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"content": "\u003cp>\u003ca href=\"https://vimeo.com/275146772\">Police bodycam footage\u003c/a> released Thursday night at a town hall meeting shows a San Francisco police officer shooting a man in the back during a brief foot chase early Saturday in the city’s North Beach neighborhood.\u003c/p>\n\u003cp>The man -- Oliver Barcenas, 28 -- is being treated at San Francisco General Hospital, which has not released details of his condition. Police say Barcenas was carrying a semi-automatic handgun at the time of the shooting.\u003c/p>\n\u003cp>The incident began just after midnight on June 9 at the corner of Grant Avenue and Vallejo Street, where two uniformed officers on patrol in a marked police vehicle approached a group of four men they believed were drinking in public.\u003c/p>\n\u003cp>One officer approached the group while his partner parked the car.\u003c/p>\n\u003cp>In the bodycam footage, the officer can be heard speaking with the four men about open alcohol containers and saying, \"No one's going anywhere,\" as Barcenas appeared to edge away from the group. The video then shows Barcenas turning and running along Grant Avenue. The officer chases Barcenas on foot.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Police say that as he ran, Barcenas took a Glock .45-caliber handgun from his waist. As the officer dashed past bystanders, he opened fire, and Barcenas fell to the sidewalk.\u003c/p>\n\u003cp>In the video, the officer’s weapon can be heard being discharged twice. Asked by another officer where Barcenas had been wounded, the officer who opened fire says, \"Two shots in the back.\" At another point, the officer reaches down to the wounded and apparently semi-conscious Barcenas and says, \"Dude, are you all right?\"\u003c/p>\n\u003cp>The video shows a chaotic scene in the immediate aftermath of the shooting, with an angry crowd advancing on and cursing the unidentified officer.\u003c/p>\n\u003cfigure id=\"attachment_11675047\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11675047\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/sfpd-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief William Scott at a town hall meeting on the June 9 North Beach shooting. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>There's no evidence in the video that Barcenas pointed his gun toward the officer. \u003ca href=\"https://sanfranciscopolice.org/sites/default/files/Documents/PoliceDocuments/DepartmentGeneralOrders/DGO%205.01%20Use%20of%20Force%20%28Rev.%2012-21-16%29.pdf\"> According to SFPD’s use-of-force policy\u003c/a>\u003cspan style=\"font-weight: 400\">, an officer should use deadly force only “as a last resort when reasonable alternatives have been exhausted or are not feasible to protect the safety of the public and police officers.”\u003c/span>\u003c/p>\n\u003cp>At the town hall, many residents criticized the shooting.\u003c/p>\n\u003cp>“It’s scary for me,” said Theresa Flandrich. “As a mother, and as someone who has lived here for decades in North Beach, I’m really concerned about the shooting.”\u003c/p>\n\u003cp>Wanda Ravernell echoed that sentiment. “A man running away wasn’t posing as much of a problem -- to me -- as the policeman who was shooting him,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11675051\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11675051 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/wanda-at-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Wanda Ravernell, 64, speaks on June 14, 2018, at a town hall about an SFPD officer-involved shooting on June 9. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco Supervisor Aaron Peskin, who represents North Beach, was also in attendance.\u003c/p>\n\u003cp>“Those videos do not look good,” he said.\u003c/p>\n\u003cp>Peskin commended SFPD’s efforts at transparency. “Policing and transparency has changed, and I’m appreciative of that,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11675048\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11675048 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/peskin-at-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Supervisor Aaron Peskin speaks at a North Beach public meeting on an officer-involved shooting on June 9, 2018. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Natalie April, who said she’s a former co-worker of Barcenas, also questioned the officer’s actions.\u003c/p>\n\u003cp>“I just feel like the officer jumped the gun,” she said. “I think he was doing his job, but it looks really bad.”\u003c/p>\n\u003cp>Barcenas was previously shot by police in 2012. Assistant Chief Toney Chaplin -- a sergeant at the time -- shot Barcenas, who was carrying a loaded semi-automatic pistol, three times during a pursuit in the city’s Mission District.\u003c/p>\n\u003cp>\u003ca href=\"https://sfdistrictattorney.org/sites/default/files/FileCenter/Documents/322-14th%20St.%20%26%20Natoma%20St..pdf\"> An investigation\u003c/a> by the San Francisco District Attorney’s Office found that Chaplin acted lawfully in self-defense in that incident.\u003c/p>\n\u003cp>Police have not yet released the name of the officer in Saturday’s shooting, but say they will within 10 days of the incident, per department policy.\u003c/p>\n\u003cp>Barcenas was placed under arrest after the shooting and charged with delaying an officer, carrying a concealed firearm, exhibiting a firearm and being a convicted felon in possession of a firearm.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>SFPD’s homicide detail and internal affairs division, the San Francisco District Attorney’s Office and the city Department of Police Accountability are all investigating the shooting.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Police say that as he ran, Barcenas took a Glock .45-caliber handgun from his waist. As the officer dashed past bystanders, he opened fire, and Barcenas fell to the sidewalk.\u003c/p>\n\u003cp>In the video, the officer’s weapon can be heard being discharged twice. Asked by another officer where Barcenas had been wounded, the officer who opened fire says, \"Two shots in the back.\" At another point, the officer reaches down to the wounded and apparently semi-conscious Barcenas and says, \"Dude, are you all right?\"\u003c/p>\n\u003cp>The video shows a chaotic scene in the immediate aftermath of the shooting, with an angry crowd advancing on and cursing the unidentified officer.\u003c/p>\n\u003cfigure id=\"attachment_11675047\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11675047\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/sfpd-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief William Scott at a town hall meeting on the June 9 North Beach shooting. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>There's no evidence in the video that Barcenas pointed his gun toward the officer. \u003ca href=\"https://sanfranciscopolice.org/sites/default/files/Documents/PoliceDocuments/DepartmentGeneralOrders/DGO%205.01%20Use%20of%20Force%20%28Rev.%2012-21-16%29.pdf\"> According to SFPD’s use-of-force policy\u003c/a>\u003cspan style=\"font-weight: 400\">, an officer should use deadly force only “as a last resort when reasonable alternatives have been exhausted or are not feasible to protect the safety of the public and police officers.”\u003c/span>\u003c/p>\n\u003cp>At the town hall, many residents criticized the shooting.\u003c/p>\n\u003cp>“It’s scary for me,” said Theresa Flandrich. “As a mother, and as someone who has lived here for decades in North Beach, I’m really concerned about the shooting.”\u003c/p>\n\u003cp>Wanda Ravernell echoed that sentiment. “A man running away wasn’t posing as much of a problem -- to me -- as the policeman who was shooting him,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11675051\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11675051 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/wanda-at-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Wanda Ravernell, 64, speaks on June 14, 2018, at a town hall about an SFPD officer-involved shooting on June 9. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco Supervisor Aaron Peskin, who represents North Beach, was also in attendance.\u003c/p>\n\u003cp>“Those videos do not look good,” he said.\u003c/p>\n\u003cp>Peskin commended SFPD’s efforts at transparency. “Policing and transparency has changed, and I’m appreciative of that,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11675048\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11675048 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/peskin-at-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Supervisor Aaron Peskin speaks at a North Beach public meeting on an officer-involved shooting on June 9, 2018. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Natalie April, who said she’s a former co-worker of Barcenas, also questioned the officer’s actions.\u003c/p>\n\u003cp>“I just feel like the officer jumped the gun,” she said. “I think he was doing his job, but it looks really bad.”\u003c/p>\n\u003cp>Barcenas was previously shot by police in 2012. Assistant Chief Toney Chaplin -- a sergeant at the time -- shot Barcenas, who was carrying a loaded semi-automatic pistol, three times during a pursuit in the city’s Mission District.\u003c/p>\n\u003cp>\u003ca href=\"https://sfdistrictattorney.org/sites/default/files/FileCenter/Documents/322-14th%20St.%20%26%20Natoma%20St..pdf\"> An investigation\u003c/a> by the San Francisco District Attorney’s Office found that Chaplin acted lawfully in self-defense in that incident.\u003c/p>\n\u003cp>Police have not yet released the name of the officer in Saturday’s shooting, but say they will within 10 days of the incident, per department policy.\u003c/p>\n\u003cp>Barcenas was placed under arrest after the shooting and charged with delaying an officer, carrying a concealed firearm, exhibiting a firearm and being a convicted felon in possession of a firearm.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>SFPD’s homicide detail and internal affairs division, the San Francisco District Attorney’s Office and the city Department of Police Accountability are all investigating the shooting.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Appellate Court Rules Against S.F. Officers in Racist Texting Case",
"title": "Appellate Court Rules Against S.F. Officers in Racist Texting Case",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>A state appellate court ruled Wednesday against nine San Francisco police officers who sent \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">violently racist text messages\u003c/a>, finding the city can now seek to fire or otherwise discipline them more than three years after some of their \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">texts became public\u003c/a>.\u003c/p>\n\u003cp>\"There is no doubt that the public’s interest in the integrity of SFPD was undermined by the offensive text messages,\" \u003ca href=\"https://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion.html\" target=\"_blank\" rel=\"noopener\">the opinion\u003c/a> by Associate Justice Martin J. Jenkins says. \"The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect.\"\u003c/p>\n\u003cp>The messages refer to black people as \"animals\" and advocate violence against them. They reference \"white power\" and cross burning, among derogatory statements about women and other racial minorities.\u003c/p>\n\u003cp>They were all discovered during searches of former San Francisco Police Department Sgt. \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Ian Furminger\u003c/a>'s cellphone in late 2012, when a joint investigation between federal authorities and SFPD into a cadre of corrupt cops was already underway.\u003c/p>\n\u003cp>Interspersed among the thousands of pages of texts -- some involving a criminal conspiracy to rob defendants, steal property and deal drugs -- were the messages below, first made public in a federal court filing in March 2015.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant/\"]\u003c/p>\n\u003cp>But whether those messages should lead to firing for a police officer was never in dispute. Instead, Officer Rain Daugherty and eight others identified via messages on Furminger's phone \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">argued\u003c/a> in May 2015 that the Police Department had allowed a one-year statute of limitations for investigating police misconduct to lapse. They said SFPD officers investigating Furminger in partnership with the FBI and U.S. Attorney's Office were aware of the texts almost three years earlier.\u003c/p>\n\u003cp>But the Police Department, and \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">later the city\u003c/a>, has consistently argued that the officers participating in that criminal investigation were bound to secrecy by federal investigators, and the statue of limitations should toll -- or pause -- during that criminal investigation and prosecution.\u003c/p>\n\u003cp>An SFPD lieutenant said a federal prosecutor \"actually threatened to charge me if I released any information,\" according to the appellate ruling, \"so I didn't.\"\u003c/p>\n\u003cp>The statue of limitations argument was good enough for former San Francisco Superior Court Judge Ernest Goldsmith, though, who \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in the officers' favor\u003c/a> in late 2015, and \u003ca href=\"http://www.sfexaminer.com/136621-2/\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> soon after that.\u003c/p>\n\u003cp>That ruling kept officers who the city wanted to fire on the payroll for nearly three years -- \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">collecting at least $2 million\u003c/a> in pay, not including benefits, according to the lead deputy city attorney on the case.\u003c/p>\n\u003cp>\"We were derailed by an opinion in the Superior Court that we had to go all the way to the Court of Appeal and argue to reverse,\" Deputy City Attorney Kenneth Walczak said Wednesday evening, after he'd just read the appellate opinion. \"So hopefully we’re on the right track now and headed back to the Police Commission so that these officers can finally face discipline for these appalling text messages.\"\u003c/p>\n\u003cp>In their ruling Wednesday, appellate judges parsed the officers' arguments about the statute of limitations and another provision of state law that pauses that timer when police misconduct in question is the \"subject\" of a criminal investigation.\u003c/p>\n\u003cp>Goldsmith found SFPD officers working with federal investigators had the ability to initiate disciplinary charges for the bigoted text messages, and any argument that those messages were part of a criminal investigation was moot because they didn't end up being part of the prosecution.\u003c/p>\n\u003cp>Appellate judges found Goldsmith's conclusions \"were erroneous as a matter of law or not supported by substantial evidence.\"\u003c/p>\n\u003cp>\"[W]e conclude that respondents' text messaging misconduct was a 'subject' of the criminal investigation and prosecution,\" the opinion says.\u003c/p>\n\u003cblockquote>\u003cp>\"Notably, this was a criminal conspiracy case in which the investigators sought to ascertain the full scope of the conspiracy by identifying persons of interest, gathering information on them, and winnowing the list down as each individual’s involvement became clear. The text messages were a key investigative tool to aid in this effort because the investigators knew that Furminger, the central figure in the corruption scheme, conducted criminal activity via text messaging. Respondents’ text messages were obtained through search warrants of Furminger’s cellphone, and corruption investigators examined the text messages obtained by the search warrants for evidence of Furminger’s relationships, associates and accomplices.\"\u003c/p>\u003c/blockquote>\n\u003cp>The appellate court also cited common sense in its ruling, masked in legal language, of course.\u003c/p>\n\u003cp>\"In interpreting statutory language, 'we may reasonably infer that the legislators intended an interpretation producing practical and workable results rather than one resulting in mischief or absurdity,'\" Jenkins wrote, citing a 2008 state appellate case. \"It would result in mischief to interpret [a section of the Public Safety Officers Procedural Bill of Rights Act] as requiring SFPD to initiate a disciplinary investigation that would have revealed the existence of respondents' text messages and risked compromising the corruption investigation.\"\u003c/p>\n\u003cp>City Attorney Dennis Herrera applauded the ruling.\u003c/p>\n\u003cp>\"We’re very pleased the court found that police officials do not have to compromise a criminal investigation in order to pursue discipline against officers accused of abhorrent behavior,\" Herrera said in a written statement. \"Forcing public officials to choose between the two would have made a mockery of justice.\"\u003c/p>\n\u003cp>The saga of just how difficult it may be to terminate a police officer for explicit racism isn't over yet, though. This legal battle was just to allow San Francisco's Police Commission to hold closed-door hearings, where the officers are entitled to make a case and be represented by their attorneys, who were provided three years ago by their union, the San Francisco Police Officers Association. Once the ruling is finalized, those hearings can go forward.\u003c/p>\n\u003cp>But even before that happens, the officers could appeal again to the California Supreme Court.\u003c/p>\n\u003cp>Alison Berry Wilkinson, who represents Rain Daugherty and is the lead attorney for the other eight officers, said in an emailed response Wednesday that the option for a Supreme Court appeal \"will be evaluated in due course.\"\u003c/p>\n\u003cp>\"This matter may continue to pend without a final resolution for some time,\" she wrote.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[documentcloud url=\"http://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion/\"]\u003c/p>\n\n",
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"excerpt": "'The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect,' Associate Justice Martin J. Jenkins wrote in a ruling that may pave the way to fire or otherwise discipline nine officers who swapped violently racist and bigoted text messages.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A state appellate court ruled Wednesday against nine San Francisco police officers who sent \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">violently racist text messages\u003c/a>, finding the city can now seek to fire or otherwise discipline them more than three years after some of their \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">texts became public\u003c/a>.\u003c/p>\n\u003cp>\"There is no doubt that the public’s interest in the integrity of SFPD was undermined by the offensive text messages,\" \u003ca href=\"https://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion.html\" target=\"_blank\" rel=\"noopener\">the opinion\u003c/a> by Associate Justice Martin J. Jenkins says. \"The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect.\"\u003c/p>\n\u003cp>The messages refer to black people as \"animals\" and advocate violence against them. They reference \"white power\" and cross burning, among derogatory statements about women and other racial minorities.\u003c/p>\n\u003cp>They were all discovered during searches of former San Francisco Police Department Sgt. \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Ian Furminger\u003c/a>'s cellphone in late 2012, when a joint investigation between federal authorities and SFPD into a cadre of corrupt cops was already underway.\u003c/p>\n\u003cp>Interspersed among the thousands of pages of texts -- some involving a criminal conspiracy to rob defendants, steal property and deal drugs -- were the messages below, first made public in a federal court filing in March 2015.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But whether those messages should lead to firing for a police officer was never in dispute. Instead, Officer Rain Daugherty and eight others identified via messages on Furminger's phone \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">argued\u003c/a> in May 2015 that the Police Department had allowed a one-year statute of limitations for investigating police misconduct to lapse. They said SFPD officers investigating Furminger in partnership with the FBI and U.S. Attorney's Office were aware of the texts almost three years earlier.\u003c/p>\n\u003cp>But the Police Department, and \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">later the city\u003c/a>, has consistently argued that the officers participating in that criminal investigation were bound to secrecy by federal investigators, and the statue of limitations should toll -- or pause -- during that criminal investigation and prosecution.\u003c/p>\n\u003cp>An SFPD lieutenant said a federal prosecutor \"actually threatened to charge me if I released any information,\" according to the appellate ruling, \"so I didn't.\"\u003c/p>\n\u003cp>The statue of limitations argument was good enough for former San Francisco Superior Court Judge Ernest Goldsmith, though, who \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in the officers' favor\u003c/a> in late 2015, and \u003ca href=\"http://www.sfexaminer.com/136621-2/\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> soon after that.\u003c/p>\n\u003cp>That ruling kept officers who the city wanted to fire on the payroll for nearly three years -- \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">collecting at least $2 million\u003c/a> in pay, not including benefits, according to the lead deputy city attorney on the case.\u003c/p>\n\u003cp>\"We were derailed by an opinion in the Superior Court that we had to go all the way to the Court of Appeal and argue to reverse,\" Deputy City Attorney Kenneth Walczak said Wednesday evening, after he'd just read the appellate opinion. \"So hopefully we’re on the right track now and headed back to the Police Commission so that these officers can finally face discipline for these appalling text messages.\"\u003c/p>\n\u003cp>In their ruling Wednesday, appellate judges parsed the officers' arguments about the statute of limitations and another provision of state law that pauses that timer when police misconduct in question is the \"subject\" of a criminal investigation.\u003c/p>\n\u003cp>Goldsmith found SFPD officers working with federal investigators had the ability to initiate disciplinary charges for the bigoted text messages, and any argument that those messages were part of a criminal investigation was moot because they didn't end up being part of the prosecution.\u003c/p>\n\u003cp>Appellate judges found Goldsmith's conclusions \"were erroneous as a matter of law or not supported by substantial evidence.\"\u003c/p>\n\u003cp>\"[W]e conclude that respondents' text messaging misconduct was a 'subject' of the criminal investigation and prosecution,\" the opinion says.\u003c/p>\n\u003cblockquote>\u003cp>\"Notably, this was a criminal conspiracy case in which the investigators sought to ascertain the full scope of the conspiracy by identifying persons of interest, gathering information on them, and winnowing the list down as each individual’s involvement became clear. The text messages were a key investigative tool to aid in this effort because the investigators knew that Furminger, the central figure in the corruption scheme, conducted criminal activity via text messaging. Respondents’ text messages were obtained through search warrants of Furminger’s cellphone, and corruption investigators examined the text messages obtained by the search warrants for evidence of Furminger’s relationships, associates and accomplices.\"\u003c/p>\u003c/blockquote>\n\u003cp>The appellate court also cited common sense in its ruling, masked in legal language, of course.\u003c/p>\n\u003cp>\"In interpreting statutory language, 'we may reasonably infer that the legislators intended an interpretation producing practical and workable results rather than one resulting in mischief or absurdity,'\" Jenkins wrote, citing a 2008 state appellate case. \"It would result in mischief to interpret [a section of the Public Safety Officers Procedural Bill of Rights Act] as requiring SFPD to initiate a disciplinary investigation that would have revealed the existence of respondents' text messages and risked compromising the corruption investigation.\"\u003c/p>\n\u003cp>City Attorney Dennis Herrera applauded the ruling.\u003c/p>\n\u003cp>\"We’re very pleased the court found that police officials do not have to compromise a criminal investigation in order to pursue discipline against officers accused of abhorrent behavior,\" Herrera said in a written statement. \"Forcing public officials to choose between the two would have made a mockery of justice.\"\u003c/p>\n\u003cp>The saga of just how difficult it may be to terminate a police officer for explicit racism isn't over yet, though. This legal battle was just to allow San Francisco's Police Commission to hold closed-door hearings, where the officers are entitled to make a case and be represented by their attorneys, who were provided three years ago by their union, the San Francisco Police Officers Association. Once the ruling is finalized, those hearings can go forward.\u003c/p>\n\u003cp>But even before that happens, the officers could appeal again to the California Supreme Court.\u003c/p>\n\u003cp>Alison Berry Wilkinson, who represents Rain Daugherty and is the lead attorney for the other eight officers, said in an emailed response Wednesday that the option for a Supreme Court appeal \"will be evaluated in due course.\"\u003c/p>\n\u003cp>\"This matter may continue to pend without a final resolution for some time,\" she wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\"Don't give my story nonchalantly,\" Gwendolyn Woods pleaded to a bank of television cameras and reporters Tuesday outside San Francisco's Hall of Justice. For nearly 10 minutes, she spoke about how she has been affected by San Francisco District Attorney George Gascón's \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">decision last week\u003c/a> to not criminally charge police officers who fatally shot her son.\u003c/p>\n\u003cp>Gwendolyn Woods doesn't protest weekly, as some people do in the name of Mario Woods. She has given few public statements about how her son's death on Dec. 2, 2015, changed her life, but she did share some of her pain in an \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">in-depth profile\u003c/a> published by the California Sunday Magazine last year.\u003c/p>\n\u003cp>Flanked by her attorney and family members of Luis Góngora -- whose case Gascón also closed last week with no criminal charges -- Gwendolyn Woods started with an attempt to set the record straight.\u003c/p>\n\u003cp>\"I'm not OK with this, Gascón,\" she said. \"You executed him all over again. I’m going to always say this: He was the best of me. People ask. He had empathy, that’s why. If he would have been in that situation, he would have said, 'Let’s try and talk him off a ledge.' No, you guys didn’t. 'Cause you’re so full of hate.\"\u003c/p>\n\u003cp>Woods at times paused, tapping her foot and seeming to hold back tears. Her voice rose to a screech of anger.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>Listen to the Gwendolyn Woods' statement in full below.\u003c/em>\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2018/05/180529GwendolynWoodsFull.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31198_alt_736.jpg\" Title=\"Gwendolyn Woods\" program=\"KQED News\"]\u003c/p>\n\u003cp>\"Why are you policing me in my community and you hate me?\" she said. \"It’ll never turn out well for me. If you’re that scared of me, don’t police me. Because it’s never going to turn out well.\"\u003c/p>\n\u003cp>She said her son had empathy, and he needed empathy from SFPD officers on the day he was shot.\u003c/p>\n\u003cp>Woods, 26, was under the influence of methamphetamine the day he was shot, according to the medical examiner's report on his death. He was wanted for allegedly stabbing a man in San Francisco's Bayview District near where about a dozen police officers confronted and eventually shot him.\u003c/p>\n\u003cp>According to the district attorney's report, citing statements from police officers, Woods said to officers that they would have to shoot him. Those statements are disputed by attorneys representing Gwendolyn Woods.\u003c/p>\n\u003cp>\"I heard ‘em say they had to stop people. They had to stop Mario. No they didn’t, because they just went ballistic with the gun when our babies were coming home from school,\" Gwendolyn Woods said. \"They saw him as nothing or nobody, or that nobody loved him. Let me tell you, I loved that kid and he was worth me fighting for. He was the best of me. Something you all can use on this police force, but you can’t because you’re racist and full of hate: empathy. Mario deserved a little empathy.\"\u003c/p>\n\u003cp>\"I'm so broken,\" she said repeatedly as she walked away from the microphones. \"I'm so broken.\"\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>Cousins and a brother of Luis Gongóra, who was killed about four months after Mario Woods by two SFPD officers in San Francisco's Mission District, also spoke Tuesday in reaction to the district attorney's decision not to file charges in that case. Gascón announced both decisions simultaneously last week.\u003c/p>\n\u003cp>José Góngora Pat, Luis Góngora's brother, said in Spanish that his heart is broken.\u003c/p>\n\u003cp>\"My struggle is against the injustice we share,\" he said. \"I promised my mother I would not rest until I found the way to consequences for those police officers. ... I'm up here crying before you. This is how they hurt us.\"\u003c/p>\n\u003cp>\u003cem>Listen to statements by family members of Luis Góngora below, including Spanish-to-English translation by advocate Adriana Camarena.\u003c/em>\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2018/05/GongoraRaw.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31195_alt_737.jpg\" Title=\"José Góngora Pat\" program=\"KQED News\"]\u003c/p>\n\u003cp>On April 7, 2016, two SFPD officers briskly approached Góngora, who was sitting against a building in the city's Mission District and holding a kitchen knife, after a homeless outreach worker called 911 and reported him waving the knife around and acting erratically.\u003c/p>\n\u003cp>The shooting raised questions, including from former Police Chief Greg Suhr, about whether the officers adhered to SFPD rules enacted in 2013 that encourage fostering \"time and distance\" when confronting suspects armed with knives who may be in psychiatric crisis.\u003c/p>\n\u003cp>The officers moved toward Góngora while shouting commands, and one fired four impact rounds before transitioning to his firearm. The encounter lasted less than 30 seconds.\u003c/p>\n\u003cp>The district attorney's investigation found that Góngora moved approximately 23 feet toward the officers during the encounter, and that he was holding a knife. Góngora had a high level of methamphetamine in his system, according to the medical examiner's report.\u003c/p>\n\u003cp>\"We will prove that they killed an innocent man, a person who never caused harm,\" Góngora's widow, Fidelia del Carmen May Can, said in a statement from Yucatan, Mexico, which was read Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Both Woods' and Góngora's families have filed federal civil rights lawsuits, and those cases are pending.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\"Don't give my story nonchalantly,\" Gwendolyn Woods pleaded to a bank of television cameras and reporters Tuesday outside San Francisco's Hall of Justice. For nearly 10 minutes, she spoke about how she has been affected by San Francisco District Attorney George Gascón's \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">decision last week\u003c/a> to not criminally charge police officers who fatally shot her son.\u003c/p>\n\u003cp>Gwendolyn Woods doesn't protest weekly, as some people do in the name of Mario Woods. She has given few public statements about how her son's death on Dec. 2, 2015, changed her life, but she did share some of her pain in an \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">in-depth profile\u003c/a> published by the California Sunday Magazine last year.\u003c/p>\n\u003cp>Flanked by her attorney and family members of Luis Góngora -- whose case Gascón also closed last week with no criminal charges -- Gwendolyn Woods started with an attempt to set the record straight.\u003c/p>\n\u003cp>\"I'm not OK with this, Gascón,\" she said. \"You executed him all over again. I’m going to always say this: He was the best of me. People ask. He had empathy, that’s why. If he would have been in that situation, he would have said, 'Let’s try and talk him off a ledge.' No, you guys didn’t. 'Cause you’re so full of hate.\"\u003c/p>\n\u003cp>Woods at times paused, tapping her foot and seeming to hold back tears. Her voice rose to a screech of anger.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Why are you policing me in my community and you hate me?\" she said. \"It’ll never turn out well for me. If you’re that scared of me, don’t police me. Because it’s never going to turn out well.\"\u003c/p>\n\u003cp>She said her son had empathy, and he needed empathy from SFPD officers on the day he was shot.\u003c/p>\n\u003cp>Woods, 26, was under the influence of methamphetamine the day he was shot, according to the medical examiner's report on his death. He was wanted for allegedly stabbing a man in San Francisco's Bayview District near where about a dozen police officers confronted and eventually shot him.\u003c/p>\n\u003cp>According to the district attorney's report, citing statements from police officers, Woods said to officers that they would have to shoot him. Those statements are disputed by attorneys representing Gwendolyn Woods.\u003c/p>\n\u003cp>\"I heard ‘em say they had to stop people. They had to stop Mario. No they didn’t, because they just went ballistic with the gun when our babies were coming home from school,\" Gwendolyn Woods said. \"They saw him as nothing or nobody, or that nobody loved him. Let me tell you, I loved that kid and he was worth me fighting for. He was the best of me. Something you all can use on this police force, but you can’t because you’re racist and full of hate: empathy. Mario deserved a little empathy.\"\u003c/p>\n\u003cp>\"I'm so broken,\" she said repeatedly as she walked away from the microphones. \"I'm so broken.\"\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>Cousins and a brother of Luis Gongóra, who was killed about four months after Mario Woods by two SFPD officers in San Francisco's Mission District, also spoke Tuesday in reaction to the district attorney's decision not to file charges in that case. Gascón announced both decisions simultaneously last week.\u003c/p>\n\u003cp>José Góngora Pat, Luis Góngora's brother, said in Spanish that his heart is broken.\u003c/p>\n\u003cp>\"My struggle is against the injustice we share,\" he said. \"I promised my mother I would not rest until I found the way to consequences for those police officers. ... I'm up here crying before you. This is how they hurt us.\"\u003c/p>\n\u003cp>\u003cem>Listen to statements by family members of Luis Góngora below, including Spanish-to-English translation by advocate Adriana Camarena.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On April 7, 2016, two SFPD officers briskly approached Góngora, who was sitting against a building in the city's Mission District and holding a kitchen knife, after a homeless outreach worker called 911 and reported him waving the knife around and acting erratically.\u003c/p>\n\u003cp>The shooting raised questions, including from former Police Chief Greg Suhr, about whether the officers adhered to SFPD rules enacted in 2013 that encourage fostering \"time and distance\" when confronting suspects armed with knives who may be in psychiatric crisis.\u003c/p>\n\u003cp>The officers moved toward Góngora while shouting commands, and one fired four impact rounds before transitioning to his firearm. The encounter lasted less than 30 seconds.\u003c/p>\n\u003cp>The district attorney's investigation found that Góngora moved approximately 23 feet toward the officers during the encounter, and that he was holding a knife. Góngora had a high level of methamphetamine in his system, according to the medical examiner's report.\u003c/p>\n\u003cp>\"We will prove that they killed an innocent man, a person who never caused harm,\" Góngora's widow, Fidelia del Carmen May Can, said in a statement from Yucatan, Mexico, which was read Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Both Woods' and Góngora's families have filed federal civil rights lawsuits, and those cases are pending.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated Thursday, 4:30 p.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón announced Thursday his office will not file criminal charges against police officers involved in two fatal shootings that were responsible in part for forcing the resignation of former Police Chief Greg Suhr and prompting a sweeping Police Department reform effort.\u003c/p>\n\u003cp>In an interview Wednesday, Gascón called the SFPD shootings of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> and \u003ca href=\"https://www.kqed.org/news/tag/luis-gongora\" target=\"_blank\" rel=\"noopener\">Luis Góngora\u003c/a> “disturbing” and “unnecessary.”\u003c/p>\n\u003cp>“To the Woods family and the Góngora family, there are not enough words that I can say that are going to bring their loved one back,” Gascón said. “And all I can say with a tremendous amount of sorrow is that I’m very sorry. I’m very sorry that they lost a son, they lost a brother, a friend, because I don’t believe that that was necessary.”\u003c/p>\n\u003cp>But Gascón said the legal standard for criminally charging police officers for on-duty use of force makes it impossible to file charges in either case. He said changing that legal standard would likely prevent similar shootings.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gascón is the only California district attorney in support of \u003ca href=\"https://www.kqed.org/news/11659697/bill-would-change-when-california-cops-can-use-deadly-force\" target=\"_blank\" rel=\"noopener\">AB 931, pending legislation\u003c/a> that would change the legal standard for police use of deadly force from “reasonable” to “necessary.”\u003c/p>\n\u003cp>“The law should be changed, but the law does not in and of itself prevent these prosecutions from taking place,” civil rights attorney Adante Pointer said Thursday after Gascón’s charging decision was made public. “We don’t think that it was reasonable to fire 21 shots at Mario Woods or seven shots at Luis Góngora Pat. That’s unreasonable.”\u003c/p>\n\u003cp>Here are summaries of the Woods and Góngora cases and the district attorney’s findings:\u003c/p>\n\u003cp>\u003cstrong>Mario Woods\u003c/strong>\u003c/p>\n\u003cp>Bystander video captured the death of Mario Woods on the afternoon of Dec. 2, 2015, from multiple angles. By evening, videos were spreading online and sending a shudder through city leadership that would spawn a \u003ca href=\"https://www.kqed.org/news/10851435\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of the Police Department and a complete \u003ca href=\"https://www.kqed.org/news/10999007\" target=\"_blank\" rel=\"noopener\">rewriting\u003c/a> of its rules governing officers’ use of force.\u003c/p>\n\u003cp>According to the district attorney’s account released Thursday, two officers patrolling the city’s Bayview neighborhood on that Wednesday afternoon were on the lookout for a man suspected of stabbing another man during a street confrontation. They spotted Woods, who police said matched witnesses’ description of the suspect, near a bus stop just off Third Street.\u003c/p>\n\u003cp>“Officer [Charles] August made initial contact with Woods, who immediately brandished a knife and started walking away,” the report says. “Officer August reported that he repeatedly told Woods to drop the knife, and Woods was ‘yellin’ back’ at him: ‘You’re gonna have to fuckin’ shoot me.’ ”\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2:2PACX-1vSlaNRw-mQjxRlKnnGNJqlE97gQe1iTdq0aXgx4iyNCKnlJ06oiy5qNh4y6Rk8VWA&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\u003cp>Officer Brandon Thompson broadcast on police radio that Woods had a knife and was “coming at my partner.” He requested backup and for officers to bring a “less lethal” weapon that fires beanbag rounds.\u003c/p>\n\u003cp>Approximately nine officers with guns drawn formed a semicircle around Woods as he backed up against a building on Keith Street, just off Third Street.\u003c/p>\n\u003cp>Officers fired six impact rounds at Woods and pepper-sprayed him, the report says, but neither measure had much effect and Woods continued to hold a 4.5-inch serrated knife.\u003c/p>\n\u003cp>Dispatch recordings captured some of the discussion of the incident in real time. A supervisor, Sgt. Hugh Hall, ordered officers to fire impact rounds at Woods.\u003c/p>\n\u003cp>“Sgt. Hall then said, ‘Time and distance, time and distance,'” according to the district attorney’s report — a reference to an \u003ca href=\"https://www.scribd.com/document/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\" rel=\"noopener\">SFPD policy\u003c/a> dating back to 2013 that encourages officers to wait out people armed with an edged weapon who may not be a danger to anyone but themselves.\u003c/p>\n\u003cp>“Officer Thompson reported that [the impact rounds] had been deployed four times but Woods was ‘refusing to drop the knife,'” the report says.\u003c/p>\n\u003cp>When Woods started to walk north toward a group of bystanders, “the standoff escalated,” the report says. August walked backward and into Woods’ path.\u003c/p>\n\u003cp>“Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,” the report says. “According to August, Woods never raised his voice, but kept repeating, ‘You’re gonna have to shoot me.'”\u003c/p>\n\u003cp>August fired five times. “Officer August did not believe he could have done anything differently,” the report says.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife and lunge at an officer. A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods’ hand did not raise until after he was shot and began to fall backward.\u003c/p>\n\u003cp>https://youtu.be/ij5TZuohoRg\u003c/p>\n\u003cp>Gascón said Suhr’s statements did not negatively impact his office’s investigation.\u003c/p>\n\u003cp>“Obviously that was inaccurate,” Gascón said. “It didn’t impact our investigation one way or another, but I think it impacted the community’s view of the credibility of the police chief at the time.”\u003c/p>\n\u003cp>Four officers besides August opened fire during the incident. All told, police fired 26 rounds at Woods, who was hit 20 times, according to an autopsy.\u003c/p>\n\u003cp>The district attorney’s report says investigators with the DA’s Independent Investigations Bureau were unable to identify every officer who was on the scene “because most SFPD officers we contacted refused to cooperate with IIB’s investigation.” The DA’s bureau has been \u003ca href=\"https://www.kqed.org/news/11331921/s-f-das-effort-to-take-lead-in-police-shooting-cases-stalls-as-officers-union-seeks-negotiation\" target=\"_blank\" rel=\"noopener\">poised for over a year\u003c/a> to take a lead role in police shooting cases, which are currently led by the Police Department’s homicide division, but the final agreement on that change has stalled in negotiations with the officers union.\u003c/p>\n\u003cp>Several of the officers referenced “the 21-foot rule” as a reason they fired when Woods got too close to August. That’s based on a belief that an adult male armed with a knife can cover about 21 feet in the time it takes an officer to draw a gun and fire. SFPD does not teach the theory as a “rule,” but does generally instruct officers that suspects armed with knives can cover a lot of distance in a short time, according to the district attorney’s report.\u003c/p>\n\u003cp>Attorney Adante Pointer, who represents Mario Woods’ mother, said Woods didn’t say any of the things he’s quoted as saying in the district attorney’s report.\u003c/p>\n\u003cp>“Mario Woods never threatened a single officer on that scene by saying anything,” Pointer said. “He didn’t make any suicidal statements to them, nor did he make any type of homicidal statements to them. He never lunged at anybody with a knife. He never threw the knife at anyone. He didn’t do so much as curse at those officers. So what we’re talking about here is a case where simple possession turns into a death sentence. It’s a comply or die mentality.”\u003c/p>\n\u003cp>An SFPD training sergeant, Steven Pomatto, found that all of the officers acted in accordance with their training, and an independent use-of-force expert retained by the district attorney’s office found the officers followed national standards for use of force.\u003c/p>\n\u003cp>“Though he believed that the officers acted in accordance with their training, Sgt. Pomatto would have preferred it if the officers had been able to take cover, but explained that the presence of bystanders may have caused the officers to create a tight perimeter around Woods,” the report says. “Sgt. Pomatto also said the officers’ tight semicircle increased the risk of cross-fire — i.e., officers hitting each other when they fired. The current training curriculum emphasizes more supervisory scene control with sergeants directing officers into position and handling crowd control.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examination\u003c/a> of Woods’ body found an intoxicating level of methamphetamine in his system. The DA’s report includes a forensic toxicologist’s statement that the presence of methamphetamine may explain why Woods did not react to the impact rounds or pepper spray that officers used before he was shot.\u003c/p>\n\u003cp>“At the point at which the officers fired, Woods was less than eight feet away from Officer August,” the report says. “At this distance, it was not unreasonable to believe that Woods posed an imminent threat of serious bodily injury to Officer August, even though Woods was not lunging towards or attempting to stab Officer August.”\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>After the Woods shooting, Mayor Ed Lee and Police Chief Suhr each \u003ca href=\"https://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds/\" target=\"_blank\" rel=\"noopener\">announced “a comprehensive review”\u003c/a> of the SFPD’s use-of-force policies — including consultation with the federal agencies. A \u003ca href=\"https://ww2.kqed.org/news/2016/01/21/dramatic-divide-between-cops-protesters-at-s-f-police-commission-meeting/\" target=\"_blank\" rel=\"noopener\">heated debate\u003c/a> was playing out over what would become the Police Department’s new use-of-force policy.\u003c/p>\n\u003cp>On the morning of April 7, 2016, two SFPD officers responded to a Mission District street after a homeless outreach worker called to report a man acting erratically and waving a large knife.\u003c/p>\n\u003cp>The San Francisco Homeless Outreach Team member who called police reported that she was reluctant to do so and would later struggle with the decision, according to the district attorney’s report.\u003c/p>\n\u003cp>“[S]he has been traumatized by this incident and feels responsible because she was the one who called 911,” the report says.\u003c/p>\n\u003cp>SFPD Officer Michael Mellone and Sgt. Nate Steger first contacted Góngora just after 10 a.m. as he was sitting with his back against a PG&E building on Shotwell Street, holding a knife. They were soon joined by Officer Esteban Perez.\u003c/p>\n\u003cp>Steger and Mellone approached Góngora, ordering him to drop the knife. Mellone can be seen on surveillance video originally published by the San Francisco Chronicle pointing a shotgun that fires impact rounds, and Steger drew his firearm to provide cover to Mellone, according to the officers’ statements in the district attorney’s report. Perez repeated the commands to drop the knife in Spanish, according to the report.\u003c/p>\n\u003cp>At one point, Mellone broadcast that the suspect “just dropped the knife,” but Góngora almost immediately picked it back up, according to the report, which cites all three officers’ statements and several civilian witness accounts.\u003c/p>\n\u003cp>About 22 seconds elapsed between the officers’ initial contact with Góngora and the gunshots that would kill him, according to the report and the surveillance video, which captures the officers but does not show Góngora’s actions because he was outside the camera’s frame.\u003c/p>\n\u003cp>Mellone fired four beanbag rounds from the impact weapon. The rounds hit Góngora as he was seated and starting to stand, according to Mellone’s statement in the district attorney’s report.\u003c/p>\n\u003cp>“Officer Mellone said he was stunned by how ineffective the beanbags were,” the report says.\u003c/p>\n\u003cp>After he stood, Góngora took a couple of steps, then turned and ran toward Steger, according to the officers’ statements and multiple civilian witnesses.\u003c/p>\n\u003cp>“Because he was ‘scared’ that Góngora was going to kill him, Sergeant Steger fired his gun at Góngora’s torso as Góngora got within approximately eight to ten feet,” the report says.”Góngora continued to advance toward him, so Sergeant Steger backed away and fired additional rounds, including a shot to Góngora’s head. Sergeant Steger felt he had no choice but to use deadly force.”\u003c/p>\n\u003cp>Mellone transitioned from the impact shotgun to his firearm and also shot at Góngora. Perez did not fire his weapon.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.kqed.org/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released\" target=\"_blank\" rel=\"noopener\">autopsy\u003c/a> found Góngora was shot six times, including once in the head. He was pronounced dead at the hospital later that day. A city forensic toxicologist found that “Góngora’s methamphetamine level was high enough to kill or hospitalize a non-habitual user,” according to the district attorney’s report.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/10922766/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\" rel=\"noopener\">Witnesses\u003c/a> who lived in a cluster of tents on Shotwell Street said on the day of the shooting that Góngora was not holding the knife when he was shot, and that they believed it was tucked into his belt. The district attorney’s investigation found that those accounts did not match the physical evidence, including the discovery of the knife near Góngora’s body, and other witness accounts of the knife still being in his hand immediately after he was shot. The district attorney’s report found that Góngora had traveled about 23 feet toward Steger during the short encounter, based on his initial position and where he fell after he was shot.\u003c/p>\n\u003cp>The district attorney’s report on the Góngora shooting appears more critical of officers’ tactics than the report on the shooting of Woods. It says, “[T]his evaluation \u003cstrong>does not\u003c/strong> address issues such as whether officers used appropriate crisis intervention tactics or issues related to civil liability.” (Emphasis in original document.)\u003c/p>\n\u003cp>In an interview Wednesday, Gascón was more straightforward.\u003c/p>\n\u003cp>“The whole concept of time and distance never really played a role” in the Góngora shooting, Gascón said. “The question for me is not the last 10, 15 seconds of the incident. The question for me is was that necessary? Do we have to push ourselves to get to that point. Everything happened in 22 seconds.”\u003c/p>\n\u003cp>Suhr, who wrote the initial policy that required SFPD officers to create “time and distance,” made similar statements in the days following Góngora’s death.\u003c/p>\n\u003cp>“I’ve been talking time and distance and de-escalation — that’s pretty much all I’ve been talking about all of 2016,” Suhr said a week after the shooting. “So there’ll be a lot of questions about tactics on why that didn’t happen.”\u003c/p>\n\u003cp>Góngora’s death escalated pressure for Suhr’s ouster, including the launch of a 17-day hunger strike outside Mission Station. \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr resigned\u003c/a> on May 19, 2016, hours after the fatal police shooting of Jessica Williams on a Bayview District street.\u003c/p>\n\u003cp>\u003cstrong>‘Reasonable’ Versus ‘Necessary’\u003c/strong>\u003c/p>\n\u003cp>Gascón said he supports AB 931 — the legislation changing the legal standard for police use of force — because it would allow consideration of alternatives to deadly force when making charging decisions about police shootings.\u003c/p>\n\u003cp>More important, Gascón said, changing the legal standard would force police departments to alter training and use-of-force policies and would prevent many shootings.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I don’t believe that we want to live in a society where we take human life so lightly that we’re willing to take it just because we can,” he said.\u003c/p>\n\n",
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"excerpt": "San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges. ",
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"title": "No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform | KQED",
"description": "San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Thursday, 4:30 p.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón announced Thursday his office will not file criminal charges against police officers involved in two fatal shootings that were responsible in part for forcing the resignation of former Police Chief Greg Suhr and prompting a sweeping Police Department reform effort.\u003c/p>\n\u003cp>In an interview Wednesday, Gascón called the SFPD shootings of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> and \u003ca href=\"https://www.kqed.org/news/tag/luis-gongora\" target=\"_blank\" rel=\"noopener\">Luis Góngora\u003c/a> “disturbing” and “unnecessary.”\u003c/p>\n\u003cp>“To the Woods family and the Góngora family, there are not enough words that I can say that are going to bring their loved one back,” Gascón said. “And all I can say with a tremendous amount of sorrow is that I’m very sorry. I’m very sorry that they lost a son, they lost a brother, a friend, because I don’t believe that that was necessary.”\u003c/p>\n\u003cp>But Gascón said the legal standard for criminally charging police officers for on-duty use of force makes it impossible to file charges in either case. He said changing that legal standard would likely prevent similar shootings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gascón is the only California district attorney in support of \u003ca href=\"https://www.kqed.org/news/11659697/bill-would-change-when-california-cops-can-use-deadly-force\" target=\"_blank\" rel=\"noopener\">AB 931, pending legislation\u003c/a> that would change the legal standard for police use of deadly force from “reasonable” to “necessary.”\u003c/p>\n\u003cp>“The law should be changed, but the law does not in and of itself prevent these prosecutions from taking place,” civil rights attorney Adante Pointer said Thursday after Gascón’s charging decision was made public. “We don’t think that it was reasonable to fire 21 shots at Mario Woods or seven shots at Luis Góngora Pat. That’s unreasonable.”\u003c/p>\n\u003cp>Here are summaries of the Woods and Góngora cases and the district attorney’s findings:\u003c/p>\n\u003cp>\u003cstrong>Mario Woods\u003c/strong>\u003c/p>\n\u003cp>Bystander video captured the death of Mario Woods on the afternoon of Dec. 2, 2015, from multiple angles. By evening, videos were spreading online and sending a shudder through city leadership that would spawn a \u003ca href=\"https://www.kqed.org/news/10851435\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of the Police Department and a complete \u003ca href=\"https://www.kqed.org/news/10999007\" target=\"_blank\" rel=\"noopener\">rewriting\u003c/a> of its rules governing officers’ use of force.\u003c/p>\n\u003cp>According to the district attorney’s account released Thursday, two officers patrolling the city’s Bayview neighborhood on that Wednesday afternoon were on the lookout for a man suspected of stabbing another man during a street confrontation. They spotted Woods, who police said matched witnesses’ description of the suspect, near a bus stop just off Third Street.\u003c/p>\n\u003cp>“Officer [Charles] August made initial contact with Woods, who immediately brandished a knife and started walking away,” the report says. “Officer August reported that he repeatedly told Woods to drop the knife, and Woods was ‘yellin’ back’ at him: ‘You’re gonna have to fuckin’ shoot me.’ ”\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2:2PACX-1vSlaNRw-mQjxRlKnnGNJqlE97gQe1iTdq0aXgx4iyNCKnlJ06oiy5qNh4y6Rk8VWA&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\u003cp>Officer Brandon Thompson broadcast on police radio that Woods had a knife and was “coming at my partner.” He requested backup and for officers to bring a “less lethal” weapon that fires beanbag rounds.\u003c/p>\n\u003cp>Approximately nine officers with guns drawn formed a semicircle around Woods as he backed up against a building on Keith Street, just off Third Street.\u003c/p>\n\u003cp>Officers fired six impact rounds at Woods and pepper-sprayed him, the report says, but neither measure had much effect and Woods continued to hold a 4.5-inch serrated knife.\u003c/p>\n\u003cp>Dispatch recordings captured some of the discussion of the incident in real time. A supervisor, Sgt. Hugh Hall, ordered officers to fire impact rounds at Woods.\u003c/p>\n\u003cp>“Sgt. Hall then said, ‘Time and distance, time and distance,'” according to the district attorney’s report — a reference to an \u003ca href=\"https://www.scribd.com/document/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\" rel=\"noopener\">SFPD policy\u003c/a> dating back to 2013 that encourages officers to wait out people armed with an edged weapon who may not be a danger to anyone but themselves.\u003c/p>\n\u003cp>“Officer Thompson reported that [the impact rounds] had been deployed four times but Woods was ‘refusing to drop the knife,'” the report says.\u003c/p>\n\u003cp>When Woods started to walk north toward a group of bystanders, “the standoff escalated,” the report says. August walked backward and into Woods’ path.\u003c/p>\n\u003cp>“Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,” the report says. “According to August, Woods never raised his voice, but kept repeating, ‘You’re gonna have to shoot me.'”\u003c/p>\n\u003cp>August fired five times. “Officer August did not believe he could have done anything differently,” the report says.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife and lunge at an officer. A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods’ hand did not raise until after he was shot and began to fall backward.\u003c/p>\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/ij5TZuohoRg'\n title='//www.youtube.com/embed/ij5TZuohoRg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Gascón said Suhr’s statements did not negatively impact his office’s investigation.\u003c/p>\n\u003cp>“Obviously that was inaccurate,” Gascón said. “It didn’t impact our investigation one way or another, but I think it impacted the community’s view of the credibility of the police chief at the time.”\u003c/p>\n\u003cp>Four officers besides August opened fire during the incident. All told, police fired 26 rounds at Woods, who was hit 20 times, according to an autopsy.\u003c/p>\n\u003cp>The district attorney’s report says investigators with the DA’s Independent Investigations Bureau were unable to identify every officer who was on the scene “because most SFPD officers we contacted refused to cooperate with IIB’s investigation.” The DA’s bureau has been \u003ca href=\"https://www.kqed.org/news/11331921/s-f-das-effort-to-take-lead-in-police-shooting-cases-stalls-as-officers-union-seeks-negotiation\" target=\"_blank\" rel=\"noopener\">poised for over a year\u003c/a> to take a lead role in police shooting cases, which are currently led by the Police Department’s homicide division, but the final agreement on that change has stalled in negotiations with the officers union.\u003c/p>\n\u003cp>Several of the officers referenced “the 21-foot rule” as a reason they fired when Woods got too close to August. That’s based on a belief that an adult male armed with a knife can cover about 21 feet in the time it takes an officer to draw a gun and fire. SFPD does not teach the theory as a “rule,” but does generally instruct officers that suspects armed with knives can cover a lot of distance in a short time, according to the district attorney’s report.\u003c/p>\n\u003cp>Attorney Adante Pointer, who represents Mario Woods’ mother, said Woods didn’t say any of the things he’s quoted as saying in the district attorney’s report.\u003c/p>\n\u003cp>“Mario Woods never threatened a single officer on that scene by saying anything,” Pointer said. “He didn’t make any suicidal statements to them, nor did he make any type of homicidal statements to them. He never lunged at anybody with a knife. He never threw the knife at anyone. He didn’t do so much as curse at those officers. So what we’re talking about here is a case where simple possession turns into a death sentence. It’s a comply or die mentality.”\u003c/p>\n\u003cp>An SFPD training sergeant, Steven Pomatto, found that all of the officers acted in accordance with their training, and an independent use-of-force expert retained by the district attorney’s office found the officers followed national standards for use of force.\u003c/p>\n\u003cp>“Though he believed that the officers acted in accordance with their training, Sgt. Pomatto would have preferred it if the officers had been able to take cover, but explained that the presence of bystanders may have caused the officers to create a tight perimeter around Woods,” the report says. “Sgt. Pomatto also said the officers’ tight semicircle increased the risk of cross-fire — i.e., officers hitting each other when they fired. The current training curriculum emphasizes more supervisory scene control with sergeants directing officers into position and handling crowd control.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examination\u003c/a> of Woods’ body found an intoxicating level of methamphetamine in his system. The DA’s report includes a forensic toxicologist’s statement that the presence of methamphetamine may explain why Woods did not react to the impact rounds or pepper spray that officers used before he was shot.\u003c/p>\n\u003cp>“At the point at which the officers fired, Woods was less than eight feet away from Officer August,” the report says. “At this distance, it was not unreasonable to believe that Woods posed an imminent threat of serious bodily injury to Officer August, even though Woods was not lunging towards or attempting to stab Officer August.”\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>After the Woods shooting, Mayor Ed Lee and Police Chief Suhr each \u003ca href=\"https://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds/\" target=\"_blank\" rel=\"noopener\">announced “a comprehensive review”\u003c/a> of the SFPD’s use-of-force policies — including consultation with the federal agencies. A \u003ca href=\"https://ww2.kqed.org/news/2016/01/21/dramatic-divide-between-cops-protesters-at-s-f-police-commission-meeting/\" target=\"_blank\" rel=\"noopener\">heated debate\u003c/a> was playing out over what would become the Police Department’s new use-of-force policy.\u003c/p>\n\u003cp>On the morning of April 7, 2016, two SFPD officers responded to a Mission District street after a homeless outreach worker called to report a man acting erratically and waving a large knife.\u003c/p>\n\u003cp>The San Francisco Homeless Outreach Team member who called police reported that she was reluctant to do so and would later struggle with the decision, according to the district attorney’s report.\u003c/p>\n\u003cp>“[S]he has been traumatized by this incident and feels responsible because she was the one who called 911,” the report says.\u003c/p>\n\u003cp>SFPD Officer Michael Mellone and Sgt. Nate Steger first contacted Góngora just after 10 a.m. as he was sitting with his back against a PG&E building on Shotwell Street, holding a knife. They were soon joined by Officer Esteban Perez.\u003c/p>\n\u003cp>Steger and Mellone approached Góngora, ordering him to drop the knife. Mellone can be seen on surveillance video originally published by the San Francisco Chronicle pointing a shotgun that fires impact rounds, and Steger drew his firearm to provide cover to Mellone, according to the officers’ statements in the district attorney’s report. Perez repeated the commands to drop the knife in Spanish, according to the report.\u003c/p>\n\u003cp>At one point, Mellone broadcast that the suspect “just dropped the knife,” but Góngora almost immediately picked it back up, according to the report, which cites all three officers’ statements and several civilian witness accounts.\u003c/p>\n\u003cp>About 22 seconds elapsed between the officers’ initial contact with Góngora and the gunshots that would kill him, according to the report and the surveillance video, which captures the officers but does not show Góngora’s actions because he was outside the camera’s frame.\u003c/p>\n\u003cp>Mellone fired four beanbag rounds from the impact weapon. The rounds hit Góngora as he was seated and starting to stand, according to Mellone’s statement in the district attorney’s report.\u003c/p>\n\u003cp>“Officer Mellone said he was stunned by how ineffective the beanbags were,” the report says.\u003c/p>\n\u003cp>After he stood, Góngora took a couple of steps, then turned and ran toward Steger, according to the officers’ statements and multiple civilian witnesses.\u003c/p>\n\u003cp>“Because he was ‘scared’ that Góngora was going to kill him, Sergeant Steger fired his gun at Góngora’s torso as Góngora got within approximately eight to ten feet,” the report says.”Góngora continued to advance toward him, so Sergeant Steger backed away and fired additional rounds, including a shot to Góngora’s head. Sergeant Steger felt he had no choice but to use deadly force.”\u003c/p>\n\u003cp>Mellone transitioned from the impact shotgun to his firearm and also shot at Góngora. Perez did not fire his weapon.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.kqed.org/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released\" target=\"_blank\" rel=\"noopener\">autopsy\u003c/a> found Góngora was shot six times, including once in the head. He was pronounced dead at the hospital later that day. A city forensic toxicologist found that “Góngora’s methamphetamine level was high enough to kill or hospitalize a non-habitual user,” according to the district attorney’s report.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/10922766/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\" rel=\"noopener\">Witnesses\u003c/a> who lived in a cluster of tents on Shotwell Street said on the day of the shooting that Góngora was not holding the knife when he was shot, and that they believed it was tucked into his belt. The district attorney’s investigation found that those accounts did not match the physical evidence, including the discovery of the knife near Góngora’s body, and other witness accounts of the knife still being in his hand immediately after he was shot. The district attorney’s report found that Góngora had traveled about 23 feet toward Steger during the short encounter, based on his initial position and where he fell after he was shot.\u003c/p>\n\u003cp>The district attorney’s report on the Góngora shooting appears more critical of officers’ tactics than the report on the shooting of Woods. It says, “[T]his evaluation \u003cstrong>does not\u003c/strong> address issues such as whether officers used appropriate crisis intervention tactics or issues related to civil liability.” (Emphasis in original document.)\u003c/p>\n\u003cp>In an interview Wednesday, Gascón was more straightforward.\u003c/p>\n\u003cp>“The whole concept of time and distance never really played a role” in the Góngora shooting, Gascón said. “The question for me is not the last 10, 15 seconds of the incident. The question for me is was that necessary? Do we have to push ourselves to get to that point. Everything happened in 22 seconds.”\u003c/p>\n\u003cp>Suhr, who wrote the initial policy that required SFPD officers to create “time and distance,” made similar statements in the days following Góngora’s death.\u003c/p>\n\u003cp>“I’ve been talking time and distance and de-escalation — that’s pretty much all I’ve been talking about all of 2016,” Suhr said a week after the shooting. “So there’ll be a lot of questions about tactics on why that didn’t happen.”\u003c/p>\n\u003cp>Góngora’s death escalated pressure for Suhr’s ouster, including the launch of a 17-day hunger strike outside Mission Station. \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr resigned\u003c/a> on May 19, 2016, hours after the fatal police shooting of Jessica Williams on a Bayview District street.\u003c/p>\n\u003cp>\u003cstrong>‘Reasonable’ Versus ‘Necessary’\u003c/strong>\u003c/p>\n\u003cp>Gascón said he supports AB 931 — the legislation changing the legal standard for police use of force — because it would allow consideration of alternatives to deadly force when making charging decisions about police shootings.\u003c/p>\n\u003cp>More important, Gascón said, changing the legal standard would force police departments to alter training and use-of-force policies and would prevent many shootings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I don’t believe that we want to live in a society where we take human life so lightly that we’re willing to take it just because we can,” he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "As S.F. Appeals 'Textgate' Ruling, Accused Cops Collect Pay – At Least $2 Million So Far",
"title": "As S.F. Appeals 'Textgate' Ruling, Accused Cops Collect Pay – At Least $2 Million So Far",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>A group of San Francisco police officers who exchanged text messages peppered with racist, homophobic, sexist and other bigoted language have racked up more than $2 million in pay since a Superior Court judge ordered them back on the city's payroll in 2015, according to the deputy city attorney who argued an appeal of that ruling on Wednesday.\u003c/p>\n\u003cp>Some of the \u003ca href=\"https://www.kqed.org/news/10476086/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">14 officers\u003c/a> implicated in a search of convicted former SFPD Sgt. Ian Furminger's cellphone \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">resigned\u003c/a> in the days following the publication of some of the texts in a March 2015 federal \u003ca href=\"https://www.scribd.com/document/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\" rel=\"noopener\">court filing\u003c/a>.\u003c/p>\n\u003cp>But nine officers -- backed by their union and led by named plaintiff Rain Daugherty -- \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">challenged\u003c/a> the Police Department's move to discipline them. The department, their \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">attorneys argued\u003c/a> in court, blew through the state's one-year statute of limitations for responding to police misconduct by failing to act on the offending text messages for approximately three years while a federal investigation of \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Furminger\u003c/a> ran its course.\u003c/p>\n\u003cp>\"The law in our reading of it doesn’t prevent anything that the city did,\" Deputy City Attorney Kenneth Walczak said in an interview Tuesday as he prepared to argue San Francisco's position before the state's 1st District Court of Appeal.\u003c/p>\n\u003cp>\"The Superior Court was wrong here because it started that clock without accounting for the criminal investigation that led the department to discover the racist texts.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant/\"]\u003c/p>\n\u003cp>Walczak said the law in question -- the Public Safety Officers Procedural Bill of Rights Act -- has explicit provisions that pause the statute of limitations for a criminal investigation.\u003c/p>\n\u003cp>Now-retired Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">didn't buy that argument\u003c/a> in late 2015, finding the text messages in question \"were not the subject of a criminal investigation.\"\u003c/p>\n\u003cp>\"The city is trying to piggyback on the Furminger investigation,\" Goldsmith said before making his final ruling in the case -- prohibiting the department from disciplining the officers and solidifying his earlier ruling that has kept them on the city's payroll.\u003c/p>\n\u003cp>Attorneys representing the officers point out that two SFPD lieutenants were aware of the text messages within the statute of limitations but didn't initiate a disciplinary probe, despite moving on other alleged misconduct discovered during the criminal investigation.\u003c/p>\n\u003cp>\"Twice during the joint investigation, Lieutenant [Jerome] DeFilippo exercised his authority to initiate misconduct investigations as a result of information obtained,\" says a brief opposing the city's appeal by attorney Alison Berry Wilkinson. \"Neither of the investigations Lieutenant DeFilippo initiated during the joint corruption investigation involved the text messages.\"\u003c/p>\n\u003cp>Another SFPD lieutenant had no problem with the officers remaining on the streets and testifying in court, according to the brief, \"despite knowing the character of the text messages.\"\u003c/p>\n\u003cp>\"Lieutenant [Michelle] Jean was not concerned with this misconduct because she had worked with each of the [officers], knew them to be good, effective police officers, and had never seen any of them act or enforce the laws in a racist, homophobic, or anti-Semitic manner,\" the brief says.\u003c/p>\n\u003cp>Deputy City Attorney Walczak said he's confident the appellate court will rule in San Francisco's favor, effectively allowing the nine officers to go through a closed-door disciplinary process before the Police Commission, where they will be allowed to further argue their case.\u003c/p>\n\u003cp>\"I think there is a cost to the city, both financially, paying officers who might have faced termination or might otherwise have been disciplined for this,\" Walczak said. \"But at the same time there’s also a cost in terms of the credibility of the department.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The appellate court is expected to issue a ruling within three months.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A group of San Francisco police officers who exchanged text messages peppered with racist, homophobic, sexist and other bigoted language have racked up more than $2 million in pay since a Superior Court judge ordered them back on the city's payroll in 2015, according to the deputy city attorney who argued an appeal of that ruling on Wednesday.\u003c/p>\n\u003cp>Some of the \u003ca href=\"https://www.kqed.org/news/10476086/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">14 officers\u003c/a> implicated in a search of convicted former SFPD Sgt. Ian Furminger's cellphone \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">resigned\u003c/a> in the days following the publication of some of the texts in a March 2015 federal \u003ca href=\"https://www.scribd.com/document/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\" rel=\"noopener\">court filing\u003c/a>.\u003c/p>\n\u003cp>But nine officers -- backed by their union and led by named plaintiff Rain Daugherty -- \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">challenged\u003c/a> the Police Department's move to discipline them. The department, their \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">attorneys argued\u003c/a> in court, blew through the state's one-year statute of limitations for responding to police misconduct by failing to act on the offending text messages for approximately three years while a federal investigation of \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Furminger\u003c/a> ran its course.\u003c/p>\n\u003cp>\"The law in our reading of it doesn’t prevent anything that the city did,\" Deputy City Attorney Kenneth Walczak said in an interview Tuesday as he prepared to argue San Francisco's position before the state's 1st District Court of Appeal.\u003c/p>\n\u003cp>\"The Superior Court was wrong here because it started that clock without accounting for the criminal investigation that led the department to discover the racist texts.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Walczak said the law in question -- the Public Safety Officers Procedural Bill of Rights Act -- has explicit provisions that pause the statute of limitations for a criminal investigation.\u003c/p>\n\u003cp>Now-retired Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">didn't buy that argument\u003c/a> in late 2015, finding the text messages in question \"were not the subject of a criminal investigation.\"\u003c/p>\n\u003cp>\"The city is trying to piggyback on the Furminger investigation,\" Goldsmith said before making his final ruling in the case -- prohibiting the department from disciplining the officers and solidifying his earlier ruling that has kept them on the city's payroll.\u003c/p>\n\u003cp>Attorneys representing the officers point out that two SFPD lieutenants were aware of the text messages within the statute of limitations but didn't initiate a disciplinary probe, despite moving on other alleged misconduct discovered during the criminal investigation.\u003c/p>\n\u003cp>\"Twice during the joint investigation, Lieutenant [Jerome] DeFilippo exercised his authority to initiate misconduct investigations as a result of information obtained,\" says a brief opposing the city's appeal by attorney Alison Berry Wilkinson. \"Neither of the investigations Lieutenant DeFilippo initiated during the joint corruption investigation involved the text messages.\"\u003c/p>\n\u003cp>Another SFPD lieutenant had no problem with the officers remaining on the streets and testifying in court, according to the brief, \"despite knowing the character of the text messages.\"\u003c/p>\n\u003cp>\"Lieutenant [Michelle] Jean was not concerned with this misconduct because she had worked with each of the [officers], knew them to be good, effective police officers, and had never seen any of them act or enforce the laws in a racist, homophobic, or anti-Semitic manner,\" the brief says.\u003c/p>\n\u003cp>Deputy City Attorney Walczak said he's confident the appellate court will rule in San Francisco's favor, effectively allowing the nine officers to go through a closed-door disciplinary process before the Police Commission, where they will be allowed to further argue their case.\u003c/p>\n\u003cp>\"I think there is a cost to the city, both financially, paying officers who might have faced termination or might otherwise have been disciplined for this,\" Walczak said. \"But at the same time there’s also a cost in terms of the credibility of the department.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The appellate court is expected to issue a ruling within three months.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "S.F. Excelsior District Shootout Leaves Suspect Dead, Officer and Four Others Wounded",
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"content": "\u003cp>\u003cem>Updated Thursday, March 22 at 10 a.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco police announced Thursday morning that the suspect tied to a Wednesday afternoon shooting in the city's Excelsior District that injured five people, including a police officer and juvenile, has died from his wounds.\u003c/p>\n\u003cp>Jehad Eid, a 21-year-old Suisun City resident, succumbed to his injuries and was pronounced dead at San Francisco General Hospital Wednesday evening, according to a statement from the police department.\u003c/p>\n\u003cp>\u003cstrong>Original Post\u003c/strong>\u003c/p>\n\u003cp>Six people including a San Francisco police officer and a juvenile were wounded Thursday afternoon in an exchange of gunfire on the edge of the city's Excelsior District.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Officers responded to a report of a man with a gun at about 4:30 p.m. and found him, among several other people, inside a barber shop at the corner of Geneva Avenue and London Street, according to statements by SFPD officials. Then the shooting started.\u003c/p>\n\u003cp>One man was in critical condition Thursday evening, and one was in serious condition, according to San Francisco General Hospital spokesman Brent Andrew. The officer and two other men were in fair condition.\u003c/p>\n\u003cp>Andrew did not give any information about the juvenile's condition.\u003c/p>\n\u003cp>A Police Department spokesman said the initial suspect sustained life-threatening injuries.\u003c/p>\n\u003cp>Torren Beitler, 22, said he lives nearby and was in a pharmacy next door to the barber shop when he heard \"a bunch of gunshots.\"\u003c/p>\n\u003cp>He said he later saw an officer and two others taken away by ambulance. A video originally posted on Instagram appeared to show the scene outside the barber shop immediately after the shooting.\u003c/p>\n\u003cp>https://twitter.com/mdbarba/status/976655609750695937\u003c/p>\n\u003cp>SFPD's homicide and internal affairs divisions are investigating the shooting, as is the District Attorney's Office and the Department of Police Accountability.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Police Department plans to hold a town hall meeting to provide more details on the incident within 10 days.\u003c/p>\n\n",
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"excerpt": "Officers responded to a report of a man with a gun at about 4:30 p.m. on Wednesday and found him, among several other people, inside a barber shop. Then the shooting started.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Thursday, March 22 at 10 a.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco police announced Thursday morning that the suspect tied to a Wednesday afternoon shooting in the city's Excelsior District that injured five people, including a police officer and juvenile, has died from his wounds.\u003c/p>\n\u003cp>Jehad Eid, a 21-year-old Suisun City resident, succumbed to his injuries and was pronounced dead at San Francisco General Hospital Wednesday evening, according to a statement from the police department.\u003c/p>\n\u003cp>\u003cstrong>Original Post\u003c/strong>\u003c/p>\n\u003cp>Six people including a San Francisco police officer and a juvenile were wounded Thursday afternoon in an exchange of gunfire on the edge of the city's Excelsior District.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Officers responded to a report of a man with a gun at about 4:30 p.m. and found him, among several other people, inside a barber shop at the corner of Geneva Avenue and London Street, according to statements by SFPD officials. Then the shooting started.\u003c/p>\n\u003cp>One man was in critical condition Thursday evening, and one was in serious condition, according to San Francisco General Hospital spokesman Brent Andrew. The officer and two other men were in fair condition.\u003c/p>\n\u003cp>Andrew did not give any information about the juvenile's condition.\u003c/p>\n\u003cp>A Police Department spokesman said the initial suspect sustained life-threatening injuries.\u003c/p>\n\u003cp>Torren Beitler, 22, said he lives nearby and was in a pharmacy next door to the barber shop when he heard \"a bunch of gunshots.\"\u003c/p>\n\u003cp>He said he later saw an officer and two others taken away by ambulance. A video originally posted on Instagram appeared to show the scene outside the barber shop immediately after the shooting.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>SFPD's homicide and internal affairs divisions are investigating the shooting, as is the District Attorney's Office and the Department of Police Accountability.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Police Department plans to hold a town hall meeting to provide more details on the incident within 10 days.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "S.F. Officer's Testimony Allowed to Stand -- Despite Episode of Misconduct, Dishonesty",
"title": "S.F. Officer's Testimony Allowed to Stand -- Despite Episode of Misconduct, Dishonesty",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>A Superior Court judge has chastised the San Francisco district attorney's office for withholding \"damning\" information about a key police witness in a criminal case.\u003c/p>\n\u003cp>That witness, a veteran San Francisco Police Department officer and high-ranking member of the city's police union, was once disciplined for misconduct and dishonest testimony and apparently lied about that history during a recent preliminary hearing.\u003c/p>\n\u003cp>Judge Ross Moody told prosecutors last Friday he was troubled by their failure to inform attorneys for a defendant facing trial on firearms charges about Officer James Trail's history.\u003c/p>\n\u003cp>But Moody also ruled that despite that history, Trail's testimony in a December preliminary hearing was enough to hold the defendant for trial.\u003c/p>\n\u003cp>Moody's ruling came despite evidence that Trail, a veteran of Ingleside Station and member of the Police Officers' Association board of directors, was untruthful about that misconduct during the preliminary hearing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"What would ever be enough to overcome an officer’s testimony?\" Deputy San Francisco Public Defender Chesa Boudin asked Moody after he made his ruling.\u003c/p>\n\u003cp>Boudin, defending 20-year-old Quinntez Woodson in the firearms case, also raised questions about Trail's credibility at the December preliminary hearing. But because of the apparent 14-year failure by the Police Department to notify defense attorneys about a 2004 misconduct episode involving Trail, he didn't know the full scope of the officer's history.\u003c/p>\n\u003cp>The department appears to have omitted Trail from a non-public list of officers with records of misconduct that could result in challenges to their credibility in court.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">\u003cstrong>'When you allow the Police Department to be its own guardian, ... you end up with situations like this, where an officer with a detailed track record -- many hundreds of pages documenting his misconduct -- is somehow accidentally left off the Brady list for 14 years.'\u003c/strong>\u003c/span>\u003ccite>Chesa Boudin,\u003cbr>\nDeputy San Francisco Public Defender\u003c/cite>\u003c/aside>\n\u003cp>Trail was left off the list despite an official finding that he lied in a police report and to investigators about shooting a suspect in 2004. He did not respond to a request for comment.\u003c/p>\n\u003cp>Prosecutors have a legal duty to disclose that kind of information to defense attorneys under the landmark 1963 U.S. Supreme Court case \u003ca href=\"https://www.oyez.org/cases/1962/490\" target=\"_blank\" rel=\"noopener\">Brady v. Maryland\u003c/a>. But that obligation conflicts with a host of California state laws that keep peace officer personnel files so secret that even district attorneys don't have access to them.\u003c/p>\n\u003cp>But Trail's history was known to higher-ups in the San Francisco District Attorney's Office, including DA George Gascón, before the officer testified in the Woodson case in December. As police chief, Gascón participated in a probe of Trail's misconduct case.\u003c/p>\n\u003cp>\u003cstrong>2004 Excelsior District Shooting\u003c/strong>\u003c/p>\n\u003cp>On April 27, 2004, Officer Trail and his partner at the time, Officer Mike Androvich, were patrolling the Sunnydale housing project when they saw a black Chevrolet Monte Carlo believed to be connected to a recent shooting in the neighborhood, according to a transcript of Trail's later testimony.\u003c/p>\n\u003cp>He said he and his partner both recognized the driver, then 37-year-old Robert Lamar Edwards, whom they knew by a different name.\u003c/p>\n\u003cp>\"I said to my partner, who also said to me, 'It's Bobby T.,'\" Trail testified at a hearing to revoke Edwards' probation six months later.\u003c/p>\n\u003cp>Ana Gonzalez, now head of the district attorney's criminal division, was the prosecutor on the case.\u003c/p>\n\u003cp>Trail said he already knew Edwards from when the defendant had \"shot up a liquor store\" and that he had \"chased the suspect over fences\" and \"through back yards.\"\u003c/p>\n\u003cp>What happened next is in question. Trail said Edwards rolled through a stop sign at Sunnydale Avenue and Schwerin Street.\u003c/p>\n\u003cp>Officer Androvich, who was driving, turned the squad car around and pulled up behind Edwards, who stopped. The officers walked up on either side of Edwards' vehicle with their guns drawn.\u003c/p>\n\u003cp>Trail testified that he and his partner both yelled at Edwards to turn his car off. As Trail looked in the passenger-side window, he said he saw what looked like a heavy object covered up by a T-shirt in Edward's lap.\u003c/p>\n\u003cp>\"I thought it was a gun,\" Trail testified. When Edwards hesitated to put his hands out the driver's side window, the officer said, he became concerned.\u003c/p>\n\u003cp>\"I'm afraid he's going to shoot my partner,\" Trail said. So he opened the front passenger door and reached in, attempting \"to grab the gun.\"\u003c/p>\n\u003cp>The officer said Edwards threw the car into reverse, pinning him against the opened car door. Then, he testified, Edwards launched the car forward, with Trail's body mostly outside the car as he held on to the roof with his left hand and the open passenger door with his gun hand.\u003c/p>\n\u003cp>\"I'm holding on for my life,\" Trail said. But he couldn't keep up with the car and began to fall. Shooting Edwards, he said, \"was my only resort.\"\u003c/p>\n\u003cfigure id=\"attachment_11657018\" class=\"wp-caption aligncenter\" style=\"max-width: 654px\">\u003cimg class=\"wp-image-11657018 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/MTR-1-1.jpg\" alt=\"An excerpt from an Oct. 21, 2004 probation revocation hearing for Robert Edwards, in which defense attorney Christopher Martin questions SFPD Officer John Trail.\" width=\"654\" height=\"437\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1.jpg 654w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1-375x251.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1-520x347.jpg 520w\" sizes=\"(max-width: 654px) 100vw, 654px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from an Oct. 21, 2004 probation revocation hearing for Robert Edwards, in which defense attorney Christopher Martin questions SFPD Officer John Trail.\u003c/figcaption>\u003c/figure>\n\u003cp>After letting go of the window to fire a shot, Trail testified that he fell and was dragged by the car, injuring his arm. And Edwards drove away.\u003c/p>\n\u003cp>Edwards was later arrested -- he appears to have turned himself in and was seeking medical attention for a gunshot wound. He faced charges of assault with a deadly weapon, battery against a peace officer and hit and run.\u003c/p>\n\u003cp>But Edwards' defense attorney, Christopher Martin, had another witness -- a telephone-line worker who was parked nearby and saw something completely different.\u003c/p>\n\u003cp>After Trail finished testifying, Martin called Neil White to the stand.\u003c/p>\n\u003cp>\u003cstrong>A Different Story\u003c/strong>\u003c/p>\n\u003cp>According to the court transcript, White told the court he was working at the corner of Schwerin Street and Sunnydale Avenue and noticed a black-and-white SFPD squad car pull alongside Edwards' car in a crosswalk, with the vehicles facing opposite directions.\u003c/p>\n\u003cp>\"They were facing each other,\" White said, \"[It] looked like they were talking.\"\u003c/p>\n\u003cp>Edwards pulled over on his own, White testified, and the squad car made a U-turn and pulled up behind him.\u003c/p>\n\u003cp>Both officers approached the car with their guns drawn, held low and behind the back of their legs, White said. As Trail opened the passenger-side door, White testified, a plume of exhaust belched from the car.\u003c/p>\n\u003cp>\"Whether the car was being started or accelerating, I don't know,\" White said. \"As that happened, he [Trail] opened up the car door and pulled his gun in the car and fired a shot.\"\u003c/p>\n\u003cfigure id=\"attachment_11657020\" class=\"wp-caption aligncenter\" style=\"max-width: 652px\">\u003cimg class=\"size-full wp-image-11657020\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/mtr-2.jpg\" alt=\"An excerpt from an Oct. 21, 2004 probation revocation hearing for Robert Edwards, in which defense attorney Christopher Martin questions witness Neil White.\" width=\"652\" height=\"302\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2.jpg 652w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2-160x74.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2-240x111.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2-375x174.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2-520x241.jpg 520w\" sizes=\"(max-width: 652px) 100vw, 652px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from an Oct. 21, 2004 probation revocation hearing for Robert Edwards, in which defense attorney Christopher Martin questions witness Neil White.\u003c/figcaption>\u003c/figure>\n\u003cp>White said the car never backed up, but it did then accelerate forward for 20 or 30 feet, then slowed to almost a stop.\u003c/p>\n\u003cp>At that point, Trail, uninjured, caught up to Edwards' car on foot and grabbed the still-open passenger side door.\u003c/p>\n\u003cp>\"[It] looked like he grabbed a hold of the car door, spun his pistol around inside the car; looked like he was going to fire a second shot,\" White testified. The car sped up again, \"and with the officer's hand on the door, it looked to -- that it drug him to the ground, and he took a tumble on the ground after that.\"\u003c/p>\n\u003cp>At the end of that October 2004 hearing, Edwards stayed out of jail and Trail was facing discipline and a criminal investigation for improperly firing his gun, filing an inaccurate police report and misrepresenting the truth.\u003c/p>\n\u003cp>\u003cstrong>Drawn-Out Discipline, and an Accidental Discovery\u003c/strong>\u003c/p>\n\u003cp>It took the Police Department and the city's Police Commission six years to weigh Trail's case.\u003c/p>\n\u003cp>Deputy Public Defender Chesa Boudin said in court last Friday that a criminal investigation into Trail's actions led by former District Attorney Kamala Harris stretched into mid-2005. Boudin said Ana Gonzalez took part in that investigation. The DA's office eventually declined to pursue charges against Trail.\u003c/p>\n\u003cp>The Police Department named Trail and his partner, Androvich, \u003ca href=\"http://sanfranciscopolice.org/officer-month-july-2005\" target=\"_blank\" rel=\"noopener\">officers of the month\u003c/a> in July 2005 for \"strength of character, compassion, and commitment to the community\" while the Office of Citizen Complaints was still investigating Trail for potential misconduct.\u003c/p>\n\u003cp>In 2009, Trail was \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/FileCenter/Documents/23853-09oct16_ingleside_newsletter.pdf\" target=\"_blank\" rel=\"noopener\">awarded the Police Department's Silver Medal of Valor\u003c/a> for his role in an incident shortly after he shot Edwards in which officers shot and killed a homicide suspect. At the time of the award, the department's misconduct charges were still pending.\u003c/p>\n\u003cfigure id=\"attachment_11656996\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11656996 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/Late-2010-stipulation-800x115.jpg\" alt=\"\" width=\"800\" height=\"115\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-800x115.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-160x23.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-1020x146.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-960x138.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-240x34.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-375x54.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-520x75.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation.jpg 1172w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A San Francisco Police Commission document showing charges of misconduct against SFPD Officer James Trail in late 2010.\u003c/figcaption>\u003c/figure>\n\u003cp>Trail eventually admitted to improperly firing his weapon in late 2010, according to Police Commission disciplinary records and multiple sources familiar with the outcome. Investigators' findings that he misrepresented the truth and filed an inaccurate police report were dropped as a result of a sort of plea bargain called a stipulated agreement.\u003c/p>\n\u003cp>Nevertheless, those findings about dishonesty are still considered information that should be turned over to the defense under Brady v. Maryland, a San Francisco Superior Court judge ruled. But until last month, February of this year, they never have been.\u003c/p>\n\u003cp>Generally, records of police officer misconduct and disciplinary proceedings are kept almost entirely secret. Boudin said he believes Trail's name was accidentally associated with an internal affairs case number on a Jan. 4, 2006, \u003ca href=\"https://sanfranciscopolice.org/ftp/meetingarchive/sanfranciscopolice.org/index.aspx-page=2905.html\" target=\"_blank\" rel=\"noopener\">Police Commission agenda\u003c/a>.\u003c/p>\n\u003cp>But for the defense's accidental discovery, \"We would have gone to trial and it would have been my client’s word against Officer Trail’s, and nobody ever would have known that he had a history of filing false police reports and lying,\" Boudin said.\u003c/p>\n\u003cp>\"When you allow the Police Department to be its own guardian, to check and make its own independent decisions without any external review about which officers have Brady material, you end up with situations like this, where an officer with a detailed track record -- many hundreds of pages documenting his misconduct -- is somehow accidentally left off the Brady list for 14 years,\" Boudin said.\u003c/p>\n\u003cp>\u003cstrong>A Chase, and a Dropped Gun\u003c/strong>\u003c/p>\n\u003cp>At around noon on Aug. 3 2017, Trail and his partner, Officer Brian Hopkins, started to pull an otherwise unidentified red car over on Geneva Avenue after the driver allegedly drove around a pedestrian in the crosswalk.\u003c/p>\n\u003cfigure id=\"attachment_11656397\" class=\"wp-caption alignright\" style=\"max-width: 448px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/Trail-Gun.jpg\">\u003cimg class=\"size-full wp-image-11656397\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/Trail-Gun.jpg\" alt=\"A photograph from the case against Quinntez Woodson showing SFPD Officer James Trail reaching for a gun on the sidewalk.\" width=\"448\" height=\"441\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A photograph from the case against Quinntez Woodson showing SFPD Officer James Trail reaching for a gun on the sidewalk.\u003c/figcaption>\u003c/figure>\n\u003cp>The car started to pull over, but then Woodson, a passenger in the vehicle, allegedly jumped out and started running. The officers didn't chase the car and didn't note its license plate number.\u003c/p>\n\u003cp>Trail pursued on foot while Hopkins drove, the officers said in police reports. Neither officer turned on his body camera.\u003c/p>\n\u003cp>Trail said in a police report that as he ran behind Woodson, he saw him throw a heavy object wrapped in a red bandanna, and the officer heard what he described as a loud thud.\u003c/p>\n\u003cp>The officer said he found a red bandanna and 9mm handgun on the sidewalk and stayed with them while Hopkins caught up to and arrested Woodson. He was charged with three felonies for illegal possession of a firearm -- in part because he was found to have committed a 2012 residential robbery, when he was a juvenile.\u003c/p>\n\u003cp>Trail's testimony was the only prosecution evidence in the preliminary hearing, but Woodson's attorney, Chesa Boudin, said he was never notified about the misconduct in the officer's past.\u003c/p>\n\u003cp>During that hearing, Boudin asked Trail about his record.\u003c/p>\n\u003cp>\"Have you ever written a false [police] report?\" Boudin asked.\u003c/p>\n\u003cp>\"No,\" Trail said.\u003c/p>\n\u003cp>\"Never misrepresented the truth when testifying or participating in official proceedings?\" Boudin asked.\u003c/p>\n\u003cp>\"No,\" Trail said.\u003c/p>\n\u003cp>Since that hearing, Boudin has filed a series of motions based on the 2006 Police Commission records showing Trail was found to have filed an inaccurate report and misrepresented the truth about the 2004 Edwards shooting.\u003c/p>\n\u003cp>Boudin says his motions resulted in disclosure of nearly 2,000 pages of material on Trail that a judge has reviewed and determined should be provided to the defense under the prosecution's Brady v. Maryland disclosure obligations. Under a court order, most of the records involving Trail remain sealed and beyond public view.\u003c/p>\n\u003cp>In a hearing before Superior Court Judge Ross Moody last Friday, Boudin moved to dismiss the charges against Woodson based on Trail's prior misconduct record.\u003c/p>\n\u003cp>Had he been notified of Trail's history before the preliminary hearing, Boudin argued, he could have shown Trail was not being truthful in denying the earlier misconduct case.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">\u003cstrong>'The district attorney should have disclosed this information. ... Information that is this damning should have been turned over to the defense.'\u003c/strong>\u003c/span>\u003ccite>Ross Moody,\u003cbr>\nSan Francisco Superior Court Judge\u003c/cite>\u003c/aside>\n\u003cp>Assistant District Attorney Kathleen McBride told Judge Moody during the Friday hearing that because the defense discovered the material on its own, the prosecution did not suppress it. She argued suppression is an element necessary to prove a Brady violation.\u003c/p>\n\u003cp>\"I’m troubled by your argument,\" Judge Moody told McBride. \"Your office was in at least constructive possession of damning material regarding Officer Trail.\" He noted sealed documents about Trail's misconduct case with the name of District Attorney Gascón -- then the city's police chief -- \"right at the top.\"\u003c/p>\n\u003cp>\"Why do you not have an obligation under Brady v. Maryland?\" Moody asked McBride.\u003c/p>\n\u003cp>McBride said it was the defense's obligation to investigate \"its obvious suspicion that there was more to the story regarding Officer Trail.\"\u003c/p>\n\u003cp>But since Boudin raised the issue, Trail's status on the Police Department's Brady list has changed. He's now listed as \"pending,\" McBride said, \"which would require me to notice Mr. Boudin.\"\u003c/p>\n\u003cp>\"What would ever be enough to overcome an officer's testimony?\" Boudin asked in court. \"Is the standard really so low that the court is willing to accept blindly the testimony of an officer who lied in that very hearing?\"\u003c/p>\n\u003cp>Moody called it \"a very close case.\"\u003c/p>\n\u003cp>\"The district attorney should have disclosed this information,\" Moody said. \"Information that is this damning should have been turned over to the defense.\"\u003c/p>\n\u003cp>The prosecution has another witness, a paramedic whom the prosecution says corroborates Trail's version of events in the Woodson case. The paramedic didn't testify at the preliminary hearing, but with Trail's history of misconduct exposed, he'll likely be much more important to the prosecution's case as it moves toward trial in April.\u003c/p>\n\u003cp>Moody ultimately ruled that revelations about Trail's misconduct wouldn't necessarily have changed the outcome of the preliminary hearing.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"The court’s ruling today sets a dangerous precedent encouraging the district attorney to violate Brady and encouraging officers to lie on the stand,\" Boudin told Judge Moody.\u003c/p>\n\n",
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"excerpt": "Police Department appears to have left Officer James Trail off a list of cops found to have committed misconduct that could affect their credibility on the witness stand.",
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"description": "Police Department appears to have left Officer James Trail off a list of cops found to have committed misconduct that could affect their credibility on the witness stand.",
"title": "S.F. Officer's Testimony Allowed to Stand -- Despite Episode of Misconduct, Dishonesty | KQED",
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"headline": "S.F. Officer's Testimony Allowed to Stand -- Despite Episode of Misconduct, Dishonesty",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Superior Court judge has chastised the San Francisco district attorney's office for withholding \"damning\" information about a key police witness in a criminal case.\u003c/p>\n\u003cp>That witness, a veteran San Francisco Police Department officer and high-ranking member of the city's police union, was once disciplined for misconduct and dishonest testimony and apparently lied about that history during a recent preliminary hearing.\u003c/p>\n\u003cp>Judge Ross Moody told prosecutors last Friday he was troubled by their failure to inform attorneys for a defendant facing trial on firearms charges about Officer James Trail's history.\u003c/p>\n\u003cp>But Moody also ruled that despite that history, Trail's testimony in a December preliminary hearing was enough to hold the defendant for trial.\u003c/p>\n\u003cp>Moody's ruling came despite evidence that Trail, a veteran of Ingleside Station and member of the Police Officers' Association board of directors, was untruthful about that misconduct during the preliminary hearing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"What would ever be enough to overcome an officer’s testimony?\" Deputy San Francisco Public Defender Chesa Boudin asked Moody after he made his ruling.\u003c/p>\n\u003cp>Boudin, defending 20-year-old Quinntez Woodson in the firearms case, also raised questions about Trail's credibility at the December preliminary hearing. But because of the apparent 14-year failure by the Police Department to notify defense attorneys about a 2004 misconduct episode involving Trail, he didn't know the full scope of the officer's history.\u003c/p>\n\u003cp>The department appears to have omitted Trail from a non-public list of officers with records of misconduct that could result in challenges to their credibility in court.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">\u003cstrong>'When you allow the Police Department to be its own guardian, ... you end up with situations like this, where an officer with a detailed track record -- many hundreds of pages documenting his misconduct -- is somehow accidentally left off the Brady list for 14 years.'\u003c/strong>\u003c/span>\u003ccite>Chesa Boudin,\u003cbr>\nDeputy San Francisco Public Defender\u003c/cite>\u003c/aside>\n\u003cp>Trail was left off the list despite an official finding that he lied in a police report and to investigators about shooting a suspect in 2004. He did not respond to a request for comment.\u003c/p>\n\u003cp>Prosecutors have a legal duty to disclose that kind of information to defense attorneys under the landmark 1963 U.S. Supreme Court case \u003ca href=\"https://www.oyez.org/cases/1962/490\" target=\"_blank\" rel=\"noopener\">Brady v. Maryland\u003c/a>. But that obligation conflicts with a host of California state laws that keep peace officer personnel files so secret that even district attorneys don't have access to them.\u003c/p>\n\u003cp>But Trail's history was known to higher-ups in the San Francisco District Attorney's Office, including DA George Gascón, before the officer testified in the Woodson case in December. As police chief, Gascón participated in a probe of Trail's misconduct case.\u003c/p>\n\u003cp>\u003cstrong>2004 Excelsior District Shooting\u003c/strong>\u003c/p>\n\u003cp>On April 27, 2004, Officer Trail and his partner at the time, Officer Mike Androvich, were patrolling the Sunnydale housing project when they saw a black Chevrolet Monte Carlo believed to be connected to a recent shooting in the neighborhood, according to a transcript of Trail's later testimony.\u003c/p>\n\u003cp>He said he and his partner both recognized the driver, then 37-year-old Robert Lamar Edwards, whom they knew by a different name.\u003c/p>\n\u003cp>\"I said to my partner, who also said to me, 'It's Bobby T.,'\" Trail testified at a hearing to revoke Edwards' probation six months later.\u003c/p>\n\u003cp>Ana Gonzalez, now head of the district attorney's criminal division, was the prosecutor on the case.\u003c/p>\n\u003cp>Trail said he already knew Edwards from when the defendant had \"shot up a liquor store\" and that he had \"chased the suspect over fences\" and \"through back yards.\"\u003c/p>\n\u003cp>What happened next is in question. Trail said Edwards rolled through a stop sign at Sunnydale Avenue and Schwerin Street.\u003c/p>\n\u003cp>Officer Androvich, who was driving, turned the squad car around and pulled up behind Edwards, who stopped. The officers walked up on either side of Edwards' vehicle with their guns drawn.\u003c/p>\n\u003cp>Trail testified that he and his partner both yelled at Edwards to turn his car off. As Trail looked in the passenger-side window, he said he saw what looked like a heavy object covered up by a T-shirt in Edward's lap.\u003c/p>\n\u003cp>\"I thought it was a gun,\" Trail testified. When Edwards hesitated to put his hands out the driver's side window, the officer said, he became concerned.\u003c/p>\n\u003cp>\"I'm afraid he's going to shoot my partner,\" Trail said. So he opened the front passenger door and reached in, attempting \"to grab the gun.\"\u003c/p>\n\u003cp>The officer said Edwards threw the car into reverse, pinning him against the opened car door. Then, he testified, Edwards launched the car forward, with Trail's body mostly outside the car as he held on to the roof with his left hand and the open passenger door with his gun hand.\u003c/p>\n\u003cp>\"I'm holding on for my life,\" Trail said. But he couldn't keep up with the car and began to fall. Shooting Edwards, he said, \"was my only resort.\"\u003c/p>\n\u003cfigure id=\"attachment_11657018\" class=\"wp-caption aligncenter\" style=\"max-width: 654px\">\u003cimg class=\"wp-image-11657018 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/MTR-1-1.jpg\" alt=\"An excerpt from an Oct. 21, 2004 probation revocation hearing for Robert Edwards, in which defense attorney Christopher Martin questions SFPD Officer John Trail.\" width=\"654\" height=\"437\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1.jpg 654w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1-375x251.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/MTR-1-1-520x347.jpg 520w\" sizes=\"(max-width: 654px) 100vw, 654px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from an Oct. 21, 2004 probation revocation hearing for Robert Edwards, in which defense attorney Christopher Martin questions SFPD Officer John Trail.\u003c/figcaption>\u003c/figure>\n\u003cp>After letting go of the window to fire a shot, Trail testified that he fell and was dragged by the car, injuring his arm. And Edwards drove away.\u003c/p>\n\u003cp>Edwards was later arrested -- he appears to have turned himself in and was seeking medical attention for a gunshot wound. He faced charges of assault with a deadly weapon, battery against a peace officer and hit and run.\u003c/p>\n\u003cp>But Edwards' defense attorney, Christopher Martin, had another witness -- a telephone-line worker who was parked nearby and saw something completely different.\u003c/p>\n\u003cp>After Trail finished testifying, Martin called Neil White to the stand.\u003c/p>\n\u003cp>\u003cstrong>A Different Story\u003c/strong>\u003c/p>\n\u003cp>According to the court transcript, White told the court he was working at the corner of Schwerin Street and Sunnydale Avenue and noticed a black-and-white SFPD squad car pull alongside Edwards' car in a crosswalk, with the vehicles facing opposite directions.\u003c/p>\n\u003cp>\"They were facing each other,\" White said, \"[It] looked like they were talking.\"\u003c/p>\n\u003cp>Edwards pulled over on his own, White testified, and the squad car made a U-turn and pulled up behind him.\u003c/p>\n\u003cp>Both officers approached the car with their guns drawn, held low and behind the back of their legs, White said. As Trail opened the passenger-side door, White testified, a plume of exhaust belched from the car.\u003c/p>\n\u003cp>\"Whether the car was being started or accelerating, I don't know,\" White said. \"As that happened, he [Trail] opened up the car door and pulled his gun in the car and fired a shot.\"\u003c/p>\n\u003cfigure id=\"attachment_11657020\" class=\"wp-caption aligncenter\" style=\"max-width: 652px\">\u003cimg class=\"size-full wp-image-11657020\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/mtr-2.jpg\" alt=\"An excerpt from an Oct. 21, 2004 probation revocation hearing for Robert Edwards, in which defense attorney Christopher Martin questions witness Neil White.\" width=\"652\" height=\"302\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2.jpg 652w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2-160x74.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2-240x111.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2-375x174.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/mtr-2-520x241.jpg 520w\" sizes=\"(max-width: 652px) 100vw, 652px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from an Oct. 21, 2004 probation revocation hearing for Robert Edwards, in which defense attorney Christopher Martin questions witness Neil White.\u003c/figcaption>\u003c/figure>\n\u003cp>White said the car never backed up, but it did then accelerate forward for 20 or 30 feet, then slowed to almost a stop.\u003c/p>\n\u003cp>At that point, Trail, uninjured, caught up to Edwards' car on foot and grabbed the still-open passenger side door.\u003c/p>\n\u003cp>\"[It] looked like he grabbed a hold of the car door, spun his pistol around inside the car; looked like he was going to fire a second shot,\" White testified. The car sped up again, \"and with the officer's hand on the door, it looked to -- that it drug him to the ground, and he took a tumble on the ground after that.\"\u003c/p>\n\u003cp>At the end of that October 2004 hearing, Edwards stayed out of jail and Trail was facing discipline and a criminal investigation for improperly firing his gun, filing an inaccurate police report and misrepresenting the truth.\u003c/p>\n\u003cp>\u003cstrong>Drawn-Out Discipline, and an Accidental Discovery\u003c/strong>\u003c/p>\n\u003cp>It took the Police Department and the city's Police Commission six years to weigh Trail's case.\u003c/p>\n\u003cp>Deputy Public Defender Chesa Boudin said in court last Friday that a criminal investigation into Trail's actions led by former District Attorney Kamala Harris stretched into mid-2005. Boudin said Ana Gonzalez took part in that investigation. The DA's office eventually declined to pursue charges against Trail.\u003c/p>\n\u003cp>The Police Department named Trail and his partner, Androvich, \u003ca href=\"http://sanfranciscopolice.org/officer-month-july-2005\" target=\"_blank\" rel=\"noopener\">officers of the month\u003c/a> in July 2005 for \"strength of character, compassion, and commitment to the community\" while the Office of Citizen Complaints was still investigating Trail for potential misconduct.\u003c/p>\n\u003cp>In 2009, Trail was \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/FileCenter/Documents/23853-09oct16_ingleside_newsletter.pdf\" target=\"_blank\" rel=\"noopener\">awarded the Police Department's Silver Medal of Valor\u003c/a> for his role in an incident shortly after he shot Edwards in which officers shot and killed a homicide suspect. At the time of the award, the department's misconduct charges were still pending.\u003c/p>\n\u003cfigure id=\"attachment_11656996\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11656996 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/Late-2010-stipulation-800x115.jpg\" alt=\"\" width=\"800\" height=\"115\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-800x115.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-160x23.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-1020x146.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-960x138.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-240x34.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-375x54.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation-520x75.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/Late-2010-stipulation.jpg 1172w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A San Francisco Police Commission document showing charges of misconduct against SFPD Officer James Trail in late 2010.\u003c/figcaption>\u003c/figure>\n\u003cp>Trail eventually admitted to improperly firing his weapon in late 2010, according to Police Commission disciplinary records and multiple sources familiar with the outcome. Investigators' findings that he misrepresented the truth and filed an inaccurate police report were dropped as a result of a sort of plea bargain called a stipulated agreement.\u003c/p>\n\u003cp>Nevertheless, those findings about dishonesty are still considered information that should be turned over to the defense under Brady v. Maryland, a San Francisco Superior Court judge ruled. But until last month, February of this year, they never have been.\u003c/p>\n\u003cp>Generally, records of police officer misconduct and disciplinary proceedings are kept almost entirely secret. Boudin said he believes Trail's name was accidentally associated with an internal affairs case number on a Jan. 4, 2006, \u003ca href=\"https://sanfranciscopolice.org/ftp/meetingarchive/sanfranciscopolice.org/index.aspx-page=2905.html\" target=\"_blank\" rel=\"noopener\">Police Commission agenda\u003c/a>.\u003c/p>\n\u003cp>But for the defense's accidental discovery, \"We would have gone to trial and it would have been my client’s word against Officer Trail’s, and nobody ever would have known that he had a history of filing false police reports and lying,\" Boudin said.\u003c/p>\n\u003cp>\"When you allow the Police Department to be its own guardian, to check and make its own independent decisions without any external review about which officers have Brady material, you end up with situations like this, where an officer with a detailed track record -- many hundreds of pages documenting his misconduct -- is somehow accidentally left off the Brady list for 14 years,\" Boudin said.\u003c/p>\n\u003cp>\u003cstrong>A Chase, and a Dropped Gun\u003c/strong>\u003c/p>\n\u003cp>At around noon on Aug. 3 2017, Trail and his partner, Officer Brian Hopkins, started to pull an otherwise unidentified red car over on Geneva Avenue after the driver allegedly drove around a pedestrian in the crosswalk.\u003c/p>\n\u003cfigure id=\"attachment_11656397\" class=\"wp-caption alignright\" style=\"max-width: 448px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/Trail-Gun.jpg\">\u003cimg class=\"size-full wp-image-11656397\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/Trail-Gun.jpg\" alt=\"A photograph from the case against Quinntez Woodson showing SFPD Officer James Trail reaching for a gun on the sidewalk.\" width=\"448\" height=\"441\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A photograph from the case against Quinntez Woodson showing SFPD Officer James Trail reaching for a gun on the sidewalk.\u003c/figcaption>\u003c/figure>\n\u003cp>The car started to pull over, but then Woodson, a passenger in the vehicle, allegedly jumped out and started running. The officers didn't chase the car and didn't note its license plate number.\u003c/p>\n\u003cp>Trail pursued on foot while Hopkins drove, the officers said in police reports. Neither officer turned on his body camera.\u003c/p>\n\u003cp>Trail said in a police report that as he ran behind Woodson, he saw him throw a heavy object wrapped in a red bandanna, and the officer heard what he described as a loud thud.\u003c/p>\n\u003cp>The officer said he found a red bandanna and 9mm handgun on the sidewalk and stayed with them while Hopkins caught up to and arrested Woodson. He was charged with three felonies for illegal possession of a firearm -- in part because he was found to have committed a 2012 residential robbery, when he was a juvenile.\u003c/p>\n\u003cp>Trail's testimony was the only prosecution evidence in the preliminary hearing, but Woodson's attorney, Chesa Boudin, said he was never notified about the misconduct in the officer's past.\u003c/p>\n\u003cp>During that hearing, Boudin asked Trail about his record.\u003c/p>\n\u003cp>\"Have you ever written a false [police] report?\" Boudin asked.\u003c/p>\n\u003cp>\"No,\" Trail said.\u003c/p>\n\u003cp>\"Never misrepresented the truth when testifying or participating in official proceedings?\" Boudin asked.\u003c/p>\n\u003cp>\"No,\" Trail said.\u003c/p>\n\u003cp>Since that hearing, Boudin has filed a series of motions based on the 2006 Police Commission records showing Trail was found to have filed an inaccurate report and misrepresented the truth about the 2004 Edwards shooting.\u003c/p>\n\u003cp>Boudin says his motions resulted in disclosure of nearly 2,000 pages of material on Trail that a judge has reviewed and determined should be provided to the defense under the prosecution's Brady v. Maryland disclosure obligations. Under a court order, most of the records involving Trail remain sealed and beyond public view.\u003c/p>\n\u003cp>In a hearing before Superior Court Judge Ross Moody last Friday, Boudin moved to dismiss the charges against Woodson based on Trail's prior misconduct record.\u003c/p>\n\u003cp>Had he been notified of Trail's history before the preliminary hearing, Boudin argued, he could have shown Trail was not being truthful in denying the earlier misconduct case.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">\u003cstrong>'The district attorney should have disclosed this information. ... Information that is this damning should have been turned over to the defense.'\u003c/strong>\u003c/span>\u003ccite>Ross Moody,\u003cbr>\nSan Francisco Superior Court Judge\u003c/cite>\u003c/aside>\n\u003cp>Assistant District Attorney Kathleen McBride told Judge Moody during the Friday hearing that because the defense discovered the material on its own, the prosecution did not suppress it. She argued suppression is an element necessary to prove a Brady violation.\u003c/p>\n\u003cp>\"I’m troubled by your argument,\" Judge Moody told McBride. \"Your office was in at least constructive possession of damning material regarding Officer Trail.\" He noted sealed documents about Trail's misconduct case with the name of District Attorney Gascón -- then the city's police chief -- \"right at the top.\"\u003c/p>\n\u003cp>\"Why do you not have an obligation under Brady v. Maryland?\" Moody asked McBride.\u003c/p>\n\u003cp>McBride said it was the defense's obligation to investigate \"its obvious suspicion that there was more to the story regarding Officer Trail.\"\u003c/p>\n\u003cp>But since Boudin raised the issue, Trail's status on the Police Department's Brady list has changed. He's now listed as \"pending,\" McBride said, \"which would require me to notice Mr. Boudin.\"\u003c/p>\n\u003cp>\"What would ever be enough to overcome an officer's testimony?\" Boudin asked in court. \"Is the standard really so low that the court is willing to accept blindly the testimony of an officer who lied in that very hearing?\"\u003c/p>\n\u003cp>Moody called it \"a very close case.\"\u003c/p>\n\u003cp>\"The district attorney should have disclosed this information,\" Moody said. \"Information that is this damning should have been turned over to the defense.\"\u003c/p>\n\u003cp>The prosecution has another witness, a paramedic whom the prosecution says corroborates Trail's version of events in the Woodson case. The paramedic didn't testify at the preliminary hearing, but with Trail's history of misconduct exposed, he'll likely be much more important to the prosecution's case as it moves toward trial in April.\u003c/p>\n\u003cp>Moody ultimately ruled that revelations about Trail's misconduct wouldn't necessarily have changed the outcome of the preliminary hearing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The court’s ruling today sets a dangerous precedent encouraging the district attorney to violate Brady and encouraging officers to lie on the stand,\" Boudin told Judge Moody.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Jury Finds in Favor of S.F. Police Officers Who Fatally Shot Mentally Ill Man",
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"content": "\u003cp>\u003cstrong>Update 4:50 p.m. Tuesday, March 20:\u003c/strong> A federal jury found in favor of two San Francisco police officers Tuesday who fatally shot a mentally ill man in his home as he walked toward them with an X-Acto knife in his hand.\u003c/p>\n\u003cp>The verdict marks an end point to over seven years of litigation over the December 2010 death of Vinh \"Tony\" Bui. San Francisco lost a pretrial appeal to the 9th Circuit in which \u003ca href=\"https://www.courthousenews.com/wp-content/uploads/2017/06/Ninth.Knife_.Memo_.pdf\" target=\"_blank\" rel=\"noopener\">judges wrote\u003c/a> that a jury could find \"the relatively slight and somewhat impaired Bui, who made no threatening motions with the small blade in the officers' presence, did not present a significant threat of death or serious physical injury.\"\u003c/p>\n\u003cp>But after a week-long trial and about four hours of deliberation, the jury found in favor of officers Austin Wilson and Timothy Ortiz. Specifically, the jury found neither officer used excessive force when they shot Bui, and neither officer was negligent.\u003c/p>\n\u003cp>\"While we are grateful for a verdict in favor of the officers and the City, there are no winners or losers in cases like these. Any loss of life is tragic,\" Deputy City Attorney Sean Connolly said in a written statement. \"Police officers have a difficult and unenviable job and are frequently called upon to make life and death decisions in dangerous and evolving circumstances. We appreciate that the jury took the time to consider the facts and the law before ruling in the officers’ favor.\"\u003c/p>\n\u003cp>Plaintiff's attorneys did not respond to request for comment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Original Post 4:08 p.m. March 7:\u003c/strong> Chien Van Bui and his wife, Ai Huynh, went to great lengths over the life of their mentally ill son, Vinh \"Tony\" Bui, to shield him from dangerous, potentially violent situations. They succeeded until late 2010, when he was fatally shot at age 46 in the living room of the family's San Francisco home by two city police officers.\u003c/p>\n\u003cp>Bui's death is the subject of a federal civil rights trial that opened Wednesday after nearly eight years of pretrial litigation and a \u003ca href=\"https://www.courthousenews.com/ninth-circuit-wont-let-sp-police-officers-off-killing/\" target=\"_blank\" rel=\"noopener\">recent appellate ruling\u003c/a> that SFPD officers Timothy Ortiz and Austin Wilson are not automatically immune from liability.\u003c/p>\n\u003cp>Tony Bui was born in Vietnam in the early 1960s, according to the plaintiff's opening statement, as U.S. involvement in the Vietnam War was escalating. His father was a soldier in the Army of the Republic of Vietnam -- allied with the U.S. -- and his mother took care of Bui and his four siblings.\u003c/p>\n\u003cp>In 1975, the Vietnam War ended, and the elder Bui was out of a job. The family scraped by selling handwoven baskets, which Tony Bui helped deliver. But five years later, his parents began to worry he would be drafted, \"and because he was slow, he would not survive,\" plaintiff's attorney Karen Leigh Snell told the jury.\u003c/p>\n\u003cp>Family members living in the U.S. were able to sponsor Bui's immigration, Snell said. He and one sister moved to San Francisco, by way of a refugee camp in Thailand.\u003c/p>\n\u003cp>Bui was a busboy for several years while family members worked to sponsor immigration for his parents, Snell said. Eventually, the extended family was reunited and living in a three-bedroom house in San Francisco's Portola neighborhood.\u003c/p>\n\u003cp>“He was a beloved member of a close-knit family, and they miss him,” Snell said.\u003c/p>\n\u003cp>The house was more crowded than usual on Dec. 29, 2010 -- Bui's then 15-year-old niece, Melina Herrera, was hosting a gathering for more than a dozen classmates.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>S.F. Police Shooting Raises Questions About City's Response to Psychiatric Crises\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11317958/s-f-police-shooting-raises-questions-about-citys-response-to-psychiatric-crises\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/02/CIT-S12544_alt_564-1180x777.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>Deployment of specially trained officers remains spotty. Department says changes are coming, including training for every officer.\u003c/p>\n\u003c/aside>\n\u003cp>\"It was winter break and we were all hanging out,\" Herrera, now a 22-year-old San Francisco State University student, testified after opening statements Wednesday. \"My parents were super welcoming.\"\u003c/p>\n\u003cp>But there was a family rule scrawled on paper signs throughout the house. They said, with some variation: \"Do Not Slam the Door.\"\u003c/p>\n\u003cp>The sound of a slamming door was known to send Bui into a crisis. By then he had been diagnosed with schizophrenia.\u003c/p>\n\u003cp>\"Slamming the door was something that would cause him to act differently,\" Herrera said.\u003c/p>\n\u003cp>One of the teenagers slammed the bathroom door, and Herrera got word in the backyard that there was an issue with her uncle, she testified. She went inside to check it out, and waited for her friend, Sharon Hong, to come out of the bathroom. When she did, Tony Bui appeared behind her.\u003c/p>\n\u003cp>\"Sharon was walking toward me ... and Sharon shrieked,\" Herrera said. \"I thought Tony had slapped her in the back.\"\u003c/p>\n\u003cp>Actually, Bui had punctured Hong's back with a small razor-sharp X-Acto knife he used to open mail, Herrera testified. Photographs of the wound shown in court during the plaintiff's opening statement show a tiny red mark near the center of the teen's lower back.\u003c/p>\n\u003cp>Herrera called her mother \"because she's the person I would ask what to do next,\" she testified, \"because Tony was in the state of mind where typically he would go to San Francisco General Hospital.\"\u003c/p>\n\u003cp>That had happened once about 10 years earlier, according to \u003ca href=\"https://www.sfchronicle.com/bayarea/article/S-F-police-killing-of-mentally-ill-man-exposes-6797077.php\" target=\"_blank\" rel=\"noopener\">reporting by the San Francisco Chronicle\u003c/a>, and SFPD officers had calmly persuaded Bui to go with them to the hospital.\u003c/p>\n\u003cp>But this time would be different.\u003c/p>\n\u003cp>SFPD officers Austin Wilson and Timothy Ortiz responded to Herrera's call about the stabbing shortly before 4 p.m., followed a few seconds later by Inspector Kevin Whitfield. And although a dispatcher broadcast multiple times that the call involved a person with mental illness, the officers would later say they didn't know that information.\u003c/p>\n\u003cp>At the door, the officers talked to Cindy Tran, one of Bui's sisters and the only adult home at the time.\u003c/p>\n\u003cp>\"Cindy Tran told the officers nothing happened,\" Deputy City Attorney Sean Connolly said during the defense's opening statement. \"She inserts confusion into the situation.\"\u003c/p>\n\u003cp>Ortiz broadcast back to dispatch that the call appeared to have no merit and that the officers were sorting out what exactly had happened.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>More Than Half of Those Killed by San Francisco Police Are Mentally Ill\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2014/09/RS12546_Dial-it-down-feature-image.jpg-alt_155-1038x576.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>Bay Area police are adopting new techniques for responding to people in psychiatric crisis.\u003c/p>\n\u003c/aside>\n\u003cp>Whitfield, a seasoned investigator, \"knew something wasn't right,\" Connolly said. \"He could see in that living room 10 to 20 teenagers sitting very quietly. He had a suspicion that the police were not getting the full story.\"\u003c/p>\n\u003cp>Connolly continued: \"He said, 'Someone called about a stabbing. Was anyone here stabbed?' \"\u003c/p>\n\u003cp>Several of the teens gestured to Hong, who lifted a sweater to reveal a several-inch blood stain that had seeped into a white undershirt, shown on a photograph the defense displayed in court.\u003c/p>\n\u003cp>Now, Connolly said, the officers were dealing with an emergency, and didn't have time to make any kind of plan.\u003c/p>\n\u003cp>“The problem, fundamentally, with plaintiff’s case and all the things they think could have happened or should have happened -- there was no time to do any of those things,” Connolly said.\u003c/p>\n\u003cp>The group of kids directed them toward the back of the house, and the officers converged around the closed bathroom door. They ordered Bui out, and he emerged, still holding the small razor blade.\u003c/p>\n\u003cp>Tran began yelling at the officers, \"Police man, he's mental!\" plaintiff's attorney Snell told the jury. \"The officers told her to get back,\" she said.\u003c/p>\n\u003cp>They ordered Bui to drop the knife, but it's not clear he understood what was happening, Snell said.\u003c/p>\n\u003cp>\"Cindy could see Tony’s face,\" Snell said. \"She’ll tell you he looked pale, scared and confused.\"\u003c/p>\n\u003cp>The officers backed up some 12 to 15 feet into the living room full of people as Bui moved forward.\u003c/p>\n\u003cp>\"Tony paused at the threshold between the hallway and the living room, and these two officers opened fire,\" Snell said.\u003c/p>\n\u003cp>Ortiz fired twice, missing once and hitting Bui once in the chest, Snell said. Wilson fired once and also hit Bui.\u003c/p>\n\u003cp>\"He died 45 minutes later,\" Snell said. \"A reasonable officer in their situation would not have shot and killed my client's son.\"\u003c/p>\n\u003cp>Snell argued the officers had plenty of time to understand the situation, come up with a plan and consider alternatives that may have saved Bui's life. She said that the house was calm, and no one was in danger when they arrived.\u003c/p>\n\u003cp>But Connolly argued that time is not something patrol officers have, despite evolution of SFPD policies since the Bui shooting that emphasize \"\u003ca href=\"https://www.kqed.org/news/10928749/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting\" target=\"_blank\" rel=\"noopener\">time and distance\u003c/a>\" when officers are confronting mentally ill suspects armed with bladed weapons.\u003c/p>\n\u003cp>\"This case boils down to 74 seconds,\" he said, referencing the time between the officers' first conversation with Tran at the home and the moment they broadcast that shots had been fired. \"They shot Bui because that's what they are trained to do in this difficult situation. They shot Bui because they had to.\"\u003c/p>\n\u003cp>Bui's parents, however, are banking on an unusual outcome for their civil case.\u003c/p>\n\u003cp>Recent California case law holds officers accountable if they unreasonably create a dangerous situation that leads to deadly force. And the 9th U.S. Circuit Court of Appeals ruled the jury could find \"that the relatively slight and somewhat impaired Bui, who made no threatening motions with the small blade in the officers' presence, did not present a significant threat of death or serious physical injury.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"They will tell you they were afraid for themselves and the teenagers,\" Snell said. \"They will also tell you if they had known he was mentally challenged, they wouldn’t have done anything differently. Ladies and gentlemen, that is unacceptable.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 4:50 p.m. Tuesday, March 20:\u003c/strong> A federal jury found in favor of two San Francisco police officers Tuesday who fatally shot a mentally ill man in his home as he walked toward them with an X-Acto knife in his hand.\u003c/p>\n\u003cp>The verdict marks an end point to over seven years of litigation over the December 2010 death of Vinh \"Tony\" Bui. San Francisco lost a pretrial appeal to the 9th Circuit in which \u003ca href=\"https://www.courthousenews.com/wp-content/uploads/2017/06/Ninth.Knife_.Memo_.pdf\" target=\"_blank\" rel=\"noopener\">judges wrote\u003c/a> that a jury could find \"the relatively slight and somewhat impaired Bui, who made no threatening motions with the small blade in the officers' presence, did not present a significant threat of death or serious physical injury.\"\u003c/p>\n\u003cp>But after a week-long trial and about four hours of deliberation, the jury found in favor of officers Austin Wilson and Timothy Ortiz. Specifically, the jury found neither officer used excessive force when they shot Bui, and neither officer was negligent.\u003c/p>\n\u003cp>\"While we are grateful for a verdict in favor of the officers and the City, there are no winners or losers in cases like these. Any loss of life is tragic,\" Deputy City Attorney Sean Connolly said in a written statement. \"Police officers have a difficult and unenviable job and are frequently called upon to make life and death decisions in dangerous and evolving circumstances. We appreciate that the jury took the time to consider the facts and the law before ruling in the officers’ favor.\"\u003c/p>\n\u003cp>Plaintiff's attorneys did not respond to request for comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Original Post 4:08 p.m. March 7:\u003c/strong> Chien Van Bui and his wife, Ai Huynh, went to great lengths over the life of their mentally ill son, Vinh \"Tony\" Bui, to shield him from dangerous, potentially violent situations. They succeeded until late 2010, when he was fatally shot at age 46 in the living room of the family's San Francisco home by two city police officers.\u003c/p>\n\u003cp>Bui's death is the subject of a federal civil rights trial that opened Wednesday after nearly eight years of pretrial litigation and a \u003ca href=\"https://www.courthousenews.com/ninth-circuit-wont-let-sp-police-officers-off-killing/\" target=\"_blank\" rel=\"noopener\">recent appellate ruling\u003c/a> that SFPD officers Timothy Ortiz and Austin Wilson are not automatically immune from liability.\u003c/p>\n\u003cp>Tony Bui was born in Vietnam in the early 1960s, according to the plaintiff's opening statement, as U.S. involvement in the Vietnam War was escalating. His father was a soldier in the Army of the Republic of Vietnam -- allied with the U.S. -- and his mother took care of Bui and his four siblings.\u003c/p>\n\u003cp>In 1975, the Vietnam War ended, and the elder Bui was out of a job. The family scraped by selling handwoven baskets, which Tony Bui helped deliver. But five years later, his parents began to worry he would be drafted, \"and because he was slow, he would not survive,\" plaintiff's attorney Karen Leigh Snell told the jury.\u003c/p>\n\u003cp>Family members living in the U.S. were able to sponsor Bui's immigration, Snell said. He and one sister moved to San Francisco, by way of a refugee camp in Thailand.\u003c/p>\n\u003cp>Bui was a busboy for several years while family members worked to sponsor immigration for his parents, Snell said. Eventually, the extended family was reunited and living in a three-bedroom house in San Francisco's Portola neighborhood.\u003c/p>\n\u003cp>“He was a beloved member of a close-knit family, and they miss him,” Snell said.\u003c/p>\n\u003cp>The house was more crowded than usual on Dec. 29, 2010 -- Bui's then 15-year-old niece, Melina Herrera, was hosting a gathering for more than a dozen classmates.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>S.F. Police Shooting Raises Questions About City's Response to Psychiatric Crises\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11317958/s-f-police-shooting-raises-questions-about-citys-response-to-psychiatric-crises\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/02/CIT-S12544_alt_564-1180x777.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>Deployment of specially trained officers remains spotty. Department says changes are coming, including training for every officer.\u003c/p>\n\u003c/aside>\n\u003cp>\"It was winter break and we were all hanging out,\" Herrera, now a 22-year-old San Francisco State University student, testified after opening statements Wednesday. \"My parents were super welcoming.\"\u003c/p>\n\u003cp>But there was a family rule scrawled on paper signs throughout the house. They said, with some variation: \"Do Not Slam the Door.\"\u003c/p>\n\u003cp>The sound of a slamming door was known to send Bui into a crisis. By then he had been diagnosed with schizophrenia.\u003c/p>\n\u003cp>\"Slamming the door was something that would cause him to act differently,\" Herrera said.\u003c/p>\n\u003cp>One of the teenagers slammed the bathroom door, and Herrera got word in the backyard that there was an issue with her uncle, she testified. She went inside to check it out, and waited for her friend, Sharon Hong, to come out of the bathroom. When she did, Tony Bui appeared behind her.\u003c/p>\n\u003cp>\"Sharon was walking toward me ... and Sharon shrieked,\" Herrera said. \"I thought Tony had slapped her in the back.\"\u003c/p>\n\u003cp>Actually, Bui had punctured Hong's back with a small razor-sharp X-Acto knife he used to open mail, Herrera testified. Photographs of the wound shown in court during the plaintiff's opening statement show a tiny red mark near the center of the teen's lower back.\u003c/p>\n\u003cp>Herrera called her mother \"because she's the person I would ask what to do next,\" she testified, \"because Tony was in the state of mind where typically he would go to San Francisco General Hospital.\"\u003c/p>\n\u003cp>That had happened once about 10 years earlier, according to \u003ca href=\"https://www.sfchronicle.com/bayarea/article/S-F-police-killing-of-mentally-ill-man-exposes-6797077.php\" target=\"_blank\" rel=\"noopener\">reporting by the San Francisco Chronicle\u003c/a>, and SFPD officers had calmly persuaded Bui to go with them to the hospital.\u003c/p>\n\u003cp>But this time would be different.\u003c/p>\n\u003cp>SFPD officers Austin Wilson and Timothy Ortiz responded to Herrera's call about the stabbing shortly before 4 p.m., followed a few seconds later by Inspector Kevin Whitfield. And although a dispatcher broadcast multiple times that the call involved a person with mental illness, the officers would later say they didn't know that information.\u003c/p>\n\u003cp>At the door, the officers talked to Cindy Tran, one of Bui's sisters and the only adult home at the time.\u003c/p>\n\u003cp>\"Cindy Tran told the officers nothing happened,\" Deputy City Attorney Sean Connolly said during the defense's opening statement. \"She inserts confusion into the situation.\"\u003c/p>\n\u003cp>Ortiz broadcast back to dispatch that the call appeared to have no merit and that the officers were sorting out what exactly had happened.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>More Than Half of Those Killed by San Francisco Police Are Mentally Ill\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2014/09/RS12546_Dial-it-down-feature-image.jpg-alt_155-1038x576.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>Bay Area police are adopting new techniques for responding to people in psychiatric crisis.\u003c/p>\n\u003c/aside>\n\u003cp>Whitfield, a seasoned investigator, \"knew something wasn't right,\" Connolly said. \"He could see in that living room 10 to 20 teenagers sitting very quietly. He had a suspicion that the police were not getting the full story.\"\u003c/p>\n\u003cp>Connolly continued: \"He said, 'Someone called about a stabbing. Was anyone here stabbed?' \"\u003c/p>\n\u003cp>Several of the teens gestured to Hong, who lifted a sweater to reveal a several-inch blood stain that had seeped into a white undershirt, shown on a photograph the defense displayed in court.\u003c/p>\n\u003cp>Now, Connolly said, the officers were dealing with an emergency, and didn't have time to make any kind of plan.\u003c/p>\n\u003cp>“The problem, fundamentally, with plaintiff’s case and all the things they think could have happened or should have happened -- there was no time to do any of those things,” Connolly said.\u003c/p>\n\u003cp>The group of kids directed them toward the back of the house, and the officers converged around the closed bathroom door. They ordered Bui out, and he emerged, still holding the small razor blade.\u003c/p>\n\u003cp>Tran began yelling at the officers, \"Police man, he's mental!\" plaintiff's attorney Snell told the jury. \"The officers told her to get back,\" she said.\u003c/p>\n\u003cp>They ordered Bui to drop the knife, but it's not clear he understood what was happening, Snell said.\u003c/p>\n\u003cp>\"Cindy could see Tony’s face,\" Snell said. \"She’ll tell you he looked pale, scared and confused.\"\u003c/p>\n\u003cp>The officers backed up some 12 to 15 feet into the living room full of people as Bui moved forward.\u003c/p>\n\u003cp>\"Tony paused at the threshold between the hallway and the living room, and these two officers opened fire,\" Snell said.\u003c/p>\n\u003cp>Ortiz fired twice, missing once and hitting Bui once in the chest, Snell said. Wilson fired once and also hit Bui.\u003c/p>\n\u003cp>\"He died 45 minutes later,\" Snell said. \"A reasonable officer in their situation would not have shot and killed my client's son.\"\u003c/p>\n\u003cp>Snell argued the officers had plenty of time to understand the situation, come up with a plan and consider alternatives that may have saved Bui's life. She said that the house was calm, and no one was in danger when they arrived.\u003c/p>\n\u003cp>But Connolly argued that time is not something patrol officers have, despite evolution of SFPD policies since the Bui shooting that emphasize \"\u003ca href=\"https://www.kqed.org/news/10928749/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting\" target=\"_blank\" rel=\"noopener\">time and distance\u003c/a>\" when officers are confronting mentally ill suspects armed with bladed weapons.\u003c/p>\n\u003cp>\"This case boils down to 74 seconds,\" he said, referencing the time between the officers' first conversation with Tran at the home and the moment they broadcast that shots had been fired. \"They shot Bui because that's what they are trained to do in this difficult situation. They shot Bui because they had to.\"\u003c/p>\n\u003cp>Bui's parents, however, are banking on an unusual outcome for their civil case.\u003c/p>\n\u003cp>Recent California case law holds officers accountable if they unreasonably create a dangerous situation that leads to deadly force. And the 9th U.S. Circuit Court of Appeals ruled the jury could find \"that the relatively slight and somewhat impaired Bui, who made no threatening motions with the small blade in the officers' presence, did not present a significant threat of death or serious physical injury.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"They will tell you they were afraid for themselves and the teenagers,\" Snell said. \"They will also tell you if they had known he was mentally challenged, they wouldn’t have done anything differently. Ladies and gentlemen, that is unacceptable.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 12:50 p.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco police officers will call Tasers weapons, and they will have them.\u003c/p>\n\u003cp>A disagreement over terminology -- \"electronic control devices\" versus \"electronic control weapons\" -- was the first of 11 details that police commissioners hashed out at a meeting Wednesday night. In the end they approved a policy that paves the way for every San Francisco beat cop to carry a Taser.\u003c/p>\n\u003cp>It was a relatively quiet end to over a decade of debate and bids from at least three previous police chiefs, headed off each time by opponents who believe the ranged electric-shock weapons are prone to abuse and more deadly than their manufacturer admits.\u003c/p>\n\u003cp>\"In order to have credibility with the public, we need to be honest about what this thing is, and it's a weapon,\" Commissioner Robert Hirsch said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The new Police Department general order on electronic control weapons comes as the officers' labor union -- a longtime proponent of Tasers -- has pushed a measure that will be on the city's June ballot. If voters approve \u003ca href=\"http://sfgov.org/elections/sites/default/files/Documents/candidates/TitleAndSummary_UseOfTasersBySanFranciscoPoliceOfficers.pdf\" target=\"_blank\" rel=\"noopener\">Proposition H\u003c/a>, it would require the Police Department to purchase and deploy the weapons.\u003c/p>\n\u003cp>Police Chief William Scott and members of the Police Commission \u003ca href=\"http://sfgov.org/elections/sites/default/files/Documents/BSC/2018%20June/8-Department_Analysis-SFPD.pdf\" target=\"_blank\" rel=\"noopener\">oppose the measure\u003c/a> because it would take control over Taser policy out of their hands.\u003c/p>\n\u003cp>\u003cstrong>Commission's Policy\u003c/strong>\u003c/p>\n\u003cp>Hirsch brought a series of amendments that removed a definition of \"assaultive\" from the general order and restricted the officers from using Tasers based only on the threat of an assault.\u003c/p>\n\u003cp>\"For example, if somebody is sitting against a wall and the officer is trying to arrest that person and the person who’s sitting down says, ‘I’m going to kick your ass,’ that’s an attempt to assault or batter someone,\" Hirsch said. \"And I don’t want a Taser used in a situation like that.\"\u003c/p>\n\u003cp>The final policy allows officers to use Tasers when someone -- either armed or unarmed -- is injuring or threatening to injure someone and \"there is a reasonable belief that the subject has the intent and capability of carrying out the threat.\"\u003c/p>\n\u003cp>Officers can also fire Tasers at someone who is violently resisting arrest.\u003c/p>\n\u003cp>The policy also allows officers to use the weapons in \"drive-stun\" mode. The normal \"probe mode\" fires two probes attached to wires that complete an electric circuit when they stick in someone's skin, causing involuntary muscle contractions and temporarily incapacitating the person.\u003c/p>\n\u003cp>Drive-stun mode delivers a direct, localized shock from the front of a Taser and doesn't cause the same level of muscle contractions. But it hurts.\u003c/p>\n\u003cp>\"The drive-stun mode does not incapacitate,\" said Commissioner Petra DeJesus, saying using it is torture. \"It is just purely to inflict pain.\"\u003c/p>\n\u003cp>Scott said there are legitimate uses for drive-stun, such as if an officer is in a fistfight with a suspect, and the majority of commissioners agreed to allow it.\u003c/p>\n\u003cp>The commission's Taser policy also includes a list of populations that officers should give \"special consideration\" to when deciding whether to use a Taser, including elderly people, pregnant women, children and people with severe mental illness.\u003c/p>\n\u003cp>Commissioner Bill Hing tried unsuccessfully to further restrict Taser use on those people.\u003c/p>\n\u003cp>\"We make sure that it’s clear that you don’t use Tasers on anybody on this list because of the potential harm to them,\" he said. \"That’s why we have this list.\"\u003c/p>\n\u003cp>Hing's amendment was voted down.\u003c/p>\n\u003cp>\u003cstrong>Proposition H\u003c/strong>\u003c/p>\n\u003cp>Scott \u003ca href=\"https://missionlocal.org/2018/03/sf-police-chief-scott-rejects-taser-measure-enrages-police-union-and-salvages-any-claim-to-being-a-reformer/\" target=\"_blank\" rel=\"noopener\">opposed the union's ballot measure\u003c/a> as \"the antithesis\" of a broad federal reform effort he was hired to carry out.\u003c/p>\n\u003cp>San Francisco Police Officers Association president Martin Halloran praised the vote in an SFPOA statement released Thursday.\u003c/p>\n\u003cp>\"Common sense and public safety won last night! Under pressure from the SFPOA's ballot measure, the police commission finally stopped dithering. They knew our measure had overwhelming support from the public and so they finally took action and passed a Tasers measure,\" Halloran said in the statement.\u003c/p>\n\u003cp>SFPOA leadership has said they may abandon support of their own ballot initiative if the city moves to arm officers with Tasers by the end of the year, but that appears contingent on the union's ability to further shape the policy through negotiations, called meet and confer.\u003c/p>\n\u003cp>Halloran was also critical of the political process preceding the vote.\u003c/p>\n\u003cp>\"Unfortunately, as usual, the Police Commission process was a shambles. In trying to appease every anti-public safety naysayer, the Commission has not yet issued the final policy. So we do not yet have a copy of what was passed. We will review the policy; determine where we need to meet and confer to improve it; and get it finalized quickly,\" Halloran wrote in the statement.\u003c/p>\n\u003cp>The commission passed a policy, but broke with recent practice and is not inviting further negotiation from the union. The meet and confer process has stalled major policy changes in the past few years, including \u003ca href=\"https://www.kqed.org/news/10999007/s-f-police-commission-approves-new-use-of-force-rules-union-has-sticking-points\" target=\"_blank\" rel=\"noopener\">new use-of-force rules\u003c/a>.\u003c/p>\n\u003cp>\"The courts have ruled you don’t have to meet and confer on this stuff,\" former ACLU attorney John Crew told the commission during public comment. \"Why are you doing it on a Taser policy, especially when they’re holding a gun to our head saying give us what you want or we’re going to spend half a million dollars to pass Prop. H?\"\u003c/p>\n\u003cp>Language that would have sent the Taser rules to negotiations was deleted.\u003c/p>\n\u003cp>\"This commission has no duty to send this to the POA,\" Commission President Julius Turman said. \"I don't need the POA’s permission.\"\u003c/p>\n\u003cp>Scott declined to reiterate his opposition to Proposition H after Wednesday night's vote, saying he'd rather focus on creating training and a review board required by the Police Commission's policy. He said Tasers could start to be deployed as soon as December.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We need to focus on what we’re doing,\" Scott said. \"I don’t want to get caught up in the clutter.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 12:50 p.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco police officers will call Tasers weapons, and they will have them.\u003c/p>\n\u003cp>A disagreement over terminology -- \"electronic control devices\" versus \"electronic control weapons\" -- was the first of 11 details that police commissioners hashed out at a meeting Wednesday night. In the end they approved a policy that paves the way for every San Francisco beat cop to carry a Taser.\u003c/p>\n\u003cp>It was a relatively quiet end to over a decade of debate and bids from at least three previous police chiefs, headed off each time by opponents who believe the ranged electric-shock weapons are prone to abuse and more deadly than their manufacturer admits.\u003c/p>\n\u003cp>\"In order to have credibility with the public, we need to be honest about what this thing is, and it's a weapon,\" Commissioner Robert Hirsch said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The new Police Department general order on electronic control weapons comes as the officers' labor union -- a longtime proponent of Tasers -- has pushed a measure that will be on the city's June ballot. If voters approve \u003ca href=\"http://sfgov.org/elections/sites/default/files/Documents/candidates/TitleAndSummary_UseOfTasersBySanFranciscoPoliceOfficers.pdf\" target=\"_blank\" rel=\"noopener\">Proposition H\u003c/a>, it would require the Police Department to purchase and deploy the weapons.\u003c/p>\n\u003cp>Police Chief William Scott and members of the Police Commission \u003ca href=\"http://sfgov.org/elections/sites/default/files/Documents/BSC/2018%20June/8-Department_Analysis-SFPD.pdf\" target=\"_blank\" rel=\"noopener\">oppose the measure\u003c/a> because it would take control over Taser policy out of their hands.\u003c/p>\n\u003cp>\u003cstrong>Commission's Policy\u003c/strong>\u003c/p>\n\u003cp>Hirsch brought a series of amendments that removed a definition of \"assaultive\" from the general order and restricted the officers from using Tasers based only on the threat of an assault.\u003c/p>\n\u003cp>\"For example, if somebody is sitting against a wall and the officer is trying to arrest that person and the person who’s sitting down says, ‘I’m going to kick your ass,’ that’s an attempt to assault or batter someone,\" Hirsch said. \"And I don’t want a Taser used in a situation like that.\"\u003c/p>\n\u003cp>The final policy allows officers to use Tasers when someone -- either armed or unarmed -- is injuring or threatening to injure someone and \"there is a reasonable belief that the subject has the intent and capability of carrying out the threat.\"\u003c/p>\n\u003cp>Officers can also fire Tasers at someone who is violently resisting arrest.\u003c/p>\n\u003cp>The policy also allows officers to use the weapons in \"drive-stun\" mode. The normal \"probe mode\" fires two probes attached to wires that complete an electric circuit when they stick in someone's skin, causing involuntary muscle contractions and temporarily incapacitating the person.\u003c/p>\n\u003cp>Drive-stun mode delivers a direct, localized shock from the front of a Taser and doesn't cause the same level of muscle contractions. But it hurts.\u003c/p>\n\u003cp>\"The drive-stun mode does not incapacitate,\" said Commissioner Petra DeJesus, saying using it is torture. \"It is just purely to inflict pain.\"\u003c/p>\n\u003cp>Scott said there are legitimate uses for drive-stun, such as if an officer is in a fistfight with a suspect, and the majority of commissioners agreed to allow it.\u003c/p>\n\u003cp>The commission's Taser policy also includes a list of populations that officers should give \"special consideration\" to when deciding whether to use a Taser, including elderly people, pregnant women, children and people with severe mental illness.\u003c/p>\n\u003cp>Commissioner Bill Hing tried unsuccessfully to further restrict Taser use on those people.\u003c/p>\n\u003cp>\"We make sure that it’s clear that you don’t use Tasers on anybody on this list because of the potential harm to them,\" he said. \"That’s why we have this list.\"\u003c/p>\n\u003cp>Hing's amendment was voted down.\u003c/p>\n\u003cp>\u003cstrong>Proposition H\u003c/strong>\u003c/p>\n\u003cp>Scott \u003ca href=\"https://missionlocal.org/2018/03/sf-police-chief-scott-rejects-taser-measure-enrages-police-union-and-salvages-any-claim-to-being-a-reformer/\" target=\"_blank\" rel=\"noopener\">opposed the union's ballot measure\u003c/a> as \"the antithesis\" of a broad federal reform effort he was hired to carry out.\u003c/p>\n\u003cp>San Francisco Police Officers Association president Martin Halloran praised the vote in an SFPOA statement released Thursday.\u003c/p>\n\u003cp>\"Common sense and public safety won last night! Under pressure from the SFPOA's ballot measure, the police commission finally stopped dithering. They knew our measure had overwhelming support from the public and so they finally took action and passed a Tasers measure,\" Halloran said in the statement.\u003c/p>\n\u003cp>SFPOA leadership has said they may abandon support of their own ballot initiative if the city moves to arm officers with Tasers by the end of the year, but that appears contingent on the union's ability to further shape the policy through negotiations, called meet and confer.\u003c/p>\n\u003cp>Halloran was also critical of the political process preceding the vote.\u003c/p>\n\u003cp>\"Unfortunately, as usual, the Police Commission process was a shambles. In trying to appease every anti-public safety naysayer, the Commission has not yet issued the final policy. So we do not yet have a copy of what was passed. We will review the policy; determine where we need to meet and confer to improve it; and get it finalized quickly,\" Halloran wrote in the statement.\u003c/p>\n\u003cp>The commission passed a policy, but broke with recent practice and is not inviting further negotiation from the union. The meet and confer process has stalled major policy changes in the past few years, including \u003ca href=\"https://www.kqed.org/news/10999007/s-f-police-commission-approves-new-use-of-force-rules-union-has-sticking-points\" target=\"_blank\" rel=\"noopener\">new use-of-force rules\u003c/a>.\u003c/p>\n\u003cp>\"The courts have ruled you don’t have to meet and confer on this stuff,\" former ACLU attorney John Crew told the commission during public comment. \"Why are you doing it on a Taser policy, especially when they’re holding a gun to our head saying give us what you want or we’re going to spend half a million dollars to pass Prop. H?\"\u003c/p>\n\u003cp>Language that would have sent the Taser rules to negotiations was deleted.\u003c/p>\n\u003cp>\"This commission has no duty to send this to the POA,\" Commission President Julius Turman said. \"I don't need the POA’s permission.\"\u003c/p>\n\u003cp>Scott declined to reiterate his opposition to Proposition H after Wednesday night's vote, saying he'd rather focus on creating training and a review board required by the Police Commission's policy. He said Tasers could start to be deployed as soon as December.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We need to focus on what we’re doing,\" Scott said. \"I don’t want to get caught up in the clutter.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Ten San Francisco police officers fired approximately 99 rounds at a 19-year-old who was hiding in the trunk of a Honda Civic, allegedly armed with a gun, fatally striking him about 25 times last week in San Francisco's Mission District, police revealed Monday at a town hall meeting.\u003c/p>\n\u003cp>\u003ca href=\"http://sanfranciscopolice.org/article/notes-used-during-presentation-march-12-2018-town-hall-address-march-6-2018-officer-involved\" target=\"_blank\" rel=\"noopener\">Police released\u003c/a> several different videos of the incident at a town hall meeting Monday night. Some of the videos capture the suspect, Jesus Adolfo Delgado-Duarte, firing a single round from the open trunk just before police returned fire.\u003c/p>\n\u003cp>Hundreds of Mission residents packed the auditorium of Cesar Chavez Elementary School for the meeting, including the family of Delgado-Duarte, who was shot and killed by officers on March 6 about 11 p.m. near the corner of Capp and 21st streets.\u003c/p>\n\u003cp>The incident began about a half an hour before that, when two people reported being robbed at gunpoint by the occupants of a black Honda Civic, according to the Police Department.\u003c/p>\n\u003cp>At least one video shows Delgado-Duarte running from the sidewalk and jumping into the trunk of a black Honda just before a patrol car arrives and pulls the Honda over, followed by several other police cars soon after.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A body-worn camera shows officers yelling several commands at the driver, identified as 19-year-old Victor Navarro Flores, to exit the vehicle before he eventually does so and is detained. Officers then yelled several commands at Delgado-Duarte, first in English and then in Spanish, as he lay in the Honda's trunk, which was ajar.\u003c/p>\n\u003cp>One video shows a beanbag round fired at Delgado-Duarte, and it appears to hit him in the leg. A short time later Delgado-Duarte appeared to fire a handgun from inside the trunk. That's when officers fired their weapons, killing him.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>SFPD Officers Fired 65 Shots at Suspect, and No One Was Hit\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11652681/sfpd-shootout-officers-fired-65-shots-at-suspect-and-no-one-was-hit\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2018/02/SFPD-180217-1180x663.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11652681/sfpd-shootout-officers-fired-65-shots-at-suspect-and-no-one-was-hit\" target=\"_blank\" rel=\"noopener\">Officers responded\u003c/a> to two gunshots from inside an RV with a 10-second fusillade. The suspect, wanted for homicide, surrendered after the firing stopped.\u003c/p>\n\u003c/aside>\n\u003cp>After the shooting, an 18-year-old woman who was still inside the car was ordered out and detained. She was apparently uninjured.\u003c/p>\n\u003cp>Officers later recovered a 9mm handgun from the Honda's trunk, police said.\u003c/p>\n\u003cp>Police have not yet released the names of the 10 officers who fired their weapons.\u003c/p>\n\u003cp>In attendance at the meeting were San Francisco Police Department Chief William Scott, Major Crimes Unit Capt. Valerie Matthews, Mission District Capt. Gaetano Caltagirone and Paul Henderson, executive director of the Department of Police Accountability.\u003c/p>\n\u003cp>A visibly upset crowd reacted to the videos, at times shouting \"murderers!\" in Spanish.\u003c/p>\n\u003cp>Susana Rojas, a spokeswoman for Delgado-Duarte's family, said, \"We don't know what happened that night. ... But that wasn't who they knew.\"\u003c/p>\n\u003cp>Rojas described Delgado-Duarte as family-oriented man who was saving up to buy his father a car so that his father didn't have to walk because he had recently had a toe amputated because of diabetes.\u003c/p>\n\u003cp>Delgado-Duarte had lived most of his life in San Francisco. He came from Mexico with his family when he was young and attended Bryant Elementary School, Aptos Middles School and Life Learning Academy Charter School, according to Rojas.\u003c/p>\n\u003cp>Delgado-Duarte's death is being investigated by several agencies separately, including the Police Department's homicide detail, the San Francisco District Attorney's Office, the Department of Police Accountability and the SFPD Internal Affairs Division.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ten San Francisco police officers fired approximately 99 rounds at a 19-year-old who was hiding in the trunk of a Honda Civic, allegedly armed with a gun, fatally striking him about 25 times last week in San Francisco's Mission District, police revealed Monday at a town hall meeting.\u003c/p>\n\u003cp>\u003ca href=\"http://sanfranciscopolice.org/article/notes-used-during-presentation-march-12-2018-town-hall-address-march-6-2018-officer-involved\" target=\"_blank\" rel=\"noopener\">Police released\u003c/a> several different videos of the incident at a town hall meeting Monday night. Some of the videos capture the suspect, Jesus Adolfo Delgado-Duarte, firing a single round from the open trunk just before police returned fire.\u003c/p>\n\u003cp>Hundreds of Mission residents packed the auditorium of Cesar Chavez Elementary School for the meeting, including the family of Delgado-Duarte, who was shot and killed by officers on March 6 about 11 p.m. near the corner of Capp and 21st streets.\u003c/p>\n\u003cp>The incident began about a half an hour before that, when two people reported being robbed at gunpoint by the occupants of a black Honda Civic, according to the Police Department.\u003c/p>\n\u003cp>At least one video shows Delgado-Duarte running from the sidewalk and jumping into the trunk of a black Honda just before a patrol car arrives and pulls the Honda over, followed by several other police cars soon after.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A body-worn camera shows officers yelling several commands at the driver, identified as 19-year-old Victor Navarro Flores, to exit the vehicle before he eventually does so and is detained. Officers then yelled several commands at Delgado-Duarte, first in English and then in Spanish, as he lay in the Honda's trunk, which was ajar.\u003c/p>\n\u003cp>One video shows a beanbag round fired at Delgado-Duarte, and it appears to hit him in the leg. A short time later Delgado-Duarte appeared to fire a handgun from inside the trunk. That's when officers fired their weapons, killing him.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>SFPD Officers Fired 65 Shots at Suspect, and No One Was Hit\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11652681/sfpd-shootout-officers-fired-65-shots-at-suspect-and-no-one-was-hit\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2018/02/SFPD-180217-1180x663.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11652681/sfpd-shootout-officers-fired-65-shots-at-suspect-and-no-one-was-hit\" target=\"_blank\" rel=\"noopener\">Officers responded\u003c/a> to two gunshots from inside an RV with a 10-second fusillade. The suspect, wanted for homicide, surrendered after the firing stopped.\u003c/p>\n\u003c/aside>\n\u003cp>After the shooting, an 18-year-old woman who was still inside the car was ordered out and detained. She was apparently uninjured.\u003c/p>\n\u003cp>Officers later recovered a 9mm handgun from the Honda's trunk, police said.\u003c/p>\n\u003cp>Police have not yet released the names of the 10 officers who fired their weapons.\u003c/p>\n\u003cp>In attendance at the meeting were San Francisco Police Department Chief William Scott, Major Crimes Unit Capt. Valerie Matthews, Mission District Capt. Gaetano Caltagirone and Paul Henderson, executive director of the Department of Police Accountability.\u003c/p>\n\u003cp>A visibly upset crowd reacted to the videos, at times shouting \"murderers!\" in Spanish.\u003c/p>\n\u003cp>Susana Rojas, a spokeswoman for Delgado-Duarte's family, said, \"We don't know what happened that night. ... But that wasn't who they knew.\"\u003c/p>\n\u003cp>Rojas described Delgado-Duarte as family-oriented man who was saving up to buy his father a car so that his father didn't have to walk because he had recently had a toe amputated because of diabetes.\u003c/p>\n\u003cp>Delgado-Duarte had lived most of his life in San Francisco. He came from Mexico with his family when he was young and attended Bryant Elementary School, Aptos Middles School and Life Learning Academy Charter School, according to Rojas.\u003c/p>\n\u003cp>Delgado-Duarte's death is being investigated by several agencies separately, including the Police Department's homicide detail, the San Francisco District Attorney's Office, the Department of Police Accountability and the SFPD Internal Affairs Division.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Seven San Francisco police officers fired some 65 rounds at a homicide suspect on Feb. 17 after he shot a handgun twice from inside a parked RV, according to a description of the incident, \u003ca href=\"http://sanfranciscopolice.org/article/notes-used-during-presentation-february-27-2018-town-hall-address-february-17th-2018-officer\" target=\"_blank\" rel=\"noopener\">released Tuesday night along with videos\u003c/a> from the officers' body cameras.\u003c/p>\n\u003cp>No one was hit by the gunfire.\u003c/p>\n\u003cp>The chain of events that led to the shootout began the evening of Feb. 16, when police responded to reports of gunshots in the northwest corner of the Haight-Ashbury district, bordering Golden Gate Park and south of the Panhandle. They found two people suffering from apparent gunshot wounds. One was pronounced dead at the scene.\u003c/p>\n\u003cp>Police linked the homicide and a nearby carjacking to the same suspect, identified as Joel Armstrong.\u003c/p>\n\u003cp>Nearly six hours later, just after midnight Feb. 17, officers in the city's Design District, north of Potrero Hill, noticed the stolen car parked behind an RV on Alameda Street between De Haro and Rhode Island streets.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>An officer \"peered into a window of the RV\" and saw Armstrong, according to the Police Department's description of the incident. \u003ca href=\"https://vimeo.com/257802564\" target=\"_blank\" rel=\"noopener\">One\u003c/a> of seven body-camera \u003ca href=\"https://vimeo.com/sfpd\" target=\"_blank\" rel=\"noopener\">videos\u003c/a> released by the Police Department shows an officer rush back to his colleagues after looking in the window.\u003c/p>\n\u003cp>\"Hey, we got him! We got him,\" the officer says. \"He's in there! He's in there!\"\u003c/p>\n\u003cp>The body-camera footage shows several officers assembling behind the RV. They ordered people out of the vehicle -- police say three occupants emerged, including a woman with a large barking dog visible on the videos. The officers ordered her to stay down and hold the dog while they continued to call out Armstrong.\u003c/p>\n\u003cp>Then two shots the Police Department says were fired from inside the RV rang out. Video shows officers scrambling for cover and beginning to fire. One fell, then another tripped over him. They both continued firing.\u003c/p>\n\u003cp>A total of seven officers unleashed a fusillade from handguns and assault rifles at the RV for more than 10 seconds. The woman with the dog appeared to still be near the vehicle, though her figure is redacted in the video.\u003c/p>\n\u003cp>Police then moved back and continued to order Armstrong out.\u003c/p>\n\u003cp>Armstrong, 31, surrendered at 2:15 a.m. He's charged with murder, eight counts of attempted murder, carjacking, being a felon in possession of a firearm, discharge of a firearm and receiving stolen property, according to the Police Department.\u003c/p>\n\u003cp>The department identified the officers who fired their weapons as Glennon Griffin, Anthony Sharron, Robby Wilkom, Matthew Nazar, Gregory Buhagiar, Steven Oesterich and Christopher Cotter.\u003c/p>\n\u003cp>Police homicide and internal affairs investigations into the incident are ongoing. The District Attorney's Office and Department of Police Accountability are also investigating.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>SFPD Commander Greg McEachern told the \u003ca href=\"http://www.sfexaminer.com/sfpd-release-footage-officers-firing-65-rounds-shootout/\" target=\"_blank\" rel=\"noopener\">San Francisco Examiner\u003c/a> at a Tuesday night meeting about the shooting that officers would be interviewed \"to determine why they shot the number of shots that they fired.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Seven San Francisco police officers fired some 65 rounds at a homicide suspect on Feb. 17 after he shot a handgun twice from inside a parked RV, according to a description of the incident, \u003ca href=\"http://sanfranciscopolice.org/article/notes-used-during-presentation-february-27-2018-town-hall-address-february-17th-2018-officer\" target=\"_blank\" rel=\"noopener\">released Tuesday night along with videos\u003c/a> from the officers' body cameras.\u003c/p>\n\u003cp>No one was hit by the gunfire.\u003c/p>\n\u003cp>The chain of events that led to the shootout began the evening of Feb. 16, when police responded to reports of gunshots in the northwest corner of the Haight-Ashbury district, bordering Golden Gate Park and south of the Panhandle. They found two people suffering from apparent gunshot wounds. One was pronounced dead at the scene.\u003c/p>\n\u003cp>Police linked the homicide and a nearby carjacking to the same suspect, identified as Joel Armstrong.\u003c/p>\n\u003cp>Nearly six hours later, just after midnight Feb. 17, officers in the city's Design District, north of Potrero Hill, noticed the stolen car parked behind an RV on Alameda Street between De Haro and Rhode Island streets.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>An officer \"peered into a window of the RV\" and saw Armstrong, according to the Police Department's description of the incident. \u003ca href=\"https://vimeo.com/257802564\" target=\"_blank\" rel=\"noopener\">One\u003c/a> of seven body-camera \u003ca href=\"https://vimeo.com/sfpd\" target=\"_blank\" rel=\"noopener\">videos\u003c/a> released by the Police Department shows an officer rush back to his colleagues after looking in the window.\u003c/p>\n\u003cp>\"Hey, we got him! We got him,\" the officer says. \"He's in there! He's in there!\"\u003c/p>\n\u003cp>The body-camera footage shows several officers assembling behind the RV. They ordered people out of the vehicle -- police say three occupants emerged, including a woman with a large barking dog visible on the videos. The officers ordered her to stay down and hold the dog while they continued to call out Armstrong.\u003c/p>\n\u003cp>Then two shots the Police Department says were fired from inside the RV rang out. Video shows officers scrambling for cover and beginning to fire. One fell, then another tripped over him. They both continued firing.\u003c/p>\n\u003cp>A total of seven officers unleashed a fusillade from handguns and assault rifles at the RV for more than 10 seconds. The woman with the dog appeared to still be near the vehicle, though her figure is redacted in the video.\u003c/p>\n\u003cp>Police then moved back and continued to order Armstrong out.\u003c/p>\n\u003cp>Armstrong, 31, surrendered at 2:15 a.m. He's charged with murder, eight counts of attempted murder, carjacking, being a felon in possession of a firearm, discharge of a firearm and receiving stolen property, according to the Police Department.\u003c/p>\n\u003cp>The department identified the officers who fired their weapons as Glennon Griffin, Anthony Sharron, Robby Wilkom, Matthew Nazar, Gregory Buhagiar, Steven Oesterich and Christopher Cotter.\u003c/p>\n\u003cp>Police homicide and internal affairs investigations into the incident are ongoing. The District Attorney's Office and Department of Police Accountability are also investigating.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>SFPD Commander Greg McEachern told the \u003ca href=\"http://www.sfexaminer.com/sfpd-release-footage-officers-firing-65-rounds-shootout/\" target=\"_blank\" rel=\"noopener\">San Francisco Examiner\u003c/a> at a Tuesday night meeting about the shooting that officers would be interviewed \"to determine why they shot the number of shots that they fired.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The family of a community volunteer killed by a gun stolen from a San Francisco police officer filed a legal claim with the city Wednesday, alleging the Police Department failed to provide proper training on gun storage.\u003c/p>\n\u003cp>Abel Esquivel, 22, was killed during a robbery Aug. 15 as he walked to his mother’s house after working a late shift at a grocery store. He volunteered at the Central American Resource Center, which provides legal help to low-income Latino clients and other social services.\u003c/p>\n\u003cp>Three men were arrested and charged with murder, including an 18-year-old facing deportation who was wearing a monitoring device so federal immigration authorities could track him.\u003c/p>\n\u003cp>The family’s claim was filed at City Hall and seeks unspecified damages. It alleges that SFPD Officer Marvin Cabuntala’s loaded .38-caliber revolver — his personal weapon — was left unattended in a private car rather than stored in a lockbox in the trunk.\u003c/p>\n\u003cp>The gun reportedly went missing on Aug. 11, but wasn’t missed until it was seized during the service of a search warrant on Aug. 18, according to the claim.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>If the San Francisco Board of Supervisors rejects the claim, lawyers said they will file a wrongful death lawsuit.\u003c/p>\n\u003cp>Attorney Alison Cordova represents Esquivel’s mother. She said a state law passed in 2016 makes it a crime for law enforcement officers to leave firearms unsecured in vehicles.\u003c/p>\n\u003cp>“The unfortunate thing that we see is that the law is going unenforced against law enforcement,” Cordova said. “This officer has not been criminally charged. He is still on active duty. It’s shocking that there is a true lack of consequences.”\u003c/p>\n\u003cp>The state law, which took effect several months before Esquivel’s death, specifically applies statewide rules regarding storing and securing handguns in vehicles to active and retired law enforcement officers. Not doing so became an infraction, carrying a $1,000 fine.\u003c/p>\n\u003cp>City attorney spokesman John Cote said San Francisco lawyers are reviewing the claim.\u003c/p>\n\u003cp>“What’s clear is that Mr. Esquivel’s death was a tragedy, and we are heartbroken for his family,” Cote said. “But our office also has a legal responsibility to San Francisco’s taxpayers. Based on what we know now, the city is not liable for his death under the law.”\u003c/p>\n\u003cp>Two separate lawsuits are pending in Northern California alleging that guns stolen from law enforcement officials were used in homicides, including the fatal shooting of Kate Steinle in July 2015.\u003c/p>\n\u003cp>A Mexican man living in the country illegally who had been deported five times was charged with murder after Steinle’s death on a San Francisco pier, sparking a national debate over the country’s immigration policies.\u003c/p>\n\u003cp>Steinle was shot with a gun stolen from a Bureau of Land Management ranger. A jury acquitted Jose Ines Garcia Zarate of killing her days after he released from jail under the city’s “sanctuary city” law despite a federal request to detain him for deportation.\u003c/p>\n\u003cp>After the verdict, U.S. prosecutors charged him with illegal gun possession and he pleaded not guilty Tuesday.\u003c/p>\n\u003cp>The family of an Oakland artist is suing the U.S. Immigration and Customs Enforcement agency after a gun stolen from one of its agents was used to kill the man while he painted a mural under a freeway overpass.\u003c/p>\n\u003cp>\u003cem>Read the claim below.\u003c/em>\u003cbr>\n[documentcloud url=\"https://www.documentcloud.org/documents/4379231-Esquivel-Claim-180214\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\u003cp>\u003cem>This post contains reporting by the Associated Press.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Bill Cruz of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"mindshift": {
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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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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"pri-the-world": {
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"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
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"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
"airtime": "SAT 4pm-5pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/reveal300px.png",
"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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"link": "/radio/program/reveal",
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"rss": "http://feeds.revealradio.org/revealpodcast"
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},
"rightnowish": {
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