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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco police have released sketches of two suspects in a February street robbery in which the victim, a British citizen who had relocated to Southern California, was fatally stabbed.\u003c/p>\n\u003cp>Police said a man and a woman attacked Paul Tam, 48, and his niece at about 8:30 p.m. on Feb. 18 as they walked on Post Street near Franklin.\u003c/p>\n\u003cp>A video of the encounter released after Tam died in March shows the male suspect chasing Tam into the path of an oncoming car. The vehicle slowed to a stop as Tam struggled with his assailant, who apparently pushed him to the pavement behind the stopped car.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://player.vimeo.com/video/160408330\" width=\"800\" height=\"800\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Police say the male suspect stabbed Tam in the head and took his bag, which reportedly contained cash, credit cards, mobile phone and passport. The male assailant and his companion then fled the area on foot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Homicide investigators on Monday released composite sketches of the suspects, along with \u003ca href=\"http://sanfranciscopolice.org/article/homicide-investigators-release-sketches-february-cathedral-hill-homicide-suspects\" target=\"_blank\">an appeal for the public's help\u003c/a> in finding them. Police have provided general descriptions of the suspects:\u003c/p>\n\u003cul>\n\u003cli>Black adult male approximately 5’10” with a heavy build last seen wearing a dark hoodie and blue jeans.\u003c/li>\n\u003cli>Black/mixed race adult female approximately 5’4”, small build with dreadlocks or braids.\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SFPD Investigators Selectively Release Witness Statements on Police Shooting",
"title": "SFPD Investigators Selectively Release Witness Statements on Police Shooting",
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"content": "\u003cp>The San Francisco Police Department's commander of investigations described statements Friday taken from four witnesses to the \u003ca href=\"http://ww2.kqed.org/news/2016/04/07/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\">fatal police shooting\u003c/a> of a homeless man Thursday in the city's Mission District.\u003c/p>\n\u003cp>Cmdr. Greg McEachern said at least three witnesses described the man -- identified Friday by the city medical examiner's office as Luis Gongora, 45 -- as having a knife in his hand as he moved toward a group of officers.\u003c/p>\n\u003cp>McEachern said more than 10 witnesses have provided statements to investigators, but he described only four of them.\u003c/p>\n\u003cp>\"These are the statements that we are providing today for some clarity on information that has been put out in the media in the last day or two,\" McEachern said. \"We are providing information, statements from the witnesses, that may differ from some of the statements provided by the witnesses so far.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch2>Witness Statements As Per SFPD\u003c/h2>\n\u003cul>\n\u003cli>\"He saw the suspect sitting prior to the shooting, saw the suspect stand up and lunge at the officers. The witnesses heard shots, saw the suspect still had the knife in his hand after the shooting.\"\u003c/li>\n\u003cli>\"A second witness said that the suspect rose up with the knife in hand and ran toward the officers with the knife in his hand. The suspect was flailing his hands with the knife as he ran toward the officers. He saw the officers fire their pistols and then saw the suspect spin and fall to the ground with a knife still in his hand.\"\u003c/li>\n\u003cli>\"Witness three said that he saw the suspect running toward the officers with the knife in his hand. The knife was raised up as he ran toward the officers.\"\u003c/li>\n\u003cli>\"Witness four -- who says that he knows the suspect as Spanish speaking, but he’s also communicated with him in English -- saw the officers with the orange shotgun, which is our extended range impact weapon, deploy that, and then saw the officers shoot at the suspect shortly after, saw the suspect hit the ground, and then the witness saw the suspect’s knife appear on the sidewalk.\"\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>McEachern said the two officers who fired would be interviewed by homicide investigators Friday. One had specialized training in de-escalation and responding to suspects in psychiatric crisis, according to a statement from the police officers union.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>KQED and other news outlets interviewed John Visor and Stephanie Grant yesterday -- two people who said they live in a tent next to the man who was shot.\u003c/p>\n\u003cp>Visor said the man, who he knew as \"Jose,\" carried a knife, but that it was stuck in his waistband and not in his hand when an SFPD sergeant shot at him. Others told reporters yesterday that the man went by \"Jose Luis.\"\u003c/p>\n\u003cp>McEachern indicated that the fourth statement described above was taken from Visor.\u003c/p>\n\u003cp>Visor said Thursday that his friend's knife was never in his hand. He described him as a man \"in his 20s\" who often scrounged bottles and cans and liked to kick a soccer ball up and down Shotwell Street where they both lived in tents. He said both had moved there after the city \u003ca href=\"http://ww2.kqed.org/news/2016/03/01/s-f-clearing-homeless-holdouts-from-division-street-neighborhood\" target=\"_blank\">cleared\u003c/a> a larger encampment on Division Street on March 1.\u003c/p>\n\u003cp>Gongora died at around 1 p.m. Thursday, according to a hospital spokesman.\u003c/p>\n\u003cp>\u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate published\u003c/a> surveillance video Friday that McEachern said shows officers approaching a suspect on Shotwell Street, but the shooting takes place just outside the video's frame.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>KQED's analysis of the video indicates four shots from a pump-action gun. An SFPD spokesman confirmed Friday that officers use a shotgun to fire one type of less-lethal impact rounds the department uses, and Suhr said Thursday that four impact round casings were recovered from the scene.\u003c/p>\n\u003cp>The fourth pump-action shot is followed immediately by approximately seven gunshots.\u003c/p>\n\u003cp>The incident began with a 911 call to police from a homeless outreach worker just before 10 a.m. Thursday, Police Chief Greg Suhr said.\u003c/p>\n\u003cp>At approximately 10:04 a.m., an officer reported over his radio: \"11 Adam, Code 33. I’m challenging one. He has a large kitchen knife he just dropped.”\u003c/p>\n\u003cp>About 20 seconds later, a dispatcher reported shots fired.\u003c/p>\n\u003cp>\"We have one down,\" an officer reported seconds later. \"Officers are OK. We have the suspect holding the knife; he’s down. 408 code 3 [calling for an ambulance, emergency]. The scene is secure, and we’re going to need outside units to help us with the crime scene.\"\u003c/p>\n\u003cp>The same officer reported about 25 seconds after the report of shots fired that an officer had fired less lethal impact rounds at the suspect \"several times.\"\u003c/p>\n\u003cp>\"The suspect did not go down,\" he said. \"He got up and charged at officers with the knife in hand.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/258048164\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Visor is not the only alleged witness to the shooting who has disputed that Gongora charged officers with a knife. A man identified as \"Smith Patrick\" posted online shortly after the shooting that he saw \"the whole thing,\" and recognized the suspect as a Spanish speaker who often kicked a ball on the street.\u003c/p>\n\u003cp>\"I heard 'get on the ground' and ran to the window,\" the posting says:\u003c/p>\n\u003cblockquote>\u003cp>Across the street I could see the victim cowering on the ground while two police officers, one with a rifle pointed at him, approached from at least 30 feet away. To be clear, the victim was on the ground the entire time, head down, visibly shaking. There was no visible aggressive behavior.\u003c/p>\n\u003cp>I am unsure if the victim rose or if the rifle that shot him propelled his body, but he was standing for a moment while the rifle shot several times and the other officer drew a pistol and shot. Blood immediately started spurting but they continued to shoot. It appeared that several shots did hit him because blood was spurting in different directions.\u003c/p>\n\u003cp>The victim was then on the ground in a pool of blood.\u003c/p>\n\u003cp>Police and fire arrived within moments. They went through the motions of trying to revive him medically, but it was clear that he wouldn't live. So much blood.\u003c/p>\n\u003cp>This is incredibly disturbing and I'd like to pursue filing a report against the police. If anyone knows any organizations that focus on this, please let me know.\u003c/p>\u003c/blockquote>\n\u003cp>SFPD's first fatal officer-involved shooting of this year comes at a tense time for the Police Department, especially around lethal incidents involving Latino or black suspects allegedly armed with knives.\u003c/p>\n\u003cp>A broad group of legal experts, police officers and advocates are rewriting the department's use-of-force policies following the Dec. 2 \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">fatal shooting of Mario Woods\u003c/a> in San Francisco's Bayview District. The shooting prompted immediate changes to the SFPD's firearms training, as well as a federal Department of Justice review.\u003c/p>\n\u003cfigure id=\"attachment_10924114\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/IMG_0006.jpg\" rel=\"attachment wp-att-10924114\">\u003cimg class=\"size-medium wp-image-10924114\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/IMG_0006-800x1067.jpg\" alt=\"A man fatally shot by San Francisco police officers on the 400 block of Shotwell Street is loaded into an ambulance Thursday.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006-400x534.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006-1180x1574.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006-960x1281.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006.jpg 1536w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A man fatally shot by San Francisco police officers on the 400 block of Shotwell Street is loaded into an ambulance Thursday. \u003ccite>(Laura Sydell/NPR)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That incident, captured on multiple videos filmed by bystanders with cellphones, shows a large group of officers confronting Mario Woods, an African-American, before he appears to start walking away. An officer steps into his path, then multiple officers fire. Suhr initially said cellphone video showed Woods raising the knife toward an officer before he was shot. A \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">KQED analysis of the video\u003c/a> indicates that Woods' arm was raised after he was shot and begins to fall backward.\u003c/p>\n\u003cp>Thursday's is the latest addition to a list of controversial fatal police shootings in or around the city's Mission District in the last two years. A federal, civil jury \u003ca href=\"http://ww2.kqed.org/news/2016/03/10/jury-clears-s-f-police-officers-of-wrongdoing-in-nieto-shooting\" target=\"_blank\">cleared four SFPD officers\u003c/a> last month of any wrongdoing for shooting a total of 59 times at a man in Bernal Heights, just south of the Mission, in March 2014. The officers said they thought \u003ca href=\"http://ww2.kqed.org/news/tag/alejandro-nieto\" target=\"_blank\">Alejandro Nieto\u003c/a> had a firearm, and discovered he was holding a Taser stun gun only after the shooting.\u003c/p>\n\u003cp>Another man who was a monolingual Spanish speaker was killed by two plainclothes SFPD officers in February 2015. Suhr initially said Amilcar Perez Lopez charged the officers with a knife, but revised that account after an \u003ca href=\"http://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting\" target=\"_blank\">independent autopsy\u003c/a> showed Perez Lopez was shot six times from behind.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Adam Grossberg of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Francisco Police Department's commander of investigations described statements Friday taken from four witnesses to the \u003ca href=\"http://ww2.kqed.org/news/2016/04/07/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\">fatal police shooting\u003c/a> of a homeless man Thursday in the city's Mission District.\u003c/p>\n\u003cp>Cmdr. Greg McEachern said at least three witnesses described the man -- identified Friday by the city medical examiner's office as Luis Gongora, 45 -- as having a knife in his hand as he moved toward a group of officers.\u003c/p>\n\u003cp>McEachern said more than 10 witnesses have provided statements to investigators, but he described only four of them.\u003c/p>\n\u003cp>\"These are the statements that we are providing today for some clarity on information that has been put out in the media in the last day or two,\" McEachern said. \"We are providing information, statements from the witnesses, that may differ from some of the statements provided by the witnesses so far.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch2>Witness Statements As Per SFPD\u003c/h2>\n\u003cul>\n\u003cli>\"He saw the suspect sitting prior to the shooting, saw the suspect stand up and lunge at the officers. The witnesses heard shots, saw the suspect still had the knife in his hand after the shooting.\"\u003c/li>\n\u003cli>\"A second witness said that the suspect rose up with the knife in hand and ran toward the officers with the knife in his hand. The suspect was flailing his hands with the knife as he ran toward the officers. He saw the officers fire their pistols and then saw the suspect spin and fall to the ground with a knife still in his hand.\"\u003c/li>\n\u003cli>\"Witness three said that he saw the suspect running toward the officers with the knife in his hand. The knife was raised up as he ran toward the officers.\"\u003c/li>\n\u003cli>\"Witness four -- who says that he knows the suspect as Spanish speaking, but he’s also communicated with him in English -- saw the officers with the orange shotgun, which is our extended range impact weapon, deploy that, and then saw the officers shoot at the suspect shortly after, saw the suspect hit the ground, and then the witness saw the suspect’s knife appear on the sidewalk.\"\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>McEachern said the two officers who fired would be interviewed by homicide investigators Friday. One had specialized training in de-escalation and responding to suspects in psychiatric crisis, according to a statement from the police officers union.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>KQED and other news outlets interviewed John Visor and Stephanie Grant yesterday -- two people who said they live in a tent next to the man who was shot.\u003c/p>\n\u003cp>Visor said the man, who he knew as \"Jose,\" carried a knife, but that it was stuck in his waistband and not in his hand when an SFPD sergeant shot at him. Others told reporters yesterday that the man went by \"Jose Luis.\"\u003c/p>\n\u003cp>McEachern indicated that the fourth statement described above was taken from Visor.\u003c/p>\n\u003cp>Visor said Thursday that his friend's knife was never in his hand. He described him as a man \"in his 20s\" who often scrounged bottles and cans and liked to kick a soccer ball up and down Shotwell Street where they both lived in tents. He said both had moved there after the city \u003ca href=\"http://ww2.kqed.org/news/2016/03/01/s-f-clearing-homeless-holdouts-from-division-street-neighborhood\" target=\"_blank\">cleared\u003c/a> a larger encampment on Division Street on March 1.\u003c/p>\n\u003cp>Gongora died at around 1 p.m. Thursday, according to a hospital spokesman.\u003c/p>\n\u003cp>\u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate published\u003c/a> surveillance video Friday that McEachern said shows officers approaching a suspect on Shotwell Street, but the shooting takes place just outside the video's frame.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>KQED's analysis of the video indicates four shots from a pump-action gun. An SFPD spokesman confirmed Friday that officers use a shotgun to fire one type of less-lethal impact rounds the department uses, and Suhr said Thursday that four impact round casings were recovered from the scene.\u003c/p>\n\u003cp>The fourth pump-action shot is followed immediately by approximately seven gunshots.\u003c/p>\n\u003cp>The incident began with a 911 call to police from a homeless outreach worker just before 10 a.m. Thursday, Police Chief Greg Suhr said.\u003c/p>\n\u003cp>At approximately 10:04 a.m., an officer reported over his radio: \"11 Adam, Code 33. I’m challenging one. He has a large kitchen knife he just dropped.”\u003c/p>\n\u003cp>About 20 seconds later, a dispatcher reported shots fired.\u003c/p>\n\u003cp>\"We have one down,\" an officer reported seconds later. \"Officers are OK. We have the suspect holding the knife; he’s down. 408 code 3 [calling for an ambulance, emergency]. The scene is secure, and we’re going to need outside units to help us with the crime scene.\"\u003c/p>\n\u003cp>The same officer reported about 25 seconds after the report of shots fired that an officer had fired less lethal impact rounds at the suspect \"several times.\"\u003c/p>\n\u003cp>\"The suspect did not go down,\" he said. \"He got up and charged at officers with the knife in hand.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/258048164&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/258048164'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Visor is not the only alleged witness to the shooting who has disputed that Gongora charged officers with a knife. A man identified as \"Smith Patrick\" posted online shortly after the shooting that he saw \"the whole thing,\" and recognized the suspect as a Spanish speaker who often kicked a ball on the street.\u003c/p>\n\u003cp>\"I heard 'get on the ground' and ran to the window,\" the posting says:\u003c/p>\n\u003cblockquote>\u003cp>Across the street I could see the victim cowering on the ground while two police officers, one with a rifle pointed at him, approached from at least 30 feet away. To be clear, the victim was on the ground the entire time, head down, visibly shaking. There was no visible aggressive behavior.\u003c/p>\n\u003cp>I am unsure if the victim rose or if the rifle that shot him propelled his body, but he was standing for a moment while the rifle shot several times and the other officer drew a pistol and shot. Blood immediately started spurting but they continued to shoot. It appeared that several shots did hit him because blood was spurting in different directions.\u003c/p>\n\u003cp>The victim was then on the ground in a pool of blood.\u003c/p>\n\u003cp>Police and fire arrived within moments. They went through the motions of trying to revive him medically, but it was clear that he wouldn't live. So much blood.\u003c/p>\n\u003cp>This is incredibly disturbing and I'd like to pursue filing a report against the police. If anyone knows any organizations that focus on this, please let me know.\u003c/p>\u003c/blockquote>\n\u003cp>SFPD's first fatal officer-involved shooting of this year comes at a tense time for the Police Department, especially around lethal incidents involving Latino or black suspects allegedly armed with knives.\u003c/p>\n\u003cp>A broad group of legal experts, police officers and advocates are rewriting the department's use-of-force policies following the Dec. 2 \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">fatal shooting of Mario Woods\u003c/a> in San Francisco's Bayview District. The shooting prompted immediate changes to the SFPD's firearms training, as well as a federal Department of Justice review.\u003c/p>\n\u003cfigure id=\"attachment_10924114\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/IMG_0006.jpg\" rel=\"attachment wp-att-10924114\">\u003cimg class=\"size-medium wp-image-10924114\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/IMG_0006-800x1067.jpg\" alt=\"A man fatally shot by San Francisco police officers on the 400 block of Shotwell Street is loaded into an ambulance Thursday.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006-400x534.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006-1180x1574.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006-960x1281.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/IMG_0006.jpg 1536w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A man fatally shot by San Francisco police officers on the 400 block of Shotwell Street is loaded into an ambulance Thursday. \u003ccite>(Laura Sydell/NPR)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That incident, captured on multiple videos filmed by bystanders with cellphones, shows a large group of officers confronting Mario Woods, an African-American, before he appears to start walking away. An officer steps into his path, then multiple officers fire. Suhr initially said cellphone video showed Woods raising the knife toward an officer before he was shot. A \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">KQED analysis of the video\u003c/a> indicates that Woods' arm was raised after he was shot and begins to fall backward.\u003c/p>\n\u003cp>Thursday's is the latest addition to a list of controversial fatal police shootings in or around the city's Mission District in the last two years. A federal, civil jury \u003ca href=\"http://ww2.kqed.org/news/2016/03/10/jury-clears-s-f-police-officers-of-wrongdoing-in-nieto-shooting\" target=\"_blank\">cleared four SFPD officers\u003c/a> last month of any wrongdoing for shooting a total of 59 times at a man in Bernal Heights, just south of the Mission, in March 2014. The officers said they thought \u003ca href=\"http://ww2.kqed.org/news/tag/alejandro-nieto\" target=\"_blank\">Alejandro Nieto\u003c/a> had a firearm, and discovered he was holding a Taser stun gun only after the shooting.\u003c/p>\n\u003cp>Another man who was a monolingual Spanish speaker was killed by two plainclothes SFPD officers in February 2015. Suhr initially said Amilcar Perez Lopez charged the officers with a knife, but revised that account after an \u003ca href=\"http://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting\" target=\"_blank\">independent autopsy\u003c/a> showed Perez Lopez was shot six times from behind.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Adam Grossberg of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SFPD Racist Texts, Official Bickering Prompt New Calls for State or Federal Intervention",
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"content": "\u003cp>Calls for a higher power to intervene in San Francisco's criminal justice system have reignited with the \u003ca href=\"http://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">revelation last week\u003c/a> that a second batch of police officers traded racist and homophobic text messages, even as the city reeled from a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">first batch\u003c/a>, \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">revealed last year\u003c/a>, replete with racial slurs and violent language about African-Americans.\u003c/p>\n\u003cp>And exactly how the Police Department notified the District Attorney's Office that new messages indicating racial bias were recently recovered from officers' personal cellphones has prompted the latest round of \u003ca href=\"http://ww2.kqed.org/news/2016/04/01/sfpds-latest-racist-texting-scandal-who-knew-what-and-when\" target=\"_blank\">public bickering\u003c/a> between Police Chief Greg Suhr and District Attorney George Gascón.\u003c/p>\n\u003cp>That's because prosecutors are required to notify defendants of exculpatory evidence, or evidence that tends to show a defendant is not guilty of a crime for which he or she is charged, under the 1963 U.S. Supreme Court decision in Brady v. Maryland. That includes evidence that an arresting officer may have acted out of bias, hence the great interest from the legal community in racist text messages from police officers.\u003c/p>\n\u003cp>\"Every time an officer is deemed to engage in behavior that involves moral turpitude -- an officer is a thief, an officer’s a liar, or if an officer engages in racist or sexist behavior -- that officer has to be put on a list,\" said retired Superior Court of California Judge LaDoris Cordell. \"Basically, Brady officers really become useless.\"\u003c/p>\n\u003cp>The Brady notification process is anything but simple, though, largely because \u003ca href=\"http://ww2.kqed.org/news/2016/02/19/new-state-bill-would-open-police-misconduct-serious-use-of-force-files\" target=\"_blank\">peace officer personnel information\u003c/a> is kept so secret in California that not even prosecutors have direct access to it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Suhr laid out the process that SFPD's Brady Unit followed regarding the latest text messages in an \u003ca href=\"https://www.scribd.com/doc/307106059/SFPD-Chief-Greg-Suhr-April-4-Letter-to-DA-George-Gascon-re-bigoted-texts\" target=\"_blank\">April 4 letter\u003c/a> to Gascón, arguing that the department made the required notifications, and it was up to prosecutors to either file a motion or work with Police Department to review the personnel files in question.\u003c/p>\n\u003cp>But Gascón has said his office had no way of knowing that bigoted texts were buried in tens of thousands of pages of records seized from officers' personal cellphones as part of an internal sexual assault investigation of Officer Jason Lai. To avoid future oversight, \u003ca href=\"https://www.scribd.com/doc/306686232/Gascon-Letter-to-Suhr-Re-Racist-Texts\" target=\"_blank\">Gascón suggested\u003c/a> Suhr make the existence of such messages public from the outset.\u003c/p>\n\u003cp>Senior American Civil Liberties Union attorney Alan Schlosser agreed.\u003c/p>\n\u003cp>\"He [Suhr] certainly was free back in August to say that they have uncovered more examples of this kind of conduct, and hopefully use that to reiterate his strong stand and say what they’re going to do about it,\" Schlosser said. \"But in fact it’s been kept secret from the public, and was only revealed last week by the district attorney. That to us was a very telling sign that the leadership of the Police Department is not committed to transparency and to significant reform.\"\u003c/p>\n\u003cp>So for the second time in a little over four months, the \u003ca href=\"http://www.aclunc.org/docs/20160405-aclu_letter_to_doj.pdf\" target=\"_blank\">ACLU asked\u003c/a> the U.S. Department of Justice for a civil rights investigation of the SFPD, noting that federal authorities \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">conducting a voluntary review\u003c/a> of department policies, following the fatal December police shooting of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a>, have repeatedly said that a stronger civil rights investigation could launch if circumstances change.\u003c/p>\n\u003cp>Schlosser said the public feud between Suhr and Gascón adds to concern about San Francisco's overall criminal justice system.\u003c/p>\n\u003cp>\"I think it’s troubling,\" he said. \"I do think that kind of disarray does contribute to a feeling that San Francisco needs outside help, but it has to come from a source that can enforce.\"\u003c/p>\n\u003cp>Officials with the U.S. Department of Justice Office of Community Oriented Policing Services conducting the voluntary review of SFPD policies have made no official statements about the latest racially charged scandal, despite repeated inquiries. The Department of Justice's Civil Rights Division did not respond to KQED's inquiry.\u003c/p>\n\u003cp>\"We feel new circumstances have added to our original request to provide a compelling case for a pattern and practice investigation,\" Schlosser said.\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi made a \u003ca href=\"https://www.scribd.com/doc/307111310/Letter-from-S-F-Public-Defender-Jeff-Adachi-to-California-Attorney-General-Kamala-Harris\" target=\"_blank\">similar request\u003c/a> to state Attorney General Kamala Harris Monday, asking the California Department of Justice to launch a civil rights investigation of San Francisco's Police Department.\u003c/p>\n\u003cp>Like the ACLU, Adachi cataloged not only the repeated scandals over racist text messages, but also SFPD's \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">failure to discipline officers\u003c/a> implicated in the first round of texts, SFPD's \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\">extremely disproportionate arrest rate\u003c/a> of African-Americans, three high-profile fatal shootings of black and Latino men, and allegations of \u003ca href=\"http://www.sfgate.com/crime/article/Drug-defendants-accuse-S-F-officers-of-racism-6690332.php\" target=\"_blank\">racial bias in a joint local-federal drug sting\u003c/a> revealed last year.\u003c/p>\n\u003cp>\"The incidents reveal a pattern and practice within the police department that has allowed racism and disparate treatment of black and Latino people to fester and grow,\" Adachi wrote. \"An investigation would help settle the pressing question of whether the racism evidenced in these incidents is endemic of a culture within the department which allows these types of incidents to occur. But most importantly it would help restore the confidence of San Franciscans -- and those around the nation who are watching -- that the San Francisco Police Department is not engaging in racist practices.\"\u003c/p>\n\u003cp>A spokeswoman for the California Attorney General said the office is reviewing Adachi's request.\u003c/p>\n\u003cp>San Francisco Supervisor Malia Cohen said Tuesday she has not stopped calling for a federal investigation since she and board President London Breed formally requested one in January.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"When is enough, enough?\" Cohen and Breed wrote in a joint statement issued April 5. \"We talk about implicit bias training, yet time and again are confronted with \u003cem>explicit\u003c/em> bias by those who are sworn to protect the community. This behavior cannot be tolerated without consequence; the City must rededicate itself to police reform.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Calls for a higher power to intervene in San Francisco's criminal justice system have reignited with the \u003ca href=\"http://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">revelation last week\u003c/a> that a second batch of police officers traded racist and homophobic text messages, even as the city reeled from a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">first batch\u003c/a>, \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">revealed last year\u003c/a>, replete with racial slurs and violent language about African-Americans.\u003c/p>\n\u003cp>And exactly how the Police Department notified the District Attorney's Office that new messages indicating racial bias were recently recovered from officers' personal cellphones has prompted the latest round of \u003ca href=\"http://ww2.kqed.org/news/2016/04/01/sfpds-latest-racist-texting-scandal-who-knew-what-and-when\" target=\"_blank\">public bickering\u003c/a> between Police Chief Greg Suhr and District Attorney George Gascón.\u003c/p>\n\u003cp>That's because prosecutors are required to notify defendants of exculpatory evidence, or evidence that tends to show a defendant is not guilty of a crime for which he or she is charged, under the 1963 U.S. Supreme Court decision in Brady v. Maryland. That includes evidence that an arresting officer may have acted out of bias, hence the great interest from the legal community in racist text messages from police officers.\u003c/p>\n\u003cp>\"Every time an officer is deemed to engage in behavior that involves moral turpitude -- an officer is a thief, an officer’s a liar, or if an officer engages in racist or sexist behavior -- that officer has to be put on a list,\" said retired Superior Court of California Judge LaDoris Cordell. \"Basically, Brady officers really become useless.\"\u003c/p>\n\u003cp>The Brady notification process is anything but simple, though, largely because \u003ca href=\"http://ww2.kqed.org/news/2016/02/19/new-state-bill-would-open-police-misconduct-serious-use-of-force-files\" target=\"_blank\">peace officer personnel information\u003c/a> is kept so secret in California that not even prosecutors have direct access to it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Suhr laid out the process that SFPD's Brady Unit followed regarding the latest text messages in an \u003ca href=\"https://www.scribd.com/doc/307106059/SFPD-Chief-Greg-Suhr-April-4-Letter-to-DA-George-Gascon-re-bigoted-texts\" target=\"_blank\">April 4 letter\u003c/a> to Gascón, arguing that the department made the required notifications, and it was up to prosecutors to either file a motion or work with Police Department to review the personnel files in question.\u003c/p>\n\u003cp>But Gascón has said his office had no way of knowing that bigoted texts were buried in tens of thousands of pages of records seized from officers' personal cellphones as part of an internal sexual assault investigation of Officer Jason Lai. To avoid future oversight, \u003ca href=\"https://www.scribd.com/doc/306686232/Gascon-Letter-to-Suhr-Re-Racist-Texts\" target=\"_blank\">Gascón suggested\u003c/a> Suhr make the existence of such messages public from the outset.\u003c/p>\n\u003cp>Senior American Civil Liberties Union attorney Alan Schlosser agreed.\u003c/p>\n\u003cp>\"He [Suhr] certainly was free back in August to say that they have uncovered more examples of this kind of conduct, and hopefully use that to reiterate his strong stand and say what they’re going to do about it,\" Schlosser said. \"But in fact it’s been kept secret from the public, and was only revealed last week by the district attorney. That to us was a very telling sign that the leadership of the Police Department is not committed to transparency and to significant reform.\"\u003c/p>\n\u003cp>So for the second time in a little over four months, the \u003ca href=\"http://www.aclunc.org/docs/20160405-aclu_letter_to_doj.pdf\" target=\"_blank\">ACLU asked\u003c/a> the U.S. Department of Justice for a civil rights investigation of the SFPD, noting that federal authorities \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">conducting a voluntary review\u003c/a> of department policies, following the fatal December police shooting of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a>, have repeatedly said that a stronger civil rights investigation could launch if circumstances change.\u003c/p>\n\u003cp>Schlosser said the public feud between Suhr and Gascón adds to concern about San Francisco's overall criminal justice system.\u003c/p>\n\u003cp>\"I think it’s troubling,\" he said. \"I do think that kind of disarray does contribute to a feeling that San Francisco needs outside help, but it has to come from a source that can enforce.\"\u003c/p>\n\u003cp>Officials with the U.S. Department of Justice Office of Community Oriented Policing Services conducting the voluntary review of SFPD policies have made no official statements about the latest racially charged scandal, despite repeated inquiries. The Department of Justice's Civil Rights Division did not respond to KQED's inquiry.\u003c/p>\n\u003cp>\"We feel new circumstances have added to our original request to provide a compelling case for a pattern and practice investigation,\" Schlosser said.\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi made a \u003ca href=\"https://www.scribd.com/doc/307111310/Letter-from-S-F-Public-Defender-Jeff-Adachi-to-California-Attorney-General-Kamala-Harris\" target=\"_blank\">similar request\u003c/a> to state Attorney General Kamala Harris Monday, asking the California Department of Justice to launch a civil rights investigation of San Francisco's Police Department.\u003c/p>\n\u003cp>Like the ACLU, Adachi cataloged not only the repeated scandals over racist text messages, but also SFPD's \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">failure to discipline officers\u003c/a> implicated in the first round of texts, SFPD's \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\">extremely disproportionate arrest rate\u003c/a> of African-Americans, three high-profile fatal shootings of black and Latino men, and allegations of \u003ca href=\"http://www.sfgate.com/crime/article/Drug-defendants-accuse-S-F-officers-of-racism-6690332.php\" target=\"_blank\">racial bias in a joint local-federal drug sting\u003c/a> revealed last year.\u003c/p>\n\u003cp>\"The incidents reveal a pattern and practice within the police department that has allowed racism and disparate treatment of black and Latino people to fester and grow,\" Adachi wrote. \"An investigation would help settle the pressing question of whether the racism evidenced in these incidents is endemic of a culture within the department which allows these types of incidents to occur. But most importantly it would help restore the confidence of San Franciscans -- and those around the nation who are watching -- that the San Francisco Police Department is not engaging in racist practices.\"\u003c/p>\n\u003cp>A spokeswoman for the California Attorney General said the office is reviewing Adachi's request.\u003c/p>\n\u003cp>San Francisco Supervisor Malia Cohen said Tuesday she has not stopped calling for a federal investigation since she and board President London Breed formally requested one in January.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"When is enough, enough?\" Cohen and Breed wrote in a joint statement issued April 5. \"We talk about implicit bias training, yet time and again are confronted with \u003cem>explicit\u003c/em> bias by those who are sworn to protect the community. This behavior cannot be tolerated without consequence; the City must rededicate itself to police reform.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The latest batch of racist and homophobic text messages swapped by San Francisco police officers and \u003ca href=\"http://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">revealed Thursday\u003c/a> by the city's district attorney are more than an embarrassment; they have serious legal repercussions for any prosecutions involving the officers who wrote them.\u003c/p>\n\u003cp>And the issue of how and when the Police Department notified the District Attorney's Office of the latest inappropriate texts has become new fuel for a feud between the city's top cop and top prosecutor.\u003c/p>\n\u003cp>After District Attorney George Gascón announced the existence of the bigoted texts and told reporters he'd only discovered them late last week, Police Chief Greg Suhr sent him a \u003ca href=\"https://www.scribd.com/doc/306581549/Greg-Suhr-Letter-to-George-Gascon-March-31-2016\" target=\"_blank\">letter\u003c/a> indicating that the Police Department told prosecutors about the text messages four times between September and January.\u003c/p>\n\u003cp>\"For you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous,\" Suhr wrote. \"This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice.\"\u003c/p>\n\u003cp>Gascón \u003ca href=\"https://www.scribd.com/doc/306686232/Gascon-Letter-to-Suhr-Re-Racist-Texts\" target=\"_blank\">replied Friday\u003c/a> that Suhr was correct to indicate that SFPD internal affairs investigators had worked with the DA's office on the \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">sexual assault investigation\u003c/a> of an officer (who SFPD has identified as Jason Lai). But:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It is entirely inaccurate to indicate that there was a collaborative effort in the investigation of any racist and homophobic text messages,\" Gascón wrote, adding that his office received some 44,000 pages of cell phone records -- including text messages -- in November. \"At no time were we informed that the text messages from the phone associated with [redacted] or his girlfriend contained any potential racist or homophobic text messages.\"\u003c/p>\n\u003cp>Gascón wrote that getting additional text messages seized from a lieutenant -- who is likely Lt. Curtis Liu -- \"became a point of contention\" between SFPD criminal investigators and his office's special prosecutions unit. Those texts were finally produced on March 17, Gascón wrote, adding that they prompted him to notify the Police Department Wednesday and the public on Thursday of the racist and homophobic messages.\u003c/p>\n\u003cp>\"I am hopeful that any future incidents that jeopardize the fair administration of justice will be disclosed from the outset to both myself and the public,\" Gascón wrote. \"Delaying disclosure of such misconduct only adds to the current climate of distrust. It is my sincere hope that the San Francisco Police Department will change its practices and usher in a culture that promotes transparency and accountability.\"\u003c/p>\n\u003cp>The revelation of a new batch of racist and homophobic texts comes as Police Department and city leadership try to pull the SFPD out of an \u003ca href=\"http://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department\" target=\"_blank\">abyss of scandal\u003c/a>, not only involving \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">previously revealed bigoted texts\u003c/a>, but also the fatal shootings of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">black\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/tag/alejandro-nieto\" target=\"_blank\">Latino\u003c/a> residents and a consistently \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\">astronomical racial disparity\u003c/a> in arrests.\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee said Friday he was disappointed and frustrated to learn of a new batch of text messages that reportedly, according to District Attorney George Gascón, liberally employ racist slurs for African-Americans and disparage members of the LGBT community.\u003c/p>\n\u003cp>\"This is the second batch, and maybe there's a third,\" Lee said in an interview Friday. \"Our public should never be disgraced with the kind of attitudes reflected in these text messages.\"\u003c/p>\n\u003cp>He said he will schedule meetings with police employee groups, including the main officers' union as well as the Asian Officers Association, Officers for Justice, the Police Pride Alliance and others.\u003c/p>\n\u003cp>\"These officers seem to feel that they could talk in this way and get away with it,\" Lee said of at least four officers most directly linked to the latest scandal. \"That tells me that there’s some culture going on here.\"\u003c/p>\n\u003cp>Lee declined to wade into a back-and-fourth between Gascón and Suhr concerning how prosecutors became aware of the texts, and when.\u003c/p>\n\u003cp>\"The main thing is not to fester over who knew what when,\" Lee said. \"It’s when we discovered it, it is our obligation to end it, to serve up examples of why this is bad for the city, for the police force and for the respect of all the other officers that do their best.\"\u003c/p>\n\u003cfigure id=\"attachment_10917102\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/Adachi-800x1133.jpg\" alt=\"San Francisco public defender Jeff Adachi.\" width=\"800\" height=\"1133\" class=\"size-medium wp-image-10917102\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-800x1133.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-400x567.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-1180x1672.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-960x1360.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco public defender Jeff Adachi. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But who knew what when is of great concern to San Francisco Public Defender Jeff Adachi. He said in an interview Friday that Gascón had a legal obligation to turn over evidence of the texts to relevant defense attorneys as soon as prosecutors became aware of them.\u003c/p>\n\u003cp>\"The district attorney says that he just found out about this, yet the chief of police told me that he informed the district attorney six months ago,\" Adachi said. \"It’s a big question because the district attorney, once they have evidence like this of bias, under the law they have to turn it over to the defense because it affects the credibility of these witnesses, and that was not done.\"\u003c/p>\n\u003cp>Adachi's been writing his own letters in the wake of the latest bigoted text messages. He's \u003ca href=\"https://www.scribd.com/doc/306686616/Jeff-Adachi-Letter-to-George-Gascon-Re-Racist-Texts\" target=\"_blank\">asking the district attorney\u003c/a> for a comprehensive list of every case that involved the officers who sent or received bigoted text messages. He said last year's texting scandal resulted in the dismissal of more than a dozen prosecutions.\u003c/p>\n\u003cp>\"I’ve also made it clear that we want to see all the correspondence between the DA and the chief as to when they became aware of these incidents,\" he said. \"We don’t know at this point how many cases could be affected.\"\u003c/p>\n\u003cp>Retired California Superior Court Judge Ladoris Cordell said it was very disheartening to learn of a new batch of bigoted texts. She's \u003ca href=\"http://ww2.kqed.org/news/2016/01/19/blue-ribbon-panel-hears-testimony-on-s-f-police-and-racism\" target=\"_blank\">been serving\u003c/a> on a \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">special panel\u003c/a> Gascón convened last year after the first text messaging scandal came to light. She and two other retired judges have been reviewing some 4,000 incident reports prepared by the officers involved, looking for any indications that the overt bigotry displayed in their text messages spilled into their decisions to make arrests.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"It raises the question of now do we have to expand and look at the police reports dating back for these particular officers,\" she said in an interview Friday. \"Or maybe it’s time to just throw up our hands and say, we don’t need to do this, that what’s going on in the Police Department is such that we just need to pull back, take stock and make some major change.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The latest batch of racist and homophobic text messages swapped by San Francisco police officers and \u003ca href=\"http://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">revealed Thursday\u003c/a> by the city's district attorney are more than an embarrassment; they have serious legal repercussions for any prosecutions involving the officers who wrote them.\u003c/p>\n\u003cp>And the issue of how and when the Police Department notified the District Attorney's Office of the latest inappropriate texts has become new fuel for a feud between the city's top cop and top prosecutor.\u003c/p>\n\u003cp>After District Attorney George Gascón announced the existence of the bigoted texts and told reporters he'd only discovered them late last week, Police Chief Greg Suhr sent him a \u003ca href=\"https://www.scribd.com/doc/306581549/Greg-Suhr-Letter-to-George-Gascon-March-31-2016\" target=\"_blank\">letter\u003c/a> indicating that the Police Department told prosecutors about the text messages four times between September and January.\u003c/p>\n\u003cp>\"For you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous,\" Suhr wrote. \"This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice.\"\u003c/p>\n\u003cp>Gascón \u003ca href=\"https://www.scribd.com/doc/306686232/Gascon-Letter-to-Suhr-Re-Racist-Texts\" target=\"_blank\">replied Friday\u003c/a> that Suhr was correct to indicate that SFPD internal affairs investigators had worked with the DA's office on the \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">sexual assault investigation\u003c/a> of an officer (who SFPD has identified as Jason Lai). But:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It is entirely inaccurate to indicate that there was a collaborative effort in the investigation of any racist and homophobic text messages,\" Gascón wrote, adding that his office received some 44,000 pages of cell phone records -- including text messages -- in November. \"At no time were we informed that the text messages from the phone associated with [redacted] or his girlfriend contained any potential racist or homophobic text messages.\"\u003c/p>\n\u003cp>Gascón wrote that getting additional text messages seized from a lieutenant -- who is likely Lt. Curtis Liu -- \"became a point of contention\" between SFPD criminal investigators and his office's special prosecutions unit. Those texts were finally produced on March 17, Gascón wrote, adding that they prompted him to notify the Police Department Wednesday and the public on Thursday of the racist and homophobic messages.\u003c/p>\n\u003cp>\"I am hopeful that any future incidents that jeopardize the fair administration of justice will be disclosed from the outset to both myself and the public,\" Gascón wrote. \"Delaying disclosure of such misconduct only adds to the current climate of distrust. It is my sincere hope that the San Francisco Police Department will change its practices and usher in a culture that promotes transparency and accountability.\"\u003c/p>\n\u003cp>The revelation of a new batch of racist and homophobic texts comes as Police Department and city leadership try to pull the SFPD out of an \u003ca href=\"http://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department\" target=\"_blank\">abyss of scandal\u003c/a>, not only involving \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">previously revealed bigoted texts\u003c/a>, but also the fatal shootings of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">black\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/tag/alejandro-nieto\" target=\"_blank\">Latino\u003c/a> residents and a consistently \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\">astronomical racial disparity\u003c/a> in arrests.\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee said Friday he was disappointed and frustrated to learn of a new batch of text messages that reportedly, according to District Attorney George Gascón, liberally employ racist slurs for African-Americans and disparage members of the LGBT community.\u003c/p>\n\u003cp>\"This is the second batch, and maybe there's a third,\" Lee said in an interview Friday. \"Our public should never be disgraced with the kind of attitudes reflected in these text messages.\"\u003c/p>\n\u003cp>He said he will schedule meetings with police employee groups, including the main officers' union as well as the Asian Officers Association, Officers for Justice, the Police Pride Alliance and others.\u003c/p>\n\u003cp>\"These officers seem to feel that they could talk in this way and get away with it,\" Lee said of at least four officers most directly linked to the latest scandal. \"That tells me that there’s some culture going on here.\"\u003c/p>\n\u003cp>Lee declined to wade into a back-and-fourth between Gascón and Suhr concerning how prosecutors became aware of the texts, and when.\u003c/p>\n\u003cp>\"The main thing is not to fester over who knew what when,\" Lee said. \"It’s when we discovered it, it is our obligation to end it, to serve up examples of why this is bad for the city, for the police force and for the respect of all the other officers that do their best.\"\u003c/p>\n\u003cfigure id=\"attachment_10917102\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/Adachi-800x1133.jpg\" alt=\"San Francisco public defender Jeff Adachi.\" width=\"800\" height=\"1133\" class=\"size-medium wp-image-10917102\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-800x1133.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-400x567.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-1180x1672.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-960x1360.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco public defender Jeff Adachi. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But who knew what when is of great concern to San Francisco Public Defender Jeff Adachi. He said in an interview Friday that Gascón had a legal obligation to turn over evidence of the texts to relevant defense attorneys as soon as prosecutors became aware of them.\u003c/p>\n\u003cp>\"The district attorney says that he just found out about this, yet the chief of police told me that he informed the district attorney six months ago,\" Adachi said. \"It’s a big question because the district attorney, once they have evidence like this of bias, under the law they have to turn it over to the defense because it affects the credibility of these witnesses, and that was not done.\"\u003c/p>\n\u003cp>Adachi's been writing his own letters in the wake of the latest bigoted text messages. He's \u003ca href=\"https://www.scribd.com/doc/306686616/Jeff-Adachi-Letter-to-George-Gascon-Re-Racist-Texts\" target=\"_blank\">asking the district attorney\u003c/a> for a comprehensive list of every case that involved the officers who sent or received bigoted text messages. He said last year's texting scandal resulted in the dismissal of more than a dozen prosecutions.\u003c/p>\n\u003cp>\"I’ve also made it clear that we want to see all the correspondence between the DA and the chief as to when they became aware of these incidents,\" he said. \"We don’t know at this point how many cases could be affected.\"\u003c/p>\n\u003cp>Retired California Superior Court Judge Ladoris Cordell said it was very disheartening to learn of a new batch of bigoted texts. She's \u003ca href=\"http://ww2.kqed.org/news/2016/01/19/blue-ribbon-panel-hears-testimony-on-s-f-police-and-racism\" target=\"_blank\">been serving\u003c/a> on a \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">special panel\u003c/a> Gascón convened last year after the first text messaging scandal came to light. She and two other retired judges have been reviewing some 4,000 incident reports prepared by the officers involved, looking for any indications that the overt bigotry displayed in their text messages spilled into their decisions to make arrests.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It raises the question of now do we have to expand and look at the police reports dating back for these particular officers,\" she said in an interview Friday. \"Or maybe it’s time to just throw up our hands and say, we don’t need to do this, that what’s going on in the Police Department is such that we just need to pull back, take stock and make some major change.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "More SFPD Officers Sent Bigoted Text Messages, Even During 'Textgate' Scandal",
"title": "More SFPD Officers Sent Bigoted Text Messages, Even During 'Textgate' Scandal",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cstrong>Updated 7:25 p.m. Thursday, March 31:\u003c/strong>\u003c/p>\n\u003cp>A new group of San Francisco police officers traded \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">bigoted text messages\u003c/a> in 2014 and 2015, expanding the number of officers accused of making overtly racist, homophobic and sexist statements.\u003c/p>\n\u003cp>District Attorney George Gascón said Thursday that the San Francisco Police Department delivered some 5,000 pages of evidence to his office in late 2015 as part of criminal investigation, and that evidence contained the offensive texts.\u003c/p>\n\u003cp>\"The messages are very clearly talking about African Americans and using the 'N word' repeatedly,\" Gascón said. \"They’re talking about members of the LGBT community also in a very disparaging fashion, and in the context of the conversation, they’re obviously intended to be racist in nature or homophobic. But again, we’ve only scratched the surface.\"\u003c/p>\n\u003cp>Gascón said he couldn't divulge the details of the criminal investigation that netted the offensive messages or the names of the officers involved.\u003c/p>\n\u003caside class=\"pullquote alignright\">'A substantial number of officers in the San Francisco Police Department feel very comfortable displaying very racist and homophobic behavior. This happened before, during and after the previous scandal, which shows these individuals really didn’t care.'\u003ccite>George Gascón,\u003cbr>San Francisco District Attorney\u003c/cite>\u003c/aside>\n\u003cp>But the Police Department said in a \u003ca href=\"https://www.scribd.com/doc/306580286/SFPD-Statement-on-Internal-Affairs-Investigation\" target=\"_blank\">written statement\u003c/a> Thursday afternoon that the texts emerged through its internal investigation of Officer Jason Lai.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A woman \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">accused Lai last August\u003c/a> of raping her while he was off duty. SFPD \u003ca href=\"http://sanfranciscopolice.org/article/sfpd-officer-arrested-following-internal-affairs-probe\" target=\"_blank\">said last week\u003c/a> that there was insufficient evidence to prove a sexual assault charge, but \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-arrested-connection-sexual-assault-probe/\" target=\"_blank\">Lai was charged\u003c/a> with six misdemeanor counts of unlawfully using police department records. Lt. Curtis Liu -- who has since retired -- is also under investigation for allegedly alerting Lai of the internal probe against him.\u003c/p>\n\u003cp>Both Lai and Liu swapped offensive texts, according to the Police Department, as did two other unnamed officers, one of whom has also since left the SFPD.\u003c/p>\n\u003cp>\"As part of the criminal investigation, the Department searched cell phone records of the involved members and determined that four of those members had sent text messages containing reprehensible racial and homophobic remarks,\" SFPD's statement says. \"The Department acted immediately in suspending officers involved in these text messages and referring the matter to the Police Commission for discipline up to and including termination.\"\u003c/p>\n\u003cfigure id=\"attachment_10915902\" class=\"wp-caption alignright\" style=\"max-width: 297px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Lai.jpg\" rel=\"attachment wp-att-10915902\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Lai.jpg\" alt=\"Officer Jason Lai.\" width=\"297\" height=\"372\" class=\"size-full wp-image-10915902\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Officer Jason Lai. \u003ccite>(Courtesy of the San Francisco Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Three additional unnamed officers \"received single questionable text messages from Officer Lai ... but did not send any questionable messages,\" according to the SFPD. \"The investigation concluded that there was insufficient evidence to bring [disciplinary] charges against the officers.\"\u003c/p>\n\u003cp>Gascón said these newly discovered messages were sent in 2014 through late-2015, indicating that officers continued to swap inappropriate messages even after a similar but unrelated scandal \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">broke last March\u003c/a>.\u003c/p>\n\u003cp>The earlier batch of messages were made public in \u003ca href=\"http://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">a federal court filing\u003c/a> concerning former SFPD Sgt. Ian Furminger, and all the messages were recovered from his personal cell phone as part of a federal criminal investigation.\u003c/p>\n\u003cp>That original scandal was dubbed \"Textgate\" by a black and minority \u003ca href=\"http://officersforjustice.org/\" target=\"_blank\">SFPD officers' group\u003c/a>. One of the text message exchanges targeted the group's president, Sgt. Yulanda Williams, using slurs for both African-Americans and women.\u003c/p>\n\u003cp>Suhr \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">attempted to fire eight of the officers involved\u003c/a> and discipline others, but nine of them successfully challenged that discipline in superior court. \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">A judge ruled in December\u003c/a> that the department had allowed a one-year statute of limitations for disciplining officers to expire before pursuing the case. The officers remain on paid leave as the city appeals the ruling.\u003c/p>\n\u003cp>Prosecutors recently began to discover this second batch of text messages with repeated use of \"the N word,\" Gascón said, and derogatory language about \"members of the LGBT community.\"\u003c/p>\n\u003caside class=\"pullquote alignright\">'For you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous. This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice.'\u003ccite>Greg Suhr,\u003cbr>San Francisco Police Chief\u003c/cite>\u003c/aside>\n\u003cp>\"I think that some of the language was referring to other members of the SFPD as well,\" he said.\u003c/p>\n\u003cp>Gascón said he sent a letter to SFPD Chief Greg Suhr Wednesday alerting him to the texts and outlining his concerns. He declined to provide a copy of the letter, saying it contained the officers' names and other confidential information. He said Thursday afternoon that he had not received a response from the department.\u003c/p>\n\u003cp>That response came from Suhr a couple hours later in the form of \u003ca href=\"https://www.scribd.com/doc/306581549/Greg-Suhr-Letter-to-George-Gascon-March-31-2016\" target=\"_blank\">a letter\u003c/a> that was shared widely with reporters.\u003c/p>\n\u003cp>In his response, in which \"DA Gascón\" is crossed out and replaced with a handwritten \"George,\" Suhr wrote that the department became aware of the offensive text messages on Aug. 8 of last year, and SFPD told the DA's office about them multiple times:\u003c/p>\n\u003cblockquote>\u003cp>\nOnce the Department identified the officers involved, I immediately placed these officers on suspension. We repeatedly notified your office of the existence of the text messages on September 21, 2015, October 6, 2015, November 2, 2015, and in January 2016. For your information, these contacts and notifications are documented in the chronological record of investigation, as well as emails.\u003cbr>\n...\u003cbr>\nFor you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous. This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice. My Department is fully committed to the fair administration of justice, and to that end, has provided information and materials relating to the allegations during this cooperative effort.\n\u003c/p>\u003c/blockquote>\n\u003cp>This latest revelation of more SFPD officers swapping bigoted messages comes after Gascón's response to the previous scandal sparked a feud with \u003ca href=\"http://www.sfpoa.org\" target=\"_blank\">the San Francisco Police Officers Association\u003c/a>.\u003c/p>\n\u003cp>Gascón convened a \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">blue ribbon panel\u003c/a> to investigate bias in the SFPD.\u003c/p>\n\u003cp>The current and former association presidents recently accused Gascón of making racist comments, himself, at a dinner in 2010, and they have said the blue ribbon panel lacks the authority to prosecute officers.\u003c/p>\n\u003cp>[contextly_sidebar id=\"QB0ORHVedtD4HZxt3L87M1RhdEaFGILt\"]\u003c/p>\n\u003cp>“The San Francisco Police Officers’ Association condemns the appalling racist behavior committed by a handful of officers,\" POA President Martin Halloran said in a written statement Thursday afternoon about the new text messages. \"They have disgraced the uniform and their profession.\"\u003c/p>\n\u003cp>Halloran similarly condemned the previous messages, but later confirmed that a board controlling the POA's legal defense fund voted to pay for the officers' attorneys. He said that was to enforce the statute of limitations and other legal protections state law grants peace officers.\u003c/p>\n\u003cp>\"This conduct will not be tolerated in the SFPD, nor in the POA,\" Halloran wrote Thursday. \"Chief Suhr has the full support of the POA to take appropriate disciplinary action that protects the due process rights of the officers.\"\u003c/p>\n\u003cp>Gascón said the latest batch of bigoted messages point to a broader cultural problem in the department.\u003c/p>\n\u003cp>\"A substantial number of officers in the San Francisco Police Department feel very comfortable displaying very racist and homophobic behavior,\" Gascón said. \"This happened before, during and after the previous scandal, which shows these individuals really didn’t care.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Gascón said his office would begin a probe of arrests and prosecutions that involved the most recently implicated officers under a similar process that last year flagged some 4,000 arrests for \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">review\u003c/a>.\u003c/p>\n\n",
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"excerpt": "New charges of additional bigoted text messages follow a scandal that broke last year involving 14 officers.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated 7:25 p.m. Thursday, March 31:\u003c/strong>\u003c/p>\n\u003cp>A new group of San Francisco police officers traded \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">bigoted text messages\u003c/a> in 2014 and 2015, expanding the number of officers accused of making overtly racist, homophobic and sexist statements.\u003c/p>\n\u003cp>District Attorney George Gascón said Thursday that the San Francisco Police Department delivered some 5,000 pages of evidence to his office in late 2015 as part of criminal investigation, and that evidence contained the offensive texts.\u003c/p>\n\u003cp>\"The messages are very clearly talking about African Americans and using the 'N word' repeatedly,\" Gascón said. \"They’re talking about members of the LGBT community also in a very disparaging fashion, and in the context of the conversation, they’re obviously intended to be racist in nature or homophobic. But again, we’ve only scratched the surface.\"\u003c/p>\n\u003cp>Gascón said he couldn't divulge the details of the criminal investigation that netted the offensive messages or the names of the officers involved.\u003c/p>\n\u003caside class=\"pullquote alignright\">'A substantial number of officers in the San Francisco Police Department feel very comfortable displaying very racist and homophobic behavior. This happened before, during and after the previous scandal, which shows these individuals really didn’t care.'\u003ccite>George Gascón,\u003cbr>San Francisco District Attorney\u003c/cite>\u003c/aside>\n\u003cp>But the Police Department said in a \u003ca href=\"https://www.scribd.com/doc/306580286/SFPD-Statement-on-Internal-Affairs-Investigation\" target=\"_blank\">written statement\u003c/a> Thursday afternoon that the texts emerged through its internal investigation of Officer Jason Lai.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A woman \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">accused Lai last August\u003c/a> of raping her while he was off duty. SFPD \u003ca href=\"http://sanfranciscopolice.org/article/sfpd-officer-arrested-following-internal-affairs-probe\" target=\"_blank\">said last week\u003c/a> that there was insufficient evidence to prove a sexual assault charge, but \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-arrested-connection-sexual-assault-probe/\" target=\"_blank\">Lai was charged\u003c/a> with six misdemeanor counts of unlawfully using police department records. Lt. Curtis Liu -- who has since retired -- is also under investigation for allegedly alerting Lai of the internal probe against him.\u003c/p>\n\u003cp>Both Lai and Liu swapped offensive texts, according to the Police Department, as did two other unnamed officers, one of whom has also since left the SFPD.\u003c/p>\n\u003cp>\"As part of the criminal investigation, the Department searched cell phone records of the involved members and determined that four of those members had sent text messages containing reprehensible racial and homophobic remarks,\" SFPD's statement says. \"The Department acted immediately in suspending officers involved in these text messages and referring the matter to the Police Commission for discipline up to and including termination.\"\u003c/p>\n\u003cfigure id=\"attachment_10915902\" class=\"wp-caption alignright\" style=\"max-width: 297px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Lai.jpg\" rel=\"attachment wp-att-10915902\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Lai.jpg\" alt=\"Officer Jason Lai.\" width=\"297\" height=\"372\" class=\"size-full wp-image-10915902\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Officer Jason Lai. \u003ccite>(Courtesy of the San Francisco Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Three additional unnamed officers \"received single questionable text messages from Officer Lai ... but did not send any questionable messages,\" according to the SFPD. \"The investigation concluded that there was insufficient evidence to bring [disciplinary] charges against the officers.\"\u003c/p>\n\u003cp>Gascón said these newly discovered messages were sent in 2014 through late-2015, indicating that officers continued to swap inappropriate messages even after a similar but unrelated scandal \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">broke last March\u003c/a>.\u003c/p>\n\u003cp>The earlier batch of messages were made public in \u003ca href=\"http://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">a federal court filing\u003c/a> concerning former SFPD Sgt. Ian Furminger, and all the messages were recovered from his personal cell phone as part of a federal criminal investigation.\u003c/p>\n\u003cp>That original scandal was dubbed \"Textgate\" by a black and minority \u003ca href=\"http://officersforjustice.org/\" target=\"_blank\">SFPD officers' group\u003c/a>. One of the text message exchanges targeted the group's president, Sgt. Yulanda Williams, using slurs for both African-Americans and women.\u003c/p>\n\u003cp>Suhr \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">attempted to fire eight of the officers involved\u003c/a> and discipline others, but nine of them successfully challenged that discipline in superior court. \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">A judge ruled in December\u003c/a> that the department had allowed a one-year statute of limitations for disciplining officers to expire before pursuing the case. The officers remain on paid leave as the city appeals the ruling.\u003c/p>\n\u003cp>Prosecutors recently began to discover this second batch of text messages with repeated use of \"the N word,\" Gascón said, and derogatory language about \"members of the LGBT community.\"\u003c/p>\n\u003caside class=\"pullquote alignright\">'For you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous. This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice.'\u003ccite>Greg Suhr,\u003cbr>San Francisco Police Chief\u003c/cite>\u003c/aside>\n\u003cp>\"I think that some of the language was referring to other members of the SFPD as well,\" he said.\u003c/p>\n\u003cp>Gascón said he sent a letter to SFPD Chief Greg Suhr Wednesday alerting him to the texts and outlining his concerns. He declined to provide a copy of the letter, saying it contained the officers' names and other confidential information. He said Thursday afternoon that he had not received a response from the department.\u003c/p>\n\u003cp>That response came from Suhr a couple hours later in the form of \u003ca href=\"https://www.scribd.com/doc/306581549/Greg-Suhr-Letter-to-George-Gascon-March-31-2016\" target=\"_blank\">a letter\u003c/a> that was shared widely with reporters.\u003c/p>\n\u003cp>In his response, in which \"DA Gascón\" is crossed out and replaced with a handwritten \"George,\" Suhr wrote that the department became aware of the offensive text messages on Aug. 8 of last year, and SFPD told the DA's office about them multiple times:\u003c/p>\n\u003cblockquote>\u003cp>\nOnce the Department identified the officers involved, I immediately placed these officers on suspension. We repeatedly notified your office of the existence of the text messages on September 21, 2015, October 6, 2015, November 2, 2015, and in January 2016. For your information, these contacts and notifications are documented in the chronological record of investigation, as well as emails.\u003cbr>\n...\u003cbr>\nFor you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous. This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice. My Department is fully committed to the fair administration of justice, and to that end, has provided information and materials relating to the allegations during this cooperative effort.\n\u003c/p>\u003c/blockquote>\n\u003cp>This latest revelation of more SFPD officers swapping bigoted messages comes after Gascón's response to the previous scandal sparked a feud with \u003ca href=\"http://www.sfpoa.org\" target=\"_blank\">the San Francisco Police Officers Association\u003c/a>.\u003c/p>\n\u003cp>Gascón convened a \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">blue ribbon panel\u003c/a> to investigate bias in the SFPD.\u003c/p>\n\u003cp>The current and former association presidents recently accused Gascón of making racist comments, himself, at a dinner in 2010, and they have said the blue ribbon panel lacks the authority to prosecute officers.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“The San Francisco Police Officers’ Association condemns the appalling racist behavior committed by a handful of officers,\" POA President Martin Halloran said in a written statement Thursday afternoon about the new text messages. \"They have disgraced the uniform and their profession.\"\u003c/p>\n\u003cp>Halloran similarly condemned the previous messages, but later confirmed that a board controlling the POA's legal defense fund voted to pay for the officers' attorneys. He said that was to enforce the statute of limitations and other legal protections state law grants peace officers.\u003c/p>\n\u003cp>\"This conduct will not be tolerated in the SFPD, nor in the POA,\" Halloran wrote Thursday. \"Chief Suhr has the full support of the POA to take appropriate disciplinary action that protects the due process rights of the officers.\"\u003c/p>\n\u003cp>Gascón said the latest batch of bigoted messages point to a broader cultural problem in the department.\u003c/p>\n\u003cp>\"A substantial number of officers in the San Francisco Police Department feel very comfortable displaying very racist and homophobic behavior,\" Gascón said. \"This happened before, during and after the previous scandal, which shows these individuals really didn’t care.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gascón said his office would begin a probe of arrests and prosecutions that involved the most recently implicated officers under a similar process that last year flagged some 4,000 arrests for \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">review\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "The Police Union's Bad Math and the Politics of Crime in San Francisco",
"title": "The Police Union's Bad Math and the Politics of Crime in San Francisco",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>The most recent salvo from the San Francisco Police Officers Association aimed at the city's district attorney missed its mark, by more than 600 percentage points.\u003c/p>\n\u003cp>Martin Halloran, president of the officers' union, provided the only reaction in a press release floated yesterday afternoon by Nathan Ballard, a San Francisco spokesman-for-hire who's been coordinating the POA's attacks against District Attorney George Gascón as a simmering feud erupted into a very public fight over the past year.\u003c/p>\n\u003cp>The crowing headline: \"We're #1: On Gascon's [sic] Watch, A 666.9% Increase in Property Crime in San Francisco.\"\u003c/p>\n\u003cp>Why would the police union want to trumpet a (false) increase in crime?\u003c/p>\n\u003cp>The union's fight with Gascón hit a new high last week when Halloran and former POA President Gary Delagnes \u003ca href=\"http://www.sfexaminer.com/sf-police-union-claims-gascon-made-disparaging-remarks/\" target=\"_blank\">stated under oath\u003c/a> that Gascón made racist remarks at a dinner in 2010. That was in response to the DA's convening of a \u003ca href=\"http://ww2.kqed.org/news/2016/01/19/blue-ribbon-panel-hears-testimony-on-s-f-police-and-racism\" target=\"_blank\">special panel\u003c/a> to investigate racism and accountability in the SFPD, which the \u003ca href=\"http://ww2.kqed.org/news/2016/01/29/s-f-district-attorney-calls-out-mayor-for-lip-service-on-police-reform\" target=\"_blank\">POA has opposed\u003c/a>. Gascón testified to the panel \u003ca href=\"http://www.sfgate.com/bayarea/article/Greg-Suhr-George-Gasc-n-at-odds-over-SFPD-6848158.php\" target=\"_blank\">last month\u003c/a> that the union obstructed officer discipline and was too close to SFPD leadership.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Such was the context Thursday when Ballard sent out the incorrect press release.\u003c/p>\n\u003cp>\"This staggering increase of 666.9% is a direct result of Prop 47, a law that D.A. George Gascon [sic] co-authored,\" Halloran is quoted as saying in the release. \"Gascon [sic] should be fighting a war on crime. Instead he's fighting a war against the police department.\"\u003c/p>\n\u003cp>San Francisco Chronicle editor Demian Bulwa tweeted the bad math:\u003cbr>\nhttps://twitter.com/demianbulwa/status/708094766743838724\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/11/10/Mixed-Results-For-Proposition-47\" target=\"_blank\">Proposition 47\u003c/a> took effect in late 2014 and reclassified some thefts of property worth less than $950 from potential felonies to misdemeanors. Gascón trumpeted the measure as a solution to over-incarceration, and the law requires any state savings to be funneled into truancy prevention, mental health, substance abuse treatment and services for crime victims.\u003c/p>\n\u003cp>The law has been \u003ca href=\"http://www.npr.org/2016/01/22/463210910/california-cops-frustrated-with-catch-and-release-crime-fighting\" target=\"_blank\">attacked by some\u003c/a> public safety leaders as being behind a rise in crime throughout the state.\u003c/p>\n\u003cp>But the San Francisco POA's \"staggering increase\" is absolutely false.\u003c/p>\n\u003cp>The ill-conceived advisory relies on a Feb. 17 \u003ca href=\"http://www.ppic.org/main/blog_detail.asp?i=1954\" target=\"_blank\">blog post\u003c/a> from two researchers at the Public Policy Institute of California, which reported San Francisco's property crime \u003cem>rate\u003c/em>, per 100,000 residents, jumped by that amount.\u003c/p>\n\u003cp>https://twitter.com/NateBallard/status/708161111900626944\u003c/p>\n\u003cp>The PPIC was trying to show how many more property crimes occurred per 100,000 people in San Francisco in the first six months of 2015, compared with the first six months of 2014, according to the post's authors. That rate did increase by 666.9 in raw numbers, from 2,508.5 property crimes per 100,000 residents in the first half of 2014 to 3,175.4 between January and June, 2015. That's according to preliminary 2015 crime data from the FBI.\u003c/p>\n\u003cp>But if we're talking percentages, that's a 26.6 percent increase in the rate, not 666.9 percent.\u003c/p>\n\u003cp>\"There is a large difference,\" said PPIC senior fellow Magnus Lofstrom, who co-authored the blog post. \"I’ve been working with crime statistics for a number of years now, and this is the first time I’ve heard the numbers being mis-cited to this extent.\"\u003c/p>\n\u003cp>San Francisco's actual property crime percent increase between the first half of 2014 and the first half of 2015 was also 27 percent -- from 21,330 crimes to 27,001, again according to FBI data.\u003c/p>\n\u003cp>\"It’s still a big increase,\" PPIC research associate and post co-author Brandon Martin said, but both he and Lofstrom said it's far too early to tell what, if any, role Proposition 47 has played in San Francisco's surging property crime rate.\u003c/p>\n\u003cp>\"We made historic changes to our incarceration rate,\" Martin said, noting decreases in the tens of thousands in prison and jail populations in recent years. \"As you change incarceration rates, you may see changes in crime rates.\"\u003c/p>\n\u003cp>The researchers said more comprehensive statistics for 2015 will likely come out over the summer, from both the FBI and California Department of Justice, and a clearer picture of Proposition 47's impact could emerge then.\u003c/p>\n\u003cp>Halloran said Friday that the release was inaccurate, but he stood by the assertion that Proposition 47 is contributing to a rise in crime.\u003c/p>\n\u003cp>\"I think it was pretty deceptive,\" he said. \"Now we're suffering the consequences of that.\"\u003c/p>\n\u003cp>\"For those who say that it’s too early to tell, I would have agreed with them this time last year,\" he said. \"I no longer agree with them. Prop 47 has been on the books now for well over a year, and the results are in.\"\u003c/p>\n\u003cp>The question of which San Francisco official should shoulder the blame for a crime increase leads to another layer of data -- arrests versus prosecutions.\u003c/p>\n\u003cp>San Francisco district attorney spokesman Max Szabo said while reported property crimes climbed by more than 6,000 between the first halves of 2014 and 2015, SFPD presented fewer cases to the DA.\u003c/p>\n\u003cp>A surge in car burglaries over the past several years has driven San Francisco's property crime increase, \u003ca href=\"http://www.sfgate.com/crime/article/Car-break-ins-fuel-spike-in-S-F-property-crimes-6775664.php\" target=\"_blank\">the Chronicle reports\u003c/a>, quoting SFPD leadership.\u003c/p>\n\u003cp>\"San Francisco has an auto burglary problem,\" Szabo said, noting that prosecutors charged 115 more of those cases in 2015, compared with 2014. But, he said, police make an arrest in only about 2 percent of reported auto burglaries, and that rate held steady between 2014 and 2015.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"They’re desperate to evade scrutiny, even if that means hoodwinking the public,\" Szabo said. \"The POA and its lackey are issuing recklessly false statements in an attempt to discredit efforts towards reform and it’s shameful.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The most recent salvo from the San Francisco Police Officers Association aimed at the city's district attorney missed its mark, by more than 600 percentage points.\u003c/p>\n\u003cp>Martin Halloran, president of the officers' union, provided the only reaction in a press release floated yesterday afternoon by Nathan Ballard, a San Francisco spokesman-for-hire who's been coordinating the POA's attacks against District Attorney George Gascón as a simmering feud erupted into a very public fight over the past year.\u003c/p>\n\u003cp>The crowing headline: \"We're #1: On Gascon's [sic] Watch, A 666.9% Increase in Property Crime in San Francisco.\"\u003c/p>\n\u003cp>Why would the police union want to trumpet a (false) increase in crime?\u003c/p>\n\u003cp>The union's fight with Gascón hit a new high last week when Halloran and former POA President Gary Delagnes \u003ca href=\"http://www.sfexaminer.com/sf-police-union-claims-gascon-made-disparaging-remarks/\" target=\"_blank\">stated under oath\u003c/a> that Gascón made racist remarks at a dinner in 2010. That was in response to the DA's convening of a \u003ca href=\"http://ww2.kqed.org/news/2016/01/19/blue-ribbon-panel-hears-testimony-on-s-f-police-and-racism\" target=\"_blank\">special panel\u003c/a> to investigate racism and accountability in the SFPD, which the \u003ca href=\"http://ww2.kqed.org/news/2016/01/29/s-f-district-attorney-calls-out-mayor-for-lip-service-on-police-reform\" target=\"_blank\">POA has opposed\u003c/a>. Gascón testified to the panel \u003ca href=\"http://www.sfgate.com/bayarea/article/Greg-Suhr-George-Gasc-n-at-odds-over-SFPD-6848158.php\" target=\"_blank\">last month\u003c/a> that the union obstructed officer discipline and was too close to SFPD leadership.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Such was the context Thursday when Ballard sent out the incorrect press release.\u003c/p>\n\u003cp>\"This staggering increase of 666.9% is a direct result of Prop 47, a law that D.A. George Gascon [sic] co-authored,\" Halloran is quoted as saying in the release. \"Gascon [sic] should be fighting a war on crime. Instead he's fighting a war against the police department.\"\u003c/p>\n\u003cp>San Francisco Chronicle editor Demian Bulwa tweeted the bad math:\u003cbr>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/11/10/Mixed-Results-For-Proposition-47\" target=\"_blank\">Proposition 47\u003c/a> took effect in late 2014 and reclassified some thefts of property worth less than $950 from potential felonies to misdemeanors. Gascón trumpeted the measure as a solution to over-incarceration, and the law requires any state savings to be funneled into truancy prevention, mental health, substance abuse treatment and services for crime victims.\u003c/p>\n\u003cp>The law has been \u003ca href=\"http://www.npr.org/2016/01/22/463210910/california-cops-frustrated-with-catch-and-release-crime-fighting\" target=\"_blank\">attacked by some\u003c/a> public safety leaders as being behind a rise in crime throughout the state.\u003c/p>\n\u003cp>But the San Francisco POA's \"staggering increase\" is absolutely false.\u003c/p>\n\u003cp>The ill-conceived advisory relies on a Feb. 17 \u003ca href=\"http://www.ppic.org/main/blog_detail.asp?i=1954\" target=\"_blank\">blog post\u003c/a> from two researchers at the Public Policy Institute of California, which reported San Francisco's property crime \u003cem>rate\u003c/em>, per 100,000 residents, jumped by that amount.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The PPIC was trying to show how many more property crimes occurred per 100,000 people in San Francisco in the first six months of 2015, compared with the first six months of 2014, according to the post's authors. That rate did increase by 666.9 in raw numbers, from 2,508.5 property crimes per 100,000 residents in the first half of 2014 to 3,175.4 between January and June, 2015. That's according to preliminary 2015 crime data from the FBI.\u003c/p>\n\u003cp>But if we're talking percentages, that's a 26.6 percent increase in the rate, not 666.9 percent.\u003c/p>\n\u003cp>\"There is a large difference,\" said PPIC senior fellow Magnus Lofstrom, who co-authored the blog post. \"I’ve been working with crime statistics for a number of years now, and this is the first time I’ve heard the numbers being mis-cited to this extent.\"\u003c/p>\n\u003cp>San Francisco's actual property crime percent increase between the first half of 2014 and the first half of 2015 was also 27 percent -- from 21,330 crimes to 27,001, again according to FBI data.\u003c/p>\n\u003cp>\"It’s still a big increase,\" PPIC research associate and post co-author Brandon Martin said, but both he and Lofstrom said it's far too early to tell what, if any, role Proposition 47 has played in San Francisco's surging property crime rate.\u003c/p>\n\u003cp>\"We made historic changes to our incarceration rate,\" Martin said, noting decreases in the tens of thousands in prison and jail populations in recent years. \"As you change incarceration rates, you may see changes in crime rates.\"\u003c/p>\n\u003cp>The researchers said more comprehensive statistics for 2015 will likely come out over the summer, from both the FBI and California Department of Justice, and a clearer picture of Proposition 47's impact could emerge then.\u003c/p>\n\u003cp>Halloran said Friday that the release was inaccurate, but he stood by the assertion that Proposition 47 is contributing to a rise in crime.\u003c/p>\n\u003cp>\"I think it was pretty deceptive,\" he said. \"Now we're suffering the consequences of that.\"\u003c/p>\n\u003cp>\"For those who say that it’s too early to tell, I would have agreed with them this time last year,\" he said. \"I no longer agree with them. Prop 47 has been on the books now for well over a year, and the results are in.\"\u003c/p>\n\u003cp>The question of which San Francisco official should shoulder the blame for a crime increase leads to another layer of data -- arrests versus prosecutions.\u003c/p>\n\u003cp>San Francisco district attorney spokesman Max Szabo said while reported property crimes climbed by more than 6,000 between the first halves of 2014 and 2015, SFPD presented fewer cases to the DA.\u003c/p>\n\u003cp>A surge in car burglaries over the past several years has driven San Francisco's property crime increase, \u003ca href=\"http://www.sfgate.com/crime/article/Car-break-ins-fuel-spike-in-S-F-property-crimes-6775664.php\" target=\"_blank\">the Chronicle reports\u003c/a>, quoting SFPD leadership.\u003c/p>\n\u003cp>\"San Francisco has an auto burglary problem,\" Szabo said, noting that prosecutors charged 115 more of those cases in 2015, compared with 2014. But, he said, police make an arrest in only about 2 percent of reported auto burglaries, and that rate held steady between 2014 and 2015.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"They’re desperate to evade scrutiny, even if that means hoodwinking the public,\" Szabo said. \"The POA and its lackey are issuing recklessly false statements in an attempt to discredit efforts towards reform and it’s shameful.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Jury Clears S.F. Police Officers of Wrongdoing in Nieto Shooting",
"title": "Jury Clears S.F. Police Officers of Wrongdoing in Nieto Shooting",
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"content": "\u003cp>An eight-member jury found no wrongdoing Thursday on the part of four San Francisco police officers who fatally shot a man in Bernal Heights Park two years ago.\u003c/p>\n\u003cp>The verdict in the federal civil rights trial marks the end of almost two years of litigation over the high-profile officer-involved shooting of \u003ca href=\"http://ww2.kqed.org/news/tag/alejandro-nieto\" target=\"_blank\">Alejandro \"Alex\" Nieto\u003c/a> on March 21, 2014.\u003c/p>\n\u003cp>Defendants Richard Schiff, Jason Sawyer, Roger Morse and Nate Chew testified that Nieto pointed a Taser stun gun at them and, believing it was a handgun, they fired at him until he stopped pointing it. Schiff and Sawyer reloaded during what plaintiffs' attorneys characterized as a \"one-sided firefight,\" and the four officers shot a total of 59 times, according to the \u003ca href=\"http://ww2.kqed.org/news/2015/02/13/sf-district-attorney-police-acted-lawfully-in-nieto-shooting\" target=\"_blank\">district attorney's investigation\u003c/a> of the shooting, which also cleared the officers of any wrongdoing.\u003c/p>\n\u003cp>\"It’s a tragic event to lose a child in any way that that ever happens,\" Deputy City Attorney Margaret Baumgartner told reporters after the verdict. \"But my officers didn’t violate the Constitution when they used force in this situation, and the jury obviously found that Mr. Nieto had what looked like a gun in his hands.\"\u003c/p>\n\u003cfigure id=\"attachment_10891906\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-10891906 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/AlexNieto-800x974.jpg\" alt='Alejandro \"Alex\" Nieto was shot and killed by San Francisco police on March 21, 2014.' width=\"800\" height=\"974\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto-800x974.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto-400x487.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto-1180x1436.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto-960x1169.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Alejandro 'Alex' Nieto was shot and killed by San Francisco police on March 21, 2014. \u003ccite>(Courtesy Ben Bac Sierra)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Three of the \u003ca href=\"http://ww2.kqed.org/news/2016/03/03/rookie-and-veteran-s-f-police-officers-at-center-of-alejandro-nieto-shooting-testify\" target=\"_blank\">officers testified\u003c/a> that they saw a red laser sight coming from Nieto's Taser, and they continued to fire as long as they saw it -- and what they thought was a gun -- pointed at them. Morse said he never saw the laser sight, but he believed Nieto was pointing and firing a gun at him.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The jury deliberated for a total of about eight hours between the end of closing arguments on Wednesday and delivering its verdict Thursday afternoon.\u003c/p>\n\u003cp>Nieto's parents were devastated as they left the courthouse, according to their attorney and supporters. They did not stop to speak with reporters gathering outside.\u003c/p>\n\u003cp>\"Alex was a loving human being,\" said Ely Flores, who added that he'd been a close friend of Nieto's for several years. \"Alex was a gentle Buddhist, and Alex had a degree in the criminal justice system. Alex was on his way to become a probation officer, and he was brutally killed by the SFPD, somebody he looked up to. This is irony.\"\u003c/p>\n\u003cp>Plaintiffs' attorney Adante Pointer said he is \"considering all our legal options,\" but stopped short of promising an appeal.\u003c/p>\n\u003cp>\"It’s a sad day for my clients, the Nietos, but it’s an even worse day for the city of San Francisco,\" he said, adding that he was surprised physical evidence and the testimony of a civilian witness didn't sway the jury.\u003c/p>\n\u003cp>Antonio Theodore testified during the trial that he \u003ca href=\"http://ww2.kqed.org/news/2016/03/07/a-department-on-trial-civil-case-dissects-s-f-police-shooting-in-federal-court\" target=\"_blank\">saw the shooting from a bluff\u003c/a> overlooking an access road in Bernal Heights Park. He said Nieto's hands never left his pockets during the shooting, and officers didn't give him time to respond to commands before they opened fire.\u003c/p>\n\u003cp>But Theodore also said during cross-examination that his memory was hazy and that he had become an alcoholic since the shooting.\u003c/p>\n\u003cp>[contextly_sidebar id=\"eKK1cHPYJlt5HSBSkcg1CTvxpwn21CVF\"]\u003c/p>\n\u003cp>Pointer said that a bone fragment discovered in Nieto's left jacket pocket and the fact that his Taser was discovered in its \"off\" position backed up Theodore's account of the shooting.\u003c/p>\n\u003cp>\"They claim a man’s hand was in front of him, but yet his wrist bone is in his pocket,\" Pointer said. \"They claim a Taser was on and pointed at them and fired at them, but not a single officer says that they saw it fired.\"\u003c/p>\n\u003cp>The verdict comes as the San Francisco Police Department is besieged by scandals involving fatal shootings and racism. The jury in the Nieto trial was barred from hearing testimony about additional high-profile shootings following the incident. The most recent fatal SFPD shooting of a suspect, that of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a> on Dec. 2, prompted a \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">review by the U.S. Department of Justice\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/2016/02/11/talk-of-tasers-overwhelms-debate-over-s-f-police-use-of-force\" target=\"_blank\">sweeping reforms\u003c/a> to the department's use-of-force policies. Part of the changes to SFPD use of force is to discourage multiple officers from firing a large number of gunshots at a suspect.\u003c/p>\n\u003cp>\"It is harder to present these cases to a jury because of what’s been reported in the press about other events,\" Baumgartner said, adding that jurors were required to focus only on the Nieto shooting. \"This was a singular event by these particular officers who had to make an instantaneous decision about what to do, and this jury found that they acted appropriately.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Nietos' supporters said they would channel their efforts into other cases alleging misconduct by the SFPD.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>An eight-member jury found no wrongdoing Thursday on the part of four San Francisco police officers who fatally shot a man in Bernal Heights Park two years ago.\u003c/p>\n\u003cp>The verdict in the federal civil rights trial marks the end of almost two years of litigation over the high-profile officer-involved shooting of \u003ca href=\"http://ww2.kqed.org/news/tag/alejandro-nieto\" target=\"_blank\">Alejandro \"Alex\" Nieto\u003c/a> on March 21, 2014.\u003c/p>\n\u003cp>Defendants Richard Schiff, Jason Sawyer, Roger Morse and Nate Chew testified that Nieto pointed a Taser stun gun at them and, believing it was a handgun, they fired at him until he stopped pointing it. Schiff and Sawyer reloaded during what plaintiffs' attorneys characterized as a \"one-sided firefight,\" and the four officers shot a total of 59 times, according to the \u003ca href=\"http://ww2.kqed.org/news/2015/02/13/sf-district-attorney-police-acted-lawfully-in-nieto-shooting\" target=\"_blank\">district attorney's investigation\u003c/a> of the shooting, which also cleared the officers of any wrongdoing.\u003c/p>\n\u003cp>\"It’s a tragic event to lose a child in any way that that ever happens,\" Deputy City Attorney Margaret Baumgartner told reporters after the verdict. \"But my officers didn’t violate the Constitution when they used force in this situation, and the jury obviously found that Mr. Nieto had what looked like a gun in his hands.\"\u003c/p>\n\u003cfigure id=\"attachment_10891906\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-10891906 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/AlexNieto-800x974.jpg\" alt='Alejandro \"Alex\" Nieto was shot and killed by San Francisco police on March 21, 2014.' width=\"800\" height=\"974\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto-800x974.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto-400x487.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto-1180x1436.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/AlexNieto-960x1169.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Alejandro 'Alex' Nieto was shot and killed by San Francisco police on March 21, 2014. \u003ccite>(Courtesy Ben Bac Sierra)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Three of the \u003ca href=\"http://ww2.kqed.org/news/2016/03/03/rookie-and-veteran-s-f-police-officers-at-center-of-alejandro-nieto-shooting-testify\" target=\"_blank\">officers testified\u003c/a> that they saw a red laser sight coming from Nieto's Taser, and they continued to fire as long as they saw it -- and what they thought was a gun -- pointed at them. Morse said he never saw the laser sight, but he believed Nieto was pointing and firing a gun at him.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The jury deliberated for a total of about eight hours between the end of closing arguments on Wednesday and delivering its verdict Thursday afternoon.\u003c/p>\n\u003cp>Nieto's parents were devastated as they left the courthouse, according to their attorney and supporters. They did not stop to speak with reporters gathering outside.\u003c/p>\n\u003cp>\"Alex was a loving human being,\" said Ely Flores, who added that he'd been a close friend of Nieto's for several years. \"Alex was a gentle Buddhist, and Alex had a degree in the criminal justice system. Alex was on his way to become a probation officer, and he was brutally killed by the SFPD, somebody he looked up to. This is irony.\"\u003c/p>\n\u003cp>Plaintiffs' attorney Adante Pointer said he is \"considering all our legal options,\" but stopped short of promising an appeal.\u003c/p>\n\u003cp>\"It’s a sad day for my clients, the Nietos, but it’s an even worse day for the city of San Francisco,\" he said, adding that he was surprised physical evidence and the testimony of a civilian witness didn't sway the jury.\u003c/p>\n\u003cp>Antonio Theodore testified during the trial that he \u003ca href=\"http://ww2.kqed.org/news/2016/03/07/a-department-on-trial-civil-case-dissects-s-f-police-shooting-in-federal-court\" target=\"_blank\">saw the shooting from a bluff\u003c/a> overlooking an access road in Bernal Heights Park. He said Nieto's hands never left his pockets during the shooting, and officers didn't give him time to respond to commands before they opened fire.\u003c/p>\n\u003cp>But Theodore also said during cross-examination that his memory was hazy and that he had become an alcoholic since the shooting.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Pointer said that a bone fragment discovered in Nieto's left jacket pocket and the fact that his Taser was discovered in its \"off\" position backed up Theodore's account of the shooting.\u003c/p>\n\u003cp>\"They claim a man’s hand was in front of him, but yet his wrist bone is in his pocket,\" Pointer said. \"They claim a Taser was on and pointed at them and fired at them, but not a single officer says that they saw it fired.\"\u003c/p>\n\u003cp>The verdict comes as the San Francisco Police Department is besieged by scandals involving fatal shootings and racism. The jury in the Nieto trial was barred from hearing testimony about additional high-profile shootings following the incident. The most recent fatal SFPD shooting of a suspect, that of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a> on Dec. 2, prompted a \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">review by the U.S. Department of Justice\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/2016/02/11/talk-of-tasers-overwhelms-debate-over-s-f-police-use-of-force\" target=\"_blank\">sweeping reforms\u003c/a> to the department's use-of-force policies. Part of the changes to SFPD use of force is to discourage multiple officers from firing a large number of gunshots at a suspect.\u003c/p>\n\u003cp>\"It is harder to present these cases to a jury because of what’s been reported in the press about other events,\" Baumgartner said, adding that jurors were required to focus only on the Nieto shooting. \"This was a singular event by these particular officers who had to make an instantaneous decision about what to do, and this jury found that they acted appropriately.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Nietos' supporters said they would channel their efforts into other cases alleging misconduct by the SFPD.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "At Center of Nieto Shooting Case, One Witness Is Pitted Against Four S.F. Cops",
"title": "At Center of Nieto Shooting Case, One Witness Is Pitted Against Four S.F. Cops",
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"content": "\u003cp>After a harrowing week in federal court, a group of Alejandro Nieto's friends and supporters climbed a San Francisco hill Friday to the place where the community college student and aspiring law enforcement officer was shot to death by police two years before.\u003c/p>\n\u003cp>Friday -- March 4 -- was Nieto's birthday. He would have turned 30.\u003c/p>\n\u003cp>Many in the group of about 20 people have been meeting there since the \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">March 21, 2014, shooting\u003c/a>, to remember Nieto and plan the political and legal fight that's finally led them to a civil rights trial that \u003ca href=\"http://ww2.kqed.org/news/2016/03/02/officers-to-testify-in-trial-over-fatal-san-francisco-police-shooting\" target=\"_blank\">started last week\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignright\">'These disputed facts bear directly on whether a reasonable officer would have viewed Nieto as an immediate threat to themselves or others. ... A jury will have to decide whom to believe.'\u003ccite>Judge Nathanael Cousins\u003c/cite>\u003c/aside>\n\u003cp>The trial is providing a rare glimpse into the workings of a Police Department \u003ca href=\"http://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department\" target=\"_blank\">besieged\u003c/a> by \u003ca href=\"http://ww2.kqed.org/news/2015/07/13/sfpd-chief-greg-suhr-responds-to-long-list-of-issues-facing-department\" target=\"_blank\">scandals\u003c/a> involving \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">racism\u003c/a>, calls for greater \u003ca href=\"http://ww2.kqed.org/news/2016/01/29/s-f-district-attorney-calls-out-mayor-for-lip-service-on-police-reform\" target=\"_blank\">transparency\u003c/a> and outrage over multiple high-profile police shootings. Officers Richard Schiff, Roger Morse, Nate Chew and Lt. Jason Sawyer all testified during the trial's opening week about their decisions to shoot -- and keep shooting -- at a man supporters say was casually walking down Bernal Hill to his job as a security guard.\u003c/p>\n\u003cp>A crime scene investigator, homicide detective, medical examiner and others testified about the investigations that followed, which cleared the officers of any criminal or administrative wrongdoing. The week ahead will likely see expert testimony critiquing the way police handled the shooting and its aftermath.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I feel like it's been two years of starving for information,\" Adriana Camarena said Friday evening as Nieto's parents tended a shrine for their son. Now, she said, the details coming out in court are overwhelming.\u003c/p>\n\u003cp>As the group set up a birthday cake, a lanky, bearded man with dreadlocks approached along the same path Nieto did as he walked toward a police cruiser two years ago.\u003c/p>\n\u003cp>Antonio Theodore didn't know anyone at the gathering. He didn't go to all the meetings and marches that helped make Nieto's name a hashtag and street tag synonymous \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">in San Francisco's Mission District\u003c/a> with police use of deadly force.\u003c/p>\n\u003cfigure id=\"attachment_10887237\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412.png\" rel=\"attachment wp-att-10887237\">\u003cimg class=\"wp-image-10887237 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412-400x479.png\" alt=\"Alejandro Nieto.\" width=\"400\" height=\"479\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412-400x479.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412.png 600w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alejandro Nieto. \u003ccite>(Courtesy of Ben Bac Sierra)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But what Theodore says he saw the night of the shooting, from a bluff overlooking that access road where Nieto died, is a major reason the case made it to trial. His account contradicts a crucial part of the four \u003ca href=\"http://ww2.kqed.org/news/2016/03/03/rookie-and-veteran-s-f-police-officers-at-center-of-alejandro-nieto-shooting-testify\" target=\"_blank\">officers' story\u003c/a> -- that Nieto pointed a Taser stun gun at them from almost 100 feet away.\u003c/p>\n\u003cp>The officers have all said in either testimony or depositions that they believed Nieto had a handgun and they fired an uninterrupted barrage -- as many as 59 rounds -- as he went to the ground and into a tactical shooting position, continuing to point the weapon at them.\u003c/p>\n\u003cp>Theodore swore in court and repeated in an interview Friday night that Nieto's hands never left his jacket pockets. He said the driver of the first squad car at the scene (another would arrive during the shooting) shouted simply \"stop\" before firing four shots, then a few seconds' pause as Nieto fell to the ground, followed by a hail of bullets from all the officers.\u003c/p>\n\u003cp>\u003cstrong>'Dramatically Different Versions'\u003c/strong>\u003c/p>\n\u003cp>Federal Judge Nathanael Cousins cited Theodore's pretrial testimony in a November ruling that allowed the case to go before a jury.\u003c/p>\n\u003cp>\"Here, there are two dramatically different versions of events presented by the parties,\" he wrote. \"These disputed facts bear directly on whether a reasonable officer would have viewed Nieto as an immediate threat to themselves or others. ... If Theodore testifies at trial as he did at his deposition, and the four officers testify consistently with their reports and deposition testimony, then a jury will have to decide whom to believe.\"\u003c/p>\n\u003cp>Officer Richard Schiff was first to testify in the case. The 25-year-old officer, who was about 10 weeks out of the academy when the shooting took place, kept calm and described in detail shouting \"show me your hands,\" as he and his training officer, then-Sgt. Jason Sawyer, got out of their patrol car with guns drawn.\u003c/p>\n\u003cp>Schiff said he started to repeat the command when Nieto mimicked it back to him, pulled up his jacket with both hands, then reached for his right hip. That was the moment Schiff decided to fire, he testified, but he didn't actually get a round off before Nieto had pulled what he thought was a gun emitting a red laser sight.\u003c/p>\n\u003cfigure id=\"attachment_10887273\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg\" rel=\"attachment wp-att-10887273\">\u003cimg class=\"size-full wp-image-10887273\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg\" alt=\"San Francisco Police Chief Greg Suhr addresses an angry crowd at a town hall meeting four days after police fatally shot Alejandro Nieto.\" width=\"640\" height=\"440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/20140325_183220_Android-640x440-400x275.jpg 400w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief Greg Suhr addresses an angry crowd at a town hall meeting four days after police fatally shot Alejandro Nieto. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I went to fire because he drew the firearm,\" Schiff said. \"I continued to fire because I saw the laser sight.\"\u003c/p>\n\u003cp>Nieto was shot between 7:18 and 7:19 p.m., according to radio calls by Schiff and Sawyer that the defense played in court.\u003c/p>\n\u003cp>Schiff said Nieto went to the ground in a \"tactical prone\" position -- on his stomach with his hands in front of him -- after he fired his first 13 rounds, which appeared to have no effect. Sawyer testified that he thought Nieto might be wearing body armor and began aiming for the head. Both officers said they reloaded and kept firing.\u003c/p>\n\u003cp>Theodore testified he was walking his dog in the park that evening, as he still does most days. He'd arrived about 7 p.m. and noticed Nieto near the access road before he jogged up to a pathway overlooking it. He said he stopped and watched a police car drive slowly up the road.\u003c/p>\n\u003cp>Theodore said he was a little over 100 feet behind the officers and on an elevated path on their left when they stopped and raised their guns at Nieto, who was about another 100 feet up the road.\u003c/p>\n\u003cp>Theodore said he heard the taller officer on the driver's side of the squad car -- which would be Schiff -- say \"stop,\" then immediately fire four shots. He said Nieto fell to his knees after the third shot, then to his face after the fourth, never removing his hands from his front jacket pockets.\u003c/p>\n\u003cp>\"They paused for a little moment and after that they just rapidly opened fire on him while he's already on the ground,\" Theodore said Friday evening, repeating what he said in court. \"That's the part that really angered me and frustrated me.\"\u003c/p>\n\u003cp>\u003cstrong>Witness Repeatedly Impeached\u003c/strong>\u003c/p>\n\u003cp>During cross-examination, the officers' defense counsel, Deputy City Attorney Margaret Baumgartner, pressed Theodore on the timing of events following the shooting.\u003c/p>\n\u003cp>His memory was vague about when he'd spoken to a district attorney's investigator versus one hired by the plaintiffs, for example, or when he publicly announced at a concert that he'd seen the shooting.\u003c/p>\n\u003cp>\"It's been long,\" Theodore said on the stand. \"My memory's not right. I've been kind of an alcoholic since.\"\u003c/p>\n\u003cp>Theodore said in the interview Friday evening that he had trouble sleeping and eating since witnessing the incident, and it drove him to drink.\u003c/p>\n\u003cp>\"I don’t think I function pretty well,\" he said. \"I kind of like been heavily drinking most days after that. I do not eat much. ... I never wanted to have to go to the court.\"\u003c/p>\n\u003cp>But he said there's no doubt in his mind that the core of his testimony is true.\u003c/p>\n\u003cp>\"I’m 100 percent clear on what I saw,\" he said, \"and I would say it over and over.\"\u003c/p>\n\u003cp>\u003cstrong>Questions About a Bone Fragment\u003c/strong>\u003c/p>\n\u003cp>The jury could interpret some physical evidence and other testimony as backing Theodore's version of events.\u003c/p>\n\u003cp>Schiff and Sawyer have testified that their shooting was continuous, and when Schiff ran empty, he shouted a code word, \"red,\" to Sawyer, who responded \"covering.\" The defense played a recording of police dispatch audio in court that captured Sawyer's response.\u003c/p>\n\u003cp>But other witnesses who heard, but didn't see the shooting have testified that they heard the four shot burst, a pause, and then a sustained volley. There's also audio recorded from a nearby surveillance camera that appears to back this account, according to local news website \u003ca href=\"http://www.48hills.org/2014/04/25/listen-gunshots-killed-alex-nieto-sound-file/\" target=\"_blank\">48 Hills\u003c/a>.\u003c/p>\n\u003cp>And there's the matter of a small bone fragment the medical examiner found in Nieto's left pocket. He was shot through the left wrist, and plaintiffs' attorneys argue it suggests Nieto's hands were in his pockets when he was shot.\u003c/p>\n\u003cp>[contextly_sidebar id=\"aJfJUEwIaycNuajnIfKcY7gw3mjGrZTC\"]\u003c/p>\n\u003cp>\"You didn't put that bone in his pocket, did you?\" plaintiff's attorney Adante Pointer asked city medical examiner Amy Hart after he revealed the bone fragment's existence to the jury.\u003c/p>\n\u003cp>\"No,\" she said, adding that she didn't try to determine where it came from, but that it could be a piece of Nieto's left wrist or hand. There was a matching tear on Nieto's jacket sleeve, she said, but no bullet holes in his clothing, and no gunshot wounds to his abdomen.\u003c/p>\n\u003cp>There's also a gunshot wound to Nieto's right lower leg that fractured both bones, Hart testified, and bruising on his left leg. She said his right leg couldn't have supported his weight after the shot, and it was possible that Nieto fell to his left knee after it struck him.\u003c/p>\n\u003cp>Officers Morse and Chew got to the scene after Schiff and Sawyer started firing. Morse is scheduled to continue testifying Monday. He said Friday that he never saw the red laser sight the other officers said drove them to keep firing, but added he still believed Nieto was shooting a firearm.\u003c/p>\n\u003cp>Pointer has argued that photos of Nieto's Taser on the scene appear to show it with its safety engaged, meaning it was off and and no power was flowing to the laser sight.\u003c/p>\n\u003cp>The officers' attorneys have not addressed the Taser's on-off switch yet, but the jury will likely hear a lot more about it on Monday, when the defense is scheduled to call an expert from Taser International.\u003c/p>\n\u003cp>\u003cstrong>What the Jury Won't Hear\u003c/strong>\u003c/p>\n\u003cp>The jury won't hear from a psychiatric expert the defense hoped would introduce Nieto's medical history and whether it was likely that a man with a history of depression and a potential diagnosis of schizophrenia (which Nieto disputed when he was still alive, according to journal entries excluded from the case) was attempting to commit \"suicide by cop\" that night on Bernal Hill.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>That's all information the officers couldn't have known at the time they decided to use deadly force, Cousins ruled, and so is immaterial to the jury's decision on whether that force was reasonable or excessive.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a harrowing week in federal court, a group of Alejandro Nieto's friends and supporters climbed a San Francisco hill Friday to the place where the community college student and aspiring law enforcement officer was shot to death by police two years before.\u003c/p>\n\u003cp>Friday -- March 4 -- was Nieto's birthday. He would have turned 30.\u003c/p>\n\u003cp>Many in the group of about 20 people have been meeting there since the \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">March 21, 2014, shooting\u003c/a>, to remember Nieto and plan the political and legal fight that's finally led them to a civil rights trial that \u003ca href=\"http://ww2.kqed.org/news/2016/03/02/officers-to-testify-in-trial-over-fatal-san-francisco-police-shooting\" target=\"_blank\">started last week\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignright\">'These disputed facts bear directly on whether a reasonable officer would have viewed Nieto as an immediate threat to themselves or others. ... A jury will have to decide whom to believe.'\u003ccite>Judge Nathanael Cousins\u003c/cite>\u003c/aside>\n\u003cp>The trial is providing a rare glimpse into the workings of a Police Department \u003ca href=\"http://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department\" target=\"_blank\">besieged\u003c/a> by \u003ca href=\"http://ww2.kqed.org/news/2015/07/13/sfpd-chief-greg-suhr-responds-to-long-list-of-issues-facing-department\" target=\"_blank\">scandals\u003c/a> involving \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">racism\u003c/a>, calls for greater \u003ca href=\"http://ww2.kqed.org/news/2016/01/29/s-f-district-attorney-calls-out-mayor-for-lip-service-on-police-reform\" target=\"_blank\">transparency\u003c/a> and outrage over multiple high-profile police shootings. Officers Richard Schiff, Roger Morse, Nate Chew and Lt. Jason Sawyer all testified during the trial's opening week about their decisions to shoot -- and keep shooting -- at a man supporters say was casually walking down Bernal Hill to his job as a security guard.\u003c/p>\n\u003cp>A crime scene investigator, homicide detective, medical examiner and others testified about the investigations that followed, which cleared the officers of any criminal or administrative wrongdoing. The week ahead will likely see expert testimony critiquing the way police handled the shooting and its aftermath.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I feel like it's been two years of starving for information,\" Adriana Camarena said Friday evening as Nieto's parents tended a shrine for their son. Now, she said, the details coming out in court are overwhelming.\u003c/p>\n\u003cp>As the group set up a birthday cake, a lanky, bearded man with dreadlocks approached along the same path Nieto did as he walked toward a police cruiser two years ago.\u003c/p>\n\u003cp>Antonio Theodore didn't know anyone at the gathering. He didn't go to all the meetings and marches that helped make Nieto's name a hashtag and street tag synonymous \u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\">in San Francisco's Mission District\u003c/a> with police use of deadly force.\u003c/p>\n\u003cfigure id=\"attachment_10887237\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412.png\" rel=\"attachment wp-att-10887237\">\u003cimg class=\"wp-image-10887237 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412-400x479.png\" alt=\"Alejandro Nieto.\" width=\"400\" height=\"479\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412-400x479.png 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/RS10102_Alex-Nieto-at-a-Wedding.png-alt_412.png 600w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alejandro Nieto. \u003ccite>(Courtesy of Ben Bac Sierra)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But what Theodore says he saw the night of the shooting, from a bluff overlooking that access road where Nieto died, is a major reason the case made it to trial. His account contradicts a crucial part of the four \u003ca href=\"http://ww2.kqed.org/news/2016/03/03/rookie-and-veteran-s-f-police-officers-at-center-of-alejandro-nieto-shooting-testify\" target=\"_blank\">officers' story\u003c/a> -- that Nieto pointed a Taser stun gun at them from almost 100 feet away.\u003c/p>\n\u003cp>The officers have all said in either testimony or depositions that they believed Nieto had a handgun and they fired an uninterrupted barrage -- as many as 59 rounds -- as he went to the ground and into a tactical shooting position, continuing to point the weapon at them.\u003c/p>\n\u003cp>Theodore swore in court and repeated in an interview Friday night that Nieto's hands never left his jacket pockets. He said the driver of the first squad car at the scene (another would arrive during the shooting) shouted simply \"stop\" before firing four shots, then a few seconds' pause as Nieto fell to the ground, followed by a hail of bullets from all the officers.\u003c/p>\n\u003cp>\u003cstrong>'Dramatically Different Versions'\u003c/strong>\u003c/p>\n\u003cp>Federal Judge Nathanael Cousins cited Theodore's pretrial testimony in a November ruling that allowed the case to go before a jury.\u003c/p>\n\u003cp>\"Here, there are two dramatically different versions of events presented by the parties,\" he wrote. \"These disputed facts bear directly on whether a reasonable officer would have viewed Nieto as an immediate threat to themselves or others. ... If Theodore testifies at trial as he did at his deposition, and the four officers testify consistently with their reports and deposition testimony, then a jury will have to decide whom to believe.\"\u003c/p>\n\u003cp>Officer Richard Schiff was first to testify in the case. The 25-year-old officer, who was about 10 weeks out of the academy when the shooting took place, kept calm and described in detail shouting \"show me your hands,\" as he and his training officer, then-Sgt. Jason Sawyer, got out of their patrol car with guns drawn.\u003c/p>\n\u003cp>Schiff said he started to repeat the command when Nieto mimicked it back to him, pulled up his jacket with both hands, then reached for his right hip. That was the moment Schiff decided to fire, he testified, but he didn't actually get a round off before Nieto had pulled what he thought was a gun emitting a red laser sight.\u003c/p>\n\u003cfigure id=\"attachment_10887273\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg\" rel=\"attachment wp-att-10887273\">\u003cimg class=\"size-full wp-image-10887273\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg\" alt=\"San Francisco Police Chief Greg Suhr addresses an angry crowd at a town hall meeting four days after police fatally shot Alejandro Nieto.\" width=\"640\" height=\"440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/03/20140325_183220_Android-640x440.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2016/03/20140325_183220_Android-640x440-400x275.jpg 400w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief Greg Suhr addresses an angry crowd at a town hall meeting four days after police fatally shot Alejandro Nieto. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I went to fire because he drew the firearm,\" Schiff said. \"I continued to fire because I saw the laser sight.\"\u003c/p>\n\u003cp>Nieto was shot between 7:18 and 7:19 p.m., according to radio calls by Schiff and Sawyer that the defense played in court.\u003c/p>\n\u003cp>Schiff said Nieto went to the ground in a \"tactical prone\" position -- on his stomach with his hands in front of him -- after he fired his first 13 rounds, which appeared to have no effect. Sawyer testified that he thought Nieto might be wearing body armor and began aiming for the head. Both officers said they reloaded and kept firing.\u003c/p>\n\u003cp>Theodore testified he was walking his dog in the park that evening, as he still does most days. He'd arrived about 7 p.m. and noticed Nieto near the access road before he jogged up to a pathway overlooking it. He said he stopped and watched a police car drive slowly up the road.\u003c/p>\n\u003cp>Theodore said he was a little over 100 feet behind the officers and on an elevated path on their left when they stopped and raised their guns at Nieto, who was about another 100 feet up the road.\u003c/p>\n\u003cp>Theodore said he heard the taller officer on the driver's side of the squad car -- which would be Schiff -- say \"stop,\" then immediately fire four shots. He said Nieto fell to his knees after the third shot, then to his face after the fourth, never removing his hands from his front jacket pockets.\u003c/p>\n\u003cp>\"They paused for a little moment and after that they just rapidly opened fire on him while he's already on the ground,\" Theodore said Friday evening, repeating what he said in court. \"That's the part that really angered me and frustrated me.\"\u003c/p>\n\u003cp>\u003cstrong>Witness Repeatedly Impeached\u003c/strong>\u003c/p>\n\u003cp>During cross-examination, the officers' defense counsel, Deputy City Attorney Margaret Baumgartner, pressed Theodore on the timing of events following the shooting.\u003c/p>\n\u003cp>His memory was vague about when he'd spoken to a district attorney's investigator versus one hired by the plaintiffs, for example, or when he publicly announced at a concert that he'd seen the shooting.\u003c/p>\n\u003cp>\"It's been long,\" Theodore said on the stand. \"My memory's not right. I've been kind of an alcoholic since.\"\u003c/p>\n\u003cp>Theodore said in the interview Friday evening that he had trouble sleeping and eating since witnessing the incident, and it drove him to drink.\u003c/p>\n\u003cp>\"I don’t think I function pretty well,\" he said. \"I kind of like been heavily drinking most days after that. I do not eat much. ... I never wanted to have to go to the court.\"\u003c/p>\n\u003cp>But he said there's no doubt in his mind that the core of his testimony is true.\u003c/p>\n\u003cp>\"I’m 100 percent clear on what I saw,\" he said, \"and I would say it over and over.\"\u003c/p>\n\u003cp>\u003cstrong>Questions About a Bone Fragment\u003c/strong>\u003c/p>\n\u003cp>The jury could interpret some physical evidence and other testimony as backing Theodore's version of events.\u003c/p>\n\u003cp>Schiff and Sawyer have testified that their shooting was continuous, and when Schiff ran empty, he shouted a code word, \"red,\" to Sawyer, who responded \"covering.\" The defense played a recording of police dispatch audio in court that captured Sawyer's response.\u003c/p>\n\u003cp>But other witnesses who heard, but didn't see the shooting have testified that they heard the four shot burst, a pause, and then a sustained volley. There's also audio recorded from a nearby surveillance camera that appears to back this account, according to local news website \u003ca href=\"http://www.48hills.org/2014/04/25/listen-gunshots-killed-alex-nieto-sound-file/\" target=\"_blank\">48 Hills\u003c/a>.\u003c/p>\n\u003cp>And there's the matter of a small bone fragment the medical examiner found in Nieto's left pocket. He was shot through the left wrist, and plaintiffs' attorneys argue it suggests Nieto's hands were in his pockets when he was shot.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"You didn't put that bone in his pocket, did you?\" plaintiff's attorney Adante Pointer asked city medical examiner Amy Hart after he revealed the bone fragment's existence to the jury.\u003c/p>\n\u003cp>\"No,\" she said, adding that she didn't try to determine where it came from, but that it could be a piece of Nieto's left wrist or hand. There was a matching tear on Nieto's jacket sleeve, she said, but no bullet holes in his clothing, and no gunshot wounds to his abdomen.\u003c/p>\n\u003cp>There's also a gunshot wound to Nieto's right lower leg that fractured both bones, Hart testified, and bruising on his left leg. She said his right leg couldn't have supported his weight after the shot, and it was possible that Nieto fell to his left knee after it struck him.\u003c/p>\n\u003cp>Officers Morse and Chew got to the scene after Schiff and Sawyer started firing. Morse is scheduled to continue testifying Monday. He said Friday that he never saw the red laser sight the other officers said drove them to keep firing, but added he still believed Nieto was shooting a firearm.\u003c/p>\n\u003cp>Pointer has argued that photos of Nieto's Taser on the scene appear to show it with its safety engaged, meaning it was off and and no power was flowing to the laser sight.\u003c/p>\n\u003cp>The officers' attorneys have not addressed the Taser's on-off switch yet, but the jury will likely hear a lot more about it on Monday, when the defense is scheduled to call an expert from Taser International.\u003c/p>\n\u003cp>\u003cstrong>What the Jury Won't Hear\u003c/strong>\u003c/p>\n\u003cp>The jury won't hear from a psychiatric expert the defense hoped would introduce Nieto's medical history and whether it was likely that a man with a history of depression and a potential diagnosis of schizophrenia (which Nieto disputed when he was still alive, according to journal entries excluded from the case) was attempting to commit \"suicide by cop\" that night on Bernal Hill.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That's all information the officers couldn't have known at the time they decided to use deadly force, Cousins ruled, and so is immaterial to the jury's decision on whether that force was reasonable or excessive.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Rookie and Veteran S.F. Police Officers Testify About Confronting, Shooting Alejandro Nieto",
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"content": "\u003cp>The pair of San Francisco police officers who first confronted a man they would \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">shoot to death\u003c/a> seconds later in a San Francisco park two years ago testified Wednesday that they were certain Alejandro Nieto was threatening them with a firearm, only to discover after shooting a combined 43 rounds that he was carrying a Taser stun gun.\u003c/p>\n\u003cp>Nieto's parents are suing Lt. Jason Sawyer and Officers Richard Schiff, Roger Morse and Nate Chew in federal court for excessive force causing the wrongful death of their 28-year-old son. They plan to call a civilian witness who will testify that Nieto never drew the Taser he was carrying, according to their attorney, after first calling Schiff and Sawyer to the stand.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Once I realized there was no reaction, I picked up my sights and I aimed for the head.'\u003ccite>Lt. Jason Sawyer,\u003cbr>\nSan Francisco Police Department\u003c/cite>\u003c/aside>\n\u003cp>Both officers testified that Nieto seemed not to react to their gunshots and continued to hold a gun-shaped object in front of him that was casting a red laser sight from its tip.\u003c/p>\n\u003cp>\"Usually there is an expectation that if a person is getting shot or shot at -- maybe they drop the object,\" Sawyer testified. \"If they're getting hit, they wince, scream, yell, something. There was no reaction.\"\u003c/p>\n\u003cp>He said after he emptied the first 13 rounds from his gun and went to reload, he thought maybe Nieto was wearing a bulletproof vest.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Once I realized there was no reaction, I picked up my sights and I aimed for the head,\" he said.\u003c/p>\n\u003cp>\u003cstrong>High-Priority Call: 'We're going'\u003c/strong>\u003c/p>\n\u003cp>Schiff, who is now 25, was about 10 weeks out of the police academy and was being evaluated by Sgt. Jason Sawyer on the evening of March 21, 2014. They had just finished a traffic stop and were talking it over in a gas station parking lot about a mile away when dispatch relayed a 911 call of a man with a gun in Bernal Heights Park.\u003cbr>\n[contextly_sidebar id=\"50GP7S62DmLs54YkseXthAjzhdVxKBXK\"]\u003c/p>\n\u003cp>\"I believe I told Officer Schiff, 'We're going,' \" Sawyer testified. They circled around the south side of Bernal Heights Park, but they couldn't get in, and Schiff eventually pulled around a gate to an access road on the park's northern side.\u003c/p>\n\u003cp>Schiff slowed down when they saw a man matching the description of a Latino male -- 6-foot-1, weighing about 200 pounds and wearing a red jacket -- round a corner on the steep access road and stride toward the officers' patrol car, he testified.\u003c/p>\n\u003cp>The officers' descriptions of Nieto differed slightly. Schiff said he had nothing in his hands; Sawyer said he was carrying a bag.\u003c/p>\n\u003cp>Sawyer suggested Schiff pull a little closer, and they both exited their car with their guns drawn about 30 yards from Nieto.\u003c/p>\n\u003cp>\u003cstrong>'Show me your hands'\u003c/strong>\u003c/p>\n\u003cp>Nieto stopped and took a shooting stance as they were getting out of the car, Schiff said.\u003c/p>\n\u003cp>The rookie officer testified that he shouted, \"Show me your hands!\" once and began to shout it again when Nieto mimicked the phrase back to him, and raised both arms up slightly. Then, Schiff said, Nieto reached to his hip with his right hand.\u003c/p>\n\u003cp>The officer said he made eye contact with Nieto and saw an \"aggressive, angry response\" to the order.\u003c/p>\n\u003cp>\"He understood what I said, heard what I said, was able to articulate it back to me and now presented a serious threat,\" Schiff said.\u003c/p>\n\u003cp>He told the Nietos' attorney, Adante Pointer, that he didn't recall that Nieto was wearing sunglasses and a baseball cap. The officers' lead counsel, Deputy City Attorney Margaret Baumgarten, said after the hearing that there would be further testimony on whether Nieto was wearing sunglasses, but she did not elaborate.\u003c/p>\n\u003cp>Schiff said he saw the laser sight before he was able to fire his first round. After exhausting his first magazine, he shouted \"red\" to Sawyer, a code for being out of ammunition, and Sawyer shouted back \"covering.\" As he reloaded, Schiff said Nieto went to the ground in a prone position -- on his stomach with his arms stretched out in front of him -- and he continued aiming the Taser and its red laser sight.\u003c/p>\n\u003cp>Sometime during the shooting, officers Roger Morse and Nate Chew pulled their cruiser alongside Schiff and Sawyer, but neither of the initial officers noticed they were there until the shooting stopped. Morse and Chew also fired at Nieto and are expected to testify Thursday.\u003c/p>\n\u003cp>\u003cstrong>Cease fire\u003c/strong>\u003c/p>\n\u003cp>All continued shooting until Sawyer gave an order to cease fire.\u003c/p>\n\u003cp>\"I saw his head go down,\" he testified. \"I saw the gun that was in his hand go to the side, and it appeared that his body went limp.\"\u003c/p>\n\u003cp>The officers spread across the road and approached Nieto in a loose line. Morse kicked the Taser away and Schiff searched and handcuffed Nieto. He said Nieto was making noises and moving his mouth, and he was about to start CPR when another officer relieved him so he could be separated from the other involved officers and taken from the scene.\u003c/p>\n\u003cp>Nieto was pronounced dead at the scene.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It was tragic, but unfortunately I was forced,\" Schiff said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The pair of San Francisco police officers who first confronted a man they would \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">shoot to death\u003c/a> seconds later in a San Francisco park two years ago testified Wednesday that they were certain Alejandro Nieto was threatening them with a firearm, only to discover after shooting a combined 43 rounds that he was carrying a Taser stun gun.\u003c/p>\n\u003cp>Nieto's parents are suing Lt. Jason Sawyer and Officers Richard Schiff, Roger Morse and Nate Chew in federal court for excessive force causing the wrongful death of their 28-year-old son. They plan to call a civilian witness who will testify that Nieto never drew the Taser he was carrying, according to their attorney, after first calling Schiff and Sawyer to the stand.\u003c/p>\n\u003caside class=\"pullquote alignright\">'Once I realized there was no reaction, I picked up my sights and I aimed for the head.'\u003ccite>Lt. Jason Sawyer,\u003cbr>\nSan Francisco Police Department\u003c/cite>\u003c/aside>\n\u003cp>Both officers testified that Nieto seemed not to react to their gunshots and continued to hold a gun-shaped object in front of him that was casting a red laser sight from its tip.\u003c/p>\n\u003cp>\"Usually there is an expectation that if a person is getting shot or shot at -- maybe they drop the object,\" Sawyer testified. \"If they're getting hit, they wince, scream, yell, something. There was no reaction.\"\u003c/p>\n\u003cp>He said after he emptied the first 13 rounds from his gun and went to reload, he thought maybe Nieto was wearing a bulletproof vest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Once I realized there was no reaction, I picked up my sights and I aimed for the head,\" he said.\u003c/p>\n\u003cp>\u003cstrong>High-Priority Call: 'We're going'\u003c/strong>\u003c/p>\n\u003cp>Schiff, who is now 25, was about 10 weeks out of the police academy and was being evaluated by Sgt. Jason Sawyer on the evening of March 21, 2014. They had just finished a traffic stop and were talking it over in a gas station parking lot about a mile away when dispatch relayed a 911 call of a man with a gun in Bernal Heights Park.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"I believe I told Officer Schiff, 'We're going,' \" Sawyer testified. They circled around the south side of Bernal Heights Park, but they couldn't get in, and Schiff eventually pulled around a gate to an access road on the park's northern side.\u003c/p>\n\u003cp>Schiff slowed down when they saw a man matching the description of a Latino male -- 6-foot-1, weighing about 200 pounds and wearing a red jacket -- round a corner on the steep access road and stride toward the officers' patrol car, he testified.\u003c/p>\n\u003cp>The officers' descriptions of Nieto differed slightly. Schiff said he had nothing in his hands; Sawyer said he was carrying a bag.\u003c/p>\n\u003cp>Sawyer suggested Schiff pull a little closer, and they both exited their car with their guns drawn about 30 yards from Nieto.\u003c/p>\n\u003cp>\u003cstrong>'Show me your hands'\u003c/strong>\u003c/p>\n\u003cp>Nieto stopped and took a shooting stance as they were getting out of the car, Schiff said.\u003c/p>\n\u003cp>The rookie officer testified that he shouted, \"Show me your hands!\" once and began to shout it again when Nieto mimicked the phrase back to him, and raised both arms up slightly. Then, Schiff said, Nieto reached to his hip with his right hand.\u003c/p>\n\u003cp>The officer said he made eye contact with Nieto and saw an \"aggressive, angry response\" to the order.\u003c/p>\n\u003cp>\"He understood what I said, heard what I said, was able to articulate it back to me and now presented a serious threat,\" Schiff said.\u003c/p>\n\u003cp>He told the Nietos' attorney, Adante Pointer, that he didn't recall that Nieto was wearing sunglasses and a baseball cap. The officers' lead counsel, Deputy City Attorney Margaret Baumgarten, said after the hearing that there would be further testimony on whether Nieto was wearing sunglasses, but she did not elaborate.\u003c/p>\n\u003cp>Schiff said he saw the laser sight before he was able to fire his first round. After exhausting his first magazine, he shouted \"red\" to Sawyer, a code for being out of ammunition, and Sawyer shouted back \"covering.\" As he reloaded, Schiff said Nieto went to the ground in a prone position -- on his stomach with his arms stretched out in front of him -- and he continued aiming the Taser and its red laser sight.\u003c/p>\n\u003cp>Sometime during the shooting, officers Roger Morse and Nate Chew pulled their cruiser alongside Schiff and Sawyer, but neither of the initial officers noticed they were there until the shooting stopped. Morse and Chew also fired at Nieto and are expected to testify Thursday.\u003c/p>\n\u003cp>\u003cstrong>Cease fire\u003c/strong>\u003c/p>\n\u003cp>All continued shooting until Sawyer gave an order to cease fire.\u003c/p>\n\u003cp>\"I saw his head go down,\" he testified. \"I saw the gun that was in his hand go to the side, and it appeared that his body went limp.\"\u003c/p>\n\u003cp>The officers spread across the road and approached Nieto in a loose line. Morse kicked the Taser away and Schiff searched and handcuffed Nieto. He said Nieto was making noises and moving his mouth, and he was about to start CPR when another officer relieved him so he could be separated from the other involved officers and taken from the scene.\u003c/p>\n\u003cp>Nieto was pronounced dead at the scene.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It was tragic, but unfortunately I was forced,\" Schiff said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Officers to Testify in Trial Over Fatal San Francisco Police Shooting",
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"content": "\u003cp>Four San Francisco police officers are scheduled to testify Wednesday in a federal civil rights trial brought by the parents of a man they shot and killed two years ago in Bernal Heights Park.\u003c/p>\n\u003cp>Officers Richard Schiff, Roger Morse, Nate Chew and Lt. Jason Sawyer are all expected to testify that Alejandro Nieto \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">continued to point what they thought was a handgun\u003c/a> at them as they fired dozens of rounds at him, only later discovering he was holding a Taser stun gun.\u003c/p>\n\u003cp>One civilian eyewitness disputes that Nieto ever drew the Taser he was carrying to work as a security guard on the evening of March 21, 2014. Antonio Theodore will testify that Nieto's hands were in his pockets when police opened fire, according to attorney Adante Pointer, who is representing Nieto's parents.\u003c/p>\n\u003cp>[contextly_sidebar id=\"EYwIbX8rK49rG2BmVFVcpNeu7YHi4QPP\"]\u003c/p>\n\u003cp>\"When you have officers who empty a whole clip, reload, and continue firing at a person who a witness says was not holding a Taser, that’s a serious issue, that’s a serious problem and that’s not a credible or reasonable threat,\" Pointer said outside the courthouse Tuesday, noting that the officers fired a total of 59 shots at Nieto.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The officers' defense attorney, Deputy City Attorney Margaret Baumgartner, told the jury they would spend several days scrutinizing an incident that played out in about 11 minutes between the first 911 call reporting a man with a gun and the time Nieto was shot -- looking especially closely at about 45 seconds \"in which these officers actually engaged Mr. Nieto.\"\u003c/p>\n\u003cp>Recently sworn officer Richard Schiff was with his training officer, then-Sgt. Jason Sawyer, when they responded to the call shortly after 7 p.m. Schiff pulled their squad car around a metal gate blocking an access road up Bernal Hill and drove toward a lone man in a red jacket and black hat matching the description they'd received from dispatch, according to the city's trial brief. Schiff stopped about 30 yards away and both officers got out of the car.\u003c/p>\n\u003cp>The city argues the officers shouted at Nieto to \"show me your hands,\" and he responded \"no, show me your hands.\"\u003c/p>\n\u003cp>The eyewitness says he heard officers simply say \"stop\" before immediately opening fire while Nieto's hands were still in his pockets, according to the plaintiff's amended complaint.\u003c/p>\n\u003cp>Police say Nieto drew what looked like a gun before Sawyer and Schiff started firing, and the officers could see the Taser's red laser sight pointing at them. Officers Nathan Chew and Roger Morse pulled up next to Sawyer and Schiff's squad car as they were shooting at Nieto, now lying prone, and also said they saw the red laser sight and began firing, according to the city's trial brief.\u003c/p>\n\u003cp>Investigators recovered 48 shell casings from the scene, a total that does not match the 59 rounds emptied from officers' magazines and guns.\u003c/p>\n\u003cp>Pointer told the jury in his opening statement that Schiff fired 13 rounds, then reloaded and fired 10 more. Sgt. Sawyer also reloaded and fired a total of 20 rounds at Nieto. Chew fired five times, and Morse fired 11 shots, Pointer said.\u003c/p>\n\u003cp>\"It'll be up for the jury to decide and make these credibility determinations whether Mr. Nieto was just a super human that could take shots to his temple, into his mouth, into his chest, into his spine, and still maintain the type of activity that they claim he did,\" Pointer said. \"There's no compelling physical evidence to corroborate the story that Alex somehow maintained his position of pointing something out while receiving gunshots from his temple down to his leg.\"\u003c/p>\n\u003cp>Baumgartner told the jury that all four officers saw a laser sight coming from what they thought was a gun in Nieto's hands, and they all kept firing until he stopped pointing it and his head drooped to the street.\u003c/p>\n\u003cp>\"Although there were a large number of shots fired, only a small percentage of those shots actually hit Mr. Nieto,\" she said, \"and we don't know when most of them hit him.\"\u003c/p>\n\u003cp>Nieto died from 14 or 15 gunshot wounds, possibly caused by as few as 10 bullets, according to the San Francisco \u003ca href=\"http://ww2.kqed.org/news/2014/09/12/Nieto-medical-examiners-report/\" target=\"_blank\">medical examiner's report\u003c/a>.\u003c/p>\n\u003cp>Baumgartner said the officers feared for their lives even after Sawyer shouted \"cease fire\" and they walked over about 90 feet to Nieto's body.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Officer Morse approached, he kicked the gun out of the man's hand and it was at that point they saw the yellow markings on the side of the gun,\" she said. \"And it was only at that point that they realized what this man had been pointing at them was a Taser, and was not a gun.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Four San Francisco police officers are scheduled to testify Wednesday in a federal civil rights trial brought by the parents of a man they shot and killed two years ago in Bernal Heights Park.\u003c/p>\n\u003cp>Officers Richard Schiff, Roger Morse, Nate Chew and Lt. Jason Sawyer are all expected to testify that Alejandro Nieto \u003ca href=\"http://ww2.kqed.org/news/2014/03/26/sfpd-fatal-shooting-bernal-heights\" target=\"_blank\">continued to point what they thought was a handgun\u003c/a> at them as they fired dozens of rounds at him, only later discovering he was holding a Taser stun gun.\u003c/p>\n\u003cp>One civilian eyewitness disputes that Nieto ever drew the Taser he was carrying to work as a security guard on the evening of March 21, 2014. Antonio Theodore will testify that Nieto's hands were in his pockets when police opened fire, according to attorney Adante Pointer, who is representing Nieto's parents.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"When you have officers who empty a whole clip, reload, and continue firing at a person who a witness says was not holding a Taser, that’s a serious issue, that’s a serious problem and that’s not a credible or reasonable threat,\" Pointer said outside the courthouse Tuesday, noting that the officers fired a total of 59 shots at Nieto.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The officers' defense attorney, Deputy City Attorney Margaret Baumgartner, told the jury they would spend several days scrutinizing an incident that played out in about 11 minutes between the first 911 call reporting a man with a gun and the time Nieto was shot -- looking especially closely at about 45 seconds \"in which these officers actually engaged Mr. Nieto.\"\u003c/p>\n\u003cp>Recently sworn officer Richard Schiff was with his training officer, then-Sgt. Jason Sawyer, when they responded to the call shortly after 7 p.m. Schiff pulled their squad car around a metal gate blocking an access road up Bernal Hill and drove toward a lone man in a red jacket and black hat matching the description they'd received from dispatch, according to the city's trial brief. Schiff stopped about 30 yards away and both officers got out of the car.\u003c/p>\n\u003cp>The city argues the officers shouted at Nieto to \"show me your hands,\" and he responded \"no, show me your hands.\"\u003c/p>\n\u003cp>The eyewitness says he heard officers simply say \"stop\" before immediately opening fire while Nieto's hands were still in his pockets, according to the plaintiff's amended complaint.\u003c/p>\n\u003cp>Police say Nieto drew what looked like a gun before Sawyer and Schiff started firing, and the officers could see the Taser's red laser sight pointing at them. Officers Nathan Chew and Roger Morse pulled up next to Sawyer and Schiff's squad car as they were shooting at Nieto, now lying prone, and also said they saw the red laser sight and began firing, according to the city's trial brief.\u003c/p>\n\u003cp>Investigators recovered 48 shell casings from the scene, a total that does not match the 59 rounds emptied from officers' magazines and guns.\u003c/p>\n\u003cp>Pointer told the jury in his opening statement that Schiff fired 13 rounds, then reloaded and fired 10 more. Sgt. Sawyer also reloaded and fired a total of 20 rounds at Nieto. Chew fired five times, and Morse fired 11 shots, Pointer said.\u003c/p>\n\u003cp>\"It'll be up for the jury to decide and make these credibility determinations whether Mr. Nieto was just a super human that could take shots to his temple, into his mouth, into his chest, into his spine, and still maintain the type of activity that they claim he did,\" Pointer said. \"There's no compelling physical evidence to corroborate the story that Alex somehow maintained his position of pointing something out while receiving gunshots from his temple down to his leg.\"\u003c/p>\n\u003cp>Baumgartner told the jury that all four officers saw a laser sight coming from what they thought was a gun in Nieto's hands, and they all kept firing until he stopped pointing it and his head drooped to the street.\u003c/p>\n\u003cp>\"Although there were a large number of shots fired, only a small percentage of those shots actually hit Mr. Nieto,\" she said, \"and we don't know when most of them hit him.\"\u003c/p>\n\u003cp>Nieto died from 14 or 15 gunshot wounds, possibly caused by as few as 10 bullets, according to the San Francisco \u003ca href=\"http://ww2.kqed.org/news/2014/09/12/Nieto-medical-examiners-report/\" target=\"_blank\">medical examiner's report\u003c/a>.\u003c/p>\n\u003cp>Baumgartner said the officers feared for their lives even after Sawyer shouted \"cease fire\" and they walked over about 90 feet to Nieto's body.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Officer Morse approached, he kicked the gun out of the man's hand and it was at that point they saw the yellow markings on the side of the gun,\" she said. \"And it was only at that point that they realized what this man had been pointing at them was a Taser, and was not a gun.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Man Reports Car Stolen, Ends Up in Deportation Limbo",
"title": "Man Reports Car Stolen, Ends Up in Deportation Limbo",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>\u003cem>\u003cstrong>Update, 1:24 p.m. on Feb. 17:\u003c/strong> Pedro Figueroa was released on bail from an ICE detention center on Feb. 3. Also, the San Francisco Police Department initially denied that it had cooperated with federal immigration agents. But an internal ICE document shows that the police and sheriff were in direct communication with ICE about Figueroa.\u003c/em>\u003c/p>\n\u003cp>Pedro Figueroa recently reported to San Francisco police that his car had been stolen. When it was recovered, the police summoned Figueroa to a neighborhood station, where they asked for proof that he owned the car. They also ran his name to check for warrants.\u003c/p>\n\u003cp>\"And they come up with a hit on a warrant in the criminal justice system,\" San Francisco Sheriff Vicki Hennessy says.\u003c/p>\n\u003cp>The police had called her agency for help to check for what's known as a failure-to-appear warrant issued by Immigration and Customs Enforcement. It turned out that Figueroa, 31, was in this country illegally. So a sheriff's clerk called the feds. But Hennessy said no one seemed to know what the warrant was for. Since the police didn't have enough information to hold Figueroa, they decided to release him. And that's when Figueroa's story really got complicated.\u003c/p>\n\u003cp>\"And then my understanding is, there was an agent outside the police station that then picked him up,\" Hennessy says.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://www.npr.org/player/embed/465278302/466898745\" width=\"100%\" height=\"290\" frameborder=\"0\" scrolling=\"no\" title=\"NPR embedded audio player\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>This situation has brought San Francisco's sanctuary city law under scrutiny again. Local law enforcement officials are forbidden from cooperating with federal immigration authorities, except in the cases of violent felons. The law \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\">came under fire\u003c/a> from critics after the \u003ca href=\"http://ww2.kqed.org/news/tag/kate-steinle\" target=\"_blank\">shooting death of Kate Steinle\u003c/a> last July at the hands of a man who was in this country illegally and had been deported multiple times. In the curious case of Figueroa, supporters of the law say the police may have undermined it.\u003c/p>\n\u003cp>Local law enforcement wasn't supposed to contact the feds about Figueroa, says his attorney, Zachary Nightingale.\u003c/p>\n\u003cp>\"I think that Pedro went into the police station honestly believing he had nothing to worry about, that he would collect his stolen car as a crime victim,\" Nightingale says.\u003c/p>\n\u003cp>A spokesman for the San Francisco Police Department was adamant that his agency did not cooperate with federal immigration agents. In a statement released by ICE, the agency said Figueroa was arrested based on his conviction for a misdemeanor DUI and an outstanding deportation order dating back to 2005.\u003c/p>\n\u003caside class=\"pullquote alignright\">'He expected a notice. They didn't have a notice to send him. But they ordered him deported anyways, even though they knew they had never sent him a notice.'\u003ccite>Attorney Zachary Nightingale\u003c/cite>\u003c/aside>\n\u003cp>But when Figueroa's lawyers looked into why he was ordered deported, they found an odd and complex story. In 2005, Figueroa came to the United States seeking asylum after being threatened by gangs in his native El Salvador. Immigration authorities released him from custody pending a hearing. But his case fell through the cracks. Figueroa never knew that ICE tried to deport him because the government never called him to a hearing. And apparently he didn't ask why.\u003c/p>\n\u003cp>Nightingale says the immigration system is riddled with due process problems. \"He expected a notice. They didn't have a notice to send him. But they ordered him deported anyways, even though they knew they had never sent him a notice,\" he says.\u003c/p>\n\u003cp>An immigration judge in Texas acknowledged there was an error in Figueroa's case and agreed to reopen it. The case also reopens the local debate about San Francisco's sanctuary city law. Immigration advocates said someone in the police or sheriff's department dropped the dime on Figueroa. Hennessy denied that.\u003c/p>\n\u003cp>[contextly_sidebar id=\"N560sy4r2BrHcqi47qG6y4Qn7Xhm9KT2\"]\u003c/p>\n\u003cp>\"No, it's not an attack on sanctuary city. I believe in the sanctuary city policies the way they're written now. But I do think there's room for some discretion in looking at particular people with convictions for violent felonies that may come into our custody,\" Hennessy says.\u003c/p>\n\u003cp>But Figueroa has no history of violence. His DUI was a misdemeanor, not a violent felony. San Francisco Supervisor John Avalos worried that the Figueroa case could dissuade unauthorized immigrants from ever talking with the police.\u003c/p>\n\u003cp>\"And we know that if a person who is an immigrant, undocumented, is a witness or victim of a crime, if he or she feels that by talking to law enforcement they'll get caught up in the justice system, they're going to be silent,\" Avalos says.\u003c/p>\n\u003cp>For now, Pedro Figueroa sits in an ICE detention center just east of San Francisco. The immigration court considers his case to be such a priority that it has scheduled a hearing, based on his original asylum claim, for November 2019.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003cstrong>Update, 1:24 p.m. on Feb. 17:\u003c/strong> Pedro Figueroa was released on bail from an ICE detention center on Feb. 3. Also, the San Francisco Police Department initially denied that it had cooperated with federal immigration agents. But an internal ICE document shows that the police and sheriff were in direct communication with ICE about Figueroa.\u003c/em>\u003c/p>\n\u003cp>Pedro Figueroa recently reported to San Francisco police that his car had been stolen. When it was recovered, the police summoned Figueroa to a neighborhood station, where they asked for proof that he owned the car. They also ran his name to check for warrants.\u003c/p>\n\u003cp>\"And they come up with a hit on a warrant in the criminal justice system,\" San Francisco Sheriff Vicki Hennessy says.\u003c/p>\n\u003cp>The police had called her agency for help to check for what's known as a failure-to-appear warrant issued by Immigration and Customs Enforcement. It turned out that Figueroa, 31, was in this country illegally. So a sheriff's clerk called the feds. But Hennessy said no one seemed to know what the warrant was for. Since the police didn't have enough information to hold Figueroa, they decided to release him. And that's when Figueroa's story really got complicated.\u003c/p>\n\u003cp>\"And then my understanding is, there was an agent outside the police station that then picked him up,\" Hennessy says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://www.npr.org/player/embed/465278302/466898745\" width=\"100%\" height=\"290\" frameborder=\"0\" scrolling=\"no\" title=\"NPR embedded audio player\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>This situation has brought San Francisco's sanctuary city law under scrutiny again. Local law enforcement officials are forbidden from cooperating with federal immigration authorities, except in the cases of violent felons. The law \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\">came under fire\u003c/a> from critics after the \u003ca href=\"http://ww2.kqed.org/news/tag/kate-steinle\" target=\"_blank\">shooting death of Kate Steinle\u003c/a> last July at the hands of a man who was in this country illegally and had been deported multiple times. In the curious case of Figueroa, supporters of the law say the police may have undermined it.\u003c/p>\n\u003cp>Local law enforcement wasn't supposed to contact the feds about Figueroa, says his attorney, Zachary Nightingale.\u003c/p>\n\u003cp>\"I think that Pedro went into the police station honestly believing he had nothing to worry about, that he would collect his stolen car as a crime victim,\" Nightingale says.\u003c/p>\n\u003cp>A spokesman for the San Francisco Police Department was adamant that his agency did not cooperate with federal immigration agents. In a statement released by ICE, the agency said Figueroa was arrested based on his conviction for a misdemeanor DUI and an outstanding deportation order dating back to 2005.\u003c/p>\n\u003caside class=\"pullquote alignright\">'He expected a notice. They didn't have a notice to send him. But they ordered him deported anyways, even though they knew they had never sent him a notice.'\u003ccite>Attorney Zachary Nightingale\u003c/cite>\u003c/aside>\n\u003cp>But when Figueroa's lawyers looked into why he was ordered deported, they found an odd and complex story. In 2005, Figueroa came to the United States seeking asylum after being threatened by gangs in his native El Salvador. Immigration authorities released him from custody pending a hearing. But his case fell through the cracks. Figueroa never knew that ICE tried to deport him because the government never called him to a hearing. And apparently he didn't ask why.\u003c/p>\n\u003cp>Nightingale says the immigration system is riddled with due process problems. \"He expected a notice. They didn't have a notice to send him. But they ordered him deported anyways, even though they knew they had never sent him a notice,\" he says.\u003c/p>\n\u003cp>An immigration judge in Texas acknowledged there was an error in Figueroa's case and agreed to reopen it. The case also reopens the local debate about San Francisco's sanctuary city law. Immigration advocates said someone in the police or sheriff's department dropped the dime on Figueroa. Hennessy denied that.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"No, it's not an attack on sanctuary city. I believe in the sanctuary city policies the way they're written now. But I do think there's room for some discretion in looking at particular people with convictions for violent felonies that may come into our custody,\" Hennessy says.\u003c/p>\n\u003cp>But Figueroa has no history of violence. His DUI was a misdemeanor, not a violent felony. San Francisco Supervisor John Avalos worried that the Figueroa case could dissuade unauthorized immigrants from ever talking with the police.\u003c/p>\n\u003cp>\"And we know that if a person who is an immigrant, undocumented, is a witness or victim of a crime, if he or she feels that by talking to law enforcement they'll get caught up in the justice system, they're going to be silent,\" Avalos says.\u003c/p>\n\u003cp>For now, Pedro Figueroa sits in an ICE detention center just east of San Francisco. The immigration court considers his case to be such a priority that it has scheduled a hearing, based on his original asylum claim, for November 2019.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Medical Examiner's Report on Mario Woods Shooting Released",
"title": "Medical Examiner's Report on Mario Woods Shooting Released",
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"content": "\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"instagram-media instagram-media-rendered\" id=\"instagram-embed-0\" src=\"https://www.instagram.com/p/-z3eBvPopx/embed/?v=6\" allowtransparency=\"true\" frameborder=\"0\" height=\"738\" data-instgrm-payload-id=\"instagram-media-payload-0\" scrolling=\"no\" style=\"border: 0px; margin: 1px; max-width: 658px; width: calc(100% - 2px); border-radius: 4px; box-shadow: rgba(0, 0, 0, 0.498039) 0px 0px 1px 0px, rgba(0, 0, 0, 0.14902) 0px 1px 10px 0px; display: block; padding: 0px; background: rgb(255, 255, 255);\" width=\"100%\">\u003c/iframe>\u003c/p>\n\u003cp>Most of the 21 gunshot wounds that killed Mario Woods came from behind him, according to a San Francisco medical examiner's investigation into the fatal shooting released Thursday.\u003c/p>\n\u003cp>The medical examiner's \u003ca href=\"#report\">report\u003c/a> includes toxicology findings indicating methamphetamine, marijuana and traces of other drugs in the 26-year-old's blood.\u003c/p>\n\u003cp>\"There's an excessive number of bullets and shots that the officers fired at him,\" said Oakland-based attorney Adante Pointer, who is part of a group of lawyers representing Woods' mother in a federal civil rights lawsuit against San Francisco. \"There are 21 gunshot wounds, and 20 of the 21 were essentially fired at him from behind. Only one came from the front, and that was to his abdomen.\"\u003c/p>\n\u003cp>Pointer said that single shot in front of Woods was likely fired by an officer seen on \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">cellphone video\u003c/a> stepping into Woods' path moments before five officers fired a barrage of bullets. In all, 27 shell casings were recovered from the scene, the report said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Dec. 2 shooting spurred massive changes within San Francisco law enforcement, including a \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">federal review\u003c/a> of the Police Department, a use-of-force \u003ca href=\"http://ww2.kqed.org/news/2016/02/11/talk-of-tasers-overwhelms-debate-over-s-f-police-use-of-force\" target=\"_blank\">policy overhaul and a renewed call\u003c/a> for police to be equipped with electronic stun guns commonly known as Tasers.\u003c/p>\n\u003cp>San Francisco also filed its \u003ca href=\"https://www.scribd.com/doc/299032167/Defendant-s-Answer-Gwendolyn-Woods-v-San-Francisco-et-al\" target=\"_blank\">response\u003c/a> to Gwendolyn Woods' lawsuit Thursday, making the city's strongest statements yet that the shooting was a legal use of deadly force.\u003c/p>\n\u003cp>In a surprisingly detailed introduction, the city's answer recounts pieces of the incident that have trickled out in the months since the shooting. It says Woods was armed with a knife and had stabbed someone shortly before he was confronted by police. The stabbing victim's DNA matched blood found on a 4-inch steak knife Woods was carrying, the filing says.\u003c/p>\n\u003cp>It also says Woods didn't comply with officers' multiple pleas to drop the knife as they escalated use of \"less-lethal\" force:\u003c/p>\n\u003cblockquote>\u003cp>As the officers tried to contain Woods, back-up officers arrived with the less than lethal weapons. The officers fired bean bags at Woods and ordered him to drop the knife. Woods refused. Officers deployed pepper spray and ordered Woods to drop the knife. Woods refused. None of the alternative forms of force had any effect on Woods. The officers and bystanders told Woods to drop the knife, but he continued to refuse and would not submit to arrest.\u003c/p>\u003c/blockquote>\n\u003cp>The medical examiner's report catalogs five bruises and scrapes attributed to those less-than-lethal rounds.\u003c/p>\n\u003cp>The answer concludes that officers \"have no duty to retreat\" and \"may block the path of a fleeing suspect,\" despite changes that are coming to SFPD policies following the shooting that emphasize slowing down and creating distance in response to suspects who aren't armed with guns.\u003c/p>\n\u003cp>\"The officers' actions were well within the settled parameters regarding the use of lethal force by police officers as spelled out by the United States Supreme Court,\" the city's answer says. \"When a suspect refuses to disarm and refuses to surrender peacefully, officers may use such force as is necessary to protect the public and themselves and to effect the arrest.\"\u003c/p>\n\u003cp>Pointer said neither Woods' alleged criminal history, nor blood work showing an intoxicating level of methamphetamine, could have factored into the officers' decision to use lethal force the moment they began firing at Woods.\u003c/p>\n\u003cp>\"What does inform that decision, which is something they don't want to deal with, is the video,\" Pointer said. \"If you review the video, this man's arms were at his side, and at no time was he lunging at officers.\"\u003c/p>\n\u003cp>Pointer said Woods was \"exhibiting signs of being in some sort of mental distress, whether that be organic or caused by narcotic,\" and police should be able to effect a response, absent a deadly threat \"without needlessly spilling blood.\"\u003c/p>\n\u003cp>A representative from the San Francisco Police Officers Association, which strongly criticized a unanimous resolution from city legislators declaring July 22 \"\u003ca href=\"http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/resolutions16/r0026-16.pdf\" target=\"_blank\">Mario Woods Remembrance Day\u003c/a>,\" said the union had received the medical examiner's report but had no comment at this time.\u003c/p>\n\u003cp>POA President Martin Halloran described Woods as a \"convicted felon, validated gang member, indiscriminate predator, who allegedly attempted to murder an innocent victim in the Bayview,\" in a Feb. 1 written critique of the day of remembrance.\u003cbr>\n\u003ca name=\"report\">\u003c/a>\u003cbr>\nRead the medical examiner's report below. Read San Francisco's answer to Gwendolyn Woods' civil rights complaint \u003ca href=\"https://www.scribd.com/doc/299032167/Defendant-s-Answer-Gwendolyn-Woods-v-San-Francisco-et-al\" target=\"_blank\">here\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=299028240 key=key-6NsdbzzPkYqoXSoOtv3c mode=scroll]\u003c/p>\n\n",
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"excerpt": "Report finds Woods died from 21 gunshot wounds, mostly from behind, and had methamphetamine in his system. City responds to lawsuit in federal court.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"instagram-media instagram-media-rendered\" id=\"instagram-embed-0\" src=\"https://www.instagram.com/p/-z3eBvPopx/embed/?v=6\" allowtransparency=\"true\" frameborder=\"0\" height=\"738\" data-instgrm-payload-id=\"instagram-media-payload-0\" scrolling=\"no\" style=\"border: 0px; margin: 1px; max-width: 658px; width: calc(100% - 2px); border-radius: 4px; box-shadow: rgba(0, 0, 0, 0.498039) 0px 0px 1px 0px, rgba(0, 0, 0, 0.14902) 0px 1px 10px 0px; display: block; padding: 0px; background: rgb(255, 255, 255);\" width=\"100%\">\u003c/iframe>\u003c/p>\n\u003cp>Most of the 21 gunshot wounds that killed Mario Woods came from behind him, according to a San Francisco medical examiner's investigation into the fatal shooting released Thursday.\u003c/p>\n\u003cp>The medical examiner's \u003ca href=\"#report\">report\u003c/a> includes toxicology findings indicating methamphetamine, marijuana and traces of other drugs in the 26-year-old's blood.\u003c/p>\n\u003cp>\"There's an excessive number of bullets and shots that the officers fired at him,\" said Oakland-based attorney Adante Pointer, who is part of a group of lawyers representing Woods' mother in a federal civil rights lawsuit against San Francisco. \"There are 21 gunshot wounds, and 20 of the 21 were essentially fired at him from behind. Only one came from the front, and that was to his abdomen.\"\u003c/p>\n\u003cp>Pointer said that single shot in front of Woods was likely fired by an officer seen on \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">cellphone video\u003c/a> stepping into Woods' path moments before five officers fired a barrage of bullets. In all, 27 shell casings were recovered from the scene, the report said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Dec. 2 shooting spurred massive changes within San Francisco law enforcement, including a \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">federal review\u003c/a> of the Police Department, a use-of-force \u003ca href=\"http://ww2.kqed.org/news/2016/02/11/talk-of-tasers-overwhelms-debate-over-s-f-police-use-of-force\" target=\"_blank\">policy overhaul and a renewed call\u003c/a> for police to be equipped with electronic stun guns commonly known as Tasers.\u003c/p>\n\u003cp>San Francisco also filed its \u003ca href=\"https://www.scribd.com/doc/299032167/Defendant-s-Answer-Gwendolyn-Woods-v-San-Francisco-et-al\" target=\"_blank\">response\u003c/a> to Gwendolyn Woods' lawsuit Thursday, making the city's strongest statements yet that the shooting was a legal use of deadly force.\u003c/p>\n\u003cp>In a surprisingly detailed introduction, the city's answer recounts pieces of the incident that have trickled out in the months since the shooting. It says Woods was armed with a knife and had stabbed someone shortly before he was confronted by police. The stabbing victim's DNA matched blood found on a 4-inch steak knife Woods was carrying, the filing says.\u003c/p>\n\u003cp>It also says Woods didn't comply with officers' multiple pleas to drop the knife as they escalated use of \"less-lethal\" force:\u003c/p>\n\u003cblockquote>\u003cp>As the officers tried to contain Woods, back-up officers arrived with the less than lethal weapons. The officers fired bean bags at Woods and ordered him to drop the knife. Woods refused. Officers deployed pepper spray and ordered Woods to drop the knife. Woods refused. None of the alternative forms of force had any effect on Woods. The officers and bystanders told Woods to drop the knife, but he continued to refuse and would not submit to arrest.\u003c/p>\u003c/blockquote>\n\u003cp>The medical examiner's report catalogs five bruises and scrapes attributed to those less-than-lethal rounds.\u003c/p>\n\u003cp>The answer concludes that officers \"have no duty to retreat\" and \"may block the path of a fleeing suspect,\" despite changes that are coming to SFPD policies following the shooting that emphasize slowing down and creating distance in response to suspects who aren't armed with guns.\u003c/p>\n\u003cp>\"The officers' actions were well within the settled parameters regarding the use of lethal force by police officers as spelled out by the United States Supreme Court,\" the city's answer says. \"When a suspect refuses to disarm and refuses to surrender peacefully, officers may use such force as is necessary to protect the public and themselves and to effect the arrest.\"\u003c/p>\n\u003cp>Pointer said neither Woods' alleged criminal history, nor blood work showing an intoxicating level of methamphetamine, could have factored into the officers' decision to use lethal force the moment they began firing at Woods.\u003c/p>\n\u003cp>\"What does inform that decision, which is something they don't want to deal with, is the video,\" Pointer said. \"If you review the video, this man's arms were at his side, and at no time was he lunging at officers.\"\u003c/p>\n\u003cp>Pointer said Woods was \"exhibiting signs of being in some sort of mental distress, whether that be organic or caused by narcotic,\" and police should be able to effect a response, absent a deadly threat \"without needlessly spilling blood.\"\u003c/p>\n\u003cp>A representative from the San Francisco Police Officers Association, which strongly criticized a unanimous resolution from city legislators declaring July 22 \"\u003ca href=\"http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/resolutions16/r0026-16.pdf\" target=\"_blank\">Mario Woods Remembrance Day\u003c/a>,\" said the union had received the medical examiner's report but had no comment at this time.\u003c/p>\n\u003cp>POA President Martin Halloran described Woods as a \"convicted felon, validated gang member, indiscriminate predator, who allegedly attempted to murder an innocent victim in the Bayview,\" in a Feb. 1 written critique of the day of remembrance.\u003cbr>\n\u003ca name=\"report\">\u003c/a>\u003cbr>\nRead the medical examiner's report below. Read San Francisco's answer to Gwendolyn Woods' civil rights complaint \u003ca href=\"https://www.scribd.com/doc/299032167/Defendant-s-Answer-Gwendolyn-Woods-v-San-Francisco-et-al\" target=\"_blank\">here\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/299028240/content?start_page=1&view_mode=&access_key=key-6NsdbzzPkYqoXSoOtv3c\"\n title=\"http://www.scribd.com/doc/299028240\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_299028240\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/299028240\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"tagline": "The flip side of gentrification, told through one town",
"info": "Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?",
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"tagline": "Exploring the Bay Area, one question at a time",
"info": "KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.",
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"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
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"order": 8
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},
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"order": 1
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"source": "Commonwealth Club of California"
},
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"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
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"order": 9
},
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"id": "fresh-air",
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"hidden-brain": {
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"airtime": "SUN 7pm-8pm",
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"airtime": "SUN 7:30pm-8pm",
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"tagline": "Where conversation and cultura meet",
"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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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"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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"order": 18
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},
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"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"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.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
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},
"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "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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