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"bio": "Alyssa Jeong Perry is a on-call reporter at KQED. She's had stories air on NPR and WBUR's \u003cem>Here & Now,\u003c/em> PRI's The World and WNYC's \u003cem>The Takeaway.\u003c/em> And her written stories have been published in \u003cem>The Guardian \u003c/em>and \u003cem>The Nation. \u003c/em> For her reporting on immigration, Alyssa was honored as a 2015 Ford Foundation fellow through International Center for Journalists and a 2016 Mark Felt fellow with the UC Berkeley's Investigative Reporting Program. She's also interned at \u003cem>Oregon Public Broadcasting \u003c/em>and has her masters in journalism from the UC Berkeley. Before diving deep into journalism, she lived in Korea for almost four years and traveled extensively through Central America and Asia.",
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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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"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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"disqusTitle": "S.F. Officer's Testimony Allowed to Stand -- Despite Episode of Misconduct, Dishonesty",
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"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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"title": "S.F. Officer's Testimony Allowed to Stand -- Despite Episode of Misconduct, Dishonesty | KQED",
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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",
"title": "Jury Finds in Favor of S.F. Police Officers Who Fatally Shot Mentally Ill Man",
"headTitle": "The California Report | KQED News",
"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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"excerpt": "The two officers fatally shot a mentally ill man in his home in 2010 as he walked toward them with an X-Acto knife in his hand.",
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"title": "Jury Finds in Favor of S.F. Police Officers Who Fatally Shot Mentally Ill Man | KQED",
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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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"disqusTitle": "S.F. Police Commission Passes Taser Policy",
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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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"disqusTitle": "SFPD Officers Fire Some 99 Rounds at Suspect in Car's Trunk After He Shot at Police",
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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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"disqusTitle": "SFPD Shootout: Officers Fired 65 Shots at Suspect, and No One Was Hit",
"title": "SFPD Shootout: Officers Fired 65 Shots at Suspect, and No One Was Hit",
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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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"excerpt": "The SFPD officer's loaded gun -- his personal weapon -- was left unattended in his private car, according to the claim. Four days later, it was used to kill a 23-year-old on his way home from work.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\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>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\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\u003c/p>\u003c/div>",
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"disqusTitle": "State Stepping in to Oversee San Francisco's Police Reforms",
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"content": "\u003cp>California's attorney general will assess sweeping changes at the San Francisco Police Department that were recommended by federal officials before the U.S. Department of Justice abruptly ended its oversight in September.\u003c/p>\n\u003cp>State Attorney General Xavier Becerra announced an agreement with San Francisco and its police department at SFPD headquarters Monday.\u003c/p>\n\u003cp>\"I can’t tell you how important it is to have independent eyes overseeing these reforms,\" he said. \"Accountability, transparency, confidence and trust -- they all come from giving people a sense that there will be an independent review of the work that’s being done.\"\u003c/p>\n\u003cp>Becerra said the California Department of Justice will evaluate and publicly report on how the SFPD is applying the 272 recommendations made by the DOJ under the Obama administration's Collaborative Reform Initiative.\u003c/p>\n\u003cp>Supervisor Malia Cohen, who represents the district where the fatal daylight police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/mario-woods/\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> was recorded by several bystanders in late 2015, said completing the federal reforms will answer long-ignored concerns of San Francisco's black residents.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Today feels good because it is the culmination of all those tears, the blood that has been spilled, that we stand before you recognizing that finally policies are stepping up and catching up,\" she said. \"It brings us one step closer to bringing truth and transparency to heal the rifts that we have been experiencing for generations.\"\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/news/2016/10/12/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed/\" target=\"_blank\" rel=\"noopener\">initial review\u003c/a> of the SFPD by the federal DOJ's Office of Community Oriented Policing Services -- or COPS -- found “concerning deficiencies in every operational area assessed,” including use of force, bias, community policing, accountability, recruitment, hiring and promotions. It grew from an outcry over a series of fatal police shootings in 2015 and 2016, and repeated calls from advocates and then-Mayor Ed Lee's request for a court enforceable \"pattern-or-practice\" investigation of the Police Department.\u003c/p>\n\u003cp>But that legally binding probe was \u003ca href=\"https://ww2.kqed.org/news/2016/02/01/feds-launching-comprehensive-review-of-s-f-police-department/\" target=\"_blank\" rel=\"noopener\">passed over\u003c/a> in favor of the relatively new collaborative reform program, through which the COPS office made nonbinding recommendations.\u003c/p>\n\u003cp>Over a years-long evolution of SFPD's federal oversight, San Francisco Public Defender Jeff Adachi repeatedly called for the state attorney general's office to undertake its own \"pattern-or-practice\" investigation, which is authorized by state law. Becerra's announcement Monday again falls short of that goal, however.\u003c/p>\n\u003cp>\"Under the terms and conditions of this [memorandum of understanding], the Cal DOJ is not exercising its authority under California Civil Code, section 52.3, subdivision (b),\" \u003ca href=\"https://oag.ca.gov/system/files/attachments/press_releases/DOJ%20MOU1.pdf\" target=\"_blank\" rel=\"noopener\">the agreement\u003c/a> executed Monday says. \"Cal DOJ agrees that this MOU is a collaborative effort and is not a pattern or practice investigation.\"\u003c/p>\n\u003cp>Instead, the state is taking over assessing San Francisco's progress on the federal government's nonbinding reforms.\u003c/p>\n\u003cp>In September, the U.S. Department of Justice announced that the COPS office would \u003ca href=\"https://ww2.kqed.org/news/2017/09/19/justice-department-ends-oversight-of-s-f-police-department-city-pledges-to-continue-reforms/\" target=\"_blank\" rel=\"noopener\">no longer provide resources or guidance\u003c/a>. It also advised San Francisco that it would no longer review the proposed reforms.\u003c/p>\n\u003cp>\"Unfortunately, when the U.S. Department of Justice concluded the work, they were in the process of writing the first assessment report that never got released and won’t be released,\" Police Chief William Scott said Monday. \"It’s one thing for us to report what we’re doing. It’s another thing for somebody totally independent to come in and assess what we’re doing and report to the public.\"\u003c/p>\n\u003cp>Scott said the department has made significant progress on more than half of the recommendations. SFPD has fully implemented body cameras and completely rewritten rules governing officer use of force.\u003c/p>\n\u003cp>As a result, Scott said, overall uses of force were down 18 percent in 2017, and citizen complaints of officer misconduct dropped by 9 percent.\u003c/p>\n\u003cp>SFPD has also started automatic audits of all electronic communications, such as emails and text messages, between officers on city-issued devices. That change speaks directly to a major scandal involving about a dozen officers who swapped racist, sexist and homophobic \u003ca href=\"https://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal/\" target=\"_blank\" rel=\"noopener\">text messages\u003c/a> that were unearthed in 2015 through a federal criminal investigation.\u003c/p>\n\u003cp>But much work remains, Scott said, noting that fewer than half of the recommendations on officer accountability have been carried out.\u003c/p>\n\u003cp>\"I think we’ll be here all day if I list out everything that still needs to be done,\" Scott said. \"We know we have a lot of work to do, but the point we’re trying to make here is that -- the attorney general has made it, the mayor has made it, both supervisors have made it and I’ve made it. We’re committed to doing this work and we won’t stop until it’s done.\"\u003c/p>\n\u003cp>Among issues that have yet to be addressed is an \u003ca href=\"https://ww2.kqed.org/news/2017/02/24/s-f-das-effort-to-take-lead-in-police-shooting-cases-stalls-as-officers-union-seeks-negotiation/\" target=\"_blank\" rel=\"noopener\">initiative\u003c/a> that would have the San Francisco District Attorney's Office take over officer-involved shooting investigations. The district attorney has created and staffed a specialized unit for that purpose, but the final signoff has been stalled for over a year in negotiations with the police officers union.\u003c/p>\n\u003cp>While the federal Collaborative Reform effort came with a cost-free team of attorneys and law enforcement consultants, San Francisco is now going to have to pay to get graded. The agreement with the California Department of Justice says the Police Department will hire a consultant who will report both to the state and SFPD.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The California Attorney General's Office declined to say when its first assessment of the Police Department would be completed. An SFPD official estimated it could come as soon as April.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California's attorney general will assess sweeping changes at the San Francisco Police Department that were recommended by federal officials before the U.S. Department of Justice abruptly ended its oversight in September.\u003c/p>\n\u003cp>State Attorney General Xavier Becerra announced an agreement with San Francisco and its police department at SFPD headquarters Monday.\u003c/p>\n\u003cp>\"I can’t tell you how important it is to have independent eyes overseeing these reforms,\" he said. \"Accountability, transparency, confidence and trust -- they all come from giving people a sense that there will be an independent review of the work that’s being done.\"\u003c/p>\n\u003cp>Becerra said the California Department of Justice will evaluate and publicly report on how the SFPD is applying the 272 recommendations made by the DOJ under the Obama administration's Collaborative Reform Initiative.\u003c/p>\n\u003cp>Supervisor Malia Cohen, who represents the district where the fatal daylight police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/mario-woods/\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> was recorded by several bystanders in late 2015, said completing the federal reforms will answer long-ignored concerns of San Francisco's black residents.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Today feels good because it is the culmination of all those tears, the blood that has been spilled, that we stand before you recognizing that finally policies are stepping up and catching up,\" she said. \"It brings us one step closer to bringing truth and transparency to heal the rifts that we have been experiencing for generations.\"\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/news/2016/10/12/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed/\" target=\"_blank\" rel=\"noopener\">initial review\u003c/a> of the SFPD by the federal DOJ's Office of Community Oriented Policing Services -- or COPS -- found “concerning deficiencies in every operational area assessed,” including use of force, bias, community policing, accountability, recruitment, hiring and promotions. It grew from an outcry over a series of fatal police shootings in 2015 and 2016, and repeated calls from advocates and then-Mayor Ed Lee's request for a court enforceable \"pattern-or-practice\" investigation of the Police Department.\u003c/p>\n\u003cp>But that legally binding probe was \u003ca href=\"https://ww2.kqed.org/news/2016/02/01/feds-launching-comprehensive-review-of-s-f-police-department/\" target=\"_blank\" rel=\"noopener\">passed over\u003c/a> in favor of the relatively new collaborative reform program, through which the COPS office made nonbinding recommendations.\u003c/p>\n\u003cp>Over a years-long evolution of SFPD's federal oversight, San Francisco Public Defender Jeff Adachi repeatedly called for the state attorney general's office to undertake its own \"pattern-or-practice\" investigation, which is authorized by state law. Becerra's announcement Monday again falls short of that goal, however.\u003c/p>\n\u003cp>\"Under the terms and conditions of this [memorandum of understanding], the Cal DOJ is not exercising its authority under California Civil Code, section 52.3, subdivision (b),\" \u003ca href=\"https://oag.ca.gov/system/files/attachments/press_releases/DOJ%20MOU1.pdf\" target=\"_blank\" rel=\"noopener\">the agreement\u003c/a> executed Monday says. \"Cal DOJ agrees that this MOU is a collaborative effort and is not a pattern or practice investigation.\"\u003c/p>\n\u003cp>Instead, the state is taking over assessing San Francisco's progress on the federal government's nonbinding reforms.\u003c/p>\n\u003cp>In September, the U.S. Department of Justice announced that the COPS office would \u003ca href=\"https://ww2.kqed.org/news/2017/09/19/justice-department-ends-oversight-of-s-f-police-department-city-pledges-to-continue-reforms/\" target=\"_blank\" rel=\"noopener\">no longer provide resources or guidance\u003c/a>. It also advised San Francisco that it would no longer review the proposed reforms.\u003c/p>\n\u003cp>\"Unfortunately, when the U.S. Department of Justice concluded the work, they were in the process of writing the first assessment report that never got released and won’t be released,\" Police Chief William Scott said Monday. \"It’s one thing for us to report what we’re doing. It’s another thing for somebody totally independent to come in and assess what we’re doing and report to the public.\"\u003c/p>\n\u003cp>Scott said the department has made significant progress on more than half of the recommendations. SFPD has fully implemented body cameras and completely rewritten rules governing officer use of force.\u003c/p>\n\u003cp>As a result, Scott said, overall uses of force were down 18 percent in 2017, and citizen complaints of officer misconduct dropped by 9 percent.\u003c/p>\n\u003cp>SFPD has also started automatic audits of all electronic communications, such as emails and text messages, between officers on city-issued devices. That change speaks directly to a major scandal involving about a dozen officers who swapped racist, sexist and homophobic \u003ca href=\"https://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal/\" target=\"_blank\" rel=\"noopener\">text messages\u003c/a> that were unearthed in 2015 through a federal criminal investigation.\u003c/p>\n\u003cp>But much work remains, Scott said, noting that fewer than half of the recommendations on officer accountability have been carried out.\u003c/p>\n\u003cp>\"I think we’ll be here all day if I list out everything that still needs to be done,\" Scott said. \"We know we have a lot of work to do, but the point we’re trying to make here is that -- the attorney general has made it, the mayor has made it, both supervisors have made it and I’ve made it. We’re committed to doing this work and we won’t stop until it’s done.\"\u003c/p>\n\u003cp>Among issues that have yet to be addressed is an \u003ca href=\"https://ww2.kqed.org/news/2017/02/24/s-f-das-effort-to-take-lead-in-police-shooting-cases-stalls-as-officers-union-seeks-negotiation/\" target=\"_blank\" rel=\"noopener\">initiative\u003c/a> that would have the San Francisco District Attorney's Office take over officer-involved shooting investigations. The district attorney has created and staffed a specialized unit for that purpose, but the final signoff has been stalled for over a year in negotiations with the police officers union.\u003c/p>\n\u003cp>While the federal Collaborative Reform effort came with a cost-free team of attorneys and law enforcement consultants, San Francisco is now going to have to pay to get graded. The agreement with the California Department of Justice says the Police Department will hire a consultant who will report both to the state and SFPD.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The California Attorney General's Office declined to say when its first assessment of the Police Department would be completed. An SFPD official estimated it could come as soon as April.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "S.F. to Settle Case of Amilcar Perez Lopez, Man Police Killed With Six Shots From Behind",
"title": "S.F. to Settle Case of Amilcar Perez Lopez, Man Police Killed With Six Shots From Behind",
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"content": "\u003cp>Parties in one of San Francisco's most controversial fatal police shootings in recent years reached a settlement agreement on Friday, meaning evidence in the shooting death of Amilcar Perez Lopez will never reach a jury.\u003c/p>\n\u003cp>Perez Lopez, 20, was shot from behind by plainclothes SFPD Officers Craig Tiffe and Eric Reboli on Feb. 26, 2015. It was more than a year before the Police Department would adopt body cameras, and about nine months before bystanders recorded five SFPD officers shooting Mario Woods to death. Perez Lopez's death was not captured on camera.\u003c/p>\n\u003cp>Former Police Chief Greg Suhr initially said that Tiffe and Reboli were responding to a report of a fight on Folsom Street near 24th Street and that Perez Lopez had charged at the officers with a large knife raised over his head.\u003c/p>\n\u003cp>Arnoldo Casillas, a civil rights attorney who represents Perez Lopez's Guatemalan parents, called that narrative into question when he \u003ca href=\"https://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting/\" target=\"_blank\" rel=\"noopener\">released an autopsy report\u003c/a> finding Perez Lopez was shot six times from behind.\u003c/p>\n\u003cp>\"The settlement of this case resulted from the clients' concerns for the risk at trial and -- because of their own personal circumstances -- they were unwilling to take that risk,\" Casillas said Monday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco City Attorney's Office, in a statement provided by a spokeswoman, said: \"We can confirm that we have reached a tentative settlement that contemplates dismissal of the entire lawsuit and no admission of wrongdoing. The terms of the agreement are contingent upon final approval of the Police Department and the Board of Supervisors and are not public at this time.\"\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón \u003ca href=\"https://ww2.kqed.org/news/2017/04/12/da-no-criminal-charges-for-s-f-officers-who-fatally-shot-20-year-old-from-behind/\" target=\"_blank\" rel=\"noopener\">announced last April\u003c/a> his office wouldn't charge Officers Tiffe and Reboli because there was insufficient evidence to do so. The district attorney's investigation remained open for more than two years and delayed the civil case.\u003c/p>\n\u003cp>\"If we cannot show beyond a reasonable doubt that the officers lack a reasonable justification for their actions, then we cannot charge the case,\" Gascón said when he announced his charging decision. \"I cannot, and I will not, file charges or decline to file charges due to pressure from anyone.\"\u003c/p>\n\u003cp>The case was complicated by the involvement of another man, Abraham Perez, who was allegedly fighting with Perez Lopez in the street before police arrived.\u003c/p>\n\u003cp>According to the district attorney's analysis, Reboli detained Perez in the street and was moving him toward the sidewalk as Tiffe tried to grab Perez Lopez, who broke away and allegedly slashed at the officer with \"a very large knife,\" according to a summary of Tiffe's statement to investigators.\u003c/p>\n\u003cp>Perez Lopez then allegedly ran toward Reboli, who was coming to Tiffe's aid. Tiffe fired once and Reboli fired five times.\u003c/p>\n\u003cp>According to a summary of Tiffe's statement to investigators: \"He didn’t know exactly where Abraham P. was at that point but believed he was very close and thought that Perez Lopez was going after him, so he fired his weapon one time and saw Perez Lopez fall to the ground.”\u003c/p>\n\u003cp>Civilian witnesses, including two of Perez Lopez's roommates, \u003ca href=\"https://ww2.kqed.org/news/2016/05/04/how-a-witness-to-fatal-s-f-police-shooting-of-amilcar-perez-lopez-came-forward/\" target=\"_blank\" rel=\"noopener\">disputed\u003c/a> the officers' account.\u003c/p>\n\u003cp>Florencia Rojo, a neighbor, helped broker a meeting between the witnesses and district attorney's investigators in April 2016.\u003c/p>\n\u003cp>\"I think about his friends who witnessed the shooting, who have been through so much,\" Rojo said after KQED informed her that the civil case had tentatively settled. \"There’s a part of me that is relieved that they don’t have to go to trial and live through this another time without any guarantee.\"\u003c/p>\n\u003cp>She added: \"There’s a part of me that wanted the truth to be exposed of what happened. The city really is responsible for this death. The police are responsible for this death.\"\u003c/p>\n\u003cp>Casillas said Monday that his firm spent over $100,000 preparing to bring a lawsuit in the case to trial, including retaining expert witnesses to rebut the district attorney's findings.\u003c/p>\n\u003cp>\"Every aspect of the district attorney’s basis for their refusal to prosecute the officers here was contradicted by our experts,\" Casillas said. \"Because of the settlement that won’t get much public light.\"\u003c/p>\n\u003cp>Casillas said he can't disclose the terms of the settlement, but said it contains no conditions and is simply a payment to Perez Lopez's parents, Juan Perez and Margarita Lopez Perez, who live in rural Guatemala.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"From the legal standpoint it’s the end of it, but it’s really not the end of it,\" said the Rev. Richard Smith, a Mission District priest and vicar of the Episcopal Church of St. John the Evangelist. He, like Rojo, was part of a network of advocates who worked to bring the facts of Perez Lopez's to light. \"We are very determined. We are not going to let the story go away.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Parties in one of San Francisco's most controversial fatal police shootings in recent years reached a settlement agreement on Friday, meaning evidence in the shooting death of Amilcar Perez Lopez will never reach a jury.\u003c/p>\n\u003cp>Perez Lopez, 20, was shot from behind by plainclothes SFPD Officers Craig Tiffe and Eric Reboli on Feb. 26, 2015. It was more than a year before the Police Department would adopt body cameras, and about nine months before bystanders recorded five SFPD officers shooting Mario Woods to death. Perez Lopez's death was not captured on camera.\u003c/p>\n\u003cp>Former Police Chief Greg Suhr initially said that Tiffe and Reboli were responding to a report of a fight on Folsom Street near 24th Street and that Perez Lopez had charged at the officers with a large knife raised over his head.\u003c/p>\n\u003cp>Arnoldo Casillas, a civil rights attorney who represents Perez Lopez's Guatemalan parents, called that narrative into question when he \u003ca href=\"https://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting/\" target=\"_blank\" rel=\"noopener\">released an autopsy report\u003c/a> finding Perez Lopez was shot six times from behind.\u003c/p>\n\u003cp>\"The settlement of this case resulted from the clients' concerns for the risk at trial and -- because of their own personal circumstances -- they were unwilling to take that risk,\" Casillas said Monday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco City Attorney's Office, in a statement provided by a spokeswoman, said: \"We can confirm that we have reached a tentative settlement that contemplates dismissal of the entire lawsuit and no admission of wrongdoing. The terms of the agreement are contingent upon final approval of the Police Department and the Board of Supervisors and are not public at this time.\"\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón \u003ca href=\"https://ww2.kqed.org/news/2017/04/12/da-no-criminal-charges-for-s-f-officers-who-fatally-shot-20-year-old-from-behind/\" target=\"_blank\" rel=\"noopener\">announced last April\u003c/a> his office wouldn't charge Officers Tiffe and Reboli because there was insufficient evidence to do so. The district attorney's investigation remained open for more than two years and delayed the civil case.\u003c/p>\n\u003cp>\"If we cannot show beyond a reasonable doubt that the officers lack a reasonable justification for their actions, then we cannot charge the case,\" Gascón said when he announced his charging decision. \"I cannot, and I will not, file charges or decline to file charges due to pressure from anyone.\"\u003c/p>\n\u003cp>The case was complicated by the involvement of another man, Abraham Perez, who was allegedly fighting with Perez Lopez in the street before police arrived.\u003c/p>\n\u003cp>According to the district attorney's analysis, Reboli detained Perez in the street and was moving him toward the sidewalk as Tiffe tried to grab Perez Lopez, who broke away and allegedly slashed at the officer with \"a very large knife,\" according to a summary of Tiffe's statement to investigators.\u003c/p>\n\u003cp>Perez Lopez then allegedly ran toward Reboli, who was coming to Tiffe's aid. Tiffe fired once and Reboli fired five times.\u003c/p>\n\u003cp>According to a summary of Tiffe's statement to investigators: \"He didn’t know exactly where Abraham P. was at that point but believed he was very close and thought that Perez Lopez was going after him, so he fired his weapon one time and saw Perez Lopez fall to the ground.”\u003c/p>\n\u003cp>Civilian witnesses, including two of Perez Lopez's roommates, \u003ca href=\"https://ww2.kqed.org/news/2016/05/04/how-a-witness-to-fatal-s-f-police-shooting-of-amilcar-perez-lopez-came-forward/\" target=\"_blank\" rel=\"noopener\">disputed\u003c/a> the officers' account.\u003c/p>\n\u003cp>Florencia Rojo, a neighbor, helped broker a meeting between the witnesses and district attorney's investigators in April 2016.\u003c/p>\n\u003cp>\"I think about his friends who witnessed the shooting, who have been through so much,\" Rojo said after KQED informed her that the civil case had tentatively settled. \"There’s a part of me that is relieved that they don’t have to go to trial and live through this another time without any guarantee.\"\u003c/p>\n\u003cp>She added: \"There’s a part of me that wanted the truth to be exposed of what happened. The city really is responsible for this death. The police are responsible for this death.\"\u003c/p>\n\u003cp>Casillas said Monday that his firm spent over $100,000 preparing to bring a lawsuit in the case to trial, including retaining expert witnesses to rebut the district attorney's findings.\u003c/p>\n\u003cp>\"Every aspect of the district attorney’s basis for their refusal to prosecute the officers here was contradicted by our experts,\" Casillas said. \"Because of the settlement that won’t get much public light.\"\u003c/p>\n\u003cp>Casillas said he can't disclose the terms of the settlement, but said it contains no conditions and is simply a payment to Perez Lopez's parents, Juan Perez and Margarita Lopez Perez, who live in rural Guatemala.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"From the legal standpoint it’s the end of it, but it’s really not the end of it,\" said the Rev. Richard Smith, a Mission District priest and vicar of the Episcopal Church of St. John the Evangelist. He, like Rojo, was part of a network of advocates who worked to bring the facts of Perez Lopez's to light. \"We are very determined. We are not going to let the story go away.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "S.F. Police Commissioners Want ICE Agents to Stop 'Impersonating' Police",
"title": "S.F. Police Commissioners Want ICE Agents to Stop 'Impersonating' Police",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003ca href=\"http://www.sfgate.com/bayarea/article/Feds-planning-massive-Northern-California-12502689.php\" target=\"_blank\" rel=\"noopener\">Rumors\u003c/a> of mass immigration enforcement actions in the Bay Area spurred San Francisco police commissioners to reiterate Wednesday night that local officers are barred by state and local law from helping U.S. Immigration and Customs Enforcement agents round up suspected undocumented immigrants.\u003c/p>\n\u003cp>Commissioner Petra DeJesus asked the City Attorney's Office for guidance on what can be done to stop ICE agents from wearing jackets that say \"Police,\" and sometimes representing themselves as local law enforcement. Those tactics and attire can hinder local policing, DeJesus said.\u003c/p>\n\u003cp>\"They shouldn't be calling themselves police,\" DeJesus said at a Wednesday night commission meeting. \"They’re federal agents.\"\u003c/p>\n\u003cp>DeJesus said she wants to send federal authorities a \"cease-and-desist letter to tell them to stop imitating police officers in the state of California and put federal agents on their jackets.\"\u003c/p>\n\u003cp>It's not a new concern.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In fact, state legislators \u003ca href=\"https://www.courthousenews.com/california-bans-ice-masquerading-police-officers/\" target=\"_blank\" rel=\"noopener\">passed a law\u003c/a> last year citing \"concerning\" tactics used by immigration agents and declaring that ICE and Customs and Border Protection agents are not recognized as California peace officers.\u003cbr>\n[contextly_sidebar id=\"0snlpY1hAMCKLDNEyKnqM4RAGHuvOBww\"]\u003cbr>\nBut the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1440\" target=\"_blank\" rel=\"noopener\">Assembly Bill 1440's\u003c/a> author, Ash Kalra of San Jose, acknowledged before the bill became law that it is likely unenforceable.\u003c/p>\n\u003cp>\"Recognizing that federal law preempts state law, this bill may be viewed as symbolic,\" Kalra wrote in a state Assembly analysis of the bill last summer. \"However, as California and the rest of the nation enter into a new reality of aggressive and, at times, deceitful actions undertaken to enforce immigration actions, California must take any and all necessary actions to disassociate the actions of federal ICE agents with those of licensed state and local peace officers.\"\u003c/p>\n\u003cp>Of greater concern than the words adorning ICE agents' jackets, according to immigrant advocacy groups, is the use of \"ruses\" in which agents try to get voluntary consent to enter homes without a warrant by representing themselves as police officers.\u003c/p>\n\u003cp>\"ICE permits its agents to misrepresent themselves as police officers, probation officers, religious workers and other officials to gain community members’ permission to enter homes without warrants,\" the ACLU of Southern California \u003ca href=\"https://www.aclusocal.org/en/press-releases/civil-rights-groups-demand-immigration-agents-stop-impersonating-police-officers\" target=\"_blank\" rel=\"noopener\">wrote about the issue\u003c/a> last year. \"The ruse has also been used to get individuals to volunteer information they might not otherwise divulge.\"\u003c/p>\n\u003cp>A coalition of New York-based organizations, including the Center for Constitutional Rights and Immigrant Defense Project, \u003ca href=\"https://www.immigrantdefenseproject.org/raids-foia/\" target=\"_blank\" rel=\"noopener\">has published\u003c/a> a series of ICE manuals, memos and training documents obtained through a Freedom of Information Act lawsuit. The documents show agents are trained that they can represent themselves as police officers and other officials when seeking consent to enter a home.\u003c/p>\n\u003cp>\"Ruses can run the gamut from announcing that you are with DRO and looking for a person other than the target to adopting the guise of another agency (federal, state or local) or that of a private agency,\" an August 2005 ICE memo that's cited in later guidance says. The memo says agents must seek permission from the agency or business they plan to impersonate, but there's no guarantee they won't go through with their plans over any objections.\u003c/p>\n\u003cp>\"The HQ/FOU will weigh the affected agency or entity’s equities or concerns against the well-known and inherent advantages that a ruse offers,\" the memo says. \"It is our intention to use whatever means available to ensure that officer, target and innocent third party safety is not compromised.\"\u003c/p>\n\u003cp>An undated ICE fugitive operations training slideshow encourages agents to “IDENTIFY YOURSELF AS ‘POLICE’ or ‘Federal Officers’ (DO NOT identify yourself as \u003cu>with a specific police department\u003c/u>)\" and to \"ASK FOR CONSENT TO ENTER AND Look Around (avoid the word 'search').\"\u003c/p>\n\u003cp>San Francisco Police Commissioner Thomas Mazzucco joined DeJesus' concerns Wednesday night about ICE agents being perceived as SFPD officers. He said he'd heard about San Francisco officers making immigration arrests from a member of his church.\u003c/p>\n\u003cp>\"I asked afterwards and it was ICE agents wearing jackets that said 'police,' \" Mazzucco said. \"The jackets probably should say ‘federal agent’ and not ‘police.’ That’s an issue for the safety of the officers and the agents, too.\"\u003c/p>\n\u003cp>The San Francisco City Attorney's Office declined to comment on any guidance it may give the commission, citing attorney-client privilege.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We encourage San Francisco residents to contact the City Attorney's Office or the San Francisco Police Department if an ICE agent misrepresents themself as a San Francisco police officer,\" spokesman John Coté said.\u003c/p>\n\n",
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"excerpt": "A San Francisco police commissioner wants to send federal authorities a 'cease-and-desist letter to tell them to stop imitating police officers in the state of California and put federal agents on their jackets.'\r\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://www.sfgate.com/bayarea/article/Feds-planning-massive-Northern-California-12502689.php\" target=\"_blank\" rel=\"noopener\">Rumors\u003c/a> of mass immigration enforcement actions in the Bay Area spurred San Francisco police commissioners to reiterate Wednesday night that local officers are barred by state and local law from helping U.S. Immigration and Customs Enforcement agents round up suspected undocumented immigrants.\u003c/p>\n\u003cp>Commissioner Petra DeJesus asked the City Attorney's Office for guidance on what can be done to stop ICE agents from wearing jackets that say \"Police,\" and sometimes representing themselves as local law enforcement. Those tactics and attire can hinder local policing, DeJesus said.\u003c/p>\n\u003cp>\"They shouldn't be calling themselves police,\" DeJesus said at a Wednesday night commission meeting. \"They’re federal agents.\"\u003c/p>\n\u003cp>DeJesus said she wants to send federal authorities a \"cease-and-desist letter to tell them to stop imitating police officers in the state of California and put federal agents on their jackets.\"\u003c/p>\n\u003cp>It's not a new concern.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In fact, state legislators \u003ca href=\"https://www.courthousenews.com/california-bans-ice-masquerading-police-officers/\" target=\"_blank\" rel=\"noopener\">passed a law\u003c/a> last year citing \"concerning\" tactics used by immigration agents and declaring that ICE and Customs and Border Protection agents are not recognized as California peace officers.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nBut the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1440\" target=\"_blank\" rel=\"noopener\">Assembly Bill 1440's\u003c/a> author, Ash Kalra of San Jose, acknowledged before the bill became law that it is likely unenforceable.\u003c/p>\n\u003cp>\"Recognizing that federal law preempts state law, this bill may be viewed as symbolic,\" Kalra wrote in a state Assembly analysis of the bill last summer. \"However, as California and the rest of the nation enter into a new reality of aggressive and, at times, deceitful actions undertaken to enforce immigration actions, California must take any and all necessary actions to disassociate the actions of federal ICE agents with those of licensed state and local peace officers.\"\u003c/p>\n\u003cp>Of greater concern than the words adorning ICE agents' jackets, according to immigrant advocacy groups, is the use of \"ruses\" in which agents try to get voluntary consent to enter homes without a warrant by representing themselves as police officers.\u003c/p>\n\u003cp>\"ICE permits its agents to misrepresent themselves as police officers, probation officers, religious workers and other officials to gain community members’ permission to enter homes without warrants,\" the ACLU of Southern California \u003ca href=\"https://www.aclusocal.org/en/press-releases/civil-rights-groups-demand-immigration-agents-stop-impersonating-police-officers\" target=\"_blank\" rel=\"noopener\">wrote about the issue\u003c/a> last year. \"The ruse has also been used to get individuals to volunteer information they might not otherwise divulge.\"\u003c/p>\n\u003cp>A coalition of New York-based organizations, including the Center for Constitutional Rights and Immigrant Defense Project, \u003ca href=\"https://www.immigrantdefenseproject.org/raids-foia/\" target=\"_blank\" rel=\"noopener\">has published\u003c/a> a series of ICE manuals, memos and training documents obtained through a Freedom of Information Act lawsuit. The documents show agents are trained that they can represent themselves as police officers and other officials when seeking consent to enter a home.\u003c/p>\n\u003cp>\"Ruses can run the gamut from announcing that you are with DRO and looking for a person other than the target to adopting the guise of another agency (federal, state or local) or that of a private agency,\" an August 2005 ICE memo that's cited in later guidance says. The memo says agents must seek permission from the agency or business they plan to impersonate, but there's no guarantee they won't go through with their plans over any objections.\u003c/p>\n\u003cp>\"The HQ/FOU will weigh the affected agency or entity’s equities or concerns against the well-known and inherent advantages that a ruse offers,\" the memo says. \"It is our intention to use whatever means available to ensure that officer, target and innocent third party safety is not compromised.\"\u003c/p>\n\u003cp>An undated ICE fugitive operations training slideshow encourages agents to “IDENTIFY YOURSELF AS ‘POLICE’ or ‘Federal Officers’ (DO NOT identify yourself as \u003cu>with a specific police department\u003c/u>)\" and to \"ASK FOR CONSENT TO ENTER AND Look Around (avoid the word 'search').\"\u003c/p>\n\u003cp>San Francisco Police Commissioner Thomas Mazzucco joined DeJesus' concerns Wednesday night about ICE agents being perceived as SFPD officers. He said he'd heard about San Francisco officers making immigration arrests from a member of his church.\u003c/p>\n\u003cp>\"I asked afterwards and it was ICE agents wearing jackets that said 'police,' \" Mazzucco said. \"The jackets probably should say ‘federal agent’ and not ‘police.’ That’s an issue for the safety of the officers and the agents, too.\"\u003c/p>\n\u003cp>The San Francisco City Attorney's Office declined to comment on any guidance it may give the commission, citing attorney-client privilege.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We encourage San Francisco residents to contact the City Attorney's Office or the San Francisco Police Department if an ICE agent misrepresents themself as a San Francisco police officer,\" spokesman John Coté said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Mother Sues Over Fatal S.F. Police Shooting; Attorneys Call for Criminal Charges",
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"content": "\u003cp>Attorneys representing the mother of a man shot and killed by a rookie San Francisco police officer earlier this month called the shooting a \"murder\" and \"execution\" Tuesday as they announced the filing of a federal civil rights lawsuit.\u003c/p>\n\u003cp>Keita O'Neil, 42, was killed Dec. 1, \u003ca href=\"http://sanfranciscopolice.org/article/notes-used-during-presentation-december-7th-2017-town-hall-address-december-1st-officer\" target=\"_blank\" rel=\"noopener noreferrer\">allegedly\u003c/a> after stealing a California State Lottery van and leading police on a chase.\u003c/p>\n\u003cp>O'Neil jumped from the slow-moving van after turning from Fitzgerald Avenue into a dead end in the Alice Griffith housing project in San Francisco's Bayview neighborhood as a police squad car followed close behind.\u003c/p>\n\u003cp>[contextly_sidebar id=\"W1ty6Fpy1esj8Np9yOnXgoXTrNR296Ha\"]\u003c/p>\n\u003cp>Officer Christopher Samayoa drew his service weapon while the squad car was still moving and fired a single shot through the squad car's passenger-side window that struck O'Neil, according to the Police Department and a few seconds of video from Samayoa's body camera.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Samayoa activated his camera only after the shooting occurred, but since the device pre-records 30 seconds of video before it's activated, it captured images (but not sound) of the shooting.\u003c/p>\n\u003cp>Police have said they found no weapons on O'Neil, and attorneys representing his mother, Judy O'Neil, say there was no threat to Samayoa or a field training officer driving the squad car.\u003c/p>\n\u003cp>\"In my view, this is flat-out deliberate, premeditated murder,\" attorney John Burris said at a press conference Tuesday. \"There cannot be a clearer example of shooting an unarmed man without just cause than we have in this case.\"\u003c/p>\n\u003cp>He referenced \u003ca href=\"https://vimeo.com/246324533\" target=\"_blank\" rel=\"noopener noreferrer\">video\u003c/a> from Samayoa's body camera, which shows him draw his gun and appear to aim before O'Neil's head appears briefly in the frame.\u003c/p>\n\u003cp>\"He did pull the gun out early and he sort of trained the gun, so to us that was a deliberate act, and the kind of deliberate act that says 'I’m going to shoot this person when he comes by, regardless,' \" Burris said.\u003c/p>\n\u003cp>The Police Department did not respond to inquiries Tuesday about the lawsuit and duty status of Samayoa, who was placed on administrative leave after the incident per department protocol.\u003c/p>\n\u003cp>A spokesman for the San Francisco City Attorney's Office, which defends the city and its employees in civil litigation, said attorneys are reviewing the complaint and investigations into the shooting are ongoing.\u003c/p>\n\u003cp>\"What we do know is that at the time of the incident, the decedent was driving a van that had been carjacked, the driver of the van had been assaulted during the carjacking, and the decedent was leading the police on a high-speed chase,\" spokesman John Coté said in a written statement. \"The lawsuit admits that when the decedent finally stopped the van, he got out and ran toward the police car. A complete set of facts about the decedent and the incident will be available when the investigation is complete.\"\u003c/p>\n\u003cp>Despite O'Neil being unarmed, police officers have broad legal protections for using force if they perceive a threat, regardless of whether that perception turns out to be correct.\u003c/p>\n\u003cp>But Burris, who often sues California cities and police departments over fatal uses of force by officers, said the shooting was \"one of the most shocking\" incidents he'd ever seen.\u003c/p>\n\u003cp>He said his office had requested that the San Francisco District Attorney's Office and federal Department of Justice pursue criminal charges. The district attorney investigates all officer-involved shootings in San Francisco, but criminal charges in on-duty police shootings are extremely rare.\u003c/p>\n\u003cp>The complaint also alleges the Police Department failed to properly supervise Samayoa. Burris said that claim is related to Samayoa's field training officer, whom the attorneys identified as Edric Talusan.\u003c/p>\n\u003cp>\"This training officer had ample time to request that the gun be put away, but in any event should have said, 'Don’t shoot unless we are in danger, or imminent danger,' and he didn’t do that,\" Burris said.\u003c/p>\n\u003cp>Charlie Grayson, Keita O'Neil's father, read a statement from Judy O'Neil that expressed \"great warmth\" and love for her son.\u003c/p>\n\u003cp>\"I am wishing each time I look up I will be able to feel you watching over me,\" the statement said. \"Until that time comes for me to be by your side, me and Charlie and your friends and family, we miss you.\"\u003c/p>\n\u003cp>\"We're all going to miss him,\" added Grayson, who paused to wipe away tears as he read the statement. \"It's pretty quiet around here.\"\u003c/p>\n\u003cp>\u003cem>Read the federal lawsuit below.\u003c/em>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4333320-171219-ONeil-v-CCSF-Et-Al-Complaint\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\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>Attorneys representing the mother of a man shot and killed by a rookie San Francisco police officer earlier this month called the shooting a \"murder\" and \"execution\" Tuesday as they announced the filing of a federal civil rights lawsuit.\u003c/p>\n\u003cp>Keita O'Neil, 42, was killed Dec. 1, \u003ca href=\"http://sanfranciscopolice.org/article/notes-used-during-presentation-december-7th-2017-town-hall-address-december-1st-officer\" target=\"_blank\" rel=\"noopener noreferrer\">allegedly\u003c/a> after stealing a California State Lottery van and leading police on a chase.\u003c/p>\n\u003cp>O'Neil jumped from the slow-moving van after turning from Fitzgerald Avenue into a dead end in the Alice Griffith housing project in San Francisco's Bayview neighborhood as a police squad car followed close behind.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Officer Christopher Samayoa drew his service weapon while the squad car was still moving and fired a single shot through the squad car's passenger-side window that struck O'Neil, according to the Police Department and a few seconds of video from Samayoa's body camera.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Samayoa activated his camera only after the shooting occurred, but since the device pre-records 30 seconds of video before it's activated, it captured images (but not sound) of the shooting.\u003c/p>\n\u003cp>Police have said they found no weapons on O'Neil, and attorneys representing his mother, Judy O'Neil, say there was no threat to Samayoa or a field training officer driving the squad car.\u003c/p>\n\u003cp>\"In my view, this is flat-out deliberate, premeditated murder,\" attorney John Burris said at a press conference Tuesday. \"There cannot be a clearer example of shooting an unarmed man without just cause than we have in this case.\"\u003c/p>\n\u003cp>He referenced \u003ca href=\"https://vimeo.com/246324533\" target=\"_blank\" rel=\"noopener noreferrer\">video\u003c/a> from Samayoa's body camera, which shows him draw his gun and appear to aim before O'Neil's head appears briefly in the frame.\u003c/p>\n\u003cp>\"He did pull the gun out early and he sort of trained the gun, so to us that was a deliberate act, and the kind of deliberate act that says 'I’m going to shoot this person when he comes by, regardless,' \" Burris said.\u003c/p>\n\u003cp>The Police Department did not respond to inquiries Tuesday about the lawsuit and duty status of Samayoa, who was placed on administrative leave after the incident per department protocol.\u003c/p>\n\u003cp>A spokesman for the San Francisco City Attorney's Office, which defends the city and its employees in civil litigation, said attorneys are reviewing the complaint and investigations into the shooting are ongoing.\u003c/p>\n\u003cp>\"What we do know is that at the time of the incident, the decedent was driving a van that had been carjacked, the driver of the van had been assaulted during the carjacking, and the decedent was leading the police on a high-speed chase,\" spokesman John Coté said in a written statement. \"The lawsuit admits that when the decedent finally stopped the van, he got out and ran toward the police car. A complete set of facts about the decedent and the incident will be available when the investigation is complete.\"\u003c/p>\n\u003cp>Despite O'Neil being unarmed, police officers have broad legal protections for using force if they perceive a threat, regardless of whether that perception turns out to be correct.\u003c/p>\n\u003cp>But Burris, who often sues California cities and police departments over fatal uses of force by officers, said the shooting was \"one of the most shocking\" incidents he'd ever seen.\u003c/p>\n\u003cp>He said his office had requested that the San Francisco District Attorney's Office and federal Department of Justice pursue criminal charges. The district attorney investigates all officer-involved shootings in San Francisco, but criminal charges in on-duty police shootings are extremely rare.\u003c/p>\n\u003cp>The complaint also alleges the Police Department failed to properly supervise Samayoa. Burris said that claim is related to Samayoa's field training officer, whom the attorneys identified as Edric Talusan.\u003c/p>\n\u003cp>\"This training officer had ample time to request that the gun be put away, but in any event should have said, 'Don’t shoot unless we are in danger, or imminent danger,' and he didn’t do that,\" Burris said.\u003c/p>\n\u003cp>Charlie Grayson, Keita O'Neil's father, read a statement from Judy O'Neil that expressed \"great warmth\" and love for her son.\u003c/p>\n\u003cp>\"I am wishing each time I look up I will be able to feel you watching over me,\" the statement said. \"Until that time comes for me to be by your side, me and Charlie and your friends and family, we miss you.\"\u003c/p>\n\u003cp>\"We're all going to miss him,\" added Grayson, who paused to wipe away tears as he read the statement. \"It's pretty quiet around here.\"\u003c/p>\n\u003cp>\u003cem>Read the federal lawsuit below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A Richmond police officer was taken into custody early Sunday morning after police responded to reports of gunshots fired on multiple floors of the Four Seasons Hotel in downtown San Francisco.\u003c/p>\n\u003cp>San Francisco and Richmond police did not immediately release the identity of the officer, who was detained and hospitalized Sunday, according to officials with both departments.\u003c/p>\n\u003cp>The officer, however, was identified on SFPD dispatch audio as a Richmond police officer named Phillip Sanchez. He appears to be a sergeant, according to state public employee salary data.\u003c/p>\n\u003cp>A San Francisco police spokesman said Monday afternoon that Sanchez, 45, was arrested and booked under suspicion of four felony charges: negligent discharge of a firearm, shooting at an inhabited dwelling, assault with a firearm, and vandalism resulting in damage of more than $400.\u003c/p>\n\u003cp>The incident began before sunrise Sunday morning, with a report to San Francisco police of strange behavior in the hotel's hallways.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A few minutes before 5 a.m., a San Francisco police dispatcher broadcast to officers that a person was \"walking erratically through the hotel ... talking about spirits and stating his wife is inside the room but he doesn't want to go inside,\" according to dispatch audio archived on Broadcastify.com.\u003c/p>\n\u003cp>According to the dispatcher, a caller said the man was a Richmond police officer, but at that point it was unknown if he was armed. The caller appears to have identified Phillip Sanchez, and the dispatcher relayed the name and a description to officers responding to the hotel.\u003c/p>\n\u003cp>A few minutes later, the dispatcher relayed a new call to officers reporting \"six or seven shots heard\" on the 17th floor of the upscale hotel, located in the 700 block of Market Street.\u003c/p>\n\u003cp>SFPD officers can be heard stationing themselves around the inside and outside of the hotel after 5 a.m. The dispatcher reported the subject was on the 12th floor.\u003c/p>\n\u003cp>\"He was last seen on his back,\" she broadcast to officers. \"He has a black handgun in his hand.\"\u003c/p>\n\u003cp>An officer reported finding eight 9mm shell casings in a stairwell on the 24th floor. It's unclear if those expended rounds are related to the incident Sunday morning.\u003c/p>\n\u003cp>Later, an officer reported he was outside rooms 1225 and 1224. Using the police code for \"person with a gun,\" the officer said the subject was in room 1225 and he could see two shell casings.\u003c/p>\n\u003cp>\"There is at least one bullet hole through the glass in 1224,\" the officer reported.\u003c/p>\n\u003cp>Sanchez barricaded himself in a room for 90 minutes, and hotel guests were told to shelter in place, police said. The incident ended with a peaceful surrender at 6:30 a.m. on Sunday, according to the SFPD.\u003c/p>\n\u003cp>The officer has been placed on leave, according to a Richmond Police Department spokesman, and the department has opened an internal administrative investigation.\u003c/p>\n\u003cp>No one was injured in the incident, according to the SFPD.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Phillip Sanchez is listed as a Richmond police officer from 2011 to 2014 in public employee salary data compiled on Transparent California. He is listed as a Richmond police sergeant in 2015 and 2016.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A few minutes before 5 a.m., a San Francisco police dispatcher broadcast to officers that a person was \"walking erratically through the hotel ... talking about spirits and stating his wife is inside the room but he doesn't want to go inside,\" according to dispatch audio archived on Broadcastify.com.\u003c/p>\n\u003cp>According to the dispatcher, a caller said the man was a Richmond police officer, but at that point it was unknown if he was armed. The caller appears to have identified Phillip Sanchez, and the dispatcher relayed the name and a description to officers responding to the hotel.\u003c/p>\n\u003cp>A few minutes later, the dispatcher relayed a new call to officers reporting \"six or seven shots heard\" on the 17th floor of the upscale hotel, located in the 700 block of Market Street.\u003c/p>\n\u003cp>SFPD officers can be heard stationing themselves around the inside and outside of the hotel after 5 a.m. The dispatcher reported the subject was on the 12th floor.\u003c/p>\n\u003cp>\"He was last seen on his back,\" she broadcast to officers. \"He has a black handgun in his hand.\"\u003c/p>\n\u003cp>An officer reported finding eight 9mm shell casings in a stairwell on the 24th floor. It's unclear if those expended rounds are related to the incident Sunday morning.\u003c/p>\n\u003cp>Later, an officer reported he was outside rooms 1225 and 1224. Using the police code for \"person with a gun,\" the officer said the subject was in room 1225 and he could see two shell casings.\u003c/p>\n\u003cp>\"There is at least one bullet hole through the glass in 1224,\" the officer reported.\u003c/p>\n\u003cp>Sanchez barricaded himself in a room for 90 minutes, and hotel guests were told to shelter in place, police said. The incident ended with a peaceful surrender at 6:30 a.m. on Sunday, according to the SFPD.\u003c/p>\n\u003cp>The officer has been placed on leave, according to a Richmond Police Department spokesman, and the department has opened an internal administrative investigation.\u003c/p>\n\u003cp>No one was injured in the incident, according to the SFPD.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Phillip Sanchez is listed as a Richmond police officer from 2011 to 2014 in public employee salary data compiled on Transparent California. He is listed as a Richmond police sergeant in 2015 and 2016.\u003c/p>\n\n\u003c/div>\u003c/p>",
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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": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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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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"masters-of-scale": {
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},
"mindshift": {
"id": "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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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
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"tagline": "Deeply-reported investigative journalism",
"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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"on-the-media": {
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"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"link": "/radio/program/on-the-media",
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},
"pbs-newshour": {
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},
"perspectives": {
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"order": 14
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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"link": "/radio/program/planet-money",
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"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"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.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
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"amazon": "https://music.amazon.com/podcasts/e0c2d153-ad36-4c8d-901d-f1da6a724824/political-breakdown",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
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