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"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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"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",
"title": "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",
"headTitle": "News Fix | KQED News",
"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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"title": "Talk of Tasers Overwhelms Police Commission Debate Over SFPD Use of Force",
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"content": "\u003cp>The latest revival of an old San Francisco debate over Tasers dominated a Wednesday night meeting of the city's Police Commission, where the public got its first look at a proposed set of changes to how and when officers are allowed to use force.\u003c/p>\n\u003cp>Police Chief Greg Suhr presented four draft policies to commissioners at the meeting. Three revise and expand existing department general orders on use of force. The fourth would arm approximately 100 specially trained officers with electronic stun guns commonly known by the name of their dominant manufacturer -- Taser.\u003c/p>\n\u003cp>Suhr and Mayor Ed Lee \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/mayor-lee-chief-suhr-for-study-of-new-nonlethal-weapons-including-tasers\" target=\"_blank\">said shortly after\u003c/a> the fatal Dec. 2 police shooting of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a> that the department would again seek approval for the devices. Suhr and three chiefs before him have tried to get approval for using the \"less lethal\" weapons, but public concern that Tasers can be fatal and could be misused derailed each request.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4>San Francisco Police Draft Use-of-Force Policy Changes\u003c/h4>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.scribd.com/doc/298964994/San-Francisco-Police-Department-Draft-Use-of-Force-Policy\" target=\"_blank\">Use of Force\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.scribd.com/doc/298965562/San-Francisco-Police-Department-Draft-Use-of-Force-Reporting-Policy\" target=\"_blank\">Reporting\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.scribd.com/doc/298965450/San-Francisco-Police-Department-Draft-Firearm-Lethal-Force-Policy\" target=\"_blank\">Firearms and Deadly Force\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.scribd.com/doc/298965307/San-Francisco-Police-Department-Draft-Taser-Policy\" target=\"_blank\">CEDs (Tasers)\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The limited pilot program Suhr introduced Wednesday met familiar opposition.\u003c/p>\n\u003cp>\"It’s unfathomable to me to think that adding another weapon to an arsenal of a Police Department that is out of control is going to solve our problems; it's not,\" San Francisco resident Nancy Reiko Kato told commissioners. \"The problem is with the policies that allow police to draw their weapons on unarmed people.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Broad changes to those policies are also on the table. The department's \u003ca href=\"https://www.scribd.com/doc/298964994/San-Francisco-Police-Department-Draft-Use-of-Force-Policy\" target=\"_blank\">proposed use-of-force general order\u003c/a> emphasizes the preservation of human life and verbal de-escalation. It also introduces a principle that any force officers use should be proportional to the threat they're facing, especially if that threat involves a weapon other than a firearm.\u003c/p>\n\u003cp>Police say Woods was armed with a knife and had stabbed someone less than an hour before he was confronted by a large group of officers. Bystander \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> shows Woods begin to stagger away from the main group of officers, but toward one who stepped into his path. Five officers fired a barrage of shots, hitting Woods some 20 times, according to attorneys representing his family in a \u003ca href=\"http://ww2.kqed.org/news/2015/12/11/mario-woods-mother-suing-san-francisco-amid-calls-for-police-chiefs-resignation\" target=\"_blank\">civil rights lawsuit\u003c/a> against the city.\u003c/p>\n\u003cp>\"It’s really kind of astonishing what a horrible time it is for this to even be on your agenda, how disingenuous it is to look at the killing of Mario Woods as being somehow related to the lack of Tasers,\" said Andrea Prichett, head of a Berkeley-based police watchdog organization. \"What killed that man was an incredible lack of sensitivity to the value of black life. That’s what killed him, and it is a deeply rooted culture in San Francisco.\"\u003c/p>\n\u003cp>The head of the San Francisco Police Officers Association has repeatedly said that having Tasers as an option would likely have prevented Woods' death. The police officers union submitted a \u003ca href=\"https://www.scribd.com/doc/298977400/S-F-POA-Draft-Taser-Policy\" target=\"_blank\">separate, broader Taser proposal\u003c/a> to the Police Commission Wednesday that would equip officers specially trained for responses to people in psychiatric crisis -- members of the department's crisis intervention team.\u003c/p>\n\u003cp>[contextly_sidebar id=\"17tO8dQa9689x1eoA9qA67UMxIPRukKp\"]\u003c/p>\n\u003cp>POA President Martin Halloran said the department should train every officer in crisis intervention -- a move already implemented for all new recruits -- and then immediately train and equip them with Tasers.\u003c/p>\n\u003cp>“We are optimistic that, this time, this lifesaving tool will not be stalled by unreasonable opposition,\" he said.\u003c/p>\n\u003cp>Police commissioners didn't discuss the POA's proposal, but all the new draft policies are heading to a working group that will include police officers and heavy representation from the union.\u003c/p>\n\u003cp>Commission President Suzy Loftus said the U.S. Department of Justice would also weigh in as part of a recently announced \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 of the Police Department\u003c/a>.\u003c/p>\n\u003cp>Commissioners Petra DeJesus and Victor Hwang unsuccessfully attempted to remove any discussion of Tasers from the broader use-of-force policy changes.\u003c/p>\n\u003cp>\"This is such a big and controversial issue, it's going to overwhelm our other discussion around the good stuff happening around use of force,\" Hwang said.\u003c/p>\n\u003cp>DeJesus said that including the request for Tasers in use-of-force reforms is a \"backdoor way\" to push the weapons through approval when the public has said over and over again that it doesn't want them.\u003c/p>\n\u003cp>\"The real question is who's asking for the Tasers, and it comes down to the department and the mayor,\" she said. \"That is concerning that we're not even listening to the community.\"\u003c/p>\n\u003cfigure id=\"attachment_10861198\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/Prohibited-1.jpg\" rel=\"attachment wp-att-10861194\">\u003cimg class=\"wp-image-10861198 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/Prohibited-1-800x563.jpg\" alt=\"Prohibited uses of a conducted energy device (Taser) in SFPD's proposed policy.\" width=\"800\" height=\"563\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-800x563.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-400x281.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-768x540.jpg 768w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-1180x830.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-960x675.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1.jpg 1241w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prohibited uses of a conducted energy device (Taser) in SFPD's proposed policy.\u003c/figcaption>\u003c/figure>\n\u003cp>Suhr said the department's proposal is limited and would allow for only about 5 percent of officers -- members of the SWAT Team and others with specialized tactical training -- to carry Tasers.\u003c/p>\n\u003cp>\"They would only be allowed to use the Tasers or the conducted energy device when the suspect is armed with a weapon short of a firearm,\" he said. \"They would be prohibited from using that [Taser] on an unarmed suspect or a person who is only a danger to themselves and a variety of other situations.\"\u003c/p>\n\u003cp>Commission President Loftus said the process would go forward as planned, denying Hwang's request to split Tasers from use-of-force discussions and DeJesus' suggestion that the commission vote on whether the SFPD should pursue the devices before crafting policy for them.\u003c/p>\n\u003cp>That process, including the Justice Department and working group reviews, should take about two months, Loftus said, at which point the policies will come back before the commission.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"This is fundamentally about re-engineering use of force,\" Loftus said. \"Tasers are a part of it that have been requested by the department, but the opportunity is so much bigger for San Francisco to fundamentally lead and actually analyze how we train and equip officers to use force.\"\u003c/p>\n\n",
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"excerpt": "Police Commission considers a bundle of proposed policies following fatal officer-involved killing of Mario Woods.",
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"description": "Police Commission considers a bundle of proposed policies following fatal officer-involved killing of Mario Woods.",
"title": "Talk of Tasers Overwhelms Police Commission Debate Over SFPD Use of Force | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The latest revival of an old San Francisco debate over Tasers dominated a Wednesday night meeting of the city's Police Commission, where the public got its first look at a proposed set of changes to how and when officers are allowed to use force.\u003c/p>\n\u003cp>Police Chief Greg Suhr presented four draft policies to commissioners at the meeting. Three revise and expand existing department general orders on use of force. The fourth would arm approximately 100 specially trained officers with electronic stun guns commonly known by the name of their dominant manufacturer -- Taser.\u003c/p>\n\u003cp>Suhr and Mayor Ed Lee \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/mayor-lee-chief-suhr-for-study-of-new-nonlethal-weapons-including-tasers\" target=\"_blank\">said shortly after\u003c/a> the fatal Dec. 2 police shooting of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a> that the department would again seek approval for the devices. Suhr and three chiefs before him have tried to get approval for using the \"less lethal\" weapons, but public concern that Tasers can be fatal and could be misused derailed each request.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4>San Francisco Police Draft Use-of-Force Policy Changes\u003c/h4>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.scribd.com/doc/298964994/San-Francisco-Police-Department-Draft-Use-of-Force-Policy\" target=\"_blank\">Use of Force\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.scribd.com/doc/298965562/San-Francisco-Police-Department-Draft-Use-of-Force-Reporting-Policy\" target=\"_blank\">Reporting\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.scribd.com/doc/298965450/San-Francisco-Police-Department-Draft-Firearm-Lethal-Force-Policy\" target=\"_blank\">Firearms and Deadly Force\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.scribd.com/doc/298965307/San-Francisco-Police-Department-Draft-Taser-Policy\" target=\"_blank\">CEDs (Tasers)\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The limited pilot program Suhr introduced Wednesday met familiar opposition.\u003c/p>\n\u003cp>\"It’s unfathomable to me to think that adding another weapon to an arsenal of a Police Department that is out of control is going to solve our problems; it's not,\" San Francisco resident Nancy Reiko Kato told commissioners. \"The problem is with the policies that allow police to draw their weapons on unarmed people.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Broad changes to those policies are also on the table. The department's \u003ca href=\"https://www.scribd.com/doc/298964994/San-Francisco-Police-Department-Draft-Use-of-Force-Policy\" target=\"_blank\">proposed use-of-force general order\u003c/a> emphasizes the preservation of human life and verbal de-escalation. It also introduces a principle that any force officers use should be proportional to the threat they're facing, especially if that threat involves a weapon other than a firearm.\u003c/p>\n\u003cp>Police say Woods was armed with a knife and had stabbed someone less than an hour before he was confronted by a large group of officers. Bystander \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> shows Woods begin to stagger away from the main group of officers, but toward one who stepped into his path. Five officers fired a barrage of shots, hitting Woods some 20 times, according to attorneys representing his family in a \u003ca href=\"http://ww2.kqed.org/news/2015/12/11/mario-woods-mother-suing-san-francisco-amid-calls-for-police-chiefs-resignation\" target=\"_blank\">civil rights lawsuit\u003c/a> against the city.\u003c/p>\n\u003cp>\"It’s really kind of astonishing what a horrible time it is for this to even be on your agenda, how disingenuous it is to look at the killing of Mario Woods as being somehow related to the lack of Tasers,\" said Andrea Prichett, head of a Berkeley-based police watchdog organization. \"What killed that man was an incredible lack of sensitivity to the value of black life. That’s what killed him, and it is a deeply rooted culture in San Francisco.\"\u003c/p>\n\u003cp>The head of the San Francisco Police Officers Association has repeatedly said that having Tasers as an option would likely have prevented Woods' death. The police officers union submitted a \u003ca href=\"https://www.scribd.com/doc/298977400/S-F-POA-Draft-Taser-Policy\" target=\"_blank\">separate, broader Taser proposal\u003c/a> to the Police Commission Wednesday that would equip officers specially trained for responses to people in psychiatric crisis -- members of the department's crisis intervention team.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>POA President Martin Halloran said the department should train every officer in crisis intervention -- a move already implemented for all new recruits -- and then immediately train and equip them with Tasers.\u003c/p>\n\u003cp>“We are optimistic that, this time, this lifesaving tool will not be stalled by unreasonable opposition,\" he said.\u003c/p>\n\u003cp>Police commissioners didn't discuss the POA's proposal, but all the new draft policies are heading to a working group that will include police officers and heavy representation from the union.\u003c/p>\n\u003cp>Commission President Suzy Loftus said the U.S. Department of Justice would also weigh in as part of a recently announced \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 of the Police Department\u003c/a>.\u003c/p>\n\u003cp>Commissioners Petra DeJesus and Victor Hwang unsuccessfully attempted to remove any discussion of Tasers from the broader use-of-force policy changes.\u003c/p>\n\u003cp>\"This is such a big and controversial issue, it's going to overwhelm our other discussion around the good stuff happening around use of force,\" Hwang said.\u003c/p>\n\u003cp>DeJesus said that including the request for Tasers in use-of-force reforms is a \"backdoor way\" to push the weapons through approval when the public has said over and over again that it doesn't want them.\u003c/p>\n\u003cp>\"The real question is who's asking for the Tasers, and it comes down to the department and the mayor,\" she said. \"That is concerning that we're not even listening to the community.\"\u003c/p>\n\u003cfigure id=\"attachment_10861198\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/Prohibited-1.jpg\" rel=\"attachment wp-att-10861194\">\u003cimg class=\"wp-image-10861198 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/Prohibited-1-800x563.jpg\" alt=\"Prohibited uses of a conducted energy device (Taser) in SFPD's proposed policy.\" width=\"800\" height=\"563\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-800x563.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-400x281.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-768x540.jpg 768w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-1180x830.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1-960x675.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/Prohibited-1.jpg 1241w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prohibited uses of a conducted energy device (Taser) in SFPD's proposed policy.\u003c/figcaption>\u003c/figure>\n\u003cp>Suhr said the department's proposal is limited and would allow for only about 5 percent of officers -- members of the SWAT Team and others with specialized tactical training -- to carry Tasers.\u003c/p>\n\u003cp>\"They would only be allowed to use the Tasers or the conducted energy device when the suspect is armed with a weapon short of a firearm,\" he said. \"They would be prohibited from using that [Taser] on an unarmed suspect or a person who is only a danger to themselves and a variety of other situations.\"\u003c/p>\n\u003cp>Commission President Loftus said the process would go forward as planned, denying Hwang's request to split Tasers from use-of-force discussions and DeJesus' suggestion that the commission vote on whether the SFPD should pursue the devices before crafting policy for them.\u003c/p>\n\u003cp>That process, including the Justice Department and working group reviews, should take about two months, Loftus said, at which point the policies will come back before the commission.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"This is fundamentally about re-engineering use of force,\" Loftus said. \"Tasers are a part of it that have been requested by the department, but the opportunity is so much bigger for San Francisco to fundamentally lead and actually analyze how we train and equip officers to use force.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "San Francisco Poised to Award Taser With Police Body Cam Contract",
"title": "San Francisco Poised to Award Taser With Police Body Cam Contract",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>San Francisco's \u003ca href=\"http://ww2.kqed.org/news/2015/06/18/the-story-behind-the-sfpd-body-cam-programs-many-delays\" target=\"_blank\">long road\u003c/a> to outfitting city police with body cameras appears heading for an anticlimactic conclusion, at least as far as which company will land the lucrative contract for the San Francisco Police Department.\u003c/p>\n\u003cp>The city's Office of Contract Administration \u003ca href=\"http://mission.sfgov.org/OCA_BID_ATTACHMENTS/FA43757.pdf\" target=\"_blank\">announced its intent\u003c/a> to award the approximately 1,800-camera contract -- including subscription cloud-based data storage -- to Taser International Tuesday following a four-month bidding process.\u003c/p>\n\u003cp>But to some observers concerned about a previous sole-source or no-bid contract with Taser for an SFPD body-camera pilot program that never launched, Taser's apparent win of the much larger contract came as no surprise.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=4vkmKK3EPxg&feature=youtu.be\u003c/p>\n\u003cp>\"We obviously believe that there’s an unfair playing field out there caused by Taser and its behavior,\" said Thomas Heckman, chief financial officer for Taser competitor Digital Ally. \"I think most if not all the other body-worn camera manufacturers would share that same thought.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kansas-based Digital Ally, which contracts locally with the Richmond Police Department, filed a \u003ca href=\"https://www.scribd.com/doc/298801378/Digital-Ally-Inc-v-Taser-International-Inc\" target=\"_blank\">federal lawsuit\u003c/a> against Taser last month alleging patent infringement. The company amended its lawsuit in early February, alleging commercial bribery, unfair trade practices and unlawful business practices.\u003c/p>\n\u003cp>The meat of those allegations: Taser is unlawfully inducing local purchasing authorities to \"treat or deem Taser as the 'sole source' of body cams, without any consideration of the competing products offered by Digital and others,\" according to the lawsuit.\u003c/p>\n\u003cp>[contextly_sidebar id=\"57LIg3F7vEqgiriVoieSYNGOprBOnett\"]\u003c/p>\n\u003cp>Heckman said Digital Ally tried to bid for San Francisco's contract but was \"immediately knocked out of the running.\" City purchasers told Digital Ally, Heckman said, that the company did not have enough large contracts in major cities to compete in San Francisco.\u003c/p>\n\u003cp>\"We've got over 80,000 units in the field,\" Heckman said. \"We're the No.2 provider of body-worn cameras in the U.S. market, and we don't understand the reasoning here.\"\u003c/p>\n\u003cp>The \"intent to award\" announcement comes as the city is likely to consider deploying a better-known Taser International product -- electronic stun guns best known by the company's name.\u003c/p>\n\u003cp>The Dec. 2 fatal \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">police shooting of Mario Woods\u003c/a> by a group of San Francisco police officers catapulted Taser stun guns, for a fifth time, back into the laps of city policymakers.\u003c/p>\n\u003cp>The shooting was captured on bystander cellphone videos -- not SFPD body cameras because they have yet to be deployed -- and it sent a shock wave through San Francisco. Changes in the wake of the Woods shooting include a federal Department of Justice \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> and \u003ca href=\"http://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\">revisions to police use-of-force policies\u003c/a>, which Police Chief Greg Suhr and officers union head Martin Halloran have said should include the deployment of Taser stun guns.\u003cbr>\n[contextly_sidebar id=\"iqJyePoYbIuxEyXcSRrDTKNalpdchujI\"]\u003cbr>\n\"The experts are in agreement that Tasers are a valuable tool that will save lives,\" Halloran wrote in an op-ed published in the \u003ca href=\"http://www.sfchronicle.com/opinion/article/San-Francisco-police-welcome-federal-investigation-6808769.php\" target=\"_blank\">San Francisco Chronicle\u003c/a> Sunday. \"They will not work all of the time. But, based on what we know, if our officers had Tasers on the night of the Bayview [Mario Woods] shooting, that incident would likely have ended without the loss of a human life. That’s why we are launching a proposal to make Tasers available to all police officers in San Francisco.\"\u003c/p>\n\u003cp>The San Francisco Office of Contract Administration did not respond to repeated inquiries Tuesday for supporting documentation regarding its \"intent to award\" announcement.\u003c/p>\n\u003cp>Taser Executive Vice President Josh Isner said his company is excited by San Francisco's announcement.\u003c/p>\n\u003cp>Isner said he couldn't say much beyond that because any contract between San Francisco and Taser has yet to be finalized, but he said the city's intent to award proved Taser's products can compete on an even playing field.\u003c/p>\n\u003cp>\"There were a lot of questions around the initial sole source,\" Isner said of the abandoned San Francisco pilot program. \"In San Francisco, just like a lot of deployments, they've gone to RFP, everyone's had the ability to submit a proposal, and we've received the intent to award.\"\u003c/p>\n\u003cp>As for Digital Ally's lawsuit, Isner said it is \"unfortunate.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We're certainly preparing to litigate that in the courtroom,\" he said.\u003c/p>\n\n",
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"excerpt": "Notice of intent to award the large body-cam contract comes as San Francisco again considers Taser 'stun guns' for city police.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco's \u003ca href=\"http://ww2.kqed.org/news/2015/06/18/the-story-behind-the-sfpd-body-cam-programs-many-delays\" target=\"_blank\">long road\u003c/a> to outfitting city police with body cameras appears heading for an anticlimactic conclusion, at least as far as which company will land the lucrative contract for the San Francisco Police Department.\u003c/p>\n\u003cp>The city's Office of Contract Administration \u003ca href=\"http://mission.sfgov.org/OCA_BID_ATTACHMENTS/FA43757.pdf\" target=\"_blank\">announced its intent\u003c/a> to award the approximately 1,800-camera contract -- including subscription cloud-based data storage -- to Taser International Tuesday following a four-month bidding process.\u003c/p>\n\u003cp>But to some observers concerned about a previous sole-source or no-bid contract with Taser for an SFPD body-camera pilot program that never launched, Taser's apparent win of the much larger contract came as no surprise.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/4vkmKK3EPxg'\n title='//www.youtube.com/embed/4vkmKK3EPxg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\"We obviously believe that there’s an unfair playing field out there caused by Taser and its behavior,\" said Thomas Heckman, chief financial officer for Taser competitor Digital Ally. \"I think most if not all the other body-worn camera manufacturers would share that same thought.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kansas-based Digital Ally, which contracts locally with the Richmond Police Department, filed a \u003ca href=\"https://www.scribd.com/doc/298801378/Digital-Ally-Inc-v-Taser-International-Inc\" target=\"_blank\">federal lawsuit\u003c/a> against Taser last month alleging patent infringement. The company amended its lawsuit in early February, alleging commercial bribery, unfair trade practices and unlawful business practices.\u003c/p>\n\u003cp>The meat of those allegations: Taser is unlawfully inducing local purchasing authorities to \"treat or deem Taser as the 'sole source' of body cams, without any consideration of the competing products offered by Digital and others,\" according to the lawsuit.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Heckman said Digital Ally tried to bid for San Francisco's contract but was \"immediately knocked out of the running.\" City purchasers told Digital Ally, Heckman said, that the company did not have enough large contracts in major cities to compete in San Francisco.\u003c/p>\n\u003cp>\"We've got over 80,000 units in the field,\" Heckman said. \"We're the No.2 provider of body-worn cameras in the U.S. market, and we don't understand the reasoning here.\"\u003c/p>\n\u003cp>The \"intent to award\" announcement comes as the city is likely to consider deploying a better-known Taser International product -- electronic stun guns best known by the company's name.\u003c/p>\n\u003cp>The Dec. 2 fatal \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">police shooting of Mario Woods\u003c/a> by a group of San Francisco police officers catapulted Taser stun guns, for a fifth time, back into the laps of city policymakers.\u003c/p>\n\u003cp>The shooting was captured on bystander cellphone videos -- not SFPD body cameras because they have yet to be deployed -- and it sent a shock wave through San Francisco. Changes in the wake of the Woods shooting include a federal Department of Justice \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> and \u003ca href=\"http://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\">revisions to police use-of-force policies\u003c/a>, which Police Chief Greg Suhr and officers union head Martin Halloran have said should include the deployment of Taser stun guns.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\n\"The experts are in agreement that Tasers are a valuable tool that will save lives,\" Halloran wrote in an op-ed published in the \u003ca href=\"http://www.sfchronicle.com/opinion/article/San-Francisco-police-welcome-federal-investigation-6808769.php\" target=\"_blank\">San Francisco Chronicle\u003c/a> Sunday. \"They will not work all of the time. But, based on what we know, if our officers had Tasers on the night of the Bayview [Mario Woods] shooting, that incident would likely have ended without the loss of a human life. That’s why we are launching a proposal to make Tasers available to all police officers in San Francisco.\"\u003c/p>\n\u003cp>The San Francisco Office of Contract Administration did not respond to repeated inquiries Tuesday for supporting documentation regarding its \"intent to award\" announcement.\u003c/p>\n\u003cp>Taser Executive Vice President Josh Isner said his company is excited by San Francisco's announcement.\u003c/p>\n\u003cp>Isner said he couldn't say much beyond that because any contract between San Francisco and Taser has yet to be finalized, but he said the city's intent to award proved Taser's products can compete on an even playing field.\u003c/p>\n\u003cp>\"There were a lot of questions around the initial sole source,\" Isner said of the abandoned San Francisco pilot program. \"In San Francisco, just like a lot of deployments, they've gone to RFP, everyone's had the ability to submit a proposal, and we've received the intent to award.\"\u003c/p>\n\u003cp>As for Digital Ally's lawsuit, Isner said it is \"unfortunate.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We're certainly preparing to litigate that in the courtroom,\" he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A crowd of several hundred people gathered on San Francisco's waterfront and near an NFL \"fan village\" Wednesday evening to draw attention to the city's homeless population and what they say was an effort to move homeless people away from Super Bowl events.\u003c/p>\n\u003cp>Organizers had hoped to set up a sort of Occupy-style tent city steps from Super Bowl City, an area brimming with corporate booths, football-themed carnival games and live music.\u003c/p>\n\u003cp>\"Homeless people are telling us over and over again that they’re being cleared out,\" said Jennifer Friedenbach, director of the San Francisco Coalition on Homelessness and demonstration organizer. \"They’re feeling really squeezed by the Super Bowl and they’re feeling really upset about it.”\u003c/p>\n\u003cp>The idea of a protest encampment was short-lived, though. A San Francisco police officer warned protesters shortly after they gathered that a few tents erected on the Embarcadero's sidewalk would have to come down within a minute, or arrests would be made.\u003c/p>\n\u003cfigure id=\"attachment_10853897\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/RS18300_IMG_4292-qut.jpg\" rel=\"attachment wp-att-10853897\">\u003cimg class=\"wp-image-10853897 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-800x600.jpg\" alt=\"San Francisco Police officers keep a crowd protesting how San Francisco handles its homeless population corralled on a sidewalk across the street from NFL 'fan village' Super Bowl City.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-768x576.jpg 768w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-960x720.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco police officers keep a crowd protesting how San Francisco handles its homeless population corralled on a sidewalk across the street from NFL 'fan village' Super Bowl City. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"It's completely unnecessary,\" San Francisco resident Sylvia Smith said of the police presence that at times appeared to rival the crowd's numbers. \"It's a show of force to protect the property of the elite.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Police Chief Greg Suhr said at a Super Bowl security briefing earlier Wednesday that police would facilitate peaceful demonstrations \"right up until the point where they knock up against somebody else’s constitutional right, and then we’ll just have to make a call on a case-by-case basis.\"\u003c/p>\n\u003cp>Protesters lifted their tents -- bearing scrawled messages like \"Tackle Homelessness, Evict Ed Lee and SFPD\" -- and carried them on a march around Super Bowl City. Hundreds of SFPD officers in riot gear kept the crowd on sidewalks and directed them away from any entrances.\u003c/p>\n\u003cp>Protest organizers say there's been a rise in \"quality-of-life\" citations, like for sitting or sleeping on a public sidewalk, around Super Bowl events in San Francisco.\u003c/p>\n\u003cp>Sam Dodge, the mayor's director of Housing, Opportunity, Partnerships & Engagement, said two dozen people living on the streets were relocated from the area that became Super Bowl City, and they were offered shelter beds. He said there was no systematic effort to move people from other parts of the city ahead of Super Bowl Sunday.\u003c/p>\n\u003cp>But advocates said they're receiving reports from all over town that homeless people are being rousted.\u003c/p>\n\u003cp>\"We’re seeing it,\" Friedenbach said. “I’m not sure what the disconnect is between what the mayor’s saying and what’s happening to homeless people, but the end result for homeless people is the same.\"\u003c/p>\n\u003cp>Another protest organizer, Stuart Schuffman aka \"Broke-Ass Stuart,\" said the demonstration captured the attention of worldwide news media and was a success.\u003c/p>\n\u003cp>\"It's important to show that the people in power in San Francisco would rather hide our problems than actually fix them,\" he said. \"And they are fixable.\"\u003c/p>\n\u003cp>Supervisor David Campos, who was at the protest, is among a bloc of city legislators critical of San Francisco's deal with the NFL to host celebrations with no reimbursement.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"San Francisco is not hosting the Super Bowl,\" Campos said. \"Santa Clara is hosting the Super Bowl. San Francisco is hosting the traffic of the Super Bowl.\"\u003c/p>\n\n",
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"excerpt": "Plans to set up an Occupy-style encampment next to Super Bowl City 'fan village' were short-lived, but demonstrators say their message was heard.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A crowd of several hundred people gathered on San Francisco's waterfront and near an NFL \"fan village\" Wednesday evening to draw attention to the city's homeless population and what they say was an effort to move homeless people away from Super Bowl events.\u003c/p>\n\u003cp>Organizers had hoped to set up a sort of Occupy-style tent city steps from Super Bowl City, an area brimming with corporate booths, football-themed carnival games and live music.\u003c/p>\n\u003cp>\"Homeless people are telling us over and over again that they’re being cleared out,\" said Jennifer Friedenbach, director of the San Francisco Coalition on Homelessness and demonstration organizer. \"They’re feeling really squeezed by the Super Bowl and they’re feeling really upset about it.”\u003c/p>\n\u003cp>The idea of a protest encampment was short-lived, though. A San Francisco police officer warned protesters shortly after they gathered that a few tents erected on the Embarcadero's sidewalk would have to come down within a minute, or arrests would be made.\u003c/p>\n\u003cfigure id=\"attachment_10853897\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/RS18300_IMG_4292-qut.jpg\" rel=\"attachment wp-att-10853897\">\u003cimg class=\"wp-image-10853897 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-800x600.jpg\" alt=\"San Francisco Police officers keep a crowd protesting how San Francisco handles its homeless population corralled on a sidewalk across the street from NFL 'fan village' Super Bowl City.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-768x576.jpg 768w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/RS18300_IMG_4292-qut-960x720.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco police officers keep a crowd protesting how San Francisco handles its homeless population corralled on a sidewalk across the street from NFL 'fan village' Super Bowl City. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"It's completely unnecessary,\" San Francisco resident Sylvia Smith said of the police presence that at times appeared to rival the crowd's numbers. \"It's a show of force to protect the property of the elite.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Police Chief Greg Suhr said at a Super Bowl security briefing earlier Wednesday that police would facilitate peaceful demonstrations \"right up until the point where they knock up against somebody else’s constitutional right, and then we’ll just have to make a call on a case-by-case basis.\"\u003c/p>\n\u003cp>Protesters lifted their tents -- bearing scrawled messages like \"Tackle Homelessness, Evict Ed Lee and SFPD\" -- and carried them on a march around Super Bowl City. Hundreds of SFPD officers in riot gear kept the crowd on sidewalks and directed them away from any entrances.\u003c/p>\n\u003cp>Protest organizers say there's been a rise in \"quality-of-life\" citations, like for sitting or sleeping on a public sidewalk, around Super Bowl events in San Francisco.\u003c/p>\n\u003cp>Sam Dodge, the mayor's director of Housing, Opportunity, Partnerships & Engagement, said two dozen people living on the streets were relocated from the area that became Super Bowl City, and they were offered shelter beds. He said there was no systematic effort to move people from other parts of the city ahead of Super Bowl Sunday.\u003c/p>\n\u003cp>But advocates said they're receiving reports from all over town that homeless people are being rousted.\u003c/p>\n\u003cp>\"We’re seeing it,\" Friedenbach said. “I’m not sure what the disconnect is between what the mayor’s saying and what’s happening to homeless people, but the end result for homeless people is the same.\"\u003c/p>\n\u003cp>Another protest organizer, Stuart Schuffman aka \"Broke-Ass Stuart,\" said the demonstration captured the attention of worldwide news media and was a success.\u003c/p>\n\u003cp>\"It's important to show that the people in power in San Francisco would rather hide our problems than actually fix them,\" he said. \"And they are fixable.\"\u003c/p>\n\u003cp>Supervisor David Campos, who was at the protest, is among a bloc of city legislators critical of San Francisco's deal with the NFL to host celebrations with no reimbursement.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"San Francisco is not hosting the Super Bowl,\" Campos said. \"Santa Clara is hosting the Super Bowl. San Francisco is hosting the traffic of the Super Bowl.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SFPD Chief Greg Suhr Responds to a New List of Issues Facing Department",
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"content": "\u003cp>You could call it a sequel.\u003c/p>\n\u003cp>Embattled San Francisco Police Chief Greg Suhr \u003ca href=\"http://ww2.kqed.org/news/2015/07/13/sfpd-chief-greg-suhr-responds-to-long-list-of-issues-facing-department\" target=\"_blank\">last appeared on KQED's \u003cem>Forum\u003c/em>\u003c/a> in July, when he responded to a litany of issues -- and some high-profile scandals -- involving the SFPD and the chief himself.\u003c/p>\n\u003cp>Suhr returned to \u003cem>Forum\u003c/em> Tuesday morning to face an hourlong discussion of controversies hanging over his police department -- some new and some still dogging the chief six months later.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/245108399\" 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>He began by addressing an announcement Monday that the U.S. Department of Justice Office of Community Oriented Policing Services would \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">review the SFPD\u003c/a>. If that sounds like strong intervention, well, it could be. But the COPS office isn't an enforcement wing of the Department of Justice, and city leaders, legal experts and activists said Monday that the collaborative effort Suhr requested falls far short of the civil rights investigation they want.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Critics, in short, say COPS recommendations aren't enforced through a federal court the way a civil rights \"pattern-or-practice\" investigation is.\u003c/p>\n\u003cp>\"I intend to enforce it,\" Suhr said. \"We’re going to fully cooperate. We’ve actually asked for the independent review, and I think it’s important that everybody realize that this is the Department of Justice, and that it is completely independent.\"\u003c/p>\n\u003cp>San Francisco Supervisor John Avalos told KQED separately that the lack of a federal civil rights investigation is disappointing.\u003c/p>\n\u003cp>\"That’s actually not going to sit very well with a lot of people in the community, who are looking at a Department of Justice investigation about how the Police Department quickly moves to justify officer-involved shootings as within policy, and has a few very dubious officer-involved shootings under their belt right now -- including Mario Woods, Amilcar Perez Lopez and Alex Nieto at the very least,\" Avalos said.\u003c/p>\n\u003cp>\u003cstrong>'Comments Have Been Consistent'\u003c/strong>\u003c/p>\n\u003cp>Suhr said his comments on officer-involved shootings \"have been consistent with what I know at the time.\"\u003c/p>\n\u003cp>On the Feb. 26, 2015, police killing of Amilcar Perez Lopez, Suhr originally told the public that Perez Lopez charged two officers in plainclothes with a knife raised over his head. When an \u003ca href=\"http://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting\" target=\"_blank\">autopsy came out\u003c/a> two months later showing Perez Lopez was shot six times from behind, Suhr changed his story.\u003c/p>\n\u003cp>\"Later on in discussions with the officers, there was discussion that he turned to go after the man that he was originally pursuing with the knife,\" Suhr said, \"so that was consistent.\"\u003c/p>\n\u003cp>Evidence appearing to contradict Suhr's initial statements on the Dec. 2 police killing of Mario Woods came out much faster.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=ij5TZuohoRg&feature=youtu.be\u003c/p>\n\u003cp>At a town hall meeting two days after the shooting, Suhr said cellphone video widely circulated online showed Woods' hand extend toward a police officer before he was shot. Woods allegedly had a knife and was a suspect in an earlier stabbing.\u003c/p>\n\u003cp>But when \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">KQED\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/2015/12/11/mario-woods-mother-suing-san-francisco-amid-calls-for-police-chiefs-resignation\" target=\"_blank\">others\u003c/a> analyzed separate cellphone videos, it became apparent that Woods raised his arm only after the first shots were fired, as he seemed to fall backward in reaction to being shot.\u003c/p>\n\u003cp>\"As far as interpreting the video with regard to Mario Woods, depending on who looks at it when you slow it way down, that’s going to be a matter for video experts because it appears to show some things to some people and some things to other people,\" Suhr said.\u003c/p>\n\u003cp>Civil rights attorney John Burris, who is representing Woods' mother in a federal excessive force lawsuit against San Francisco, slowed down the video and compared the audio sound wave of the first gunshot with when Woods' arm is seen rising.\u003c/p>\n\u003cp>\"I was disappointed by the comments that he [Suhr] made shortly thereafter,\" Burris said, \"that sort of suggested he had not seen the video.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/245139485\" 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>\u003cstrong>Local Changes Mirror National Shift\u003c/strong>\u003c/p>\n\u003cp>Whatever the feds recommend, Suhr said he won't wait to make changes following the Woods shooting.\u003c/p>\n\u003cp>One of the most assertive may be a \u003ca href=\"http://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\">reworking\u003c/a> of the department's use-of-force policies, an effort currently before the San Francisco Police Commission. New policies, which de-emphasize using a firearm when officers confront a suspect with a knife, are expected to come out by mid-February.\u003c/p>\n\u003cp>\"We’re committed to being better,\" Suhr said, \"and I think across this country you’re going to notice many, many other police departments adopting probably as much change as maybe we ever have in trying to better contend with people with weapons short of firearms with less than a firearm ourselves.\"\u003c/p>\n\u003cp>He's talking about a national effort on \"\u003ca href=\"http://www.policeforum.org/assets/reengineeringtraining1.pdf\" target=\"_blank\">re-engineering training on police use of force\u003c/a>\" run by the Washington, D.C.-based Police Executive Research Forum. SFPD joined in shortly after the Woods shooting, and Suhr has made two trips to D.C. to discuss alternatives with police chiefs from across the U.S.\u003c/p>\n\u003cp>\"Since this shooting, we’ve put things in place like a policy that an officer even directs their firearm at a person, that’s a reportable use of force,\" Suhr said. \"We’ve re-engineered the way we qualify with our firearms to emphasize slowing down, constant threat assessment, minimizing fire. Because even my mother had questions as to why so many bullets in this particular officer-involved shooting of Mario Woods.\"\u003c/p>\n\u003cp>\u003cstrong>Bigoted Texts Still a Scandal\u003c/strong>\u003c/p>\n\u003cp>It's been almost a year since federal prosecutors revealed a collection of racist, homophobic and otherwise \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">offensive text messages\u003c/a> swapped by approximately a dozen SFPD officers. Suhr says he wants to fire them, but nine of the officers \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">successfully challenged\u003c/a> being disciplined in court, arguing the department sat on the texts for more than two years before beginning an internal investigation.\u003c/p>\n\u003cp>Suhr filed a declaration in that case that he was \"walled off\" from the evidence, but experts find it hard to believe that the chief wouldn't know about a federal investigation involving dozens of his officers, and the argument failed to convince a Superior Court judge.\u003c/p>\n\u003cp>\"We believe he got it wrong,\" Suhr said. \"We are appealing, and the only reason that they’re going to remain in that paid status is by order of the court. But they are not back to work, they will not be back to work, they will remain away from the San Francisco Police Department and the citizens of San Francisco.\"\u003c/p>\n\u003cp>\u003cstrong>Not Cooperating with Another Investigation\u003c/strong>\u003c/p>\n\u003cp>While Suhr welcomes and requested the federal review announced Monday, he's consistently spurned a local review with similar goals, according to the attorneys trying to do it.\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">convened a committee\u003c/a> of retired judges and pro bono lawyers to \u003ca href=\"http://ww2.kqed.org/news/2016/01/19/blue-ribbon-panel-hears-testimony-on-s-f-police-and-racism\" target=\"_blank\">investigate transparency and accountability\u003c/a> in the SFPD following the racist texting scandal. He said last week the effort was \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\">stonewalled at every level\u003c/a> -- from line officers, their union and the chief -- and asked the mayor to direct more cooperation from line officers and the chief. According to a \u003ca href=\"https://www.scribd.com/doc/297153238/Response-to-Request-for-Interview-of-Chief-Greg-Suhr\" target=\"_blank\">letter\u003c/a> obtained by KQED, Suhr directed all officer interview requests to go through their union and indicated that officers should only speak to the attorneys on their own time.\u003c/p>\n\u003cp>Suhr said he was going to be interviewed by attorneys Tuesday.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"I don’t know how much more I can participate than appearing myself,\" he said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>You could call it a sequel.\u003c/p>\n\u003cp>Embattled San Francisco Police Chief Greg Suhr \u003ca href=\"http://ww2.kqed.org/news/2015/07/13/sfpd-chief-greg-suhr-responds-to-long-list-of-issues-facing-department\" target=\"_blank\">last appeared on KQED's \u003cem>Forum\u003c/em>\u003c/a> in July, when he responded to a litany of issues -- and some high-profile scandals -- involving the SFPD and the chief himself.\u003c/p>\n\u003cp>Suhr returned to \u003cem>Forum\u003c/em> Tuesday morning to face an hourlong discussion of controversies hanging over his police department -- some new and some still dogging the chief six months later.\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/245108399&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/245108399'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>He began by addressing an announcement Monday that the U.S. Department of Justice Office of Community Oriented Policing Services would \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">review the SFPD\u003c/a>. If that sounds like strong intervention, well, it could be. But the COPS office isn't an enforcement wing of the Department of Justice, and city leaders, legal experts and activists said Monday that the collaborative effort Suhr requested falls far short of the civil rights investigation they want.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Critics, in short, say COPS recommendations aren't enforced through a federal court the way a civil rights \"pattern-or-practice\" investigation is.\u003c/p>\n\u003cp>\"I intend to enforce it,\" Suhr said. \"We’re going to fully cooperate. We’ve actually asked for the independent review, and I think it’s important that everybody realize that this is the Department of Justice, and that it is completely independent.\"\u003c/p>\n\u003cp>San Francisco Supervisor John Avalos told KQED separately that the lack of a federal civil rights investigation is disappointing.\u003c/p>\n\u003cp>\"That’s actually not going to sit very well with a lot of people in the community, who are looking at a Department of Justice investigation about how the Police Department quickly moves to justify officer-involved shootings as within policy, and has a few very dubious officer-involved shootings under their belt right now -- including Mario Woods, Amilcar Perez Lopez and Alex Nieto at the very least,\" Avalos said.\u003c/p>\n\u003cp>\u003cstrong>'Comments Have Been Consistent'\u003c/strong>\u003c/p>\n\u003cp>Suhr said his comments on officer-involved shootings \"have been consistent with what I know at the time.\"\u003c/p>\n\u003cp>On the Feb. 26, 2015, police killing of Amilcar Perez Lopez, Suhr originally told the public that Perez Lopez charged two officers in plainclothes with a knife raised over his head. When an \u003ca href=\"http://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting\" target=\"_blank\">autopsy came out\u003c/a> two months later showing Perez Lopez was shot six times from behind, Suhr changed his story.\u003c/p>\n\u003cp>\"Later on in discussions with the officers, there was discussion that he turned to go after the man that he was originally pursuing with the knife,\" Suhr said, \"so that was consistent.\"\u003c/p>\n\u003cp>Evidence appearing to contradict Suhr's initial statements on the Dec. 2 police killing of Mario Woods came out much faster.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/ij5TZuohoRg'\n title='//www.youtube.com/embed/ij5TZuohoRg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>At a town hall meeting two days after the shooting, Suhr said cellphone video widely circulated online showed Woods' hand extend toward a police officer before he was shot. Woods allegedly had a knife and was a suspect in an earlier stabbing.\u003c/p>\n\u003cp>But when \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">KQED\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/2015/12/11/mario-woods-mother-suing-san-francisco-amid-calls-for-police-chiefs-resignation\" target=\"_blank\">others\u003c/a> analyzed separate cellphone videos, it became apparent that Woods raised his arm only after the first shots were fired, as he seemed to fall backward in reaction to being shot.\u003c/p>\n\u003cp>\"As far as interpreting the video with regard to Mario Woods, depending on who looks at it when you slow it way down, that’s going to be a matter for video experts because it appears to show some things to some people and some things to other people,\" Suhr said.\u003c/p>\n\u003cp>Civil rights attorney John Burris, who is representing Woods' mother in a federal excessive force lawsuit against San Francisco, slowed down the video and compared the audio sound wave of the first gunshot with when Woods' arm is seen rising.\u003c/p>\n\u003cp>\"I was disappointed by the comments that he [Suhr] made shortly thereafter,\" Burris said, \"that sort of suggested he had not seen the video.\"\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/245139485&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/245139485'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Local Changes Mirror National Shift\u003c/strong>\u003c/p>\n\u003cp>Whatever the feds recommend, Suhr said he won't wait to make changes following the Woods shooting.\u003c/p>\n\u003cp>One of the most assertive may be a \u003ca href=\"http://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\">reworking\u003c/a> of the department's use-of-force policies, an effort currently before the San Francisco Police Commission. New policies, which de-emphasize using a firearm when officers confront a suspect with a knife, are expected to come out by mid-February.\u003c/p>\n\u003cp>\"We’re committed to being better,\" Suhr said, \"and I think across this country you’re going to notice many, many other police departments adopting probably as much change as maybe we ever have in trying to better contend with people with weapons short of firearms with less than a firearm ourselves.\"\u003c/p>\n\u003cp>He's talking about a national effort on \"\u003ca href=\"http://www.policeforum.org/assets/reengineeringtraining1.pdf\" target=\"_blank\">re-engineering training on police use of force\u003c/a>\" run by the Washington, D.C.-based Police Executive Research Forum. SFPD joined in shortly after the Woods shooting, and Suhr has made two trips to D.C. to discuss alternatives with police chiefs from across the U.S.\u003c/p>\n\u003cp>\"Since this shooting, we’ve put things in place like a policy that an officer even directs their firearm at a person, that’s a reportable use of force,\" Suhr said. \"We’ve re-engineered the way we qualify with our firearms to emphasize slowing down, constant threat assessment, minimizing fire. Because even my mother had questions as to why so many bullets in this particular officer-involved shooting of Mario Woods.\"\u003c/p>\n\u003cp>\u003cstrong>Bigoted Texts Still a Scandal\u003c/strong>\u003c/p>\n\u003cp>It's been almost a year since federal prosecutors revealed a collection of racist, homophobic and otherwise \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">offensive text messages\u003c/a> swapped by approximately a dozen SFPD officers. Suhr says he wants to fire them, but nine of the officers \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">successfully challenged\u003c/a> being disciplined in court, arguing the department sat on the texts for more than two years before beginning an internal investigation.\u003c/p>\n\u003cp>Suhr filed a declaration in that case that he was \"walled off\" from the evidence, but experts find it hard to believe that the chief wouldn't know about a federal investigation involving dozens of his officers, and the argument failed to convince a Superior Court judge.\u003c/p>\n\u003cp>\"We believe he got it wrong,\" Suhr said. \"We are appealing, and the only reason that they’re going to remain in that paid status is by order of the court. But they are not back to work, they will not be back to work, they will remain away from the San Francisco Police Department and the citizens of San Francisco.\"\u003c/p>\n\u003cp>\u003cstrong>Not Cooperating with Another Investigation\u003c/strong>\u003c/p>\n\u003cp>While Suhr welcomes and requested the federal review announced Monday, he's consistently spurned a local review with similar goals, according to the attorneys trying to do it.\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">convened a committee\u003c/a> of retired judges and pro bono lawyers to \u003ca href=\"http://ww2.kqed.org/news/2016/01/19/blue-ribbon-panel-hears-testimony-on-s-f-police-and-racism\" target=\"_blank\">investigate transparency and accountability\u003c/a> in the SFPD following the racist texting scandal. He said last week the effort was \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\">stonewalled at every level\u003c/a> -- from line officers, their union and the chief -- and asked the mayor to direct more cooperation from line officers and the chief. According to a \u003ca href=\"https://www.scribd.com/doc/297153238/Response-to-Request-for-Interview-of-Chief-Greg-Suhr\" target=\"_blank\">letter\u003c/a> obtained by KQED, Suhr directed all officer interview requests to go through their union and indicated that officers should only speak to the attorneys on their own time.\u003c/p>\n\u003cp>Suhr said he was going to be interviewed by attorneys Tuesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I don’t know how much more I can participate than appearing myself,\" he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cstrong>Update 6 p.m. Monday, Feb. 1\u003c/strong>:\u003cbr>\nOfficials with the U.S. Department of Justice Office of Community Oriented Policing services \u003ca href=\"http://www.cops.usdoj.gov/Default.asp?Item=2842\" target=\"_blank\">announced a review\u003c/a> of the San Francisco Police Department Monday.\u003c/p>\n\u003cp>But the announcement fell flat for many observers of the SFPD who have joined a growing chorus of calls for a federal civil rights investigation.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/244990349\" 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>The difference between a review by the DOJ's COPS office and an investigation by its Civil Rights Division hinges on enforcement.\u003c/p>\n\u003cp>That difference dominated a press conference Monday afternoon where Mayor Ed Lee and Police Chief Greg Suhr joined the acting Northern California U.S. attorney and COPS office leadership to explain the review.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It's a work in progress,\" Suhr said. \"We look forward to this review and the help of the Department of Justice and doing what we can to rebuild the trust that has been shaken.\"\u003c/p>\n\u003cp>The processes are similar, at least in the beginning, with authorities comprehensively delving into the Police Department's practices and policies.\u003c/p>\n\u003cp>But the \"\u003ca href=\"http://www.cops.usdoj.gov/Default.asp?Item=2807\" target=\"_blank\">collaborative reform\u003c/a>\" review is voluntary -- Suhr called for it shortly after the Dec. 2 shooting of Mario Woods that galvanized longstanding criticism of his department. And it also doesn't carry with it the threat of enforcement through a federal court that a Civil Rights Division investigation has.\u003c/p>\n\u003cp>\"With our process, it’s voluntary, so they’re not enforced in a court of law,\" COPS Director Ronald Davis said. \"But I will offer this, they are enforced in a court of public opinion.\"\u003c/p>\n\u003cp>Former DOJ Civil Rights Division attorney Aaron Zisser says that means the city will have to keep a close eye on the process if it expects accountability.\u003c/p>\n\u003cp>\"Accountability is not going to be up to a court,\" he said. \"It's going to be the public paying attention over a two-year process.\"\u003c/p>\n\u003cp>Zisser said the Civil Rights Division also draws from attorneys with experience in disability rights cases to enforce better procedures when officers encounter people in a psychiatric crisis, which account for the \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\">majority of fatalities\u003c/a> at the hands of the SFPD and may have played a role in the Woods shooting.\u003c/p>\n\u003cp>\"There’s just nothing that resembles those kind of remedies [in the COPS review],\" Zisser said.\u003c/p>\n\u003cp>Acting Northern California District U.S. Attorney Brian Stretch said a consultation with the Civil Rights Division took place, and \"a decision was made to go forward with collaborative reform.\"\u003c/p>\n\u003cp>He said he couldn't elaborate on how that decision was made, or who made it.\u003c/p>\n\u003cp>\"How can we the citizens of San Francisco have confidence in this process?\" Karen Fleshman with the Justice 4 Mario Woods Coalition asked, referencing noncooperation of the department and officers' union in local efforts to examine the SFPD.\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón \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\">said last week\u003c/a> that the department and Police Officers Association had engaged in \"a dizzying array of stonewalling tactics\" against his efforts to investigate bias, transparency and accountability in city police.\u003c/p>\n\u003cp>Suhr said that line officers would cooperate with the COPS office review.\u003c/p>\n\u003cp>\"The department has actually asked the Department of Justice to come in,\" he said, \"and anybody coming with the Department of Justice -- coming with the full weight of the Department of Justice -- wishes to speak to, that's going to happen.\"\u003c/p>\n\u003cp>Gascón said Monday that Suhr's response raised more questions.\u003c/p>\n\u003cp>\"I'm pleased that COPS is performing this review,\" he said. \"Regardless, the motives of a department willing to cooperate with some efforts at reform but not others concerns me. I believe a civil rights inquiry with enforcement authority is more likely to result in meaningful reforms.\"\u003c/p>\n\u003cp>Mayor Ed Lee, however, welcomed the review as a response to his \u003ca href=\"http://ww2.kqed.org/news/2016/01/26/mayor-ed-lee-asks-for-federal-probe-into-mario-woods-killing-sfpd\" target=\"_blank\">request last week\u003c/a> for a federal probe of the SFPD.\u003c/p>\n\u003cp>\"In the past, the DOJ had to kind of force their way into many cities without the needed cooperation,\" Lee said. \"This is a collaborative effort. We will give up the information that we have. We will allow ourselves to be exposed by way of practices that we have and the practices that we should end and those that we should adopt.\"\u003c/p>\n\u003cp>\u003cstrong>Original Post 1:44 p.m. Monday, Feb. 1\u003c/strong>:\u003cbr>\nAmid a growing clamor for a federal probe into recent scandals and officer-involved shootings at the San Francisco Police Department, one wing of the U.S. Department of Justice is poised to announce a \"comprehensive review\" of the SFPD.\u003c/p>\n\u003cp>But it's likely the Monday afternoon announcement will not be the independent federal investigation that some city leaders, protesters, legal experts and the family of a man shot and killed by SFPD officers two months ago had in mind.\u003c/p>\n\u003cp>\"This is great in terms of a starting point, but by no means is this the top-to-bottom investigation and analysis the community deserves,\" said civil rights attorney Adante Pointer, who is \u003ca href=\"http://ww2.kqed.org/news/2015/12/11/mario-woods-mother-suing-san-francisco-amid-calls-for-police-chiefs-resignation\" target=\"_blank\">representing the mother of Mario Woods\u003c/a>, the 26-year-old black man shot to death by San Francisco police Dec. 2. \"We're happy to see the DOJ is here, but there's more that we're asking for.\"\u003c/p>\n\u003cp>Monday's announcement will include acting Northern California U.S. Attorney Brian Stretch, two officials with the Department of Justice's \u003ca href=\"http://www.cops.usdoj.gov/\" target=\"_blank\">Office of Community Oriented Policing Services\u003c/a> (COPS), Mayor Ed Lee and Police Chief Greg Suhr.\u003c/p>\n\u003cp>A stronger federal probe into whether the way the San Francisco Police Department operates routinely violates people's civil rights appears unlikely at this stage. The Justice Department can do that through what's often called a \"pattern-of-practice\" investigation. The DOJ's Civil Rights Division has brought lawsuits that launched that level of intervention in Baltimore, Chicago, and Ferguson, Missouri, among other major cities.\u003c/p>\n\u003caside class=\"pullquote alignright\">'COPS is going to be helping out the Police Department in two ways: It takes them off the hook from doing something -- a lot better than either firing the chief or putting out bold new guidelines'\u003ccite>Professor Franklin Zimring,\u003cbr>\nUC Berkeley Law\u003c/cite>\u003c/aside>\n\u003cp>\"This is much less than that,\" said Franklin Zimring, law professor at UC Berkeley. \"There is a marriage of more than convenience here because what San Francisco needs is someone to take the heat off its chief.\"\u003c/p>\n\u003cp>Zimring said San Francisco police had a very low rate of fatal officer-involved shootings between 2009 and 2012, when he studied use of force in 14 major police departments. But last year, use of deadly force spiked. Separately, the department was forced to deal with a scandal over a group of officers who were found to have exchanged \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">racist and homophobic text messages\u003c/a>.\u003c/p>\n\u003cp>\"COPS is going to be helping out the Police Department in two ways: It takes them off the hook from doing something -- a lot better than either firing the chief or putting out bold new guidelines,\" Zimring said. \"It's doing something without doing a lot, and it's win-win. COPS looks good and doesn't invest anything, and the San Francisco Police Department can write a letter explaining that they're doing something.\"\u003c/p>\n\u003cp>Robert Weisberg, a professor at Stanford Law School, said a voluntary COPS review is the lightest of several actions federal attorneys can take. He said it's \"a kind of mediation\" that allows the Justice Department to offer assistance in improving a police department's programs.\u003c/p>\n\u003cp>\"Sometimes that carries with it the implication that it would be a good idea for the police department to cooperate, otherwise the Department of Justice might take stronger measures,\" he said.\u003c/p>\n\u003cp>Weisberg said stronger action could include an investigation through the Justice Department's Civil Rights Division, federal prosecution of individual officers for a particular shooting or incident, court-ordered reform and monitoring (as in Oakland) or a contractual agreement between Justice and the SFPD.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'What we’ve been calling for is an introspective look into the pattern and practices of the Police Department.'\u003ccite>Supervisor Malia Cohen\u003c/cite>\u003c/aside>\n\u003cp>Board of Supervisors President London Breed says a voluntary COPS review isn't an adequate answer to calls she and \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=4222075&GUID=07DD3884-E52F-4082-AA2C-F854CF8EDAA6\" target=\"_blank\">other supervisors\u003c/a> have made for a federal civil rights probe. She says she still wants that, and thinks an enforcement mechanism is important for the Police Department to change.\u003c/p>\n\u003cp>\"It’s good, but it isn’t completely our request,\" Breed said.\u003c/p>\n\u003cp>Supervisor Malia Cohen, who represents the Bayview neighborhood in which Woods was shot, echoed Breed's statements.\u003c/p>\n\u003cp>\"What we’ve been calling for is an introspective look into the pattern and practices of the Police Department,\" Cohen said. \"I just want to make sure that the DOJ is not making an announcement of the COPS office in lieu of the Civil Rights Division. I welcome both to come in.\"\u003c/p>\n\u003cp>The most detailed call for a federal investigation of the SFPD since the shooting came Friday from the Northern California branch of the American Civil Liberties Union. The \u003ca href=\"https://www.aclunc.org/docs/20160129-aclu_letter_requesting_independent_investigation_into_sfpd.pdf\" target=\"_blank\">ACLU's letter\u003c/a> documents concerns over excessive use of deadly force, biased policing, interactions with mentally ill people, and \"system failures\" around discipline and accountability in the department.\u003c/p>\n\u003cp>It also calls for a \"pattern and practice investigation into the San Francisco Police Department for civil rights violations.\"\u003c/p>\n\u003cp>\"Early indications show that this will not go far enough to fix the systemic racism and problems in the San Francisco Police Department,\" ACLU staff attorney Micaela Davis said. \"We need the strong DOJ investigation in order to have full accountability on those issues. Anything less is not going to be sufficient.\"\u003c/p>\n\u003cp>Davis referenced Mayor Lee's and Chief Suhr's \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\">less-than-enthusiastic participation\u003c/a> with District Attorney George Gascón's initiative to probe the Police Departments culture and practices.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"We are concerned that the mayor may be using this announcement to take attention away from an ongoing responsibility to cooperate with local efforts and reform,\" Davis said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 6 p.m. Monday, Feb. 1\u003c/strong>:\u003cbr>\nOfficials with the U.S. Department of Justice Office of Community Oriented Policing services \u003ca href=\"http://www.cops.usdoj.gov/Default.asp?Item=2842\" target=\"_blank\">announced a review\u003c/a> of the San Francisco Police Department Monday.\u003c/p>\n\u003cp>But the announcement fell flat for many observers of the SFPD who have joined a growing chorus of calls for a federal civil rights investigation.\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/244990349&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/244990349'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The difference between a review by the DOJ's COPS office and an investigation by its Civil Rights Division hinges on enforcement.\u003c/p>\n\u003cp>That difference dominated a press conference Monday afternoon where Mayor Ed Lee and Police Chief Greg Suhr joined the acting Northern California U.S. attorney and COPS office leadership to explain the review.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It's a work in progress,\" Suhr said. \"We look forward to this review and the help of the Department of Justice and doing what we can to rebuild the trust that has been shaken.\"\u003c/p>\n\u003cp>The processes are similar, at least in the beginning, with authorities comprehensively delving into the Police Department's practices and policies.\u003c/p>\n\u003cp>But the \"\u003ca href=\"http://www.cops.usdoj.gov/Default.asp?Item=2807\" target=\"_blank\">collaborative reform\u003c/a>\" review is voluntary -- Suhr called for it shortly after the Dec. 2 shooting of Mario Woods that galvanized longstanding criticism of his department. And it also doesn't carry with it the threat of enforcement through a federal court that a Civil Rights Division investigation has.\u003c/p>\n\u003cp>\"With our process, it’s voluntary, so they’re not enforced in a court of law,\" COPS Director Ronald Davis said. \"But I will offer this, they are enforced in a court of public opinion.\"\u003c/p>\n\u003cp>Former DOJ Civil Rights Division attorney Aaron Zisser says that means the city will have to keep a close eye on the process if it expects accountability.\u003c/p>\n\u003cp>\"Accountability is not going to be up to a court,\" he said. \"It's going to be the public paying attention over a two-year process.\"\u003c/p>\n\u003cp>Zisser said the Civil Rights Division also draws from attorneys with experience in disability rights cases to enforce better procedures when officers encounter people in a psychiatric crisis, which account for the \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\">majority of fatalities\u003c/a> at the hands of the SFPD and may have played a role in the Woods shooting.\u003c/p>\n\u003cp>\"There’s just nothing that resembles those kind of remedies [in the COPS review],\" Zisser said.\u003c/p>\n\u003cp>Acting Northern California District U.S. Attorney Brian Stretch said a consultation with the Civil Rights Division took place, and \"a decision was made to go forward with collaborative reform.\"\u003c/p>\n\u003cp>He said he couldn't elaborate on how that decision was made, or who made it.\u003c/p>\n\u003cp>\"How can we the citizens of San Francisco have confidence in this process?\" Karen Fleshman with the Justice 4 Mario Woods Coalition asked, referencing noncooperation of the department and officers' union in local efforts to examine the SFPD.\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón \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\">said last week\u003c/a> that the department and Police Officers Association had engaged in \"a dizzying array of stonewalling tactics\" against his efforts to investigate bias, transparency and accountability in city police.\u003c/p>\n\u003cp>Suhr said that line officers would cooperate with the COPS office review.\u003c/p>\n\u003cp>\"The department has actually asked the Department of Justice to come in,\" he said, \"and anybody coming with the Department of Justice -- coming with the full weight of the Department of Justice -- wishes to speak to, that's going to happen.\"\u003c/p>\n\u003cp>Gascón said Monday that Suhr's response raised more questions.\u003c/p>\n\u003cp>\"I'm pleased that COPS is performing this review,\" he said. \"Regardless, the motives of a department willing to cooperate with some efforts at reform but not others concerns me. I believe a civil rights inquiry with enforcement authority is more likely to result in meaningful reforms.\"\u003c/p>\n\u003cp>Mayor Ed Lee, however, welcomed the review as a response to his \u003ca href=\"http://ww2.kqed.org/news/2016/01/26/mayor-ed-lee-asks-for-federal-probe-into-mario-woods-killing-sfpd\" target=\"_blank\">request last week\u003c/a> for a federal probe of the SFPD.\u003c/p>\n\u003cp>\"In the past, the DOJ had to kind of force their way into many cities without the needed cooperation,\" Lee said. \"This is a collaborative effort. We will give up the information that we have. We will allow ourselves to be exposed by way of practices that we have and the practices that we should end and those that we should adopt.\"\u003c/p>\n\u003cp>\u003cstrong>Original Post 1:44 p.m. Monday, Feb. 1\u003c/strong>:\u003cbr>\nAmid a growing clamor for a federal probe into recent scandals and officer-involved shootings at the San Francisco Police Department, one wing of the U.S. Department of Justice is poised to announce a \"comprehensive review\" of the SFPD.\u003c/p>\n\u003cp>But it's likely the Monday afternoon announcement will not be the independent federal investigation that some city leaders, protesters, legal experts and the family of a man shot and killed by SFPD officers two months ago had in mind.\u003c/p>\n\u003cp>\"This is great in terms of a starting point, but by no means is this the top-to-bottom investigation and analysis the community deserves,\" said civil rights attorney Adante Pointer, who is \u003ca href=\"http://ww2.kqed.org/news/2015/12/11/mario-woods-mother-suing-san-francisco-amid-calls-for-police-chiefs-resignation\" target=\"_blank\">representing the mother of Mario Woods\u003c/a>, the 26-year-old black man shot to death by San Francisco police Dec. 2. \"We're happy to see the DOJ is here, but there's more that we're asking for.\"\u003c/p>\n\u003cp>Monday's announcement will include acting Northern California U.S. Attorney Brian Stretch, two officials with the Department of Justice's \u003ca href=\"http://www.cops.usdoj.gov/\" target=\"_blank\">Office of Community Oriented Policing Services\u003c/a> (COPS), Mayor Ed Lee and Police Chief Greg Suhr.\u003c/p>\n\u003cp>A stronger federal probe into whether the way the San Francisco Police Department operates routinely violates people's civil rights appears unlikely at this stage. The Justice Department can do that through what's often called a \"pattern-of-practice\" investigation. The DOJ's Civil Rights Division has brought lawsuits that launched that level of intervention in Baltimore, Chicago, and Ferguson, Missouri, among other major cities.\u003c/p>\n\u003caside class=\"pullquote alignright\">'COPS is going to be helping out the Police Department in two ways: It takes them off the hook from doing something -- a lot better than either firing the chief or putting out bold new guidelines'\u003ccite>Professor Franklin Zimring,\u003cbr>\nUC Berkeley Law\u003c/cite>\u003c/aside>\n\u003cp>\"This is much less than that,\" said Franklin Zimring, law professor at UC Berkeley. \"There is a marriage of more than convenience here because what San Francisco needs is someone to take the heat off its chief.\"\u003c/p>\n\u003cp>Zimring said San Francisco police had a very low rate of fatal officer-involved shootings between 2009 and 2012, when he studied use of force in 14 major police departments. But last year, use of deadly force spiked. Separately, the department was forced to deal with a scandal over a group of officers who were found to have exchanged \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">racist and homophobic text messages\u003c/a>.\u003c/p>\n\u003cp>\"COPS is going to be helping out the Police Department in two ways: It takes them off the hook from doing something -- a lot better than either firing the chief or putting out bold new guidelines,\" Zimring said. \"It's doing something without doing a lot, and it's win-win. COPS looks good and doesn't invest anything, and the San Francisco Police Department can write a letter explaining that they're doing something.\"\u003c/p>\n\u003cp>Robert Weisberg, a professor at Stanford Law School, said a voluntary COPS review is the lightest of several actions federal attorneys can take. He said it's \"a kind of mediation\" that allows the Justice Department to offer assistance in improving a police department's programs.\u003c/p>\n\u003cp>\"Sometimes that carries with it the implication that it would be a good idea for the police department to cooperate, otherwise the Department of Justice might take stronger measures,\" he said.\u003c/p>\n\u003cp>Weisberg said stronger action could include an investigation through the Justice Department's Civil Rights Division, federal prosecution of individual officers for a particular shooting or incident, court-ordered reform and monitoring (as in Oakland) or a contractual agreement between Justice and the SFPD.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'What we’ve been calling for is an introspective look into the pattern and practices of the Police Department.'\u003ccite>Supervisor Malia Cohen\u003c/cite>\u003c/aside>\n\u003cp>Board of Supervisors President London Breed says a voluntary COPS review isn't an adequate answer to calls she and \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=4222075&GUID=07DD3884-E52F-4082-AA2C-F854CF8EDAA6\" target=\"_blank\">other supervisors\u003c/a> have made for a federal civil rights probe. She says she still wants that, and thinks an enforcement mechanism is important for the Police Department to change.\u003c/p>\n\u003cp>\"It’s good, but it isn’t completely our request,\" Breed said.\u003c/p>\n\u003cp>Supervisor Malia Cohen, who represents the Bayview neighborhood in which Woods was shot, echoed Breed's statements.\u003c/p>\n\u003cp>\"What we’ve been calling for is an introspective look into the pattern and practices of the Police Department,\" Cohen said. \"I just want to make sure that the DOJ is not making an announcement of the COPS office in lieu of the Civil Rights Division. I welcome both to come in.\"\u003c/p>\n\u003cp>The most detailed call for a federal investigation of the SFPD since the shooting came Friday from the Northern California branch of the American Civil Liberties Union. The \u003ca href=\"https://www.aclunc.org/docs/20160129-aclu_letter_requesting_independent_investigation_into_sfpd.pdf\" target=\"_blank\">ACLU's letter\u003c/a> documents concerns over excessive use of deadly force, biased policing, interactions with mentally ill people, and \"system failures\" around discipline and accountability in the department.\u003c/p>\n\u003cp>It also calls for a \"pattern and practice investigation into the San Francisco Police Department for civil rights violations.\"\u003c/p>\n\u003cp>\"Early indications show that this will not go far enough to fix the systemic racism and problems in the San Francisco Police Department,\" ACLU staff attorney Micaela Davis said. \"We need the strong DOJ investigation in order to have full accountability on those issues. Anything less is not going to be sufficient.\"\u003c/p>\n\u003cp>Davis referenced Mayor Lee's and Chief Suhr's \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\">less-than-enthusiastic participation\u003c/a> with District Attorney George Gascón's initiative to probe the Police Departments culture and practices.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We are concerned that the mayor may be using this announcement to take attention away from an ongoing responsibility to cooperate with local efforts and reform,\" Davis said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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