres and destroyed 70 structures in San Luis Obispo County.\u003c/p>\n\u003cp>And in September, he took a job with Tuolomne County-based Industrial Defense Development to help the U.S. Forest Service fight the Soberanes blaze.\u003c/p>\n\u003cp>The Big Sur fire was the closest he'd gotten to one of the big blazes.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Everything was breaking around me. Stuff was just flying. Dirt was coming in. I thought I was a goner. Miraculously, I got ejected out. ... I prayed to God to deliver me and he did.'\u003ccite>John Tiersma\u003cbr>\nWater tender driver\u003c/cite>\u003c/aside>\n\u003cp>\"At the Soberanes Fire a couple of times we were fairly close to the flames,\" Tiersma said in an interview from his home in Dunsmuir (Siskiyou County), conducted with the help of his wife, Cassandra.\u003c/p>\n\u003cp>Water tenders are essentially tanker trucks. In major wildland fires, they deliver water to fire engines and sprinkle back-country roads to keep the dust down for responding firefighters.\u003c/p>\n\u003cp>Tiersma's day on Sept. 11, 2016, started early in the morning. During a Forest Service briefing he was told the fire was moving south and he was assigned to a new stretch of road that had just opened up.\u003c/p>\n\u003cp>His job was to fill inflatable water tanks -- known as pumpkins -- in an area near the Marble Peak Trail.\u003c/p>\n\u003cp>He checked to make sure his vehicle was carrying a full 2,300 gallons of water -- almost 10 tons -- and he and another water tender headed out.\u003c/p>\n\u003cp>His truck was moving between 5 and 10 mph, leading the other tender along a dusty road. He said he was wearing a seat belt and his driver's side window was open.\u003c/p>\n\u003cp>Tiersma says he felt the vehicle's front end sink. He tried to steer out, but that didn't work.\u003c/p>\n\u003cp>\"All of the sudden the road just gave way,\" he said.\u003c/p>\n\u003cp>\"Everything was breaking around me. Stuff was just flying. Dirt was coming in. I thought I was a goner,\" Tiersma said. \"Miraculously, I got ejected out. ... I prayed to God to deliver me and he did.\"\u003c/p>\n\u003cp>He was thrown into some bushes, in what he describes as agony and with blood flowing from a wound on his head.\u003c/p>\n\u003cp>The driver behind Tiersma saw the whole thing.\u003c/p>\n\u003cp>\"All of a sudden I witnessed John rolled off the side of the mountain,\" said Briteney Rooffener, according to a statement she filed with the Forest Service that was given to Cal/OSHA.\u003c/p>\n\u003cp>Rooffener stopped and radioed for help. She and Cory Boekhaus, a Forest Service firefighter who was riding along, shouted to Tiersma, who yelled back.\u003c/p>\n\u003cp>Boekhaus ran down the hill to the injured driver, who was helicoptered to a hospital in Salinas.\u003c/p>\n\u003cp>The rollover broke or cracked 12 of Tiersma's ribs, bruised his spleen and broke his scapula. He had blood in his lungs and one lung had a small leak into his chest cavity.\u003c/p>\n\u003cp>\u003cstrong>State Blames Water Tender Contractor, Feds Suspend Firm's Contract\u003c/strong>\u003c/p>\n\u003cp>So far, Tiersma has been left to deal with that long list of injuries himself.\u003c/p>\n\u003cp>In the immediate aftermath of Tiersma's accident, the Forest Service urged Industrial Defense Development's owner, Scott Harvey, to cooperate with investigators and to contact the hospitalized Tiersma.\u003c/p>\n\u003cfigure id=\"attachment_11035798\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11035798\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/07/soberanesnasa160729a-800x524.jpg\" alt=\"Satellite image Thursday, July 28, of smoke emitted from Soberanes Fire in Monterey County.\" width=\"800\" height=\"524\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-800x524.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-400x262.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-1180x773.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a-960x629.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/07/soberanesnasa160729a.jpg 1508w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Satellite image Thursday, July 28, 2016, of smoke emitted from Soberanes Fire in Monterey County. \u003ccite>(NASA Worldview)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"You have been nonresponsive to the accident investigation and the medical support for your injured employee,\" wrote Steven Teves, contracting officer for the federal agency's Pacific Southwest Region Incident Procurement office, in an email to Harvey five days after the accident.\u003c/p>\n\u003cp>\"I highly recommend you making contact with your injured operator and provide whatever required medical coverage that is needed as required by your agreement,\" Teves wrote in the email, later released to Cal/OSHA.\u003c/p>\n\u003cp>Like Cal Fire, the Forest Service requires its contractors to maintain workers' compensation for its employees. But, state workplace regulators found Industrial Development Defense did not have such coverage.\u003c/p>\n\u003cp>Harvey refused to be interviewed by Cal/OSHA, which later levied $6,000 in fines against his firm for violations, including failure to report Tiersma's injury.\u003c/p>\n\u003cp>The heavy equipment firm had 14 contracts with the federal government between 2000 and 2014. The September incident, though, prompted the Forest Service to suspend the company from contracting with the agency.\u003c/p>\n\u003cp>Harvey has not responded to KQED's requests for comment.\u003c/p>\n\u003cp>\"The Forest Service' number one incident objective during any response is always public and firefighter safety,\" agency spokeswoman Kerry Greene said in an emailed statement. \"It does not matter if the firefighter is a contractor or a federal workforce employee, in terms of safety all workers are viewed the same.\"\u003c/p>\n\u003cp>Tiersma says he's still recuperating and believes he'll be returning to work. Neither the Forest Service nor Industrial Defense has paid for his medical care, said his lawyer, Vesta Armstrong\u003c/p>\n\u003cp>\"John continues to struggle with the uncertainty of obtaining compensation for his injury,\" Armstrong said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "California Debates Whether to Become a 'Sanctuary' State",
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"content": "\u003cp>It's a murder that is still driving debate nationally about so-called sanctuary cities.\u003c/p>\n\u003cp>Thirty-two-year-old Kate Steinle was walking along the San Francisco waterfront on July 1, 2015, when shots rang out and she fell to the ground.\u003c/p>\n\u003cp>She died at the hospital hours later.\u003c/p>\n\u003cp>An undocumented man was arrested and charged with her murder. He'd recently been released from San Francisco jail after a court dismissed a 20-year-old marijuana charge against him. The San Francisco Sheriff's Department ignored requests to tell immigration officials about his release, citing San Francisco's sanctuary law.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\"If you are prosecuted and convicted by a district attorney, you should do your time in prison -- you shouldn't be swept up and deported.\" \u003ccite>Senate President Kevin de León\u003c/cite>\u003c/aside>\n\u003cp>But \u003ca href=\"https://www.nytimes.com/2015/07/08/us/san-francisco-murder-case-exposes-lapses-in-immigration-enforcement.html?_r=1\">why the man, Juan Francisco Lopez-Sanchez, was in San Francisco in the first place remains unclear.\u003c/a> He had just finished almost four years in a federal prison for crossing the border illegally -- the fifth time he’d been caught sneaking into the U.S. He also had seven past felony convictions. Yet the federal government transferred him to San Francisco for a decades-old misdemeanor and immigration officials never came to get him -- or got a court warrant, which would have forced the sheriff to hand Sanchez over to ICE.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Still, the case \u003ca href=\"http://www.sfchronicle.com/crime/article/Pier-slaying-reveals-immigrant-justice-depends-on-6379649.php?t=66a13a1dd30a4808f6&cmpid=twitter-premium\">stoked anger\u003c/a> and became \u003ca href=\"http://kron4.com/2016/07/21/trump-mentions-kate-steinle-during-speech/\">campaign fodder\u003c/a> for then-candidate Donald Trump.\u003c/p>\n\u003cp>And nearly two years later, it's still being invoked on both sides of a debate over whether the state of California should embrace policies similar to San Francisco's, which prohibit local law enforcement from cooperating with federal immigration enforcement in most circumstances.\u003c/p>\n\u003cp>Democratic lawmakers in the state Senate recently approved a \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB54\">bill\u003c/a>, on a party-line vote, to expand those protections statewide -- even as the Trump administration threatens to withhold federal funding from governments it deems to have sanctuary policies.\u003c/p>\n\u003cfigure id=\"attachment_11406894\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11406894 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-800x533.jpg\" alt=\"Senate President Kevin de Leon wrote SB54 to restrict local law enforcement cooperation with ICE.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Senate President Kevin de León wrote SB 54 to restrict local law enforcement cooperation with ICE. \u003ccite>(Max Whittaker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I think all of us as senators -- Democrats and Republicans ... do not want criminals in our neighborhoods,\" said Senate President Kevin de León, who wrote Senate Bill 54. \"But what's extraordinary about this administration is that the focus (of immigration authorities) is no longer exclusively on violent criminal felons, rather it's on ordinary residents of this great state. It's been broadened ... to include everybody.\"\u003c/p>\n\u003cp>De León thinks SB 54 will help protect those ordinary immigrants and others, by ensuring that immigrant communities trust police and come forward to report crimes.\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement officials would not comment on either the Steinle case or SB 54.\u003c/p>\n\u003cp>While California law already restricts sheriffs from holding undocumented immigrants in jail simply because of their immigration status, the bill would go even further by prohibiting law enforcement agencies in California from being involved in any immigration enforcement action. Most controversially, it would bar sheriffs, who run jails, from contacting ICE about someone in their jail, or transferring a criminal suspect to the federal agency, unless a judge orders them to do so -- or the person has a violent or serious felony in their past.\u003c/p>\n\u003cp>But the Trump administration says it will punish governments with sanctuary policies by withholding federal funding. Whether the administration can do so is up in the air -- cities, including San Francisco, have \u003ca href=\"https://ww2.kqed.org/news/2017/01/31/s-f-files-suit-against-trump-saying-punishing-sanctuary-cities-is-illegal/\">sued over the threat\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\"It makes no distinction between people who come here to work hard, to become U.S. citizens, to those who come here to prey on others.\" \u003ccite>Republican Senator Joel Anderson\u003c/cite>\u003c/aside>\n\u003cp>State Senate Republican Joel Anderson said his concerns about the bill extend beyond the potential\u003cspan class=\"s1\"> financial repercussions.\u003c/span>\u003c/p>\n\u003cp class=\"p1\">\u003cspan class=\"s1\">\"It makes no distinction between people who come here to work hard, to become U.S. citizens, to those who come here to prey on others,\" he said. \u003c/span>\u003c/p>\n\u003cp>Anderson is among the Republicans and sheriffs who say the bill will push immigration enforcement actions out of jails and into communities -- and make law-abiding undocumented immigrants less safe.\u003c/p>\n\u003cp>\"If we’re not allowed to contact our federal partner and these people are released into our community, they’re going to create more victims. And a lot of these victims are undocumented immigrants who live in our communities and work in our counties,\" said Kern County Sheriff Donny Youngblood, who serves as president of the California State Sheriffs' Association.\u003c/p>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/tcr/2017/04/2017-04-14c-tcr.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS24934_GettyImages-481485054-qut-800x571.jpg\" Title=\"California Debates Whether to Become a 'Sanctuary' State\" program=\"The California Report\"]\u003c/p>\n\u003cp>Youngblood said sheriffs don’t want to be immigration agents, but have to follow both state and federal laws.\u003c/p>\n\u003cp>And while Democrats say undocumented immigrants accused of a crime should be afforded due process under the law, Youngblood argued that many people who come through his jail are dangerous --even though they’ve never been convicted.\u003c/p>\n\u003cp>The bill, he said, will, \"prohibit sheriffs from sharing information about a gang member being held in county jail on a murder charge, because he hasn't even been convicted yet. That’s very troubling.\"\u003c/p>\n\u003cp>But de León says that argument is troubling. Immigration enforcement shouldn’t be used to punish people for alleged crimes, he said -- the criminal justice system should.\u003c/p>\n\u003cp>\"If there is alleged crime that has been committed and if you are prosecuted and convicted by a district attorney, you should do your time in prison -- you shouldn't be swept up and deported. That's called criminal dumping,\" he said.\u003c/p>\n\u003cp>De León contends that’s what happened in the Kate Steinle case -- the federal government failed to do its job even after Steinle’s alleged killer repeatedly sneaked back into the U.S.\u003c/p>\n\u003cp>De León argues the bill will safeguard California and its economy by maintaining all residents’ trust in police and protecting people now eligible for deportation under an executive order signed by President Trump.\u003c/p>\n\u003cp>\"The very men and women that we trust to take care of our children, the very same men and women who make our food, the very same men and women who works the fields in Tulare and Kings County and Kern County and Fresno -- who sweat under hot sun every single day -- because they are eligible by the criteria that’s been broadened by the executive order,\" he said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The bill now goes to the state Assembly for consideration.\u003c/p>\n\n",
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"excerpt": "The 2015 murder of Kate Steinle is still being invoked as lawmakers weigh whether to embrace policies similar to San Francisco's, which prohibit local law enforcement from cooperating with ICE in most circumstances.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>It's a murder that is still driving debate nationally about so-called sanctuary cities.\u003c/p>\n\u003cp>Thirty-two-year-old Kate Steinle was walking along the San Francisco waterfront on July 1, 2015, when shots rang out and she fell to the ground.\u003c/p>\n\u003cp>She died at the hospital hours later.\u003c/p>\n\u003cp>An undocumented man was arrested and charged with her murder. He'd recently been released from San Francisco jail after a court dismissed a 20-year-old marijuana charge against him. The San Francisco Sheriff's Department ignored requests to tell immigration officials about his release, citing San Francisco's sanctuary law.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\"If you are prosecuted and convicted by a district attorney, you should do your time in prison -- you shouldn't be swept up and deported.\" \u003ccite>Senate President Kevin de León\u003c/cite>\u003c/aside>\n\u003cp>But \u003ca href=\"https://www.nytimes.com/2015/07/08/us/san-francisco-murder-case-exposes-lapses-in-immigration-enforcement.html?_r=1\">why the man, Juan Francisco Lopez-Sanchez, was in San Francisco in the first place remains unclear.\u003c/a> He had just finished almost four years in a federal prison for crossing the border illegally -- the fifth time he’d been caught sneaking into the U.S. He also had seven past felony convictions. Yet the federal government transferred him to San Francisco for a decades-old misdemeanor and immigration officials never came to get him -- or got a court warrant, which would have forced the sheriff to hand Sanchez over to ICE.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Still, the case \u003ca href=\"http://www.sfchronicle.com/crime/article/Pier-slaying-reveals-immigrant-justice-depends-on-6379649.php?t=66a13a1dd30a4808f6&cmpid=twitter-premium\">stoked anger\u003c/a> and became \u003ca href=\"http://kron4.com/2016/07/21/trump-mentions-kate-steinle-during-speech/\">campaign fodder\u003c/a> for then-candidate Donald Trump.\u003c/p>\n\u003cp>And nearly two years later, it's still being invoked on both sides of a debate over whether the state of California should embrace policies similar to San Francisco's, which prohibit local law enforcement from cooperating with federal immigration enforcement in most circumstances.\u003c/p>\n\u003cp>Democratic lawmakers in the state Senate recently approved a \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB54\">bill\u003c/a>, on a party-line vote, to expand those protections statewide -- even as the Trump administration threatens to withhold federal funding from governments it deems to have sanctuary policies.\u003c/p>\n\u003cfigure id=\"attachment_11406894\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11406894 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-800x533.jpg\" alt=\"Senate President Kevin de Leon wrote SB54 to restrict local law enforcement cooperation with ICE.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS15578_BUDGET_34-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Senate President Kevin de León wrote SB 54 to restrict local law enforcement cooperation with ICE. \u003ccite>(Max Whittaker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I think all of us as senators -- Democrats and Republicans ... do not want criminals in our neighborhoods,\" said Senate President Kevin de León, who wrote Senate Bill 54. \"But what's extraordinary about this administration is that the focus (of immigration authorities) is no longer exclusively on violent criminal felons, rather it's on ordinary residents of this great state. It's been broadened ... to include everybody.\"\u003c/p>\n\u003cp>De León thinks SB 54 will help protect those ordinary immigrants and others, by ensuring that immigrant communities trust police and come forward to report crimes.\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement officials would not comment on either the Steinle case or SB 54.\u003c/p>\n\u003cp>While California law already restricts sheriffs from holding undocumented immigrants in jail simply because of their immigration status, the bill would go even further by prohibiting law enforcement agencies in California from being involved in any immigration enforcement action. Most controversially, it would bar sheriffs, who run jails, from contacting ICE about someone in their jail, or transferring a criminal suspect to the federal agency, unless a judge orders them to do so -- or the person has a violent or serious felony in their past.\u003c/p>\n\u003cp>But the Trump administration says it will punish governments with sanctuary policies by withholding federal funding. Whether the administration can do so is up in the air -- cities, including San Francisco, have \u003ca href=\"https://ww2.kqed.org/news/2017/01/31/s-f-files-suit-against-trump-saying-punishing-sanctuary-cities-is-illegal/\">sued over the threat\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\"It makes no distinction between people who come here to work hard, to become U.S. citizens, to those who come here to prey on others.\" \u003ccite>Republican Senator Joel Anderson\u003c/cite>\u003c/aside>\n\u003cp>State Senate Republican Joel Anderson said his concerns about the bill extend beyond the potential\u003cspan class=\"s1\"> financial repercussions.\u003c/span>\u003c/p>\n\u003cp class=\"p1\">\u003cspan class=\"s1\">\"It makes no distinction between people who come here to work hard, to become U.S. citizens, to those who come here to prey on others,\" he said. \u003c/span>\u003c/p>\n\u003cp>Anderson is among the Republicans and sheriffs who say the bill will push immigration enforcement actions out of jails and into communities -- and make law-abiding undocumented immigrants less safe.\u003c/p>\n\u003cp>\"If we’re not allowed to contact our federal partner and these people are released into our community, they’re going to create more victims. And a lot of these victims are undocumented immigrants who live in our communities and work in our counties,\" said Kern County Sheriff Donny Youngblood, who serves as president of the California State Sheriffs' Association.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Youngblood said sheriffs don’t want to be immigration agents, but have to follow both state and federal laws.\u003c/p>\n\u003cp>And while Democrats say undocumented immigrants accused of a crime should be afforded due process under the law, Youngblood argued that many people who come through his jail are dangerous --even though they’ve never been convicted.\u003c/p>\n\u003cp>The bill, he said, will, \"prohibit sheriffs from sharing information about a gang member being held in county jail on a murder charge, because he hasn't even been convicted yet. That’s very troubling.\"\u003c/p>\n\u003cp>But de León says that argument is troubling. Immigration enforcement shouldn’t be used to punish people for alleged crimes, he said -- the criminal justice system should.\u003c/p>\n\u003cp>\"If there is alleged crime that has been committed and if you are prosecuted and convicted by a district attorney, you should do your time in prison -- you shouldn't be swept up and deported. That's called criminal dumping,\" he said.\u003c/p>\n\u003cp>De León contends that’s what happened in the Kate Steinle case -- the federal government failed to do its job even after Steinle’s alleged killer repeatedly sneaked back into the U.S.\u003c/p>\n\u003cp>De León argues the bill will safeguard California and its economy by maintaining all residents’ trust in police and protecting people now eligible for deportation under an executive order signed by President Trump.\u003c/p>\n\u003cp>\"The very men and women that we trust to take care of our children, the very same men and women who make our food, the very same men and women who works the fields in Tulare and Kings County and Kern County and Fresno -- who sweat under hot sun every single day -- because they are eligible by the criteria that’s been broadened by the executive order,\" he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The bill now goes to the state Assembly for consideration.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "DA: No Criminal Charges for S.F. Officers Who Fatally Shot 20-Year-Old From Behind",
"title": "DA: No Criminal Charges for S.F. Officers Who Fatally Shot 20-Year-Old From Behind",
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"content": "\u003cp>\u003cem>Updated Wednesday, 7:55 p.m.\u003c/em>\u003c/p>\n\u003cp>There is insufficient evidence to criminally charge two plainclothes San Francisco police officers who fatally shot a 20-year-old Guatemalan immigrant from behind more than two years ago, the city's district attorney announced on Wednesday.\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/news/2017/02/27/advocates-press-for-charging-decision-two-years-since-fatal-s-f-police-shooting/\" target=\"_blank\" rel=\"noopener noreferrer\">long-awaited\u003c/a> decision marks the end of the criminal investigation into the high-profile police killing of Amilcar Perez Lopez, one of a few such incidents that thrust the San Francisco Police Department into years of turmoil, culminating with the May 2016 \u003ca href=\"https://ww2.kqed.org/news/2016/05/19/suhr-resigns-after-series-of-fatal-officer-involved-shootings/\" target=\"_blank\" rel=\"noopener noreferrer\">resignation\u003c/a> of former SFPD Chief Greg Suhr.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We will never know exactly what happened in those split seconds ... but ultimately, given the proximity of the suspect with a knife to the officers and Abraham P. of just a few feet, the law does not distinguish between whether he was shot coming toward the officers or running away. The law gives significant deference to officers in situations in which they have to make a split-second decision.'\u003ccite>George Gascón\u003cbr>San Francisco District Attorney\u003c/cite>\u003c/aside>\n\u003cp>Suhr remains a defendant in a federal civil \u003ca href=\"https://www.scribd.com/document/262989139/Complaint-Estate-of-Amilcar-Perez-Lopez-et-al-v-Suhr-et-al#from_embed\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a> on behalf of Perez Lopez's family, which points out an inconsistency in Suhr's initial description that officers fired as Perez Lopez charged one of them with a large knife raised over his head. That account was called into question by an \u003ca href=\"http://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting/\" target=\"_blank\" rel=\"noopener noreferrer\">independent autopsy\u003c/a> commissioned by attorneys representing Perez Lopez's family, who live in Guatemala. Its findings, later backed up by the city's official medical examiner's report, show Perez Lopez was shot six times from behind.\u003c/p>\n\u003cp>Reconciling the statement of one of the officers involved -- that he fired as Perez Lopez was charging at him -- and the fact that Perez Lopez was shot from behind formed the crux of District Attorney George Gascón's decision.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"A human being is dead,\" Gascón said on Wednesday, announcing his decision not to charge the officers. \"Amilcar was someone’s son. He was a family member, and he was a member of our community. His loved ones have suffered a loss and my heart goes out to them.\"\u003c/p>\n\u003cp>But, he added, \"Can I prove beyond a reasonable doubt that the officers here did not act in self defense or the defense of others? If we cannot meet this burden, if we cannot show beyond a reasonable doubt that the officers lack a reasonable justification for their actions, then we cannot charge the case. I cannot, and I will not file charges or decline to file charges due to pressure from anyone.\"\u003c/p>\n\u003cp>The decision, though expected, inspired anger from advocates who wanted the case to go to trial.\u003c/p>\n\u003cp>\"If ever there was a case that could be prosecuted, this is it,\" Mission District priest Richard Smith said on Wednesday. \"This was an opportunity for justice where the DA simply failed.\"\u003c/p>\n\u003cp>\u003cstrong>Leading to the Shooting\u003c/strong>\u003c/p>\n\u003cp>Several rumors have circulated about what started the altercation between Perez Lopez and another man, identified by the district attorney's office as Abraham P., who is Abraham Perez. One, which Abraham Perez initially told officers, was that Perez Lopez attacked him after Abraham refused to sell his bicycle. Another involved Abraham Perez stealing Perez Lopez's cellphone, but the phone was in Perez Lopez's pocket when he was shot.\u003c/p>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/PerezLopezShooting2Way20170412.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/11/5446958381_9e90f58cab_o-e1416954725536.jpg\" Title=\"No Charges for S.F. Officers Who Shot Amilcar Perez Lopez\" program=\"KQED News\"]\u003c/p>\n\u003cp>A third, which is backed up by the account of one witness and video captured by a passing Muni bus, was that Abraham Perez was taunting Perez Lopez and blocking him from entering his home on Folsom Street, between 24th and 25th streets. Perez Lopez may have circled around Abraham Perez to dash inside his house and grab a kitchen knife with an 8-inch blade.\u003c/p>\n\u003cp>Both men appear to have been drinking heavily that evening. Perez Lopez's blood alcohol level was .19 -- intoxicated to the point of \"confusion or excitement, emotional instability, and loss of critical judgment and understanding,\" according to a toxicologist who tested Perez Lopez's blood. Abraham Perez told police he'd consumed half a 24-oz. beer before the incident, but he still smelled of alcohol several hours later, according to the district attorney's summary.\u003c/p>\n\u003cp>Officers Craig Tiffe and Eric Reboli, who were in plainclothes and an unmarked police car, were the first officers to respond to a 911 call about a person with a knife at about 9:45 p.m. on Feb. 26, 2015. They were nearby and arrived within minutes, where they encountered two men on opposite sides of a parked car.\u003c/p>\n\u003cp>Reboli approached a man on the street side of the parked car, who would later be identified as Abraham Perez, and \"announced himself as a police officer and then immediately grabbed Abraham P. by both arms and pinned his arms together in case he was the man with the knife,\" according to the district attorney's summary of Reboli's statement. Reboli told Perez they were going to get out of the street and moved toward the sidewalk.\u003c/p>\n\u003cp>Meanwhile, Tiffe approached Perez Lopez, who was on the sidewalk side of the parked car.\u003cbr>\n[contextly_sidebar id=\"nRLBQFFvdnjGZXwTrjtDzXlBgWvbUZwE\"]\u003cbr>\nOfficer Tiffe said he thought Perez Lopez appeared to be in an \"altered state\" and described the look on his face as \"bloodlust crazed,\" according to the district attorney's summary of Tiffe's statement. Tiffe said he announced himself as a police officer and asked Perez Lopez to step away from the car. \"Officer Tiffe then pointed to the star on his chest, in case Perez Lopez did not speak English, but he could not tell if Perez Lopez looked at it or understood he was a police officer since he said nothing and simply appeared to 'look through' him.\"\u003c/p>\n\u003cp>Tiffe said he tried to grab Perez Lopez by the left arm and tried to take him to the ground, but Perez Lopez \"suddenly lunged up at him with his right hand,\" according to the summary of Tiffe's statement. He said he shoved Perez Lopez away, and as the two were separating, Perez Lopez swiped at his chest with an object Tiffe then realized was a \"very large knife.\"\u003c/p>\n\u003cp>Reboli had come to Tiffe's aid at this point. After he was shoved away from Tiffe, Perez Lopez turned and started to run toward Reboli, according to the district attorney's summary of Reboli's statement. He said he reached for both his gun and pepper spray, but couldn't get the pepper spray out of his pocket. Reboli said he shouted either \"Police, drop the knife\" or \"Drop the knife,\" but after a momentary pause, Perez Lopez continued to approach Reboli with the knife, and the officer began to fire.\u003c/p>\n\u003cp>He fired five shots over about two seconds, which were recorded by a nearby gunshot detection device at 9:47 p.m. and the phone of the 911 caller, who was still speaking to police dispatchers.\u003c/p>\n\u003cp>\u003cem>Below is a 3D animation depicting the theory that Perez Lopez may have turned as the officers were deciding to shoot.\u003c/em>\u003cbr>\nhttps://www.youtube.com/watch?v=Cr_tIpl6d5I\u003c/p>\n\u003cp>The district attorney's summary of Tiffe's statement says: \"Officer Reboli explained that, once he started to discharge his firearm, Perez Lopez began turning toward the street, then took a step or two before collapsing, face-down, between the two parked cars.\u003c/p>\n\u003cp>\"Officer Tiffe recalled that, as the shots were being fired, Perez Lopez was 'kind of moving in different directions,' was at some point 'facing, at some point he was turning away,' and appeared to fixate on something in the street.\"\u003c/p>\n\u003cp>Tiffe fired a single shot as Perez Lopez moved toward the street, the summary said: \"He didn't know exactly where Abraham P. was at that point but believed he was very close and thought that Perez Lopez was going after him, so he fired his weapon one time and saw Perez Lopez fall to the ground.\"\u003c/p>\n\u003cp>\u003cstrong>After the Shooting\u003c/strong>\u003c/p>\n\u003cp>Additionally, uniformed officers were arriving on the block of Folsom between 24th and 25th streets as the shots were being fired, according to the district attorney's summary. As one officer began CPR on Perez Lopez, who was shot through the back of the head among other wounds, another officer spoke with Abraham Perez. The officer recorded Perez saying \"that the man shot by the police wanted his bike and tried to kill him with the knife, and ... that the officer saved his life.\"\u003c/p>\n\u003cp>The district attorney's summary of the investigation includes statements or information from a total of 15 independent witnesses, including neighbors who said they heard gunshots and shouting, a man who called 911, a woman waiting for the bus and other bystanders. Part of their information corroborates whether officers Tiffe and Reboli shouted commands before firing.\u003c/p>\n\u003cp>\"Four witnesses reported hearing some version of 'Put the knife down,' prior to shots being fired; five witnesses heard some version of 'Get on the ground!' prior to shots being fired; and six witnesses heard yelling or shouting prior to shots being fired, but did not hear or remember the words said,\" according to the district attorney's summary.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We have yet another case of a shooting of a young man of color in which the officers will not be held accountable. ... We hope to have another shot at this to get the details to light and some of the questions answered, but this is a big disappointment.'\u003ccite>Richard Smith\u003cbr>Mission District Priest\u003c/cite>\u003c/aside>\n\u003cp>Two additional witnesses are former roommates of Perez Lopez who initially told police they hadn't seen anything, but feared their roommate had been shot.\u003c/p>\n\u003cp>One of them spoke to KQED and \u003ca href=\"http://eltecolote.org/content/en/features/how-a-witness-to-fatal-sfpd-shooting-of-amilcar-perez-lopez-came-forward/\" target=\"_blank\" rel=\"noopener noreferrer\">El Tecolote\u003c/a> last year on condition of anonymity because he said he fears retaliation from the police. Both men also told \u003ca href=\"https://ww2.kqed.org/news/2015/03/13/san-francisco-police-shooting-amilcar-perez-lopez/\" target=\"_blank\" rel=\"noopener noreferrer\">Mission Local\u003c/a> in 2015 that they feared countering the Police Department's version of the shooting because of their undocumented immigration status.\u003c/p>\n\u003cp>It was nearly a year after the shooting that the men, supported by a network of activists around the shooting of Perez Lopez, \u003ca href=\"https://ww2.kqed.org/news/2016/05/04/how-a-witness-to-fatal-s-f-police-shooting-of-amilcar-perez-lopez-came-forward/\" target=\"_blank\" rel=\"noopener noreferrer\">gave statements\u003c/a> to district attorney's investigators in the church of a local priest.\u003c/p>\n\u003cp>The district attorney's investigation notes that the men were likely outside at the time of the shooting -- they were noticed by another pair of witnesses just moments before the gunshots. They both said that, from about 90 feet away, they didn't hear the officers give any commands, never saw Abraham Perez, and that it seemed Perez Lopez was running away when the officers started shooting.\u003c/p>\n\u003cp>But their sight was obstructed by trees and parked vehicles, and they wouldn't have seen Abraham Perez on the other side of the cars. It would have been difficult, if not impossible, for them to see Perez Lopez at the moment he was shot, though they may have been able to see the officers.\u003c/p>\n\u003cp>\u003cstrong>District Attorney's Analysis\u003c/strong>\u003c/p>\n\u003cp>The district attorney's charging decision says that, legally, the officers' account of the shooting indicates that their use of force was justified in self-defense or defense of others. The charging decision then \"turns on whether the officers' statements are consistent with the evidence,\" according to the summary of the investigation.\u003c/p>\n\u003cp>The analysis further narrows to \"\u003cem>the moments just before the shots were fired\u003c/em> where it was not immediately clear whether the officers' accounts could be squared with other evidence,\" according to the summary, which notes two crucial inconsistencies. \"These two areas were subject to intense analysis, including close examination by a use of force expert.\"\u003c/p>\n\u003cp>The first apparent inconsistency involves Reboli's statement that he started to fire as Perez Lopez was coming toward him. \"This statement was examined in light of the findings of the Medical Examiner that five of the six shots that struck Perez Lopez struck him in the back, and with the statement of Abraham P., who said that Perez Lopez had his back to the officers when he was shot.\"\u003c/p>\n\u003cp>Use-of-force expert Charles Key examined the case and noted that \"a subject can turn one hundred eighty degrees more quickly than the fact that he/she has turned can be comprehended; thus, the shooter who has decided to fire may not recognize that the person has turned and, perhaps, no longer presents a threat and be able to stop shooting.\"\u003c/p>\n\u003cp>Key also accounts for what he calls \"the mechanics of shooting,\" which changes a person's focus from what their target may be doing to \"shooting the weapon effectively.\"\u003c/p>\n\u003cp>Key's analysis is further quoted in the district attorney's report on the shooting:\u003c/p>\n\u003cp>\"In other words, Reboli may have accurately recalled that Perez Lopez was facing him when he made the decision to shoot and started the process of taking the first shot, but based on action versus reaction time, Perez Lopez would have been able to turn 90 to 180 degrees by the time the first bullet hit him. Further, once Reboli saw Perez Lopez coming toward him with the knife and decided to shoot, his focus would have turned to the mechanics of shooting accurately and he may have at that point lost sight of the exact position of Perez Lopez as he started firing.\"\u003c/p>\n\u003cp>\"We will never know exactly what happened in those split seconds, which direction Perez Lopez was facing and to whom he posed a threat when the officers made a decision to shoot,\" Gascón said. \"But ultimately, given the proximity of the suspect with a knife to the officers and Abraham P. of just a few feet, the law does not distinguish between whether he was shot coming toward the officers or running away. The law gives significant deference to officers in situations in which they have to make a split-second decision.\"\u003c/p>\n\u003cp>The district attorney's investigation also intensely analyzed whether Perez Lopez dropped the knife he was holding before police started firing, something Perez Lopez's roommates believed they heard moments before the shooting.\u003c/p>\n\u003cp>The DA found that, due to the knife's position in the street after the shooting, it's likely that Perez Lopez was still holding it when he was shot. But, according to the district attorney's report, even if he wasn't:\u003c/p>\n\u003cp>\"The evidence is also consistent with the officers' \u003cem>belief\u003c/em> that Perez Lopez was still in possession of the knife when they discharged their weapons, even if the evidence supported a finding that the knife had in fact dropped a moment before the shots were fired.\"\u003c/p>\n\u003cp>Mission Distirct priest Richard Smith and other advocates around the case are now looking forward to a civil trial, which could still be a year away.\u003c/p>\n\u003cp>\"We have yet another case of a shooting of a young man of color in which the officers will not be held accountable,\" Smith said. \"We hope to have another shot at this to get the details to light and some of the questions answered, but this is a big disappointment.\"\u003c/p>\n\u003cp>\u003cem>Read the district attorney's summary of investigation and legal analysis below:\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/3553854-FOLSOM-STREET-SUMMARY-and-ANALYSIS\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n",
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"excerpt": "The long-awaited charging decision ends the criminal investigation into the 2-year-old case, and will allow a federal civil lawsuit to move forward.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Wednesday, 7:55 p.m.\u003c/em>\u003c/p>\n\u003cp>There is insufficient evidence to criminally charge two plainclothes San Francisco police officers who fatally shot a 20-year-old Guatemalan immigrant from behind more than two years ago, the city's district attorney announced on Wednesday.\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/news/2017/02/27/advocates-press-for-charging-decision-two-years-since-fatal-s-f-police-shooting/\" target=\"_blank\" rel=\"noopener noreferrer\">long-awaited\u003c/a> decision marks the end of the criminal investigation into the high-profile police killing of Amilcar Perez Lopez, one of a few such incidents that thrust the San Francisco Police Department into years of turmoil, culminating with the May 2016 \u003ca href=\"https://ww2.kqed.org/news/2016/05/19/suhr-resigns-after-series-of-fatal-officer-involved-shootings/\" target=\"_blank\" rel=\"noopener noreferrer\">resignation\u003c/a> of former SFPD Chief Greg Suhr.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We will never know exactly what happened in those split seconds ... but ultimately, given the proximity of the suspect with a knife to the officers and Abraham P. of just a few feet, the law does not distinguish between whether he was shot coming toward the officers or running away. The law gives significant deference to officers in situations in which they have to make a split-second decision.'\u003ccite>George Gascón\u003cbr>San Francisco District Attorney\u003c/cite>\u003c/aside>\n\u003cp>Suhr remains a defendant in a federal civil \u003ca href=\"https://www.scribd.com/document/262989139/Complaint-Estate-of-Amilcar-Perez-Lopez-et-al-v-Suhr-et-al#from_embed\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a> on behalf of Perez Lopez's family, which points out an inconsistency in Suhr's initial description that officers fired as Perez Lopez charged one of them with a large knife raised over his head. That account was called into question by an \u003ca href=\"http://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting/\" target=\"_blank\" rel=\"noopener noreferrer\">independent autopsy\u003c/a> commissioned by attorneys representing Perez Lopez's family, who live in Guatemala. Its findings, later backed up by the city's official medical examiner's report, show Perez Lopez was shot six times from behind.\u003c/p>\n\u003cp>Reconciling the statement of one of the officers involved -- that he fired as Perez Lopez was charging at him -- and the fact that Perez Lopez was shot from behind formed the crux of District Attorney George Gascón's decision.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"A human being is dead,\" Gascón said on Wednesday, announcing his decision not to charge the officers. \"Amilcar was someone’s son. He was a family member, and he was a member of our community. His loved ones have suffered a loss and my heart goes out to them.\"\u003c/p>\n\u003cp>But, he added, \"Can I prove beyond a reasonable doubt that the officers here did not act in self defense or the defense of others? If we cannot meet this burden, if we cannot show beyond a reasonable doubt that the officers lack a reasonable justification for their actions, then we cannot charge the case. I cannot, and I will not file charges or decline to file charges due to pressure from anyone.\"\u003c/p>\n\u003cp>The decision, though expected, inspired anger from advocates who wanted the case to go to trial.\u003c/p>\n\u003cp>\"If ever there was a case that could be prosecuted, this is it,\" Mission District priest Richard Smith said on Wednesday. \"This was an opportunity for justice where the DA simply failed.\"\u003c/p>\n\u003cp>\u003cstrong>Leading to the Shooting\u003c/strong>\u003c/p>\n\u003cp>Several rumors have circulated about what started the altercation between Perez Lopez and another man, identified by the district attorney's office as Abraham P., who is Abraham Perez. One, which Abraham Perez initially told officers, was that Perez Lopez attacked him after Abraham refused to sell his bicycle. Another involved Abraham Perez stealing Perez Lopez's cellphone, but the phone was in Perez Lopez's pocket when he was shot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A third, which is backed up by the account of one witness and video captured by a passing Muni bus, was that Abraham Perez was taunting Perez Lopez and blocking him from entering his home on Folsom Street, between 24th and 25th streets. Perez Lopez may have circled around Abraham Perez to dash inside his house and grab a kitchen knife with an 8-inch blade.\u003c/p>\n\u003cp>Both men appear to have been drinking heavily that evening. Perez Lopez's blood alcohol level was .19 -- intoxicated to the point of \"confusion or excitement, emotional instability, and loss of critical judgment and understanding,\" according to a toxicologist who tested Perez Lopez's blood. Abraham Perez told police he'd consumed half a 24-oz. beer before the incident, but he still smelled of alcohol several hours later, according to the district attorney's summary.\u003c/p>\n\u003cp>Officers Craig Tiffe and Eric Reboli, who were in plainclothes and an unmarked police car, were the first officers to respond to a 911 call about a person with a knife at about 9:45 p.m. on Feb. 26, 2015. They were nearby and arrived within minutes, where they encountered two men on opposite sides of a parked car.\u003c/p>\n\u003cp>Reboli approached a man on the street side of the parked car, who would later be identified as Abraham Perez, and \"announced himself as a police officer and then immediately grabbed Abraham P. by both arms and pinned his arms together in case he was the man with the knife,\" according to the district attorney's summary of Reboli's statement. Reboli told Perez they were going to get out of the street and moved toward the sidewalk.\u003c/p>\n\u003cp>Meanwhile, Tiffe approached Perez Lopez, who was on the sidewalk side of the parked car.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nOfficer Tiffe said he thought Perez Lopez appeared to be in an \"altered state\" and described the look on his face as \"bloodlust crazed,\" according to the district attorney's summary of Tiffe's statement. Tiffe said he announced himself as a police officer and asked Perez Lopez to step away from the car. \"Officer Tiffe then pointed to the star on his chest, in case Perez Lopez did not speak English, but he could not tell if Perez Lopez looked at it or understood he was a police officer since he said nothing and simply appeared to 'look through' him.\"\u003c/p>\n\u003cp>Tiffe said he tried to grab Perez Lopez by the left arm and tried to take him to the ground, but Perez Lopez \"suddenly lunged up at him with his right hand,\" according to the summary of Tiffe's statement. He said he shoved Perez Lopez away, and as the two were separating, Perez Lopez swiped at his chest with an object Tiffe then realized was a \"very large knife.\"\u003c/p>\n\u003cp>Reboli had come to Tiffe's aid at this point. After he was shoved away from Tiffe, Perez Lopez turned and started to run toward Reboli, according to the district attorney's summary of Reboli's statement. He said he reached for both his gun and pepper spray, but couldn't get the pepper spray out of his pocket. Reboli said he shouted either \"Police, drop the knife\" or \"Drop the knife,\" but after a momentary pause, Perez Lopez continued to approach Reboli with the knife, and the officer began to fire.\u003c/p>\n\u003cp>He fired five shots over about two seconds, which were recorded by a nearby gunshot detection device at 9:47 p.m. and the phone of the 911 caller, who was still speaking to police dispatchers.\u003c/p>\n\u003cp>\u003cem>Below is a 3D animation depicting the theory that Perez Lopez may have turned as the officers were deciding to shoot.\u003c/em>\u003cbr>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/Cr_tIpl6d5I'\n title='//www.youtube.com/embed/Cr_tIpl6d5I'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The district attorney's summary of Tiffe's statement says: \"Officer Reboli explained that, once he started to discharge his firearm, Perez Lopez began turning toward the street, then took a step or two before collapsing, face-down, between the two parked cars.\u003c/p>\n\u003cp>\"Officer Tiffe recalled that, as the shots were being fired, Perez Lopez was 'kind of moving in different directions,' was at some point 'facing, at some point he was turning away,' and appeared to fixate on something in the street.\"\u003c/p>\n\u003cp>Tiffe fired a single shot as Perez Lopez moved toward the street, the summary said: \"He didn't know exactly where Abraham P. was at that point but believed he was very close and thought that Perez Lopez was going after him, so he fired his weapon one time and saw Perez Lopez fall to the ground.\"\u003c/p>\n\u003cp>\u003cstrong>After the Shooting\u003c/strong>\u003c/p>\n\u003cp>Additionally, uniformed officers were arriving on the block of Folsom between 24th and 25th streets as the shots were being fired, according to the district attorney's summary. As one officer began CPR on Perez Lopez, who was shot through the back of the head among other wounds, another officer spoke with Abraham Perez. The officer recorded Perez saying \"that the man shot by the police wanted his bike and tried to kill him with the knife, and ... that the officer saved his life.\"\u003c/p>\n\u003cp>The district attorney's summary of the investigation includes statements or information from a total of 15 independent witnesses, including neighbors who said they heard gunshots and shouting, a man who called 911, a woman waiting for the bus and other bystanders. Part of their information corroborates whether officers Tiffe and Reboli shouted commands before firing.\u003c/p>\n\u003cp>\"Four witnesses reported hearing some version of 'Put the knife down,' prior to shots being fired; five witnesses heard some version of 'Get on the ground!' prior to shots being fired; and six witnesses heard yelling or shouting prior to shots being fired, but did not hear or remember the words said,\" according to the district attorney's summary.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We have yet another case of a shooting of a young man of color in which the officers will not be held accountable. ... We hope to have another shot at this to get the details to light and some of the questions answered, but this is a big disappointment.'\u003ccite>Richard Smith\u003cbr>Mission District Priest\u003c/cite>\u003c/aside>\n\u003cp>Two additional witnesses are former roommates of Perez Lopez who initially told police they hadn't seen anything, but feared their roommate had been shot.\u003c/p>\n\u003cp>One of them spoke to KQED and \u003ca href=\"http://eltecolote.org/content/en/features/how-a-witness-to-fatal-sfpd-shooting-of-amilcar-perez-lopez-came-forward/\" target=\"_blank\" rel=\"noopener noreferrer\">El Tecolote\u003c/a> last year on condition of anonymity because he said he fears retaliation from the police. Both men also told \u003ca href=\"https://ww2.kqed.org/news/2015/03/13/san-francisco-police-shooting-amilcar-perez-lopez/\" target=\"_blank\" rel=\"noopener noreferrer\">Mission Local\u003c/a> in 2015 that they feared countering the Police Department's version of the shooting because of their undocumented immigration status.\u003c/p>\n\u003cp>It was nearly a year after the shooting that the men, supported by a network of activists around the shooting of Perez Lopez, \u003ca href=\"https://ww2.kqed.org/news/2016/05/04/how-a-witness-to-fatal-s-f-police-shooting-of-amilcar-perez-lopez-came-forward/\" target=\"_blank\" rel=\"noopener noreferrer\">gave statements\u003c/a> to district attorney's investigators in the church of a local priest.\u003c/p>\n\u003cp>The district attorney's investigation notes that the men were likely outside at the time of the shooting -- they were noticed by another pair of witnesses just moments before the gunshots. They both said that, from about 90 feet away, they didn't hear the officers give any commands, never saw Abraham Perez, and that it seemed Perez Lopez was running away when the officers started shooting.\u003c/p>\n\u003cp>But their sight was obstructed by trees and parked vehicles, and they wouldn't have seen Abraham Perez on the other side of the cars. It would have been difficult, if not impossible, for them to see Perez Lopez at the moment he was shot, though they may have been able to see the officers.\u003c/p>\n\u003cp>\u003cstrong>District Attorney's Analysis\u003c/strong>\u003c/p>\n\u003cp>The district attorney's charging decision says that, legally, the officers' account of the shooting indicates that their use of force was justified in self-defense or defense of others. The charging decision then \"turns on whether the officers' statements are consistent with the evidence,\" according to the summary of the investigation.\u003c/p>\n\u003cp>The analysis further narrows to \"\u003cem>the moments just before the shots were fired\u003c/em> where it was not immediately clear whether the officers' accounts could be squared with other evidence,\" according to the summary, which notes two crucial inconsistencies. \"These two areas were subject to intense analysis, including close examination by a use of force expert.\"\u003c/p>\n\u003cp>The first apparent inconsistency involves Reboli's statement that he started to fire as Perez Lopez was coming toward him. \"This statement was examined in light of the findings of the Medical Examiner that five of the six shots that struck Perez Lopez struck him in the back, and with the statement of Abraham P., who said that Perez Lopez had his back to the officers when he was shot.\"\u003c/p>\n\u003cp>Use-of-force expert Charles Key examined the case and noted that \"a subject can turn one hundred eighty degrees more quickly than the fact that he/she has turned can be comprehended; thus, the shooter who has decided to fire may not recognize that the person has turned and, perhaps, no longer presents a threat and be able to stop shooting.\"\u003c/p>\n\u003cp>Key also accounts for what he calls \"the mechanics of shooting,\" which changes a person's focus from what their target may be doing to \"shooting the weapon effectively.\"\u003c/p>\n\u003cp>Key's analysis is further quoted in the district attorney's report on the shooting:\u003c/p>\n\u003cp>\"In other words, Reboli may have accurately recalled that Perez Lopez was facing him when he made the decision to shoot and started the process of taking the first shot, but based on action versus reaction time, Perez Lopez would have been able to turn 90 to 180 degrees by the time the first bullet hit him. Further, once Reboli saw Perez Lopez coming toward him with the knife and decided to shoot, his focus would have turned to the mechanics of shooting accurately and he may have at that point lost sight of the exact position of Perez Lopez as he started firing.\"\u003c/p>\n\u003cp>\"We will never know exactly what happened in those split seconds, which direction Perez Lopez was facing and to whom he posed a threat when the officers made a decision to shoot,\" Gascón said. \"But ultimately, given the proximity of the suspect with a knife to the officers and Abraham P. of just a few feet, the law does not distinguish between whether he was shot coming toward the officers or running away. The law gives significant deference to officers in situations in which they have to make a split-second decision.\"\u003c/p>\n\u003cp>The district attorney's investigation also intensely analyzed whether Perez Lopez dropped the knife he was holding before police started firing, something Perez Lopez's roommates believed they heard moments before the shooting.\u003c/p>\n\u003cp>The DA found that, due to the knife's position in the street after the shooting, it's likely that Perez Lopez was still holding it when he was shot. But, according to the district attorney's report, even if he wasn't:\u003c/p>\n\u003cp>\"The evidence is also consistent with the officers' \u003cem>belief\u003c/em> that Perez Lopez was still in possession of the knife when they discharged their weapons, even if the evidence supported a finding that the knife had in fact dropped a moment before the shots were fired.\"\u003c/p>\n\u003cp>Mission Distirct priest Richard Smith and other advocates around the case are now looking forward to a civil trial, which could still be a year away.\u003c/p>\n\u003cp>\"We have yet another case of a shooting of a young man of color in which the officers will not be held accountable,\" Smith said. \"We hope to have another shot at this to get the details to light and some of the questions answered, but this is a big disappointment.\"\u003c/p>\n\u003cp>\u003cem>Read the district attorney's summary of investigation and legal analysis below:\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A San Francisco supervisor has asked the city to draft legislation preventing its police from removing passengers from commercial airplanes that overbook seats.\u003c/p>\n\u003cp>KCBS \u003ca href=\"http://cbsloc.al/2oyVk88\" target=\"_blank\">reports\u003c/a> that Supervisor Jeff Sheehy on Tuesday asked the city attorney's office to draft the legislation.\u003c/p>\n\u003cp>\"I don't think our police should be involved in that,\" Sheehy said.\u003c/p>\n\u003cp>The request comes after a widely circulated \u003ca href=\"https://ww2.kqed.org/news/2017/04/10/united-airlines-chicago-louisville-flight-passenger-dragged-off-plane/\" target=\"_blank\">video of a passenger being dragged off\u003c/a> a United Express flight by airport police in Chicago prompted an apology by the company's CEO.\u003c/p>\n\u003cp>https://twitter.com/nlitenmebabe/status/851440392176381958\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>San Francisco police provide security at San Francisco International Airport in most areas.\u003c/p>\n\u003cp>[contextly_sidebar id=\"pScWL9P887rIWyHGTVLgJzcyRBSmeyxu\"]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Police spokesman Sgt. Michael Andraychak declined comment on the proposed legislation, but noted that officers called out to a situation on an aircraft would usually interview involved parties and \"try to mediate a resolution\" where possible.\u003c/p>\n\n",
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"content": "\u003cp>SAN DIEGO — An advocacy group said Tuesday that the U.S. Department of Homeland Security's internal watchdog fielded more than 1,000 complaints of sexual assault or sexual abuse from people in custody in a little more than two years.\u003c/p>\n\u003cp>Community Initiatives for Visiting Immigrants in Confinement is the latest group in recent years to document allegations of abuse at immigration detention centers, based on information obtained from public records requests. It comes as President Donald Trump seeks to expand detention capacity in a drive to deport more people.\u003c/p>\n\u003cp>The numbers obtained by the group don't provide details on individual cases or a full accounting of how the complaints were addressed, but they suggest complaints are common.\u003c/p>\n\u003cp>Homeland Security inspector general's office disclosed that it received 1,016 complaints from detainees reporting sexual abuse or assault from May 2014 to July 2016. More than 90 percent involved Immigration and Customs Enforcement, an agency within Homeland Security that has more than 30,000 beds at detention facilities nationwide.\u003c/p>\n\u003cp>The inspector general received more than 33,000 allegations of a broader range of abuses from January 2010 to July 2016, including 702 for coerced sexual contact, 714 for physical or sexual abuse and 589 for sexual harassment, according to the group. The group's analysis showed the inspector general investigated 247, or less than 1 percent. But it was unclear how many others were taken up by agencies in the department, such as Immigration and Customs and Enforcement or Customs and Border Protection.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[contextly_sidebar id=\"9I5dRtrl2Yzg2O4IQmwJHPaT0YQNtf6J\"]\u003c/p>\n\u003cp>The group cited the numbers in a complaint to Homeland Security Secretary John Kelly that urges changes in how allegations are handled. Gillian Christensen, a Homeland Security spokeswoman, said the department would review the complaint \"to determine if further action or recommendations are warranted.\"\u003c/p>\n\u003cp>Christensen noted the allegations represent a small number of the more than 2 million admissions to Immigration and Customs Enforcement detention facilities in the six-year period covered in the report. She said the agency has a \"zero tolerance policy\" and listed steps it has taken to address sexual abuse of detainees, including a directive to employees on prevention and intervention.\u003c/p>\n\u003cp>\"While ICE's goal is to prevent all sexual abuse among its custody population, given the volume of individuals who annually pass through its detention system, the agency believes the overall incidence of such activity is very low,\" she said.\u003c/p>\n\u003cp>The inspector general's office generally focuses on allegations of employee misconduct and often refers complaints of detainee abuse to Immigration and Customs Enforcement's Office of Professional Responsibility to follow up, Christensen said.\u003c/p>\n\u003cp>[contextly_sidebar id=\"c6XKdI8cLRCBO2uUpKpvW4h4ZCVqVw45\"]\u003c/p>\n\u003cp>Community Initiatives for Visiting Immigrants in Confinement said it independently documented 27 alleged instances of sexual abuse. Most haven't filed grievances because they fear retaliation.\u003c/p>\n\u003cp>Douglas Menjivar was allegedly raped by another detainee in the presence of four witnesses at the Joe Corley Detention Center in Conroe, Texas, in September 2013. The group says an official told him that he was stupid to let it happen and that the facility didn't document Menjivar's claim or provide medical or psychological care. Menjivar reported the incident to a doctor in November 2014, and after being interviewed twice, authorities told him that his allegations were unsubstantiated.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The group also published figures, obtained from a records request by Human Rights Watch, that show private companies contracted by Immigration and Customs Enforcement had the most hotline complaints of sexual and physical assault from Oct. 1, 2012 to March 14, 2016, as opposed to centers managed by the agency. Detention centers managed by The Geo Group Inc. occupied first, third and fourth slots with facilities in Jena, Louisiana; Adelanto, California; and Tacoma, Washington. CCA Inc. facilities in Houston and San Diego occupied the second and fifth slots.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SAN DIEGO — An advocacy group said Tuesday that the U.S. Department of Homeland Security's internal watchdog fielded more than 1,000 complaints of sexual assault or sexual abuse from people in custody in a little more than two years.\u003c/p>\n\u003cp>Community Initiatives for Visiting Immigrants in Confinement is the latest group in recent years to document allegations of abuse at immigration detention centers, based on information obtained from public records requests. It comes as President Donald Trump seeks to expand detention capacity in a drive to deport more people.\u003c/p>\n\u003cp>The numbers obtained by the group don't provide details on individual cases or a full accounting of how the complaints were addressed, but they suggest complaints are common.\u003c/p>\n\u003cp>Homeland Security inspector general's office disclosed that it received 1,016 complaints from detainees reporting sexual abuse or assault from May 2014 to July 2016. More than 90 percent involved Immigration and Customs Enforcement, an agency within Homeland Security that has more than 30,000 beds at detention facilities nationwide.\u003c/p>\n\u003cp>The inspector general received more than 33,000 allegations of a broader range of abuses from January 2010 to July 2016, including 702 for coerced sexual contact, 714 for physical or sexual abuse and 589 for sexual harassment, according to the group. The group's analysis showed the inspector general investigated 247, or less than 1 percent. But it was unclear how many others were taken up by agencies in the department, such as Immigration and Customs and Enforcement or Customs and Border Protection.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The group cited the numbers in a complaint to Homeland Security Secretary John Kelly that urges changes in how allegations are handled. Gillian Christensen, a Homeland Security spokeswoman, said the department would review the complaint \"to determine if further action or recommendations are warranted.\"\u003c/p>\n\u003cp>Christensen noted the allegations represent a small number of the more than 2 million admissions to Immigration and Customs Enforcement detention facilities in the six-year period covered in the report. She said the agency has a \"zero tolerance policy\" and listed steps it has taken to address sexual abuse of detainees, including a directive to employees on prevention and intervention.\u003c/p>\n\u003cp>\"While ICE's goal is to prevent all sexual abuse among its custody population, given the volume of individuals who annually pass through its detention system, the agency believes the overall incidence of such activity is very low,\" she said.\u003c/p>\n\u003cp>The inspector general's office generally focuses on allegations of employee misconduct and often refers complaints of detainee abuse to Immigration and Customs Enforcement's Office of Professional Responsibility to follow up, Christensen said.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Community Initiatives for Visiting Immigrants in Confinement said it independently documented 27 alleged instances of sexual abuse. Most haven't filed grievances because they fear retaliation.\u003c/p>\n\u003cp>Douglas Menjivar was allegedly raped by another detainee in the presence of four witnesses at the Joe Corley Detention Center in Conroe, Texas, in September 2013. The group says an official told him that he was stupid to let it happen and that the facility didn't document Menjivar's claim or provide medical or psychological care. Menjivar reported the incident to a doctor in November 2014, and after being interviewed twice, authorities told him that his allegations were unsubstantiated.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The group also published figures, obtained from a records request by Human Rights Watch, that show private companies contracted by Immigration and Customs Enforcement had the most hotline complaints of sexual and physical assault from Oct. 1, 2012 to March 14, 2016, as opposed to centers managed by the agency. Detention centers managed by The Geo Group Inc. occupied first, third and fourth slots with facilities in Jena, Louisiana; Adelanto, California; and Tacoma, Washington. CCA Inc. facilities in Houston and San Diego occupied the second and fifth slots.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "San Bernardino School Closed Following Murder-Suicide",
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"content": "\u003cp>SAN BERNARDINO — Students dove under desks when a man walked into his estranged wife's elementary school classroom and \u003ca href=\"https://ww2.kqed.org/news/2017/04/10/4-people-shot-at-san-bernardino-elementary-school/\" target=\"_blank\">opened fire without saying a word\u003c/a>, killing her and an 8-year-old student and wounding a 9-year-old before fatally shooting himself, authorities said.\u003c/p>\n\u003cp>Some six weeks earlier, 53-year-old Cedric Anderson was a newlywed, calling his wife Karen Smith, also 53, an \"angel\" in one of many social media posts professing his love.\u003c/p>\n\u003cp>San Bernardino police have said nothing of what might have motivated Anderson to open fire in the special education classroom at North Park Elementary School on Monday.\u003c/p>\n\u003cp>[contextly_sidebar id=\"UdyO9kWFnmdQARTopzALRJuwLIZdEvLH\"]\u003c/p>\n\u003cp>\"No one has come forward to say they saw this coming,\" Police Chief Jarrod Burguan said, though Anderson had a history of weapons, domestic violence and possible drug charges that predated the brief marriage.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>School district officials said classes at North Park would be canceled for at least Tuesday and Wednesday. Counselors were made available at a nearby middle school for students, family and staff.\u003c/p>\n\u003cp>The shooting came 15 months after a terror attack in San Bernardino that killed 14 people and wounded 22 others at a meeting of county employees. Husband-and-wife shooters Syed Rizwan Farook and Tashfeen Malik were later killed in a gunbattle with authorities.\u003c/p>\n\u003cp>Nine-year-old Marissa Perez said she got under a table as soon as she saw the gunman enter her classroom Monday.\u003c/p>\n\u003cp>\"She keeps telling me, 'My teacher got shot, my friend got shot,' \" her mother, Elizabeth Barajas, said as she clutched her daughter's blood-stained sweatshirt.\u003c/p>\n\u003cp>Marissa said the shooter didn't speak as he began shooting. One of her friends was hit, she added, pointing to her abdomen.\u003c/p>\n\u003cfigure id=\"attachment_11403529\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11403529 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/SBKids-800x502.jpg\" alt=\"A police officer leads North Park elementary school students to be reunited with their parents following the shooting on Monday, April 10, 2017.\" width=\"800\" height=\"502\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-800x502.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-160x100.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-1020x640.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-1180x740.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-960x602.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-240x151.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-375x235.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-520x326.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A police officer leads North Park Elementary School students to be reunited with their parents following the shooting on Monday, April 10, 2017. \u003ccite>(ROBYN BECK/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>What appears to be Anderson's Facebook page features many public declarations of love for Smith between statements of religious devotion before his last public post on March 15.\u003c/p>\n\u003cp>\"She knows when to ignore me,\" Anderson said with a laugh in a short video posted Feb. 27. \"Well, it makes a happy marriage.\"\u003c/p>\n\u003cp>Anderson had posted that he \"loved being married to Karen Smith-Anderson!\" and shared a photo of the two of them on March 4 during what he described as a date night.\u003c/p>\n\u003cp>The page also had several photos of his wedding to Smith and their honeymoon among the scenic red rocks of Sedona, Arizona.\u003c/p>\n\u003cp>But Smith left him about a month and a half after their late-January marriage, police and family members said.\u003c/p>\n\u003cp>Smith's mother, Irma Sykes, said her daughter had been friends with Anderson for about four years before they got married.\u003c/p>\n\u003cp>\"She thought she had a wonderful husband, but she found out he was not wonderful at all,\" Sykes told the Los Angeles Times. \"He had other motives,\" Sykes said. \"She left him and that's where the trouble began. She broke up with him and he came out with a different personality. She decided she needed to leave him.\" She did not elaborate further.\u003c/p>\n\u003cp>Sykes said her daughter was a dedicated teacher who took up the profession about 10 years ago, after her four children grew up.\u003c/p>\n\u003cp>School staffers knew Anderson, who followed the proper protocol and got into the school through the front office by saying he had to drop something off for Smith, school district officials said.\u003c/p>\n\u003cp>Smith was his target and the two boys were hit as he was firing at her, the police chief said. Anderson emptied and reloaded the gun before turning it on himself.\u003c/p>\n\u003cp>There were 15 students in the special needs classroom ranging from first to fourth grade, along with two adult aides, Burguan said.\u003c/p>\n\u003cp>Eight-year-old Jonathan Martinez was airlifted to a hospital, where he was declared dead. A 9-year-old boy, whose name was not released, remained hospitalized Monday night.\u003c/p>\n\u003cp>The 600 other students at the school were bused to safety at California State University's San Bernardino campus, several miles away, after many walked off campus hand in hand, escorted by police.\u003c/p>\n\u003cfigure id=\"attachment_11402306\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11402306\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/Reunited-800x533.jpg\" alt=\"North Park Elementary School students and parents are reunited after a shooting at their school on April 10, 2017 in San Bernardino.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">North Park Elementary School students and parents are reunited after a shooting at their school on April 10, 2017, in San Bernardino. \u003ccite>(David McNew/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Panicked parents had to wait hours before being reunited with them at a nearby high school.\u003c/p>\n\u003cp>Holly Penalber, whose 9-year-old son and 7-year-old daughter attend the school, called it \"every parent's worst nightmare.\" She said the long wait was \"frustrating but also understandable.\"\u003c/p>\n\u003cp>Once a major rail hub and citrus producer, the city of 216,000 people filed for bankruptcy in 2012 after struggling to pay its employees despite steep cuts to the budget. It was hit hard by the great recession, seeing rises in unemployment and violent crime.\u003c/p>\n\u003cp>An overflow crowd gathered at sunset at Our Lady of the Assumption Church in San Bernardino to mourn and pray for the victims and survivors of Monday's shooting. One man wore a shirt that read \"stop the violence in SB.\"\u003c/p>\n\u003cp>\"Sometimes all we can do is cry. And today is the day for that,\" Bishop Gerald R. Barnes told the gathering. \"We'll get up again. We'll move on. We'll become stronger. But today is the day to cry.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Associated Press writers Amanda Lee Myers, Brian Melley, John Rogers and Andrew Dalton contributed to this story.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>School district officials said classes at North Park would be canceled for at least Tuesday and Wednesday. Counselors were made available at a nearby middle school for students, family and staff.\u003c/p>\n\u003cp>The shooting came 15 months after a terror attack in San Bernardino that killed 14 people and wounded 22 others at a meeting of county employees. Husband-and-wife shooters Syed Rizwan Farook and Tashfeen Malik were later killed in a gunbattle with authorities.\u003c/p>\n\u003cp>Nine-year-old Marissa Perez said she got under a table as soon as she saw the gunman enter her classroom Monday.\u003c/p>\n\u003cp>\"She keeps telling me, 'My teacher got shot, my friend got shot,' \" her mother, Elizabeth Barajas, said as she clutched her daughter's blood-stained sweatshirt.\u003c/p>\n\u003cp>Marissa said the shooter didn't speak as he began shooting. One of her friends was hit, she added, pointing to her abdomen.\u003c/p>\n\u003cfigure id=\"attachment_11403529\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11403529 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/SBKids-800x502.jpg\" alt=\"A police officer leads North Park elementary school students to be reunited with their parents following the shooting on Monday, April 10, 2017.\" width=\"800\" height=\"502\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-800x502.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-160x100.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-1020x640.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-1180x740.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-960x602.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-240x151.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-375x235.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/SBKids-520x326.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A police officer leads North Park Elementary School students to be reunited with their parents following the shooting on Monday, April 10, 2017. \u003ccite>(ROBYN BECK/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>What appears to be Anderson's Facebook page features many public declarations of love for Smith between statements of religious devotion before his last public post on March 15.\u003c/p>\n\u003cp>\"She knows when to ignore me,\" Anderson said with a laugh in a short video posted Feb. 27. \"Well, it makes a happy marriage.\"\u003c/p>\n\u003cp>Anderson had posted that he \"loved being married to Karen Smith-Anderson!\" and shared a photo of the two of them on March 4 during what he described as a date night.\u003c/p>\n\u003cp>The page also had several photos of his wedding to Smith and their honeymoon among the scenic red rocks of Sedona, Arizona.\u003c/p>\n\u003cp>But Smith left him about a month and a half after their late-January marriage, police and family members said.\u003c/p>\n\u003cp>Smith's mother, Irma Sykes, said her daughter had been friends with Anderson for about four years before they got married.\u003c/p>\n\u003cp>\"She thought she had a wonderful husband, but she found out he was not wonderful at all,\" Sykes told the Los Angeles Times. \"He had other motives,\" Sykes said. \"She left him and that's where the trouble began. She broke up with him and he came out with a different personality. She decided she needed to leave him.\" She did not elaborate further.\u003c/p>\n\u003cp>Sykes said her daughter was a dedicated teacher who took up the profession about 10 years ago, after her four children grew up.\u003c/p>\n\u003cp>School staffers knew Anderson, who followed the proper protocol and got into the school through the front office by saying he had to drop something off for Smith, school district officials said.\u003c/p>\n\u003cp>Smith was his target and the two boys were hit as he was firing at her, the police chief said. Anderson emptied and reloaded the gun before turning it on himself.\u003c/p>\n\u003cp>There were 15 students in the special needs classroom ranging from first to fourth grade, along with two adult aides, Burguan said.\u003c/p>\n\u003cp>Eight-year-old Jonathan Martinez was airlifted to a hospital, where he was declared dead. A 9-year-old boy, whose name was not released, remained hospitalized Monday night.\u003c/p>\n\u003cp>The 600 other students at the school were bused to safety at California State University's San Bernardino campus, several miles away, after many walked off campus hand in hand, escorted by police.\u003c/p>\n\u003cfigure id=\"attachment_11402306\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11402306\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/Reunited-800x533.jpg\" alt=\"North Park Elementary School students and parents are reunited after a shooting at their school on April 10, 2017 in San Bernardino.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">North Park Elementary School students and parents are reunited after a shooting at their school on April 10, 2017, in San Bernardino. \u003ccite>(David McNew/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Panicked parents had to wait hours before being reunited with them at a nearby high school.\u003c/p>\n\u003cp>Holly Penalber, whose 9-year-old son and 7-year-old daughter attend the school, called it \"every parent's worst nightmare.\" She said the long wait was \"frustrating but also understandable.\"\u003c/p>\n\u003cp>Once a major rail hub and citrus producer, the city of 216,000 people filed for bankruptcy in 2012 after struggling to pay its employees despite steep cuts to the budget. It was hit hard by the great recession, seeing rises in unemployment and violent crime.\u003c/p>\n\u003cp>An overflow crowd gathered at sunset at Our Lady of the Assumption Church in San Bernardino to mourn and pray for the victims and survivors of Monday's shooting. One man wore a shirt that read \"stop the violence in SB.\"\u003c/p>\n\u003cp>\"Sometimes all we can do is cry. And today is the day for that,\" Bishop Gerald R. Barnes told the gathering. \"We'll get up again. We'll move on. We'll become stronger. But today is the day to cry.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Associated Press writers Amanda Lee Myers, Brian Melley, John Rogers and Andrew Dalton contributed to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "3 Dead, 1 Injured in Shooting at San Bernardino Elementary School",
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"content": "\u003cp>SAN BERNARDINO — A husband opened fire on his estranged wife Monday in a San Bernardino elementary school classroom, killing her and a student in a murder-suicide that spread panic across a city still recovering emotionally from a terrorist attack at a community center just 15 months ago.\u003c/p>\n\u003cp>The shooter also died, and a second student was critically wounded at North Park School.\u003c/p>\n\u003cp>\"The children we do not believe were targeted,\" police Capt. Ron Maass told reporters.\u003c/p>\n\u003cp>The gunman was identified as 53-year-old Cedric Anderson, of Riverside, who shot his estranged wife, Elaine Smith, also 53. She was a teacher in the special-needs classroom for students in first through fourth grades.\u003c/p>\n\u003cp>Police say the couple had been estranged for at least a month.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Bernardino Police Dept. released images of both the victim and her estranged husband.\u003c/p>\n\u003cp>https://twitter.com/SanBernardinoPD/status/851574080251740162\u003c/p>\n\u003cp>https://twitter.com/SanBernardinoPD/status/851573807164702720\u003c/p>\n\u003cp>Anderson said nothing as he began firing a large-caliber revolver, according to police. Both of the children who were hit were standing behind Smith. An 8-year-old later died. The other student was hospitalized in stable condition.\u003c/p>\n\u003cp>The gunman had a history of weapons, domestic violence and possible drug charges that predated the marriage, which lasted only a few months, authorities said.\u003c/p>\n\u003cp>The boy who died was identified as Jonathan Martinez. Authorities did not name the other boy who was wounded.\u003c/p>\n\u003cp>The 600 other students at the school were bused to safety at California State University's San Bernardino campus, several miles away. Television news footage showed students, escorted by police officers, walking off campus hand-in-hand.\u003c/p>\n\u003cp>https://twitter.com/CBSNews/status/851502791797428224\u003c/p>\n\u003cp>As word of the shooting spread, panicked parents raced to the school, some in tears, some praying as they anxiously sought information about their children. They were told to go to a nearby high school where they would be reunited.\u003c/p>\n\u003cp>Four hours later, the children began to arrive at the high school, getting hugs from emotional parents. As the students got off the buses, many of them carrying glow sticks they had been given to pass the time with, police officers applauded and high-fived them.\u003c/p>\n\u003cp>When the buses first pulled away, some parents ran alongside, waving and trying to recognize their children inside. Many said their children were too young to have cellphones. Others said the phones rang unanswered.\u003c/p>\n\u003cp>Among those waiting anxiously at the high school for her 9-year-old granddaughter's return was Alberta Terrell, who said she cried with relief when she was told that a family friend saw the girl getting safely onto a bus.\u003c/p>\n\u003cp>\"I was really elated. But I won't be truly happy until I see her and can give her a big hug,\" Terrell said as she sat in the bleachers near Cajon High School's baseball diamond.\u003c/p>\n\u003cp>\"It's frustrating for us as parents but also understandable,\" Holly Penalber said of the long wait, which most parents seemed resigned to.\u003c/p>\n\u003cp>Penalber's 9-year-old son and 7-year-old daughter attend the school. She called Monday's shootings \"every parent's worst nightmare.\"\u003c/p>\n\u003cfigure id=\"attachment_11402306\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/Reunited-800x533.jpg\" alt=\"North Park Elementary School students and parents are reunited after a shooting at their school on April 10, 2017 in San Bernardino.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11402306\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">North Park Elementary School students and parents are reunited after a shooting at their school on April 10, 2017 in San Bernardino. \u003ccite>(David McNew/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Bernardino, a city of 216,000 people about 60 miles east of Los Angeles, was the site of a December 2015 terror attack that killed 14 people and wounded 22 others at a meeting of San Bernardino County employees. Husband-and-wife shooters Syed Rizwan Farook and Tashfeen Malik were later killed in a gunbattle with authorities.\u003c/p>\n\u003cp>Monday's shooting was the latest tragedy for a city that has struggled in recent years with more than its share of them. Once a major rail hub and citrus producer, San Bernardino filed for bankruptcy in 2012 after struggling to pay its employees despite steep cuts to the budget.\u003c/p>\n\u003cp>An outlying suburb of Los Angeles, it was hit hard when the Great Recession sent housing prices tumbling. As the city struggled with economic problems that forced layoffs of police and other government workers, violent crimes, particularly homicide, began to rise.\u003c/p>\n\u003cp>In the past year, however, the city seemed to be making a recovery. Police Chief Jarrod Burguan, who won national praise for the way his department responded to the 2015 shootings, announced last year he was hiring additional officers.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Anderson said nothing as he began firing a large-caliber revolver, according to police. Both of the children who were hit were standing behind Smith. An 8-year-old later died. The other student was hospitalized in stable condition.\u003c/p>\n\u003cp>The gunman had a history of weapons, domestic violence and possible drug charges that predated the marriage, which lasted only a few months, authorities said.\u003c/p>\n\u003cp>The boy who died was identified as Jonathan Martinez. Authorities did not name the other boy who was wounded.\u003c/p>\n\u003cp>The 600 other students at the school were bused to safety at California State University's San Bernardino campus, several miles away. Television news footage showed students, escorted by police officers, walking off campus hand-in-hand.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>As word of the shooting spread, panicked parents raced to the school, some in tears, some praying as they anxiously sought information about their children. They were told to go to a nearby high school where they would be reunited.\u003c/p>\n\u003cp>Four hours later, the children began to arrive at the high school, getting hugs from emotional parents. As the students got off the buses, many of them carrying glow sticks they had been given to pass the time with, police officers applauded and high-fived them.\u003c/p>\n\u003cp>When the buses first pulled away, some parents ran alongside, waving and trying to recognize their children inside. Many said their children were too young to have cellphones. Others said the phones rang unanswered.\u003c/p>\n\u003cp>Among those waiting anxiously at the high school for her 9-year-old granddaughter's return was Alberta Terrell, who said she cried with relief when she was told that a family friend saw the girl getting safely onto a bus.\u003c/p>\n\u003cp>\"I was really elated. But I won't be truly happy until I see her and can give her a big hug,\" Terrell said as she sat in the bleachers near Cajon High School's baseball diamond.\u003c/p>\n\u003cp>\"It's frustrating for us as parents but also understandable,\" Holly Penalber said of the long wait, which most parents seemed resigned to.\u003c/p>\n\u003cp>Penalber's 9-year-old son and 7-year-old daughter attend the school. She called Monday's shootings \"every parent's worst nightmare.\"\u003c/p>\n\u003cfigure id=\"attachment_11402306\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/Reunited-800x533.jpg\" alt=\"North Park Elementary School students and parents are reunited after a shooting at their school on April 10, 2017 in San Bernardino.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11402306\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Reunited-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">North Park Elementary School students and parents are reunited after a shooting at their school on April 10, 2017 in San Bernardino. \u003ccite>(David McNew/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Bernardino, a city of 216,000 people about 60 miles east of Los Angeles, was the site of a December 2015 terror attack that killed 14 people and wounded 22 others at a meeting of San Bernardino County employees. Husband-and-wife shooters Syed Rizwan Farook and Tashfeen Malik were later killed in a gunbattle with authorities.\u003c/p>\n\u003cp>Monday's shooting was the latest tragedy for a city that has struggled in recent years with more than its share of them. Once a major rail hub and citrus producer, San Bernardino filed for bankruptcy in 2012 after struggling to pay its employees despite steep cuts to the budget.\u003c/p>\n\u003cp>An outlying suburb of Los Angeles, it was hit hard when the Great Recession sent housing prices tumbling. As the city struggled with economic problems that forced layoffs of police and other government workers, violent crimes, particularly homicide, began to rise.\u003c/p>\n\u003cp>In the past year, however, the city seemed to be making a recovery. Police Chief Jarrod Burguan, who won national praise for the way his department responded to the 2015 shootings, announced last year he was hiring additional officers.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Two executives who were publicly excoriated over Wells Fargo's opening of millions of bogus accounts must give back millions more dollars in pay, the bank's board announced Monday. The board is clawing back an additional $47 million from Carrie Tolstedt, who headed the troubled sales division, and $28 million from former CEO John Stumpf.\u003c/p>\n\u003cp>Stumpf \"was too slow\" to see problems in sales practices that brought a $185 million punishment from the \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/09/08/493130449/wells-fargo-to-pay-around-190-million-over-fake-accounts-that-sparked-bonuses\">Consumer Financial Protection Bureau\u003c/a>, according to a 110-page report released Monday by Wells Fargo's board. The report says he also failed to protect the bank's reputation from what the CFPB has called \"the widespread illegal practice of secretly opening unauthorized deposit and credit card accounts.\"\u003c/p>\n\u003cp>Some 5,300 Wells Fargo employees lost their jobs over the fake-accounts scandal — a number far higher than the bank's board says it was initially led to believe. The report says Stumpf \"did not appreciate the scope and severity of the problem\" and that he \"continued to publicly support the appropriateness of Wells Fargo's sales goals and to highlight that the vast majority of Wells Fargo employees 'got it right.' \"\u003c/p>\n\u003cp>[contextly_sidebar id=\"BMToZ4W659K4wxX8RqIsiZXqUYM2ibA1\"]\u003c/p>\n\u003cp>Both Stumpf and Tolstedt had previously been forced to return tens of millions of dollars. With the new clawbacks, Wells Fargo's board says, the bank has now recovered more than $180 million in executive compensation over the scandal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Of that total, $69 million has come from Stumpf and $67 million from Tolstedt, the bank says. Stumpf \u003ca href=\"https://ww2.kqed.org/news/2016/10/12/wells-fargo-ceo-john-stumpf-resigns-amid-scandal/\" target=\"_blank\">resigned in October of 2016\u003c/a>.\u003c/p>\n\u003cp>The Wells Fargo report cites \"distortion\" of the sales culture and management system in the unit that was at the heart of the scandal, as well as other organizational issues, as reasons why essential problems weren't addressed.\u003c/p>\n\u003cp>Describing a system that sometimes \"imposed excessive pressure\" on lower-rung workers during Tolstedt's long tenure, the report says employees in the Community Bank division were ranked against each other on \"scorecards\" that were updated daily. Workers were paid and promoted based on sales goals that executives knew were often unattainable, according to the report.\u003c/p>\n\u003cp>[contextly_sidebar id=\"o4ij1tnrVUihiFQSjXGB4KFdeSypBzK2\"]\u003c/p>\n\u003cp>Former Wells Fargo employees who tried to raise red flags about the sales practices \u003ca href=\"http://www.npr.org/2016/10/21/498804659/former-wells-fargo-employees-join-class-action-lawsuit\">have told NPR's Chris Arnold\u003c/a> that they were fired or pushed to resign — and an investigation showed that the bank had put black marks against those employees' names in a permanent national database used by banks and regulators.\u003c/p>\n\u003cp>As for how executives responded to problems within the sales division, the report states, \"Tolstedt and certain of her inner circle were insular and defensive and did not like to be challenged or hear negative information.\"\u003c/p>\n\u003cp>Tolstedt's current perspective isn't represented in the report — its authors say she \"declined, on advice of counsel, to be interviewed as part of this investigation.\"\u003c/p>\n\u003cp>The report notes that in January, Wells Fargo changed its incentive program to focus on \"customer service rather than selling products.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As we've previously reported:\u003c/p>\n\u003cul>\n\u003cli>When accusations of fraud were circulating last fall, it emerged that Tolstedt was set to leave Wells Fargo with \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/09/13/493791920/wells-fargo-units-leader-departs-with-125-million-after-group-incurs-record-fine\">$124.6 million in stock and options\u003c/a>.\u003c/li>\n\u003cli>Stumpf \u003ca href=\"https://www08.wellsfargomedia.com/assets/pdf/about/investor-relations/annual-reports/2016-proxy-statement.pdf\">made $19.3 million in annual compensation \u003c/a>(including a performance bonus of $12.5 million) in 2015.\u003c/li>\n\u003cli>On Capitol Hill, \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/09/20/494738797/you-should-resign-watch-sen-elizabeth-warren-grill-wells-fargo-ceo-john-stumpf\">Sen. Elizabeth Warren, D- Mass., accused Stumpf\u003c/a> of netting more than $200 million after the sales practices boosted the bank's stock.\u003c/li>\n\u003cli>In February, two cities \u003ca href=\"http://www.npr.org/sections/thetwo-way/2017/02/08/514133514/two-cities-vote-to-pull-more-than-3-billion-from-wells-fargo-over-dakota-pipelin\">pulled more than $3 billion\u003c/a> in annual cash flow from Wells Fargo over its role in the Dakota Access Pipeline project.\u003c/li>\n\u003c/ul>\n\u003cdiv class=\"fullattribution\">Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Wells+Fargo+Claws+Back+%2475+Million+More+From+2+Executives+Over+Fake+Accounts&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two executives who were publicly excoriated over Wells Fargo's opening of millions of bogus accounts must give back millions more dollars in pay, the bank's board announced Monday. The board is clawing back an additional $47 million from Carrie Tolstedt, who headed the troubled sales division, and $28 million from former CEO John Stumpf.\u003c/p>\n\u003cp>Stumpf \"was too slow\" to see problems in sales practices that brought a $185 million punishment from the \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/09/08/493130449/wells-fargo-to-pay-around-190-million-over-fake-accounts-that-sparked-bonuses\">Consumer Financial Protection Bureau\u003c/a>, according to a 110-page report released Monday by Wells Fargo's board. The report says he also failed to protect the bank's reputation from what the CFPB has called \"the widespread illegal practice of secretly opening unauthorized deposit and credit card accounts.\"\u003c/p>\n\u003cp>Some 5,300 Wells Fargo employees lost their jobs over the fake-accounts scandal — a number far higher than the bank's board says it was initially led to believe. The report says Stumpf \"did not appreciate the scope and severity of the problem\" and that he \"continued to publicly support the appropriateness of Wells Fargo's sales goals and to highlight that the vast majority of Wells Fargo employees 'got it right.' \"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Both Stumpf and Tolstedt had previously been forced to return tens of millions of dollars. With the new clawbacks, Wells Fargo's board says, the bank has now recovered more than $180 million in executive compensation over the scandal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Of that total, $69 million has come from Stumpf and $67 million from Tolstedt, the bank says. Stumpf \u003ca href=\"https://ww2.kqed.org/news/2016/10/12/wells-fargo-ceo-john-stumpf-resigns-amid-scandal/\" target=\"_blank\">resigned in October of 2016\u003c/a>.\u003c/p>\n\u003cp>The Wells Fargo report cites \"distortion\" of the sales culture and management system in the unit that was at the heart of the scandal, as well as other organizational issues, as reasons why essential problems weren't addressed.\u003c/p>\n\u003cp>Describing a system that sometimes \"imposed excessive pressure\" on lower-rung workers during Tolstedt's long tenure, the report says employees in the Community Bank division were ranked against each other on \"scorecards\" that were updated daily. Workers were paid and promoted based on sales goals that executives knew were often unattainable, according to the report.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Former Wells Fargo employees who tried to raise red flags about the sales practices \u003ca href=\"http://www.npr.org/2016/10/21/498804659/former-wells-fargo-employees-join-class-action-lawsuit\">have told NPR's Chris Arnold\u003c/a> that they were fired or pushed to resign — and an investigation showed that the bank had put black marks against those employees' names in a permanent national database used by banks and regulators.\u003c/p>\n\u003cp>As for how executives responded to problems within the sales division, the report states, \"Tolstedt and certain of her inner circle were insular and defensive and did not like to be challenged or hear negative information.\"\u003c/p>\n\u003cp>Tolstedt's current perspective isn't represented in the report — its authors say she \"declined, on advice of counsel, to be interviewed as part of this investigation.\"\u003c/p>\n\u003cp>The report notes that in January, Wells Fargo changed its incentive program to focus on \"customer service rather than selling products.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As we've previously reported:\u003c/p>\n\u003cul>\n\u003cli>When accusations of fraud were circulating last fall, it emerged that Tolstedt was set to leave Wells Fargo with \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/09/13/493791920/wells-fargo-units-leader-departs-with-125-million-after-group-incurs-record-fine\">$124.6 million in stock and options\u003c/a>.\u003c/li>\n\u003cli>Stumpf \u003ca href=\"https://www08.wellsfargomedia.com/assets/pdf/about/investor-relations/annual-reports/2016-proxy-statement.pdf\">made $19.3 million in annual compensation \u003c/a>(including a performance bonus of $12.5 million) in 2015.\u003c/li>\n\u003cli>On Capitol Hill, \u003ca href=\"http://www.npr.org/sections/thetwo-way/2016/09/20/494738797/you-should-resign-watch-sen-elizabeth-warren-grill-wells-fargo-ceo-john-stumpf\">Sen. Elizabeth Warren, D- Mass., accused Stumpf\u003c/a> of netting more than $200 million after the sales practices boosted the bank's stock.\u003c/li>\n\u003cli>In February, two cities \u003ca href=\"http://www.npr.org/sections/thetwo-way/2017/02/08/514133514/two-cities-vote-to-pull-more-than-3-billion-from-wells-fargo-over-dakota-pipelin\">pulled more than $3 billion\u003c/a> in annual cash flow from Wells Fargo over its role in the Dakota Access Pipeline project.\u003c/li>\n\u003c/ul>\n\u003cdiv class=\"fullattribution\">Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Wells+Fargo+Claws+Back+%2475+Million+More+From+2+Executives+Over+Fake+Accounts&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Two Fremont police officers shot and killed a man late Sunday night in an incident that prompted a response from half-a-dozen local law enforcement agencies.\u003c/p>\n\u003cp>The shooting marks the third time in the last nine weeks that officers with the East Bay police department have been involved in a fatal officer-involved shooting.\u003c/p>\n\u003cp>The two officers who took part in the most recent incident are on administrative leave and the shooting has prompted two investigations, one by Fremont police and the other by the Alameda County District Attorney's Office.\u003c/p>\n\u003cp>The incident on Sunday night began with a request from the East Bay Regional Parks District police. One of that agency's officers was at a 7-Eleven near Decoto Road and Fremont Boulevard shortly before midnight.\u003c/p>\n\u003cp>\"He had come in contact with a vehicle ... and there was a gun involved, multiple subjects,\" said Fremont police Sgt. Ricardo Cortes.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The parks district officer called for help in what's known as a \"Code 3 cover,\" according to Cortes. That is a call for nearby officers to drop what they're doing, unless they're working an emergency, and head to the scene.\u003c/p>\n\u003cp>Numerous officers responded and detained some of the vehicle's passengers, but one man fled. He was found behind a nearby Walgreens.\u003c/p>\n\u003cp>Two officers shot and killed the man, who died at the scene.\u003c/p>\n\u003cp>It's unclear what prompted the park district officer to call for such a strong response and whether one of the passengers in the car was holding a firearm.\u003c/p>\n\u003cp>The investigation will aim to determine what prompted the officers to open fire, Cortes said. Police have not said if the officers felt threatened or if a gun was found at the scene. And, authorities have not released the name of the man who was killed, as well as the identities of the two officers who shot him.\u003c/p>\n\u003cp>The incident prompted a massive law enforcement response. Along with the Fremont and East Bay Regional Parks District police departments, officers from the Hayward, Union City, Newark and Milpitas police departments arrived on scene, as did the California Highway Patrol.\u003c/p>\n\u003cp>The shooting comes a month after Fremont detectives shot and killed a 16-year-old pregnant girl in Hayward. Police have said that an autopsy showed that the girl, identified as Elena Mondragon of Antioch, was in her third trimester.\u003c/p>\n\u003cp>That March 14 incident began when Fremont police tried to stop a vehicle that Mondragon was in on suspicion of driving a stolen car and armed robbery. When the driver of that car rammed into the detectives' vehicle, they opened fire.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A month earlier, a Fremont officer near Argonaut Way and Mowry Avenue shot and killed 45-year-old Fremont resident Nana Adomako. The officer, identified as James Taylor, was responding to reports that a man attacked employees in a store. The two got involved in a physical struggle and the officer's dog mistakenly bit Taylor. After Adomako allegedly punched Taylor in the head, the officer fired three shots at close range.\u003c/p>\n\n",
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"content": "\u003cp>Protesters rallied in downtown Los Angeles last month in support of 48-year-old Romulo Avelica Gonzalez, a father of four who \u003ca href=\"http://www.scpr.org/news/2017/03/07/69635/attorney-uphill-battle-to-keep-highland-park-dad-i/\">immigration officials arrested\u003c/a> in February.\u003c/p>\n\u003cp>Federal agents pulled him over in Highland Park, about six blocks from where he had taken one of his daughters to school, and while on the way to drop off another daughter.\u003c/p>\n\u003cp>His case made national headlines. A video of the arrest filmed by his sobbing 13-year-old daughter was widely shared on social media. Politicians got involved. Supporters held a fundraiser to help cover his legal expenses. A broad network of activists and supporters, many strangers, came to the family's defense.\u003c/p>\n\u003cp>The keen interest in Avelica's arrest may not have risen\u003cstrong> \u003c/strong>to the level it did two years ago, under President Obama's administration, when his family says immigration agents first came to their home.\u003c/p>\n\u003cp>[contextly_sidebar id=\"h7QZdsx09aV3F9LeMcv27qQGwCGWonIy\"]\u003c/p>\n\u003cp>“In 2015 in September, ICE showed up to my mom’s house,\" said Brenda Avelica, 24, one of her father's older daughters. \"He felt that it was ICE, so he didn’t come out. My dad didn’t come out. And they didn’t have an order to come in. So they didn’t take him that day.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Local U.S. Immigration and Customs Enforcement officials would not comment on any prior attempts to arrest Romulo Avelica Gonzalez. But they did confirm he would have been a priority for arrest even under the Obama administration's guidelines: According to the immigration agency, Avelica had a 2014 deportation order and a minor criminal record, including a DUI dating back to 2009.\u003c/p>\n\u003cp>Brenda Avelica said after the 2015 visit, the family took precautions.\u003c/p>\n\u003cp>“We lived paranoid, like scared,\" she said. \"We didn’t have a gate in the back, so we put in a big gate with a lock. We had one dog, but we got another dog, for guarding purposes … my dad didn’t go to the store by himself after that anymore. Somebody went with him, just to be a witness, or in case something like that was going to happen.”\u003c/p>\n\u003cp>She said it took months before the family relaxed and let down its guard.\u003c/p>\n\u003cp>\"We started living normally again,\" Brenda Avelica said. \"But it was always in the back of our heads. I don't think there was a day that we weren't ... thinking that maybe it could happen.\"\u003c/p>\n\u003ch2>What's Different Now\u003c/h2>\n\u003cp>Many immigrant families with members in the U.S illegally are living with similar fears.\u003c/p>\n\u003cp>Since the Trump administration signed an executive order in January establishing a policy of strict enforcement against unauthorized immigrants, arrests have made frequent headlines. Some immigrants have \u003ca href=\"http://www.scpr.org/news/2017/03/20/69948/fearing-immigration-crackdown-some-go-into-hiding/\">gone into hiding\u003c/a> or are preparing \u003ca href=\"http://www.scpr.org/news/2017/03/21/69950/immigrants-prepare-for-a-day-when-another-might-ha/\">for the day ICE agents show up\u003c/a>. Others contemplate or have taken steps to return to their homeland.\u003c/p>\n\u003cp>Yet for all the felt fear and life-changing decisions families are making, this is not the first time that immigration agents have cracked down on those lacking permission to reside in this country.\u003c/p>\n\u003cp>In the years after the 9/11 terrorist attacks, the George W. Bush administration sent ICE agents to arrest immigrants with outstanding deportation orders. ICE \u003ca href=\"http://www.sandiegouniontribune.com/sdut-1n18immig211029-immigration-agents-casting-their-n-2009jan18-htmlstory.html\">\"fugitive operations\" teams \u003c/a>were sent to people's homes in the early morning hours. On many occasions, bystanders who were not being sought but were in the country illegally were also arrested. ICE called these \u003ca href=\"http://www.migrationpolicy.org/research/ice-fugitive-operations-program\">collateral\u003c/a> arrests.\u003c/p>\n\u003cp>[contextly_sidebar id=\"vURfpyMT3dzLNYPfCVBV7WtmpnUI4H8N\"]\u003c/p>\n\u003cp>More recently, the Obama administration deported record numbers of immigrants. In fiscal years 2012 through 2014, \u003ca href=\"https://www.dhs.gov/immigration-statistics/yearbook/2015/table39\">more than 400,000 deportations\u003c/a> took place each year, according to U.S. Department of Homeland Security statistics. A record 434,015 immigrants were removed from the U.S. in fiscal year 2013.\u003c/p>\n\u003cp>So why does the fear seem heightened in the wake of Trump's election?\u003c/p>\n\u003cp>Doris Meissner, former commissioner of the U.S. Immigration and Naturalization Service under President Clinton, says enforcement policies have gotten stricter. INS preceded the Department of Homeland Security.\u003c/p>\n\u003cp>“The [Trump] guidelines say that everybody who is in the country without a legal status is subject to deportation from the country,\" said Meissner, now a senior policy fellow at the \u003ca href=\"http://www.migrationpolicy.org/\">Migration Policy Institute\u003c/a> in Washington, D.C.\u003c/p>\n\u003cp>She said the Trump executive order rolls back protections initiated in the later Obama years, directing immigration agents to focus on immigrants convicted of serious crimes.\u003c/p>\n\u003cp>She said while those with criminal records remain priority targets under Trump, agents have more discretion to arrest others deemed deportable, even if their sole charge is living in the country without legal status.\u003c/p>\n\u003cp>It's still not clear to what extent deportation numbers could change under Trump's executive order. \"We don't really know how much of a difference it will actually make,\" Meissner said. \"It is too soon to tell.\"\u003c/p>\n\u003cp>What does seem likely, she said, is there will be more collateral arrests than occurred in prior administrations, and more arrests of immigrants living in the U.S. illegally who don’t have criminal records.\u003c/p>\n\u003ch2>Rumors, Rhetoric and Reality\u003c/h2>\n\u003cp>Such arrests essentially return enforcement to where it stood in the late 2000s. But a decade ago, arrests rarely made the national news. Now, cases of an \u003ca href=\"http://www.npr.org/sections/thetwo-way/2017/02/09/514299631/after-years-of-uneventful-check-ins-arizona-woman-is-arrested-faces-deportation\">immigrant suddenly deported\u003c/a> or an arrest of a \u003ca href=\"http://www.scpr.org/news/2017/02/15/69100/worries-heightened-in-socal-after-arrest-of-daca-r/\">Deferred Action for Childhood Arrivals (DACA) participant\u003c/a> granted temporary residency can turn into a cause célèbre.\u003c/p>\n\u003cp>Alex Nogales, director of the media watchdog group National Hispanic Media Coalition, has a theory about why this is.\u003c/p>\n\u003cp>[contextly_sidebar id=\"DZQXOb5HmGTj7ObYu9NNYqZfSG7jeuc8\"]\u003c/p>\n\u003cp>“What is so different now than it was 10 years ago, five years ago? ... [It's] that the talk is out there, day in, day out,\" Nogales said.\u003c/p>\n\u003cp>While past administrations carried out tough enforcement, too, they did not engage in the same harsh rhetoric that Trump has employed since \u003ca href=\"http://www.usatoday.com/videos/news/2015/06/25/29292957/\">his campaign\u003c/a>. His vow to deport millions of undocumented immigrants appealed to his supporters, and that promise is now making its way into his enforcement policies.\u003c/p>\n\u003cp>“You know, when you have that kind of a toxic environment, of course people are going to talk about it. Of course people are going to report on it,\" Nogales said. \"Of course there is going to be a lot more action and activity and fear.”\u003c/p>\n\u003cp>Contributing to the heightened reaction are immigrant advocates who have stepped up their activity in response to Trump's enforcement policies, he said.\u003c/p>\n\u003cp>Some reports of ICE activity that are circulated — not just by advocates but by concerned residents via social media — have turned out to be inaccurate.\u003c/p>\n\u003cp>\"You kind of get this flurry of calls from friends, like, 'I saw on Facebook that there's this checkpoint over here,' \" said Erick Huerta, a Boyle Heights community activist who grew up undocumented in the U.S. and has temporary protection from deportation under DACA.\u003c/p>\n\u003cp>In January, the Coalition for Humane Immigrant Rights of Los Angeles said witnesses told them there were \u003ca href=\"http://www.scpr.org/news/2016/01/08/56716/weekend-immigration-raids-prompting-fear-and-rumor/\">workplace arrests in Chino\u003c/a>. But ICE officials said they made no arrests there on the day cited.\u003c/p>\n\u003cp>ICE agents did announce the \u003ca href=\"http://www.scpr.org/news/2017/02/10/68963/ice-announce-160-arrests-in-socal-as-part-of-surge/\">arrests in Southern California\u003c/a> of about 160 immigrants in February, describing the \"enforcement surge\" as part of the agency's periodic operations. However, reports at the time of ICE checkpoints and random sweeps were dismissed by David Marin, field office director for enforcement and removal operations in the Los Angeles area.\u003c/p>\n\u003cp>[contextly_sidebar id=\"T40DrnHovNTjzMKUj95IZQY1ETlL6MWs\"]\u003c/p>\n\u003cp>Marin called the information \"definitely dangerous and irresponsible because reports like that create a panic, and they put communities and law enforcement at risk,” he said.\u003c/p>\n\u003ch2>Decisions in a Fraught Climate\u003c/h2>\n\u003cp>In this atmosphere, people are basing decisions about their lives on information that may not be true or to their best advantage, said Alejandra Cano, a representative of Mexico's national immigration service, the Instituto Nacional de Migración.\u003c/p>\n\u003cp>Cano, who works at the Mexican Consulate in Los Angeles, has seen the effects of this superheated climate. She coordinates a program through Mexico's immigration service called \"Somos Mexicanos,\" or Spanish for \"We are Mexican.\" The program assists Mexicans who are returning home, both voluntarily and because of deportations.\u003c/p>\n\u003cp>Cano said that since January, 77 Southern California families have sought help to move back to Mexico. Most have U.S.-born children, and seven have already left.\u003c/p>\n\u003cp>Lately, she has seen a marked difference in the reasons people give in explaining why they want to leave the U.S..\u003c/p>\n\u003cp>“Before ... the reason was because they wanted to retire in Mexico,\" Cano said. \"And now, the people feel afraid.”\u003c/p>\n\u003cp>[contextly_sidebar id=\"A6Nge2OXnIIjOpo6VuNABImWek37RAq8\"]\u003c/p>\n\u003cp>Cano said she tries to reason with them. She asks them if they have a criminal record or a deportation order. If they don’t, she tells them there is no cause to rush out of the country.\u003c/p>\n\u003cp>She points out that in the first three months of this year, Mexico has received fewer deportees than in the same period a year ago, when Obama was in office.\u003c/p>\n\u003cp>“The difference now is the message that this administration is sending to everybody, and the fear in everybody,\" Cano said. \"That fear is making people take decisions they shouldn’t take.”\u003c/p>\n\u003cp>One result of the heightened awareness of deportation cases is that those arrested — like Romulo Avelica Gonzalez — are attracting more support than they might have before Trump took office.\u003c/p>\n\u003cp>After Avelica was arrested, administrators at his daughter's school quickly spread the word and immigration activists mobilized an effort to stop his deportation.\u003c/p>\n\u003cp>It has worked so far — Avelica is still in detention, but not yet deported. Lawyers are working to keep him in the country.\u003c/p>\n\u003cp>“I feel like now, with the presidency, I feel like immigration is maybe a little bigger now, and maybe it’s talked about more,\" said Avelica's daughter, Brenda. \"So maybe it is getting more attention now than before.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>She's hoping, with the widespread attention he's been receiving, her father will eventually be released.\u003c/p>\n\n",
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"excerpt": "For all the fear many families are feeling, it's still not clear to what extent deportation numbers could change under Trump’s executive order.",
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"description": "For all the fear many families are feeling, it's still not clear to what extent deportation numbers could change under Trump’s executive order.",
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"nprByline": "\u003cstrong>\u003ca href=\"http://www.scpr.org/about/people/staff/leslie-berestein-rojas\">Leslie Berestein Rojas\u003c/a>\u003cbr>\u003ca href=\"http://www.scpr.org/\">KPCC\u003c/a>\u003c/strong>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Protesters rallied in downtown Los Angeles last month in support of 48-year-old Romulo Avelica Gonzalez, a father of four who \u003ca href=\"http://www.scpr.org/news/2017/03/07/69635/attorney-uphill-battle-to-keep-highland-park-dad-i/\">immigration officials arrested\u003c/a> in February.\u003c/p>\n\u003cp>Federal agents pulled him over in Highland Park, about six blocks from where he had taken one of his daughters to school, and while on the way to drop off another daughter.\u003c/p>\n\u003cp>His case made national headlines. A video of the arrest filmed by his sobbing 13-year-old daughter was widely shared on social media. Politicians got involved. Supporters held a fundraiser to help cover his legal expenses. A broad network of activists and supporters, many strangers, came to the family's defense.\u003c/p>\n\u003cp>The keen interest in Avelica's arrest may not have risen\u003cstrong> \u003c/strong>to the level it did two years ago, under President Obama's administration, when his family says immigration agents first came to their home.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“In 2015 in September, ICE showed up to my mom’s house,\" said Brenda Avelica, 24, one of her father's older daughters. \"He felt that it was ICE, so he didn’t come out. My dad didn’t come out. And they didn’t have an order to come in. So they didn’t take him that day.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Local U.S. Immigration and Customs Enforcement officials would not comment on any prior attempts to arrest Romulo Avelica Gonzalez. But they did confirm he would have been a priority for arrest even under the Obama administration's guidelines: According to the immigration agency, Avelica had a 2014 deportation order and a minor criminal record, including a DUI dating back to 2009.\u003c/p>\n\u003cp>Brenda Avelica said after the 2015 visit, the family took precautions.\u003c/p>\n\u003cp>“We lived paranoid, like scared,\" she said. \"We didn’t have a gate in the back, so we put in a big gate with a lock. We had one dog, but we got another dog, for guarding purposes … my dad didn’t go to the store by himself after that anymore. Somebody went with him, just to be a witness, or in case something like that was going to happen.”\u003c/p>\n\u003cp>She said it took months before the family relaxed and let down its guard.\u003c/p>\n\u003cp>\"We started living normally again,\" Brenda Avelica said. \"But it was always in the back of our heads. I don't think there was a day that we weren't ... thinking that maybe it could happen.\"\u003c/p>\n\u003ch2>What's Different Now\u003c/h2>\n\u003cp>Many immigrant families with members in the U.S illegally are living with similar fears.\u003c/p>\n\u003cp>Since the Trump administration signed an executive order in January establishing a policy of strict enforcement against unauthorized immigrants, arrests have made frequent headlines. Some immigrants have \u003ca href=\"http://www.scpr.org/news/2017/03/20/69948/fearing-immigration-crackdown-some-go-into-hiding/\">gone into hiding\u003c/a> or are preparing \u003ca href=\"http://www.scpr.org/news/2017/03/21/69950/immigrants-prepare-for-a-day-when-another-might-ha/\">for the day ICE agents show up\u003c/a>. Others contemplate or have taken steps to return to their homeland.\u003c/p>\n\u003cp>Yet for all the felt fear and life-changing decisions families are making, this is not the first time that immigration agents have cracked down on those lacking permission to reside in this country.\u003c/p>\n\u003cp>In the years after the 9/11 terrorist attacks, the George W. Bush administration sent ICE agents to arrest immigrants with outstanding deportation orders. ICE \u003ca href=\"http://www.sandiegouniontribune.com/sdut-1n18immig211029-immigration-agents-casting-their-n-2009jan18-htmlstory.html\">\"fugitive operations\" teams \u003c/a>were sent to people's homes in the early morning hours. On many occasions, bystanders who were not being sought but were in the country illegally were also arrested. ICE called these \u003ca href=\"http://www.migrationpolicy.org/research/ice-fugitive-operations-program\">collateral\u003c/a> arrests.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>More recently, the Obama administration deported record numbers of immigrants. In fiscal years 2012 through 2014, \u003ca href=\"https://www.dhs.gov/immigration-statistics/yearbook/2015/table39\">more than 400,000 deportations\u003c/a> took place each year, according to U.S. Department of Homeland Security statistics. A record 434,015 immigrants were removed from the U.S. in fiscal year 2013.\u003c/p>\n\u003cp>So why does the fear seem heightened in the wake of Trump's election?\u003c/p>\n\u003cp>Doris Meissner, former commissioner of the U.S. Immigration and Naturalization Service under President Clinton, says enforcement policies have gotten stricter. INS preceded the Department of Homeland Security.\u003c/p>\n\u003cp>“The [Trump] guidelines say that everybody who is in the country without a legal status is subject to deportation from the country,\" said Meissner, now a senior policy fellow at the \u003ca href=\"http://www.migrationpolicy.org/\">Migration Policy Institute\u003c/a> in Washington, D.C.\u003c/p>\n\u003cp>She said the Trump executive order rolls back protections initiated in the later Obama years, directing immigration agents to focus on immigrants convicted of serious crimes.\u003c/p>\n\u003cp>She said while those with criminal records remain priority targets under Trump, agents have more discretion to arrest others deemed deportable, even if their sole charge is living in the country without legal status.\u003c/p>\n\u003cp>It's still not clear to what extent deportation numbers could change under Trump's executive order. \"We don't really know how much of a difference it will actually make,\" Meissner said. \"It is too soon to tell.\"\u003c/p>\n\u003cp>What does seem likely, she said, is there will be more collateral arrests than occurred in prior administrations, and more arrests of immigrants living in the U.S. illegally who don’t have criminal records.\u003c/p>\n\u003ch2>Rumors, Rhetoric and Reality\u003c/h2>\n\u003cp>Such arrests essentially return enforcement to where it stood in the late 2000s. But a decade ago, arrests rarely made the national news. Now, cases of an \u003ca href=\"http://www.npr.org/sections/thetwo-way/2017/02/09/514299631/after-years-of-uneventful-check-ins-arizona-woman-is-arrested-faces-deportation\">immigrant suddenly deported\u003c/a> or an arrest of a \u003ca href=\"http://www.scpr.org/news/2017/02/15/69100/worries-heightened-in-socal-after-arrest-of-daca-r/\">Deferred Action for Childhood Arrivals (DACA) participant\u003c/a> granted temporary residency can turn into a cause célèbre.\u003c/p>\n\u003cp>Alex Nogales, director of the media watchdog group National Hispanic Media Coalition, has a theory about why this is.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“What is so different now than it was 10 years ago, five years ago? ... [It's] that the talk is out there, day in, day out,\" Nogales said.\u003c/p>\n\u003cp>While past administrations carried out tough enforcement, too, they did not engage in the same harsh rhetoric that Trump has employed since \u003ca href=\"http://www.usatoday.com/videos/news/2015/06/25/29292957/\">his campaign\u003c/a>. His vow to deport millions of undocumented immigrants appealed to his supporters, and that promise is now making its way into his enforcement policies.\u003c/p>\n\u003cp>“You know, when you have that kind of a toxic environment, of course people are going to talk about it. Of course people are going to report on it,\" Nogales said. \"Of course there is going to be a lot more action and activity and fear.”\u003c/p>\n\u003cp>Contributing to the heightened reaction are immigrant advocates who have stepped up their activity in response to Trump's enforcement policies, he said.\u003c/p>\n\u003cp>Some reports of ICE activity that are circulated — not just by advocates but by concerned residents via social media — have turned out to be inaccurate.\u003c/p>\n\u003cp>\"You kind of get this flurry of calls from friends, like, 'I saw on Facebook that there's this checkpoint over here,' \" said Erick Huerta, a Boyle Heights community activist who grew up undocumented in the U.S. and has temporary protection from deportation under DACA.\u003c/p>\n\u003cp>In January, the Coalition for Humane Immigrant Rights of Los Angeles said witnesses told them there were \u003ca href=\"http://www.scpr.org/news/2016/01/08/56716/weekend-immigration-raids-prompting-fear-and-rumor/\">workplace arrests in Chino\u003c/a>. But ICE officials said they made no arrests there on the day cited.\u003c/p>\n\u003cp>ICE agents did announce the \u003ca href=\"http://www.scpr.org/news/2017/02/10/68963/ice-announce-160-arrests-in-socal-as-part-of-surge/\">arrests in Southern California\u003c/a> of about 160 immigrants in February, describing the \"enforcement surge\" as part of the agency's periodic operations. However, reports at the time of ICE checkpoints and random sweeps were dismissed by David Marin, field office director for enforcement and removal operations in the Los Angeles area.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Marin called the information \"definitely dangerous and irresponsible because reports like that create a panic, and they put communities and law enforcement at risk,” he said.\u003c/p>\n\u003ch2>Decisions in a Fraught Climate\u003c/h2>\n\u003cp>In this atmosphere, people are basing decisions about their lives on information that may not be true or to their best advantage, said Alejandra Cano, a representative of Mexico's national immigration service, the Instituto Nacional de Migración.\u003c/p>\n\u003cp>Cano, who works at the Mexican Consulate in Los Angeles, has seen the effects of this superheated climate. She coordinates a program through Mexico's immigration service called \"Somos Mexicanos,\" or Spanish for \"We are Mexican.\" The program assists Mexicans who are returning home, both voluntarily and because of deportations.\u003c/p>\n\u003cp>Cano said that since January, 77 Southern California families have sought help to move back to Mexico. Most have U.S.-born children, and seven have already left.\u003c/p>\n\u003cp>Lately, she has seen a marked difference in the reasons people give in explaining why they want to leave the U.S..\u003c/p>\n\u003cp>“Before ... the reason was because they wanted to retire in Mexico,\" Cano said. \"And now, the people feel afraid.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Cano said she tries to reason with them. She asks them if they have a criminal record or a deportation order. If they don’t, she tells them there is no cause to rush out of the country.\u003c/p>\n\u003cp>She points out that in the first three months of this year, Mexico has received fewer deportees than in the same period a year ago, when Obama was in office.\u003c/p>\n\u003cp>“The difference now is the message that this administration is sending to everybody, and the fear in everybody,\" Cano said. \"That fear is making people take decisions they shouldn’t take.”\u003c/p>\n\u003cp>One result of the heightened awareness of deportation cases is that those arrested — like Romulo Avelica Gonzalez — are attracting more support than they might have before Trump took office.\u003c/p>\n\u003cp>After Avelica was arrested, administrators at his daughter's school quickly spread the word and immigration activists mobilized an effort to stop his deportation.\u003c/p>\n\u003cp>It has worked so far — Avelica is still in detention, but not yet deported. Lawyers are working to keep him in the country.\u003c/p>\n\u003cp>“I feel like now, with the presidency, I feel like immigration is maybe a little bigger now, and maybe it’s talked about more,\" said Avelica's daughter, Brenda. \"So maybe it is getting more attention now than before.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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