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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/south-bay\">South Bay\u003c/a> prosecutors are seeking to try a 17-year-old arrested on suspicion of a gang-motivated shooting that injured three in the Westfield Valley Fair mall on Black Friday as an adult, significantly increasing the severity of the potential penalties he would face if convicted.\u003c/p>\n\u003cp>Santa Clara County District Attorney Jeff Rosen announced Wednesday morning that he filed a series of charges against the teenager, including attempted murder for the benefit of a street gang, and two counts of assault with a deadly weapon causing great bodily harm.\u003c/p>\n\u003cp>Rosen said the charges are the most severe his office can bring in the shooting, and he has also asked a judge to transfer the case to adult court, to “reflect the seriousness and dangerousness” of the teenager’s alleged actions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“If this case remains in juvenile court, the shooter will face at most three to five years in a secure juvenile facility. I don’t believe that is sufficient in this case,” Rosen said during a press conference on Wednesday morning outside the county’s Juvenile Center in San José.\u003c/p>\n\u003cp>He said a sentence of several years wouldn’t allow enough time for meaningful rehabilitation.\u003c/p>\n\u003cp>“Then you’re putting somebody back in the community who basically came within inches of murdering someone at the Valley Fair mall the day after Thanksgiving,” and narrowly missed causing a mass murder, Rosen said.\u003c/p>\n\u003cfigure id=\"attachment_11989256\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989256\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A San José Police Department squad car in San José on April 18, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The teenager, who officials have not identified because he is a minor, could face at least 15 years in prison before becoming eligible for parole if a judge grants the transfer to adult court and he is convicted, Rosen said.\u003c/p>\n\u003cp>“I think that’s a more appropriate penalty that reflects the seriousness of the criminal conduct and also provides time for real rehabilitation,” he said.\u003c/p>\n\u003cp>The accused teenager was previously arrested in February for carrying a loaded and concealed gun, officials said. He was free on a probational program, called deferred entry of judgment, which allows a person to eventually have a charge dismissed if they do not commit crimes while free, and often includes rehabilitative requirements like counseling, community service and paying restitution.\u003c/p>\n\u003cp>The case has resurfaced debate over whether more punitive punishments for youth who commit violent acts would help prevent such crimes, and prompted some community leaders to call for harsher penalties even as juvenile justice experts and advocates say putting young people behind bars for longer will not increase safety.[aside postID=news_12065629 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed.jpg']Greg Woods, a senior lecturer in the Department of Justice Studies at San José State University, said reverting to “tough on crime” laws would only breed more crime in communities and that teenagers and children need to be treated as such.\u003c/p>\n\u003cp>“We don’t hold legally enforceable contracts between juveniles and adults when it comes to making payments for an apartment or a mortgage or a car. We don’t permit juveniles to purchase alcohol or firearms or to even vote, because we don’t presume that they have the capacity to truly understand the significance of their acts,” Woods said.\u003c/p>\n\u003cp>“But when it comes to their criminal responsibility, we somehow now have talked ourselves into something that we were entertaining way back in the 1980s and 1990s, that the way we can best preserve our public safety is to guarantee a harsh punishment,” he said.\u003c/p>\n\u003cp>Law enforcement officials said Monday the shooting in the early evening of Nov. 28 was motivated by gang affiliation. The suspected shooter went to the mall with a group of people while wearing gang-affiliated clothing, spotted an alleged rival gang member, and shot at him, police said.\u003c/p>\n\u003cp>He fired six bullets, hitting the man he perceived as a rival, narrowly missing a fatal injury, and also hit two bystanders, a woman and a 16-year-old girl, who were not involved in the conflict, authorities said. All three victims were hospitalized and were expected to recover and were released by Monday, officials said.\u003c/p>\n\u003cp>Rosen said he also plans to file accessory charges against three adults: the shooter’s brother, the brother’s girlfriend and another man, who are all alleged to have helped the teenager escape and hide after the shooting, before he was arrested on Sunday night. Those charges carry penalties of up to three years in prison if convicted.\u003c/p>\n\u003cfigure id=\"attachment_12016082\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12016082 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">On Wednesday morning, Presiding Judge Julianne Sylva ruled during a juvenile court hearing that the suspect will remain in juvenile hall with no contact allowed with the three victims, and set the next hearing for Dec. 15. \u003ccite>(Ajax9/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officials said the process to request a transfer to adult court could take weeks or more, and would require probation officers to make a recommendation on whether the transfer should happen. The defense and prosecution can challenge that recommendation, and a judge will make a final ruling.\u003c/p>\n\u003cp>On Wednesday morning, during a juvenile court hearing, Presiding Judge Julianne Sylva ordered that the suspect remain detained in juvenile hall and have no contact with the three victims while the case progresses, and scheduled his next court hearing for Dec. 15.\u003c/p>\n\u003cp>The shooting, which caused chaos and sent shockwaves of fear through thousands in a crowded mall on an intensely busy day for shopping, garnered national headlines and eats away at the feeling of safety for people in the South Bay, officials said.\u003c/p>\n\u003cp>San José Mayor Matt Mahan and Police Chief Paul Joseph, earlier this week, called for changes to state laws to allow for harsher penalties against people who commit gun violence, including minors.\u003c/p>\n\u003cp>“In California, our laws do not treat gun violence with meaningful consequences. And if you’re a juvenile, the consequences are, quite frankly, almost nonexistent,” Joseph said during a press conference.[aside postID=news_12064587 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/11/image-9.png']Mahan said he’d like to “double down” on investments in programs that try to steer kids away from bad behavior and toward jobs and healthy lifestyles, including the San José Youth Empowerment Alliance. One of that program’s guiding principles is, “We cannot arrest our way out of this problem.”\u003c/p>\n\u003cp>However, Mahan also called for “enhancing penalties for those who commit or attempt murder and those who push our young people into a life of crime.”\u003c/p>\n\u003cp>Rosen said he understands and shares Mahan and Joseph’s frustrations.\u003c/p>\n\u003cp>“Has the pendulum gone so far that we’re endangering the public? I think that while the laws are much more lenient than I think perhaps they ought to be, I still think there are choices and options for judges to make that can protect this community,” Rosen said.\u003c/p>\n\u003cp>Damon Silver, Santa Clara County’s Public Defender, said he couldn’t comment about the Valley Fair shooting case in particular, but noted that the state’s gun laws include stiff penalties of up to a decade for having a gun illegally, and many years or decades more if the gun is fired, or if a fired gun hurts someone. He said youth are still allowed to be charged as adults when they commit serious crimes, including gun crimes.\u003c/p>\n\u003cp>Silver said the state is still “recovering from multiple decades of a mass incarceration mindset,” and reactionary calls to push California back toward a more punitive approach won’t work.\u003c/p>\n\u003cp>Those approaches led to “destabilizing some of the most vulnerable communities, in particular communities of color, locking up huge swaths of people from those communities for excessively long periods of time, and at excessive expense and with very little metrics to support that it was actually reducing crime,” Silver said.\u003c/p>\n\u003cp>“It makes people feel better that when you walk in front of them and tell them we just need to punish people more harshly, and they’ll quit doing things that we don’t approve of, rather than asking what are the root reasons, root causes as to why people are in the criminal legal system in the first place,” he said.\u003c/p>\n\u003cp>Silver said calls for harsher penalties based on rare and tragic outlier cases diminish the great work done by programs the county runs and programs like San José’s Youth Empowerment Alliance, in providing resources and support and alternative pathways for young people.\u003c/p>\n\u003cp>“Those are the solutions,” Silver said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "A judge will need to approve Jeff Rosen’s request to move the case out of juvenile court.\r\n",
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"title": "Santa Clara DA Pushes to Charge Teenage Valley Fair Shooting Suspect as Adult | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/south-bay\">South Bay\u003c/a> prosecutors are seeking to try a 17-year-old arrested on suspicion of a gang-motivated shooting that injured three in the Westfield Valley Fair mall on Black Friday as an adult, significantly increasing the severity of the potential penalties he would face if convicted.\u003c/p>\n\u003cp>Santa Clara County District Attorney Jeff Rosen announced Wednesday morning that he filed a series of charges against the teenager, including attempted murder for the benefit of a street gang, and two counts of assault with a deadly weapon causing great bodily harm.\u003c/p>\n\u003cp>Rosen said the charges are the most severe his office can bring in the shooting, and he has also asked a judge to transfer the case to adult court, to “reflect the seriousness and dangerousness” of the teenager’s alleged actions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“If this case remains in juvenile court, the shooter will face at most three to five years in a secure juvenile facility. I don’t believe that is sufficient in this case,” Rosen said during a press conference on Wednesday morning outside the county’s Juvenile Center in San José.\u003c/p>\n\u003cp>He said a sentence of several years wouldn’t allow enough time for meaningful rehabilitation.\u003c/p>\n\u003cp>“Then you’re putting somebody back in the community who basically came within inches of murdering someone at the Valley Fair mall the day after Thanksgiving,” and narrowly missed causing a mass murder, Rosen said.\u003c/p>\n\u003cfigure id=\"attachment_11989256\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989256\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A San José Police Department squad car in San José on April 18, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The teenager, who officials have not identified because he is a minor, could face at least 15 years in prison before becoming eligible for parole if a judge grants the transfer to adult court and he is convicted, Rosen said.\u003c/p>\n\u003cp>“I think that’s a more appropriate penalty that reflects the seriousness of the criminal conduct and also provides time for real rehabilitation,” he said.\u003c/p>\n\u003cp>The accused teenager was previously arrested in February for carrying a loaded and concealed gun, officials said. He was free on a probational program, called deferred entry of judgment, which allows a person to eventually have a charge dismissed if they do not commit crimes while free, and often includes rehabilitative requirements like counseling, community service and paying restitution.\u003c/p>\n\u003cp>The case has resurfaced debate over whether more punitive punishments for youth who commit violent acts would help prevent such crimes, and prompted some community leaders to call for harsher penalties even as juvenile justice experts and advocates say putting young people behind bars for longer will not increase safety.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Greg Woods, a senior lecturer in the Department of Justice Studies at San José State University, said reverting to “tough on crime” laws would only breed more crime in communities and that teenagers and children need to be treated as such.\u003c/p>\n\u003cp>“We don’t hold legally enforceable contracts between juveniles and adults when it comes to making payments for an apartment or a mortgage or a car. We don’t permit juveniles to purchase alcohol or firearms or to even vote, because we don’t presume that they have the capacity to truly understand the significance of their acts,” Woods said.\u003c/p>\n\u003cp>“But when it comes to their criminal responsibility, we somehow now have talked ourselves into something that we were entertaining way back in the 1980s and 1990s, that the way we can best preserve our public safety is to guarantee a harsh punishment,” he said.\u003c/p>\n\u003cp>Law enforcement officials said Monday the shooting in the early evening of Nov. 28 was motivated by gang affiliation. The suspected shooter went to the mall with a group of people while wearing gang-affiliated clothing, spotted an alleged rival gang member, and shot at him, police said.\u003c/p>\n\u003cp>He fired six bullets, hitting the man he perceived as a rival, narrowly missing a fatal injury, and also hit two bystanders, a woman and a 16-year-old girl, who were not involved in the conflict, authorities said. All three victims were hospitalized and were expected to recover and were released by Monday, officials said.\u003c/p>\n\u003cp>Rosen said he also plans to file accessory charges against three adults: the shooter’s brother, the brother’s girlfriend and another man, who are all alleged to have helped the teenager escape and hide after the shooting, before he was arrested on Sunday night. Those charges carry penalties of up to three years in prison if convicted.\u003c/p>\n\u003cfigure id=\"attachment_12016082\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12016082 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/GettyImages-1889004792-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">On Wednesday morning, Presiding Judge Julianne Sylva ruled during a juvenile court hearing that the suspect will remain in juvenile hall with no contact allowed with the three victims, and set the next hearing for Dec. 15. \u003ccite>(Ajax9/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officials said the process to request a transfer to adult court could take weeks or more, and would require probation officers to make a recommendation on whether the transfer should happen. The defense and prosecution can challenge that recommendation, and a judge will make a final ruling.\u003c/p>\n\u003cp>On Wednesday morning, during a juvenile court hearing, Presiding Judge Julianne Sylva ordered that the suspect remain detained in juvenile hall and have no contact with the three victims while the case progresses, and scheduled his next court hearing for Dec. 15.\u003c/p>\n\u003cp>The shooting, which caused chaos and sent shockwaves of fear through thousands in a crowded mall on an intensely busy day for shopping, garnered national headlines and eats away at the feeling of safety for people in the South Bay, officials said.\u003c/p>\n\u003cp>San José Mayor Matt Mahan and Police Chief Paul Joseph, earlier this week, called for changes to state laws to allow for harsher penalties against people who commit gun violence, including minors.\u003c/p>\n\u003cp>“In California, our laws do not treat gun violence with meaningful consequences. And if you’re a juvenile, the consequences are, quite frankly, almost nonexistent,” Joseph said during a press conference.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Mahan said he’d like to “double down” on investments in programs that try to steer kids away from bad behavior and toward jobs and healthy lifestyles, including the San José Youth Empowerment Alliance. One of that program’s guiding principles is, “We cannot arrest our way out of this problem.”\u003c/p>\n\u003cp>However, Mahan also called for “enhancing penalties for those who commit or attempt murder and those who push our young people into a life of crime.”\u003c/p>\n\u003cp>Rosen said he understands and shares Mahan and Joseph’s frustrations.\u003c/p>\n\u003cp>“Has the pendulum gone so far that we’re endangering the public? I think that while the laws are much more lenient than I think perhaps they ought to be, I still think there are choices and options for judges to make that can protect this community,” Rosen said.\u003c/p>\n\u003cp>Damon Silver, Santa Clara County’s Public Defender, said he couldn’t comment about the Valley Fair shooting case in particular, but noted that the state’s gun laws include stiff penalties of up to a decade for having a gun illegally, and many years or decades more if the gun is fired, or if a fired gun hurts someone. He said youth are still allowed to be charged as adults when they commit serious crimes, including gun crimes.\u003c/p>\n\u003cp>Silver said the state is still “recovering from multiple decades of a mass incarceration mindset,” and reactionary calls to push California back toward a more punitive approach won’t work.\u003c/p>\n\u003cp>Those approaches led to “destabilizing some of the most vulnerable communities, in particular communities of color, locking up huge swaths of people from those communities for excessively long periods of time, and at excessive expense and with very little metrics to support that it was actually reducing crime,” Silver said.\u003c/p>\n\u003cp>“It makes people feel better that when you walk in front of them and tell them we just need to punish people more harshly, and they’ll quit doing things that we don’t approve of, rather than asking what are the root reasons, root causes as to why people are in the criminal legal system in the first place,” he said.\u003c/p>\n\u003cp>Silver said calls for harsher penalties based on rare and tragic outlier cases diminish the great work done by programs the county runs and programs like San José’s Youth Empowerment Alliance, in providing resources and support and alternative pathways for young people.\u003c/p>\n\u003cp>“Those are the solutions,” Silver said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "civil-liberties-groups-sue-san-jose-over-license-plate-reader-use",
"title": "Civil Liberties Groups Sue San José Over License Plate Reader Use",
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"headTitle": "Civil Liberties Groups Sue San José Over License Plate Reader Use | KQED",
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"content": "\u003cp>A group of civil liberties and immigrant support organizations is suing \u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a>, alleging the city’s widespread use of hundreds of automated license plate readers amounts to a “deeply invasive” mass surveillance system that violates residents’ rights to privacy in California.\u003c/p>\n\u003cp>The city’s \u003ca href=\"https://www.kqed.org/news/11983813/san-jose-adding-hundreds-of-license-plate-readers-amid-privacy-and-efficacy-concerns\">current arsenal of readers\u003c/a>, often mounted on streetlight poles, is approaching 500, following an aggressive expansion push last year headed up by San José’s Police Chief Paul Joseph and Mayor Matt Mahan, under the banner of improved safety for residents. The lawsuit said the cameras scanned more than 361 million license plates last year in the city.\u003c/p>\n\u003cp>San José is far from alone in relying heavily on mass surveillance technologies, and not the only city to be sued for its alleged misuse.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Many \u003ca href=\"https://www.kqed.org/news/11989977/san-franciscos-new-license-plate-readers-are-leading-to-arrests-and-concerns-about-privacy\">other cities\u003c/a> are also adding to their arrays of cameras, listening devices and scanners, and on Tuesday, the same day the lawsuit against San José was filed, Oakland was also sued, alleging that its police department has shared license plate reader data with federal agencies, going against state law.\u003c/p>\n\u003cp>California’s Attorney General Rob Bonta has also cracked down on similar violations, suing the city of El Cajon in October over its refusal to comply with the more than decade-old state law, SB 34, that bans such data from being shared with federal agencies or out-of-state law enforcement.\u003c/p>\n\u003cfigure id=\"attachment_12047902\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12047902\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The exterior of the San José Police Department headquarters on April 18, 2024. \u003ccite>(Joseph Geha/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In San José, attorneys with the American Civil Liberties Union of Northern California and the Electronic Frontier Foundation, the organizations that filed the suit, say that because the city has so many readers and retains the plate and car data for a year, its surveillance of residents “is especially pervasive in both time and space.”\u003c/p>\n\u003cp>The lawsuit was filed on behalf of the California chapter of the Council on American Islamic Relations, known as CAIR-CA, and the Services, Immigrant Rights and Education Network, known as SIREN.\u003c/p>\n\u003cp>“For Muslim, immigrant, and other marginalized communities that already live with profiling, the idea that police can map your trips to the mosque, your lawyer, or your doctor — without a warrant — is chilling,” Zahra Billoo, executive director of the San Francisco Bay Area office of CAIR, wrote in an email.\u003c/p>\n\u003cp>The city’s cameras, from surveillance company Flock Safety, capture license plates on cars, but also the car’s make and model and other characteristics like roof racks or bumper stickers, and those captures happen millions of times each month. Flock’s software pings police when a car matching a “hotlist” is scanned by the cameras.[aside postID=news_11983813 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/SAN-JOSE-LICENSE-PLATE-READERS-11-KQED-1020x680.jpg']However, the lawsuit filed Tuesday doesn’t attack the use of the systems for quickly comparing cars to any current hotlists, attorneys say. Rather, the alleged violations of privacy rights and rights to be free from unreasonable searches and seizures stem from the police department’s retrospective reviews of the millions of data points the city keeps for a year.\u003c/p>\n\u003cp>Nick Hidalgo, a staff attorney for the ACLU of Northern California, said the lawsuit asks a judge to require San José police officers and other law enforcement agencies to get a warrant when they want to search the vast troves of stored data.\u003c/p>\n\u003cp>“It would be one thing if San José retained information for three minutes to check a license plate against a hotlist to make sure it wasn’t actively involved in an ongoing crime or an investigation,” Hidalgo said. “But that’s not what they do. They keep them for an entire year, which means that they can go back and look and see where a driver went to obtain medical care, where they worked, whether they attended a protest, or where they take their kids to school. It’s a huge overall scope problem.”\u003c/p>\n\u003cp>In April 2024, following a promotional event where Mayor Mahan climbed a ladder to help install a Flock camera in an East Side neighborhood, the city’s own data privacy officer, Albert Gehami, told KQED that keeping data not related to an investigation for a year is “excessive” and out of line with what many other police departments do.\u003c/p>\n\u003cp>The city attorney’s office at the time said if the City Council wanted to change the city’s policy on how long data is retained, they could, but no such action has been proposed.\u003c/p>\n\u003cfigure id=\"attachment_12005552\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12005552\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader.jpg\" alt=\"\" width=\"2000\" height=\"1323\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-800x529.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-1020x675.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-1536x1016.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-1920x1270.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">An automated license plate reader is seen mounted on a pole on June 13, 2024, in San Francisco, California. Just across the Bay Bridge, Oakland is installing new automated license plate readers from the state. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city attorney’s office did not respond to a request for comment on Tuesday. The police department declined to comment due to the pending litigation.\u003c/p>\n\u003cp>Mahan, in a statement sent to KQED, said the city has “built in robust data privacy and security measures throughout our ALPR system, including regular deletion of collected data that is not being actively used in an investigation.”\u003c/p>\n\u003cp>“While we take seriously our responsibility for data privacy and security, we can’t let fear of new tools get in the way of the safety of our families, especially given that this system is a big part of the reason we’ve solved 100% of homicides over the past three years,” he said.\u003c/p>\n\u003cp>The lawsuit cites the city’s Flock Transparency Portal data, showing there were 923,159 hotlist hits out of the city’s 361,494,941 total scans in 2024, or roughly 0.2% of scans. “In other words, nearly everyone whose ALPR information is stored by San José were under no suspicion whatsoever at the time the ALPR system captured that information,” the lawsuit said.[aside postID=news_12058285 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/10/GettyImages-1073937084-2000x1333.jpg']Between June 5, 2024, and June 17, 2025, the lawsuit said San José police officers conducted 261,711 searches of its Flock database, averaging several hundred times per day.\u003c/p>\n\u003cp>But because the department also shares its data with law enforcement agencies up and down the state, the database was searched a total of 3,965,519 times during that same period.\u003c/p>\n\u003cp>“Short of choosing not to drive, there is no way for a person traveling within the city of San José to avoid having their location information caught up in the SJPD’s ALPR surveillance web,” the lawsuit said. “Yet many San José residents have no choice but to drive because the city is a car-dependent series of communities, too large to commute by foot and often lacking meaningful public transportation alternatives.”\u003c/p>\n\u003cp>While public safety officials have touted the use of the readers as a way to cut down crime and improve safety, the police department has previously refused to offer data points or metrics to show how the systems are a success.\u003c/p>\n\u003cp>“We like to measure our success in terms of usefulness in our pursuit of public safety by solving and reducing crime,” Sgt. Jorge Garibay, a department spokesperson, told KQED in 2024.\u003c/p>\n\u003cp>“Crime trends fluctuate, as do crime types. What most of these have in common is a mode of transportation to and from the scene of crime. When that mode is a vehicle, ALPR success is achieved when a hit has been broadcasted and officers have a tangible lead to follow up on.”\u003c/p>\n\u003cfigure id=\"attachment_11989256\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989256\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A San José Police Department squad car in San José on April 18, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hidalgo, from the ACLU, said the system vendors like Flock Safety or Vigilant will always point to a handful of cases where the technology was useful for law enforcement. The San José Police Department’s Flock Safety portal, for example, also has a list of about 30 past incidents in 2024 and 2023 where the technology was used to make an arrest.\u003c/p>\n\u003cp>“But when you compare how often they are actually useful to just how much information they’re collecting and how rare those hits are … it really shows you that these are not the right technologies to protect people,” Hidalgo said.\u003c/p>\n\u003cp>The attorneys could have brought a similar lawsuit in many cities or jurisdictions in the state, Hidalgo said, as dragnet surveillance has become more commonplace. But the privacy violations are even worse in San José, due to the size and scope of its system, he said.\u003c/p>\n\u003cp>“But we’re very hopeful that if we obtain a positive ruling in this case, that it will encourage other jurisdictions … to reconsider how they use their license plate reader data.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A group of civil liberties and immigrant support organizations is suing \u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a>, alleging the city’s widespread use of hundreds of automated license plate readers amounts to a “deeply invasive” mass surveillance system that violates residents’ rights to privacy in California.\u003c/p>\n\u003cp>The city’s \u003ca href=\"https://www.kqed.org/news/11983813/san-jose-adding-hundreds-of-license-plate-readers-amid-privacy-and-efficacy-concerns\">current arsenal of readers\u003c/a>, often mounted on streetlight poles, is approaching 500, following an aggressive expansion push last year headed up by San José’s Police Chief Paul Joseph and Mayor Matt Mahan, under the banner of improved safety for residents. The lawsuit said the cameras scanned more than 361 million license plates last year in the city.\u003c/p>\n\u003cp>San José is far from alone in relying heavily on mass surveillance technologies, and not the only city to be sued for its alleged misuse.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many \u003ca href=\"https://www.kqed.org/news/11989977/san-franciscos-new-license-plate-readers-are-leading-to-arrests-and-concerns-about-privacy\">other cities\u003c/a> are also adding to their arrays of cameras, listening devices and scanners, and on Tuesday, the same day the lawsuit against San José was filed, Oakland was also sued, alleging that its police department has shared license plate reader data with federal agencies, going against state law.\u003c/p>\n\u003cp>California’s Attorney General Rob Bonta has also cracked down on similar violations, suing the city of El Cajon in October over its refusal to comply with the more than decade-old state law, SB 34, that bans such data from being shared with federal agencies or out-of-state law enforcement.\u003c/p>\n\u003cfigure id=\"attachment_12047902\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12047902\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/240418-SJPDFILE-JG-6_qed-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The exterior of the San José Police Department headquarters on April 18, 2024. \u003ccite>(Joseph Geha/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In San José, attorneys with the American Civil Liberties Union of Northern California and the Electronic Frontier Foundation, the organizations that filed the suit, say that because the city has so many readers and retains the plate and car data for a year, its surveillance of residents “is especially pervasive in both time and space.”\u003c/p>\n\u003cp>The lawsuit was filed on behalf of the California chapter of the Council on American Islamic Relations, known as CAIR-CA, and the Services, Immigrant Rights and Education Network, known as SIREN.\u003c/p>\n\u003cp>“For Muslim, immigrant, and other marginalized communities that already live with profiling, the idea that police can map your trips to the mosque, your lawyer, or your doctor — without a warrant — is chilling,” Zahra Billoo, executive director of the San Francisco Bay Area office of CAIR, wrote in an email.\u003c/p>\n\u003cp>The city’s cameras, from surveillance company Flock Safety, capture license plates on cars, but also the car’s make and model and other characteristics like roof racks or bumper stickers, and those captures happen millions of times each month. Flock’s software pings police when a car matching a “hotlist” is scanned by the cameras.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>However, the lawsuit filed Tuesday doesn’t attack the use of the systems for quickly comparing cars to any current hotlists, attorneys say. Rather, the alleged violations of privacy rights and rights to be free from unreasonable searches and seizures stem from the police department’s retrospective reviews of the millions of data points the city keeps for a year.\u003c/p>\n\u003cp>Nick Hidalgo, a staff attorney for the ACLU of Northern California, said the lawsuit asks a judge to require San José police officers and other law enforcement agencies to get a warrant when they want to search the vast troves of stored data.\u003c/p>\n\u003cp>“It would be one thing if San José retained information for three minutes to check a license plate against a hotlist to make sure it wasn’t actively involved in an ongoing crime or an investigation,” Hidalgo said. “But that’s not what they do. They keep them for an entire year, which means that they can go back and look and see where a driver went to obtain medical care, where they worked, whether they attended a protest, or where they take their kids to school. It’s a huge overall scope problem.”\u003c/p>\n\u003cp>In April 2024, following a promotional event where Mayor Mahan climbed a ladder to help install a Flock camera in an East Side neighborhood, the city’s own data privacy officer, Albert Gehami, told KQED that keeping data not related to an investigation for a year is “excessive” and out of line with what many other police departments do.\u003c/p>\n\u003cp>The city attorney’s office at the time said if the City Council wanted to change the city’s policy on how long data is retained, they could, but no such action has been proposed.\u003c/p>\n\u003cfigure id=\"attachment_12005552\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12005552\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader.jpg\" alt=\"\" width=\"2000\" height=\"1323\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-800x529.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-1020x675.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-1536x1016.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/SFLicensePlateReader-1920x1270.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">An automated license plate reader is seen mounted on a pole on June 13, 2024, in San Francisco, California. Just across the Bay Bridge, Oakland is installing new automated license plate readers from the state. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city attorney’s office did not respond to a request for comment on Tuesday. The police department declined to comment due to the pending litigation.\u003c/p>\n\u003cp>Mahan, in a statement sent to KQED, said the city has “built in robust data privacy and security measures throughout our ALPR system, including regular deletion of collected data that is not being actively used in an investigation.”\u003c/p>\n\u003cp>“While we take seriously our responsibility for data privacy and security, we can’t let fear of new tools get in the way of the safety of our families, especially given that this system is a big part of the reason we’ve solved 100% of homicides over the past three years,” he said.\u003c/p>\n\u003cp>The lawsuit cites the city’s Flock Transparency Portal data, showing there were 923,159 hotlist hits out of the city’s 361,494,941 total scans in 2024, or roughly 0.2% of scans. “In other words, nearly everyone whose ALPR information is stored by San José were under no suspicion whatsoever at the time the ALPR system captured that information,” the lawsuit said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Between June 5, 2024, and June 17, 2025, the lawsuit said San José police officers conducted 261,711 searches of its Flock database, averaging several hundred times per day.\u003c/p>\n\u003cp>But because the department also shares its data with law enforcement agencies up and down the state, the database was searched a total of 3,965,519 times during that same period.\u003c/p>\n\u003cp>“Short of choosing not to drive, there is no way for a person traveling within the city of San José to avoid having their location information caught up in the SJPD’s ALPR surveillance web,” the lawsuit said. “Yet many San José residents have no choice but to drive because the city is a car-dependent series of communities, too large to commute by foot and often lacking meaningful public transportation alternatives.”\u003c/p>\n\u003cp>While public safety officials have touted the use of the readers as a way to cut down crime and improve safety, the police department has previously refused to offer data points or metrics to show how the systems are a success.\u003c/p>\n\u003cp>“We like to measure our success in terms of usefulness in our pursuit of public safety by solving and reducing crime,” Sgt. Jorge Garibay, a department spokesperson, told KQED in 2024.\u003c/p>\n\u003cp>“Crime trends fluctuate, as do crime types. What most of these have in common is a mode of transportation to and from the scene of crime. When that mode is a vehicle, ALPR success is achieved when a hit has been broadcasted and officers have a tangible lead to follow up on.”\u003c/p>\n\u003cfigure id=\"attachment_11989256\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11989256\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A San José Police Department squad car in San José on April 18, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hidalgo, from the ACLU, said the system vendors like Flock Safety or Vigilant will always point to a handful of cases where the technology was useful for law enforcement. The San José Police Department’s Flock Safety portal, for example, also has a list of about 30 past incidents in 2024 and 2023 where the technology was used to make an arrest.\u003c/p>\n\u003cp>“But when you compare how often they are actually useful to just how much information they’re collecting and how rare those hits are … it really shows you that these are not the right technologies to protect people,” Hidalgo said.\u003c/p>\n\u003cp>The attorneys could have brought a similar lawsuit in many cities or jurisdictions in the state, Hidalgo said, as dragnet surveillance has become more commonplace. But the privacy violations are even worse in San José, due to the size and scope of its system, he said.\u003c/p>\n\u003cp>“But we’re very hopeful that if we obtain a positive ruling in this case, that it will encourage other jurisdictions … to reconsider how they use their license plate reader data.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Judge Suspends Arson Case Against Richard Tillman Over Competency Concerns",
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"content": "\u003cp>\u003cem>Updated 4:20 p.m.\u003c/em>\u003c/p>\n\u003cp>A Santa Clara County judge has suspended \u003ca href=\"https://www.kqed.org/news/12049042/pat-tillmans-brother-arrested-in-san-jose-post-office-fire-had-alarming-posts-online\">legal proceedings against Richard Tillman\u003c/a>, the younger brother of late NFL player and Army Ranger Pat Tillman Jr., until he can be evaluated by doctors to determine if he is competent to stand trial.\u003c/p>\n\u003cp>The ruling came Wednesday afternoon during an arraignment hearing in which Tillman, who is charged with arson and vandalism of a San José post office, made multiple outbursts and questioned the ability of his own attorney.\u003c/p>\n\u003cp>Deputy Public Defender Brandon Camarillo, representing Tillman, told Judge Hector E. Ramon there is doubt about Tillman’s competency to understand the nature of the court proceedings.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Based on what he just said he’s obviously incompetent,” Tillman said, interrupting Camarillo. “I’ll prove my competency whenever you like.”\u003c/p>\n\u003cp>Ramon decided to suspend the case until an Aug. 15 hearing to appoint doctors to examine Tillman.\u003c/p>\n\u003cfigure id=\"attachment_12049103\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12049103 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireTwitter2.jpg\" alt=\"\" width=\"2000\" height=\"1599\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireTwitter2.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireTwitter2-160x128.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireTwitter2-1536x1228.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">On Sunday morning, July 20, 2025, San José Fire Department firefighters responded to a fire at the post office on the 6500 block of Crown Boulevard with about 50 personnel on scene. \u003ccite>(Courtesy of San José Fire Department via X)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Tillman appeared in court in a bright yellow county jail jumpsuit, with shoulder-length salt and pepper hair and a long gray beard. With both hands shackled, he waved at media cameras and nodded his head in recognition of people in the courtroom seating area.\u003c/p>\n\u003cp>As Ramon was announcing the decision to suspend proceedings, Tillman again interjected to make another statement about the public defender.\u003c/p>\n\u003cp>“Well, he’s obviously not my attorney anymore,” Tillman said, laughing.\u003c/p>\n\u003cp>Prosecutors say Tillman used fireplace logs as an “incendiary device” to \u003ca href=\"https://www.kqed.org/news/12049042/pat-tillmans-brother-arrested-in-san-jose-post-office-fire-had-alarming-posts-online\">set fire to a South San José post office\u003c/a> building early Sunday morning, and livestreamed the blaze online, authorities said in charging documents.\u003c/p>\n\u003cp>In addition to felony charges of arson and vandalism, he is charged with felony possession of combustible material or incendiary device for malicious use, according to a complaint filed by prosecutors Tuesday afternoon.[aside postID=news_12049042 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireAP1.jpg']In the documents, authorities allege Tillman bought “insta-logs” and lighter fluid at a Lucky supermarket around 1 a.m. Sunday, then parked across the street from the Almaden Valley U.S. Post Office branch at 6525 Crown Blvd.\u003c/p>\n\u003cp>“After some time, he scattered the ‘insta-logs’ throughout his vehicle and doused them with lighter fluid,” a police arson investigator’s summary of the evidence said. “He backed his vehicle into the post office, grabbed a match, and lit the car on fire, causing severe damage to the structure.”\u003c/p>\n\u003cp>Firefighters who arrived to combat the blaze around 3 a.m. pointed Tillman out to a responding officer, indicating he was responsible for the fire.\u003c/p>\n\u003cp>Police said that when an officer spoke to Tillman, he was livestreaming the incident from his phone to his YouTube account. The officer ended the livestream and arrested Tillman, the arson investigator’s summary said.\u003c/p>\n\u003cp>Investigators said evidence also shows that Tillman spray-painted the side of the building with the words “Viva La Me.”\u003c/p>\n\u003cp>While prosecutors with the Santa Clara County District Attorney’s Office didn’t oppose the suspension of proceedings, they disagreed with Ramon’s decision to allow Tillman the option of bail, which Judge Ramon set at $135,000.\u003c/p>\n\u003cp>Assistant District Attorney Angela Bernhard told Ramon that Tillman could be a danger to others.\u003c/p>\n\u003cp>“Mr. Tillman was livestreaming this event. He was proud of it. It was something that he wanted to show off,” Bernhard said during the hearing. “He told police officers that this was 100% premeditated, and that he was doing this in order to prove a point to the United States government. Assuming that that point has not yet been proven, Mr. Tillman presents an ongoing threat to public safety.”\u003c/p>\n\u003cfigure id=\"attachment_12049497\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178.jpg\" alt=\"\" width=\"2000\" height=\"1495\" class=\"size-full wp-image-12049497\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178-1536x1148.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Richard Tillman, left, the brother of former Arizona State player Pat Tillman, greets one of his brother’s former teammates Jake Plummer, right, prior to a ceremony retiring Pat’s jersey during halftime of the Washington State and Arizona State game, Nov. 13, 2004, in Tempe, Ariz. \u003ccite>(AP Photo/Paul Connors, File)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She argued that the post office is surrounded by homes, and an intentional fire could lead to loss of life. \u003c/p>\n\u003cp>Ramon disagreed.\u003c/p>\n\u003cp>“The only thing that was attacked in this case was the post office. And interestingly enough, it was approximately three o’clock in the morning on a Sunday. I can’t think of another time where there wouldn’t be anyone, even at the post office,” Ramon said.\u003c/p>\n\u003cp>He also said homes in the area aren’t close enough to be considered surrounding the building.[aside postID=news_11619111 hero='https://ww2.kqed.org/app/uploads/sites/10/2017/09/Tillman-1180x769.jpg']“It’s not a capital offense, it’s not an offense involving violence against another person, nor is it a sexual offense,” Ramon said.\u003c/p>\n\u003cp>After the hearing, Bernhard said during a press conference that the competency evaluation process could take several months to complete.\u003c/p>\n\u003cp>Tillman’s brother, Kevin Tillman, as well as his parents, Pat Tillman Sr. and Mary Tillman, were all present at the court hearing. The family declined to comment. In a statement issued Monday, the family said Tillman has been dealing with “severe mental health issues” for years. \u003c/p>\n\u003cp>“He has been livestreaming, what I’ll call, his altered self on social media for anyone to witness. Unfortunately, securing the proper care and support for him has proven incredibly difficult — or rather, impossible. As a result, none of this is as shocking as it should be,” the statement said.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/arts/33330/the_tillman_story_one_familys_quest_for_the_truth\">Pat Tillman Jr.\u003c/a> was killed in Afghanistan in 2004 when members of his U.S. platoon fired on him and an Afghan militia member, mistaking them for enemy fighters. The U.S. government subsequently attempted to cover up the truth about the killing, including instructing an officer to lie to the soldier’s family about the circumstances of his death.\u003c/p>\n\u003cp>In recent years, Richard Tillman often livestreamed on his YouTube account from inside a car. He referred to himself as a god by the name of “Yeshua,” and often railed against the government or the “Hollywood elite.”\u003c/p>\n\u003cp>The caption of a post on Tillman’s Facebook profile from 2023 includes apparent threats to the families of postal workers and other delivery companies that their loved ones could be “dropping dead” soon, after he wrote about not receiving his packages. YouTube terminated his account shortly after the news of the fire became public.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/bkrans\">\u003cem>Brian Krans\u003c/em>\u003c/a>\u003cem> contributed to this report. \u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "A judge suspended criminal proceedings against the younger brother of Pat Tillman Jr. until he can be evaluated by doctors. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 4:20 p.m.\u003c/em>\u003c/p>\n\u003cp>A Santa Clara County judge has suspended \u003ca href=\"https://www.kqed.org/news/12049042/pat-tillmans-brother-arrested-in-san-jose-post-office-fire-had-alarming-posts-online\">legal proceedings against Richard Tillman\u003c/a>, the younger brother of late NFL player and Army Ranger Pat Tillman Jr., until he can be evaluated by doctors to determine if he is competent to stand trial.\u003c/p>\n\u003cp>The ruling came Wednesday afternoon during an arraignment hearing in which Tillman, who is charged with arson and vandalism of a San José post office, made multiple outbursts and questioned the ability of his own attorney.\u003c/p>\n\u003cp>Deputy Public Defender Brandon Camarillo, representing Tillman, told Judge Hector E. Ramon there is doubt about Tillman’s competency to understand the nature of the court proceedings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Based on what he just said he’s obviously incompetent,” Tillman said, interrupting Camarillo. “I’ll prove my competency whenever you like.”\u003c/p>\n\u003cp>Ramon decided to suspend the case until an Aug. 15 hearing to appoint doctors to examine Tillman.\u003c/p>\n\u003cfigure id=\"attachment_12049103\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12049103 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireTwitter2.jpg\" alt=\"\" width=\"2000\" height=\"1599\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireTwitter2.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireTwitter2-160x128.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/SanJosePostOfficeFireTwitter2-1536x1228.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">On Sunday morning, July 20, 2025, San José Fire Department firefighters responded to a fire at the post office on the 6500 block of Crown Boulevard with about 50 personnel on scene. \u003ccite>(Courtesy of San José Fire Department via X)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Tillman appeared in court in a bright yellow county jail jumpsuit, with shoulder-length salt and pepper hair and a long gray beard. With both hands shackled, he waved at media cameras and nodded his head in recognition of people in the courtroom seating area.\u003c/p>\n\u003cp>As Ramon was announcing the decision to suspend proceedings, Tillman again interjected to make another statement about the public defender.\u003c/p>\n\u003cp>“Well, he’s obviously not my attorney anymore,” Tillman said, laughing.\u003c/p>\n\u003cp>Prosecutors say Tillman used fireplace logs as an “incendiary device” to \u003ca href=\"https://www.kqed.org/news/12049042/pat-tillmans-brother-arrested-in-san-jose-post-office-fire-had-alarming-posts-online\">set fire to a South San José post office\u003c/a> building early Sunday morning, and livestreamed the blaze online, authorities said in charging documents.\u003c/p>\n\u003cp>In addition to felony charges of arson and vandalism, he is charged with felony possession of combustible material or incendiary device for malicious use, according to a complaint filed by prosecutors Tuesday afternoon.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In the documents, authorities allege Tillman bought “insta-logs” and lighter fluid at a Lucky supermarket around 1 a.m. Sunday, then parked across the street from the Almaden Valley U.S. Post Office branch at 6525 Crown Blvd.\u003c/p>\n\u003cp>“After some time, he scattered the ‘insta-logs’ throughout his vehicle and doused them with lighter fluid,” a police arson investigator’s summary of the evidence said. “He backed his vehicle into the post office, grabbed a match, and lit the car on fire, causing severe damage to the structure.”\u003c/p>\n\u003cp>Firefighters who arrived to combat the blaze around 3 a.m. pointed Tillman out to a responding officer, indicating he was responsible for the fire.\u003c/p>\n\u003cp>Police said that when an officer spoke to Tillman, he was livestreaming the incident from his phone to his YouTube account. The officer ended the livestream and arrested Tillman, the arson investigator’s summary said.\u003c/p>\n\u003cp>Investigators said evidence also shows that Tillman spray-painted the side of the building with the words “Viva La Me.”\u003c/p>\n\u003cp>While prosecutors with the Santa Clara County District Attorney’s Office didn’t oppose the suspension of proceedings, they disagreed with Ramon’s decision to allow Tillman the option of bail, which Judge Ramon set at $135,000.\u003c/p>\n\u003cp>Assistant District Attorney Angela Bernhard told Ramon that Tillman could be a danger to others.\u003c/p>\n\u003cp>“Mr. Tillman was livestreaming this event. He was proud of it. It was something that he wanted to show off,” Bernhard said during the hearing. “He told police officers that this was 100% premeditated, and that he was doing this in order to prove a point to the United States government. Assuming that that point has not yet been proven, Mr. Tillman presents an ongoing threat to public safety.”\u003c/p>\n\u003cfigure id=\"attachment_12049497\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178.jpg\" alt=\"\" width=\"2000\" height=\"1495\" class=\"size-full wp-image-12049497\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/AP25202582611178-1536x1148.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Richard Tillman, left, the brother of former Arizona State player Pat Tillman, greets one of his brother’s former teammates Jake Plummer, right, prior to a ceremony retiring Pat’s jersey during halftime of the Washington State and Arizona State game, Nov. 13, 2004, in Tempe, Ariz. \u003ccite>(AP Photo/Paul Connors, File)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She argued that the post office is surrounded by homes, and an intentional fire could lead to loss of life. \u003c/p>\n\u003cp>Ramon disagreed.\u003c/p>\n\u003cp>“The only thing that was attacked in this case was the post office. And interestingly enough, it was approximately three o’clock in the morning on a Sunday. I can’t think of another time where there wouldn’t be anyone, even at the post office,” Ramon said.\u003c/p>\n\u003cp>He also said homes in the area aren’t close enough to be considered surrounding the building.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“It’s not a capital offense, it’s not an offense involving violence against another person, nor is it a sexual offense,” Ramon said.\u003c/p>\n\u003cp>After the hearing, Bernhard said during a press conference that the competency evaluation process could take several months to complete.\u003c/p>\n\u003cp>Tillman’s brother, Kevin Tillman, as well as his parents, Pat Tillman Sr. and Mary Tillman, were all present at the court hearing. The family declined to comment. In a statement issued Monday, the family said Tillman has been dealing with “severe mental health issues” for years. \u003c/p>\n\u003cp>“He has been livestreaming, what I’ll call, his altered self on social media for anyone to witness. Unfortunately, securing the proper care and support for him has proven incredibly difficult — or rather, impossible. As a result, none of this is as shocking as it should be,” the statement said.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/arts/33330/the_tillman_story_one_familys_quest_for_the_truth\">Pat Tillman Jr.\u003c/a> was killed in Afghanistan in 2004 when members of his U.S. platoon fired on him and an Afghan militia member, mistaking them for enemy fighters. The U.S. government subsequently attempted to cover up the truth about the killing, including instructing an officer to lie to the soldier’s family about the circumstances of his death.\u003c/p>\n\u003cp>In recent years, Richard Tillman often livestreamed on his YouTube account from inside a car. He referred to himself as a god by the name of “Yeshua,” and often railed against the government or the “Hollywood elite.”\u003c/p>\n\u003cp>The caption of a post on Tillman’s Facebook profile from 2023 includes apparent threats to the families of postal workers and other delivery companies that their loved ones could be “dropping dead” soon, after he wrote about not receiving his packages. YouTube terminated his account shortly after the news of the fire became public.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/bkrans\">\u003cem>Brian Krans\u003c/em>\u003c/a>\u003cem> contributed to this report. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "san-jose-police-fatally-shoot-suspect-in-park-stabbing-second-killing-in-a-week",
"title": "San José Police Say Father Killed His Son Before Being Shot by Officers",
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"headTitle": "San José Police Say Father Killed His Son Before Being Shot by Officers | KQED",
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"content": "\u003cp>\u003cem>Updated 4:40 p.m. Monday\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a> police say a man stabbed his own child to death in a North San José park on Sunday afternoon, then called 911 to report the killing before officers fatally shot him.\u003c/p>\n\u003cp>Police Chief Paul Joseph said during a Monday afternoon press conference that the man appears to have planned the act in an attempt to provoke officers to shoot him, which Joseph called “cowardly.”\u003c/p>\n\u003cp>Around 3:23 p.m. Sunday, Joseph said a man called 911 to report that someone had stabbed his 9-year-old son at Cataldi Park.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“The caller was hysterical, stating the assailant was still on scene and gave a description of the suspect that officers later discovered exactly described the caller himself,” Joseph said.\u003c/p>\n\u003cp>When officers arrived, they saw Mateusz Dzierbun, 48, of Fremont, hunched over a bloody child on the ground, armed with a large knife, Joseph said.\u003c/p>\n\u003cfigure id=\"attachment_12048044\" class=\"wp-caption alignleft\" style=\"max-width: 1116px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12048044\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/Screenshot-2025-07-14-at-4.27.38-PM.jpg\" alt=\"\" width=\"1116\" height=\"1538\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/Screenshot-2025-07-14-at-4.27.38-PM.jpg 1116w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/Screenshot-2025-07-14-at-4.27.38-PM-160x221.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/Screenshot-2025-07-14-at-4.27.38-PM-1115x1536.jpg 1115w\" sizes=\"auto, (max-width: 1116px) 100vw, 1116px\">\u003cfigcaption class=\"wp-caption-text\">Mateusz Dzierbun, 48, of Fremont, in a photo posted on Dzierbun’s Instagram account in 2017. \u003ccite>(Instagram)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Joseph said officers “pleaded with the suspect to drop the knife,” but Dzierbun didn’t cooperate “and instead made several statements indicating he intended to be shot by the police.”\u003c/p>\n\u003cp>Dzierbun then stood up with the knife raised and charged at officers, who fired on him. Joseph said a sergeant with 19 years of experience and an officer with about four and a half years both fired their weapons.\u003c/p>\n\u003cp>Other officers were present with “less lethal” weapons, but Joseph said, “They weren’t able to try those options before [Dzierbun] forced the issue.” Officers arrived at the park around 3:31 p.m., and the shooting occurred about three minutes later, he said.\u003c/p>\n\u003cp>When officers reached the child, Joseph said the boy was already “clearly deceased,” and “suffered from injuries so severe that it’s unimaginable they could have been inflicted by his own father.”\u003c/p>\n\u003cp>Both officers are crisis intervention-trained and were wearing body cameras.\u003c/p>\n\u003cp>“The officers who responded that afternoon were running toward what they believed was a child desperately in need of help. They came intending to save a life, not to take one,” Joseph said.\u003c/p>\n\u003cp>“They had no way of knowing that this horrific and unfathomable act of violence had already led to the loss of an innocent child’s life before they even arrived. Now these officers have to carry a weight that was never theirs to bear, but one that was placed squarely on their shoulders by a man whose final act was as selfish as it was senseless,” he added.[aside postID=news_12047170 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/240424-SJPD-MD-01-KQED-1020x680.jpg']Joseph said Dzierbun doesn’t seem to have any documented mental health issues or criminal history in Alameda or Santa Clara counties.\u003c/p>\n\u003cp>However, he noted that Dzierbun “moved around the country quite a bit and so homicide detectives are trying to work to retrace his steps.”\u003c/p>\n\u003cp>The killing marks the second fatal police shooting in San José in a week. On July 6, officers fatally \u003ca href=\"https://www.kqed.org/news/12047170/heavily-armed-san-jose-man-fatally-shot-after-exchanging-fire-with-police-sjpd-says\">shot a man\u003c/a> in Almaden who, according to officials, was experiencing a mental health crisis and who shot at officers.\u003c/p>\n\u003cp>The department’s homicide unit is investigating Sunday’s shooting. Like all San José police shootings, it is also being investigated by the Santa Clara County District Attorney’s Office, and the case will be monitored administratively by the department’s internal affairs unit, the city attorney’s office and the office of the independent police auditor.\u003c/p>\n\u003cp>Joseph said the investigation is still in its early stages.\u003c/p>\n\u003cp>“What we know now may change as the investigation progresses,” he said. “There are some questions we may never know the answers to.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 4:40 p.m. Monday\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a> police say a man stabbed his own child to death in a North San José park on Sunday afternoon, then called 911 to report the killing before officers fatally shot him.\u003c/p>\n\u003cp>Police Chief Paul Joseph said during a Monday afternoon press conference that the man appears to have planned the act in an attempt to provoke officers to shoot him, which Joseph called “cowardly.”\u003c/p>\n\u003cp>Around 3:23 p.m. Sunday, Joseph said a man called 911 to report that someone had stabbed his 9-year-old son at Cataldi Park.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The caller was hysterical, stating the assailant was still on scene and gave a description of the suspect that officers later discovered exactly described the caller himself,” Joseph said.\u003c/p>\n\u003cp>When officers arrived, they saw Mateusz Dzierbun, 48, of Fremont, hunched over a bloody child on the ground, armed with a large knife, Joseph said.\u003c/p>\n\u003cfigure id=\"attachment_12048044\" class=\"wp-caption alignleft\" style=\"max-width: 1116px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12048044\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/Screenshot-2025-07-14-at-4.27.38-PM.jpg\" alt=\"\" width=\"1116\" height=\"1538\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/Screenshot-2025-07-14-at-4.27.38-PM.jpg 1116w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/Screenshot-2025-07-14-at-4.27.38-PM-160x221.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/Screenshot-2025-07-14-at-4.27.38-PM-1115x1536.jpg 1115w\" sizes=\"auto, (max-width: 1116px) 100vw, 1116px\">\u003cfigcaption class=\"wp-caption-text\">Mateusz Dzierbun, 48, of Fremont, in a photo posted on Dzierbun’s Instagram account in 2017. \u003ccite>(Instagram)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Joseph said officers “pleaded with the suspect to drop the knife,” but Dzierbun didn’t cooperate “and instead made several statements indicating he intended to be shot by the police.”\u003c/p>\n\u003cp>Dzierbun then stood up with the knife raised and charged at officers, who fired on him. Joseph said a sergeant with 19 years of experience and an officer with about four and a half years both fired their weapons.\u003c/p>\n\u003cp>Other officers were present with “less lethal” weapons, but Joseph said, “They weren’t able to try those options before [Dzierbun] forced the issue.” Officers arrived at the park around 3:31 p.m., and the shooting occurred about three minutes later, he said.\u003c/p>\n\u003cp>When officers reached the child, Joseph said the boy was already “clearly deceased,” and “suffered from injuries so severe that it’s unimaginable they could have been inflicted by his own father.”\u003c/p>\n\u003cp>Both officers are crisis intervention-trained and were wearing body cameras.\u003c/p>\n\u003cp>“The officers who responded that afternoon were running toward what they believed was a child desperately in need of help. They came intending to save a life, not to take one,” Joseph said.\u003c/p>\n\u003cp>“They had no way of knowing that this horrific and unfathomable act of violence had already led to the loss of an innocent child’s life before they even arrived. Now these officers have to carry a weight that was never theirs to bear, but one that was placed squarely on their shoulders by a man whose final act was as selfish as it was senseless,” he added.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Joseph said Dzierbun doesn’t seem to have any documented mental health issues or criminal history in Alameda or Santa Clara counties.\u003c/p>\n\u003cp>However, he noted that Dzierbun “moved around the country quite a bit and so homicide detectives are trying to work to retrace his steps.”\u003c/p>\n\u003cp>The killing marks the second fatal police shooting in San José in a week. On July 6, officers fatally \u003ca href=\"https://www.kqed.org/news/12047170/heavily-armed-san-jose-man-fatally-shot-after-exchanging-fire-with-police-sjpd-says\">shot a man\u003c/a> in Almaden who, according to officials, was experiencing a mental health crisis and who shot at officers.\u003c/p>\n\u003cp>The department’s homicide unit is investigating Sunday’s shooting. Like all San José police shootings, it is also being investigated by the Santa Clara County District Attorney’s Office, and the case will be monitored administratively by the department’s internal affairs unit, the city attorney’s office and the office of the independent police auditor.\u003c/p>\n\u003cp>Joseph said the investigation is still in its early stages.\u003c/p>\n\u003cp>“What we know now may change as the investigation progresses,” he said. “There are some questions we may never know the answers to.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A \u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a> police officer is facing felony charges of sexual assault against a minor stemming from more than a decade ago, when he served as a facilitator in a county program aimed at supporting parents of troubled teens.\u003c/p>\n\u003cp>Officer Saul Duran was arrested Monday and booked into Santa Clara County Main Jail, before being released after posting $250,000 bail, officials said.\u003c/p>\n\u003cp>Police Chief Paul Joseph said Duran’s alleged actions violate the immense trust the public must place in police officers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“No badge, no uniform, no title can shield you from answering for the crimes alleged and I will do everything in my power to ensure our ranks are free of anyone who breaks the law,” Joseph said during a press conference on Tuesday.\u003c/p>\n\u003cp>Joseph said two sisters contacted police in mid-June, who alleged they were sexually victimized by Duran when they were teenagers, between 2008 and 2012.\u003c/p>\n\u003cp>Investigators believe Duran met the two sisters, who were 14 and 15 years old at the time, when he was a facilitator with \u003ca href=\"https://www.sccoe.org/parent/Pages/Parent-Project.aspx\">The Parent Project\u003c/a>, a collaboration between the District Attorney’s Office, local law enforcement, schools and counseling agencies to support parents who are having difficulties with their children.[aside postID=news_12046733 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/07/250702-JOSEPHHUFFAKERTRIAL-02-BL-KQED.jpg']“He was perceived by their mother to be a positive influence for her family,” Joseph said. After gaining the family’s trust, he violated program policy by spending time with the sisters outside the program, with their mother’s knowledge, which is when the alleged misconduct occurred, Joseph said.\u003c/p>\n\u003cp>While Duran’s participation in the program was voluntary, he served in his “official capacity as a police officer,” Joseph noted.\u003c/p>\n\u003cp>Santa Clara County District Attorney Jeff Rosen said Duran is alleged to have assaulted both sisters at the time, but the extended statute of limitations allowed for charges based only on his actions against the younger sister.\u003c/p>\n\u003cp>Duran is charged with five counts of lewd and lascivious acts on a child who is 14 or 15 years old, Rosen said. \u003c/p>\n\u003cp>Rosen noted the alleged conduct with the older sister, and some alleged conduct when the younger sister later turned 18, “will be very relevant for a jury to hear.”\u003c/p>\n\u003cp>Rosen said Duran was fired from The Parent Project based on complaints that he was spending time with women and girls involved with the program outside of its normal hours. None of the complaints described actions that were “criminal in nature,” Rosen said, “but in hindsight, were concerning.”\u003c/p>\n\u003cp>Both Rosen and Joseph encouraged anyone else with similar stories to the sisters to come forward to police, even if they were afraid to do so.\u003c/p>\n\u003cp>“Afraid because the offender was a police officer because too much time had passed, or because they believed he would be protected by his fellow officers,” Joseph said. “Our actions today will hopefully show that there is no protection for any officer who is alleged to have committed such a serious crime or who has caused harm.”\u003c/p>\n\u003cp>Rosen defended The Parent Project as an “extremely successful program,” and said nothing like this has been reported before, but said his office is now reevaluating “how we vet and train the teachers of the program to try to make sure that nothing like this happens again.”\u003c/p>\n\u003cp>Joseph said he ordered an “immediate review of all policies and procedures for all specific programs involving minors.”\u003c/p>\n\u003cp>Under requirements from a state law passed in 2021, the department also forwarded information about the sexual misconduct investigation to the California Commission on Peace Officer Standards and Training, known as the POST Commission. The information could later be used in a process to decertify Duran, which would prohibit him from working as a police officer in the state.\u003c/p>\n\u003cp>Duran, who was placed on administrative leave by the police department about a week before his arrest, is next scheduled to appear in court on Aug. 7.\u003c/p>\n\u003cp>“I want to thank both of these young women for their courage. Without them, we would all still be in the dark,” Rosen said. “We will get justice for them and protect this community.”\u003c/p>\n\u003cp>\u003cem>The police department said anyone who wants to share information about this case or similar experiences should contact Detective Sergeant Kilmer #3723 or Detective Sergeant Sanchez #4126 of the SJPD Internal Affairs, Criminal Investigations Detail by email at 3723@sanjoseca.gov and/or 4126@sanjoseca.gov, or 408-277-4082. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a> police officer is facing felony charges of sexual assault against a minor stemming from more than a decade ago, when he served as a facilitator in a county program aimed at supporting parents of troubled teens.\u003c/p>\n\u003cp>Officer Saul Duran was arrested Monday and booked into Santa Clara County Main Jail, before being released after posting $250,000 bail, officials said.\u003c/p>\n\u003cp>Police Chief Paul Joseph said Duran’s alleged actions violate the immense trust the public must place in police officers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“He was perceived by their mother to be a positive influence for her family,” Joseph said. After gaining the family’s trust, he violated program policy by spending time with the sisters outside the program, with their mother’s knowledge, which is when the alleged misconduct occurred, Joseph said.\u003c/p>\n\u003cp>While Duran’s participation in the program was voluntary, he served in his “official capacity as a police officer,” Joseph noted.\u003c/p>\n\u003cp>Santa Clara County District Attorney Jeff Rosen said Duran is alleged to have assaulted both sisters at the time, but the extended statute of limitations allowed for charges based only on his actions against the younger sister.\u003c/p>\n\u003cp>Duran is charged with five counts of lewd and lascivious acts on a child who is 14 or 15 years old, Rosen said. \u003c/p>\n\u003cp>Rosen noted the alleged conduct with the older sister, and some alleged conduct when the younger sister later turned 18, “will be very relevant for a jury to hear.”\u003c/p>\n\u003cp>Rosen said Duran was fired from The Parent Project based on complaints that he was spending time with women and girls involved with the program outside of its normal hours. None of the complaints described actions that were “criminal in nature,” Rosen said, “but in hindsight, were concerning.”\u003c/p>\n\u003cp>Both Rosen and Joseph encouraged anyone else with similar stories to the sisters to come forward to police, even if they were afraid to do so.\u003c/p>\n\u003cp>“Afraid because the offender was a police officer because too much time had passed, or because they believed he would be protected by his fellow officers,” Joseph said. “Our actions today will hopefully show that there is no protection for any officer who is alleged to have committed such a serious crime or who has caused harm.”\u003c/p>\n\u003cp>Rosen defended The Parent Project as an “extremely successful program,” and said nothing like this has been reported before, but said his office is now reevaluating “how we vet and train the teachers of the program to try to make sure that nothing like this happens again.”\u003c/p>\n\u003cp>Joseph said he ordered an “immediate review of all policies and procedures for all specific programs involving minors.”\u003c/p>\n\u003cp>Under requirements from a state law passed in 2021, the department also forwarded information about the sexual misconduct investigation to the California Commission on Peace Officer Standards and Training, known as the POST Commission. The information could later be used in a process to decertify Duran, which would prohibit him from working as a police officer in the state.\u003c/p>\n\u003cp>Duran, who was placed on administrative leave by the police department about a week before his arrest, is next scheduled to appear in court on Aug. 7.\u003c/p>\n\u003cp>“I want to thank both of these young women for their courage. Without them, we would all still be in the dark,” Rosen said. “We will get justice for them and protect this community.”\u003c/p>\n\u003cp>\u003cem>The police department said anyone who wants to share information about this case or similar experiences should contact Detective Sergeant Kilmer #3723 or Detective Sergeant Sanchez #4126 of the SJPD Internal Affairs, Criminal Investigations Detail by email at 3723@sanjoseca.gov and/or 4126@sanjoseca.gov, or 408-277-4082. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "soon-refusing-shelter-in-san-jose-could-get-you-arrested",
"title": "Soon, Refusing Shelter in San José Could Get You Arrested",
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"headTitle": "Soon, Refusing Shelter in San José Could Get You Arrested | KQED",
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"content": "\u003cp>\u003cem>This episode contains explicit language.\u003c/em>\u003c/p>\n\u003cp>Next week, San Jose City Council will vote on a controversial plan that would threaten unhoused people with arrest if they refuse multiple offers of shelter. Mayor Matt Mahan says this approach could help open paths to treatment and increase support for more shelter construction. But Santa Clara County officials are skeptical.\u003c/p>\n\u003cp>\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/12042370/in-san-jose-a-controversial-choice-for-unhoused-shelter-or-arrest\">In San José, a Controversial Choice for Unhoused: Shelter or Arrest?\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/12042688/mahan-unveils-final-san-jose-budget-plan\">Mahan’s Final San José Budget Focused on Controversial Homelessness and Pay Plans\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>\u003ci>Some members of the KQED podcast team are represented by The Screen Actors Guild, American Federation of Television and Radio Artists. San Francisco Northern California Local.\u003c/i>\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC8586606765&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:01:05] I know you went to an encampment in San Jose. What did it look like and who did you meet when you were out there?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:01:13] So this is an encampment off of Cherry Avenue in South San Jose. It’s underneath Highway 85, kind of right on the banks of the Guadalupe River, and it’s behind this big Almaden Ranch shopping center.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:01:31] What really interested me about this encampment is right next to it, San Jose’s building a new tiny home community. And anyone who’s living in the encampament is getting offered kind of first dibs for moving into the site when it opens later this year. And so it raises the question of like, are people gonna take the offer? Why or why not? Since I first started visiting this camp, probably back in January, it has gotten in smaller and smaller. People have taken up offers of shelter, but some folks are still there.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:02:05] Have they said anything to you guys about giving you a spot there?\u003c/p>\n\u003cp>\u003cstrong>Butch Larson \u003c/strong>[00:02:09] No, they said it was backed already.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:02:11] Butch Larson and David Garcia are among them, and they’ve both been living at this camp near Cherry Avenue for years.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:02:19] Yeah, I mean, do they have any interest in the tiny homes being built, the stone throw away?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:02:26] They don’t. They like to do repairs. They have a lot of tools with them. They’re concerned that they won’t be able to bring the tools into the tiny homes.\u003c/p>\n\u003cp>\u003cstrong>Butch Larson \u003c/strong>[00:02:45] Yeah, they tried to give me a tiny home. That was bulls–t. Couldn’t have any visitors, most of all, right? Even in jail, you get visitors.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:02:52] They don’t really feel comfortable moving in. And I think, look, the tiny homes are pretty low barrier. They don’t do drug testing there. You can bring in pets, you can come in and out. But at the end of the day, comfort is a feeling and they don’t feel comfortable making that move.\u003c/p>\n\u003cp>\u003cstrong>Butch Larson \u003c/strong>[00:03:12] I’ve been telling everybody out here about how you’re the first person to go to jail over this s–t, and I’ve been out here the longest.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:03:17] And others I’ve talked to at the encampment feel differently. They want a spot in the interim housing, but there are some folks like, like Butch Larson and David Garcia who say, no, they’re not going to accept that offer.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:03:35] And it’s really that slice of folks who have come into focus for Mayor Matt Mahan in recent months, right? How has the city tried to answer this hesitation that we’re seeing from people like Butch and David to accept these sort of interim shelter offers?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:03:57] Yeah, it’s been a balance of kind of carrots and sticks. Like I said, you know, there’s this outreach and the people who are encamped immediately around these shelter sites are getting first priority. But they’re also setting up the city as a no encampment zone around the shelter sites. So ultimately these are the encampments that are going to be cleared first. And it’s really what’s at the center of this policy that the mayor is rolling out now, this responsibility to shelter policy.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:04:25] I’ve come to believe that it is ineffective, politically infeasible, and frankly, cruel to those suffering from addiction and mental illness to only focus on the people who want help.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:04:37] He’s saying once we offer people shelter, heated times, multiple times, and they’re still turning it down, that’s when we’re gonna bring in the police to potentially make arrests.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:04:48] I actually think the person who’s saying, no, I don’t want to come indoors, I don’t wanna help, I’d rather move down the block to the next neighborhood than come indoors is a real problem. Those are the folks who most need our help.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:05:01] And this is sort of a way of like forcing people’s hands to accept this interim shelter, right? Why this approach? Why the threat of arrest?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:05:11] Yeah, I think he sees it as kind of a middle path between letting encampments proliferate in the city, but then also not the approach pursued by other Bay Area cities like Fremont, for example, or elsewhere in California, like in Fresno, cities that have banned camping without offering housing.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:05:29] We don’t want to be cruel. The goal here is not to send anyone to jail, nor will that be the outcome of enforcing responsibility to shelter. The only point is when we’re doing everything we can and asking our community to invest millions, and ultimately, actually, it’s been billions of dollars statewide to end homelessness, people have got to, at a minimum, agree to come indoors.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:05:49] Mahan has tried to pitch responsibility to shelter. It’s like a middle ground between that. They’re gonna clear encampments, but they’re always gonna proceed that with an offer of shelter.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:05:59] I mean, which kind of raises the question, does San Jose have enough shelter to offer?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:06:05] It doesn’t. There’s a city report that was out on this earlier this year that I think has a few really pertinent statistics. One is just the raw number of people experiencing unsheltered homelessness, which this report pegged at 5,477 people in San Jose. When you combine city shelter, interim housing, county shelter, there’s probably a little more than 3,000 units. There is not enough shelter for every person who is experiencing unsheltered homelessness. The second data point that I think is relevant here is how many people are actually resisting shelter and services. And this report says in San Jose, that’s around 10% of people who are experiencing unsheltered homelessness. Now, it’s a moving number, right? At some encampments, you’ll have a 20% of people say no, or 30, but I think this is really at the heart of the discussion here. And it’s difficult number to pin down because these are humans. There was a guy I talked to at the Cherry Ave encampment who said, you know, he’s been battling depression and an outreach worker came to him, offered a spot in interim housing, and he turned it down. And he said, I’ve regretted that ever since. Like I was just having a really bad day. And I told that person, I’m not interested, go away. And ever since then, I’ve been regretting that. And if they came back, I would say yes. So it’s a really difficult statistic to pin down, but I think it’s at the heart of this question of, how many people are actually refusing shelter and would be impacted by this initiative?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:07:42] Right, and I feel like what’s interesting is that this policy that city council is voting on really puts to the center of the photo, I feel, like of what’s happening here. The people who aren’t accepting shelter, when it seems like there’s, I mean, there’s a demand issue, but also a supply issue here. If the stated goal is to try and compel unhoused people to accept help. Say you are arrested. I mean, what would happen to you next under this plan in an ideal world?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:08:17] Depends on whose ideal world, but I would say like the way the mayor has crafted this is once, you know, someone is arrested. The city’s plan is to take that person to this mission street recovery station. It’s a 24 hour drop off site. It’s run by the county for people who are having like a mental health crisis or honestly just for people to sober up. But there’s no agreement for that right now. So as of now, San Jose police would take this person experiencing homelessness to the county jail. Give them a citation, and then the sheriff’s office says they’ll be released right there. They’re not going to lock people up for this. Then this person would, you know, come back to court for their arraignment or for their first court appearance. You’d have someone from the San Jose City Attorney’s Office asking the judge, hey, can we place this person in a diversion court, court order treatment? You’d the public defender there, maybe they’re pushing back against the terms of a treatment plan or asking for the case to be dismissed. But if the person does make it that far, they’re gonna be in this rigorous behavioral health court. And I actually spent some time in one of those courts this week. And you know, clients there, they’re getting support from a judge, they’re get support from caseworker, but they have to show up to their appointments, to their counseling, and they have these constant check-ins with the judge to make sure that’s happening.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:09:44] And there’s some people who don’t see that as a very realistic scenario, right?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:09:50] Yeah, that’s absolutely right. I mean, first of all, I think we should just predicate this with like, not everyone who’s refusing shelter has a behavioral health issue. If people are being routed in that direction, is that even going to capture the needs of everybody who is refusing shelter? I heard some skepticism on that front. There’s a lot of skepticism among people who work in county government. And ultimately, once someone is arrested by San Jose police, they’re then transferred over to the hands of the county government.\u003c/p>\n\u003cp>\u003cstrong>Damon Silver \u003c/strong>[00:10:19] I am quite kind of skeptical of the use of the criminal legal system to address the homelessness problem our community is kind of wrestling with.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:10:29] When I talked to, for example, the acting public defender in Santa Clara County, Damon Silver, he said, you know, after that person is arrested, taken to the jail, and then immediately released, he basically said, like, it’s wildly optimistic to expect them to then show up to even their first court hearing.\u003c/p>\n\u003cp>\u003cstrong>Damon Silver \u003c/strong>[00:10:46] They’re struggling to survive. For us to expect that they’re likely going to be able to manage both the transportation, the monitoring of when their court date is, and then successfully arriving at court, I think we’re going to anticipate a large failure to appear rate.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:11:03] And then if they don’t show up, the judge can say, no more citations, this person needs to be brought into custody. So then that does increases the chances that someone will spend time in jail.\u003c/p>\n\u003cp>\u003cstrong>Damon Silver \u003c/strong>[00:11:12] So what you create is this kind of negative cycle of arrest, re-arrest, detention, loss of property, loss of connection, and then all the resources it’s consuming to do that.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:11:30] Fundamentally, everyone I talked to who’s involved in this behavioral health treatment program said, if you don’t have housing, your treatment is not going to work. And Damon Silver, the public defender, says the county just doesn’t have enough of that housing for treatment right now.\u003c/p>\n\u003cp>\u003cstrong>Damon Silver \u003c/strong>[00:11:47] It will ultimately, in our opinion, result in a lot more harm and be counterproductive to the goals, which is, in essence, get people out of homelessness, than achieve what the stated goal is.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:12:03] Coming up, why Mayor Matt Mahan thinks this policy will help unlock the rest of his homelessness agenda. Stay with us.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:12:20] How am I supposed to make sense of all of this, Guy? I mean, if this policy that the city council is voting on next week is really about compelling people to accept help, but there’s actually not even enough help to offer, I mean what really is the goal here then?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:12:41] Yeah, I mean, I would lay out two other big pieces of this that I think is kind of through the lens that the mayor is thinking of it. One is to use these arrests to force action by the county government, to push judges to order people into mental health or substance use treatment, to push the county, the board of supervisors to build more housing for people who are going through treatment. I think Mahan sees like, look, the city is spending a lot of money and doing a lot to stand up these shelters. And for the people who are not accepting those, he wants the county to take on a greater role to provide that kind of housing. So part of this is a forcing function.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:13:19] I don’t control what happens on the county side, and much of that is determined by the state. Counties are essentially subsidiaries of the state, but I’m not going to be silent on what’s needed there either.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:13:31] The other I would say is political. It’s been hard historically to get neighborhoods to accept homeless housing. It’s a big part of Mahan’s time as mayor to try to do that, to try and expand the shelter system, the interim housing system in San Jose.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:13:47] The deal we’re making with the community is, if you allow us to build these solutions with your tax dollars, you are going to see a meaningful improvement. In fact, in the vicinity of the site, we’re going to end the era of encampments.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:14:01] And he’s saying if we spend the money and we open this interim housing and there’s still an encampment right outside of the interim housing, there’s no way that people are gonna continue to support these shelter sites being built in their neighborhoods. So that political piece I think is also key.\u003c/p>\n\u003cp>\u003cstrong>Issa Ajlouny \u003c/strong>[00:14:17] When you get that kind of thing that comes in your neighborhood, you say, what’s going on? But okay, they said they’re gonna spread it out through the rest of the city. Here we go, what, five years later, we have 50% of the tiny homes and the safe parking.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:14:30] One of the people I think has a real stake in this is this guy Issa Ajilouny. He lives in a South San Jose neighborhood that has taken on a lot of the shelter sites, a good proportion of the sites that the city has set up.\u003c/p>\n\u003cp>\u003cstrong>Issa Ajlouny \u003c/strong>[00:14:44] We want to be treated well and we don’t appreciate when they’re moving people in and then they’re taking from the community.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:14:49] Issa Ajlouny is the head of this local committee that was set up to kind of be a go between from the city to the neighborhoods around these shelter sites. And Issa says since the site has opened, you know, he does hear complaints from neighbors about there’s still encampments around or we’re hearing issues from going on at the\u003c/p>\n\u003cp>\u003cstrong>Issa Ajlouny \u003c/strong>[00:15:10] I’m trying to be the person that says, hey, neighborhood, we need to be good neighbors to them and try to help them. But in turn, we needed to be treated as good neighbors.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:15:23] He feels like neighbors are not completely satisfied with how things have gone since the site has opened. And in his opinion, it’s really incumbent upon the city to, in his words, like throw them a bone. And so he supports the mayor’s plan to kind of step up enforcement.\u003c/p>\n\u003cp>\u003cstrong>Issa Ajlouny \u003c/strong>[00:15:43] I’m one of those that feel like it’s okay to push someone a little bit to get help. Just like we do with our kids, we push them a little, we discipline them to help them grow up in the right way.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:15:56] The final vote on this policy is coming soon. Obviously, Matt Mahan is for it. What would need to happen next? And who else has come out in support?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:16:08] Yeah, so the final vote is Tuesday, alongside the San Jose city budget. And in addition to his allies in the council, Mahan also has gotten the support of the police union in San Jose, the fire union in Santa Jose, and their leaders have argued that, you know, clearing encampments, getting people into the care of the county is gonna ease the burden on the work that kind of their officers have to do.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:16:32] And who’s come out against this proposal?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:16:35] So you have some progressives on the city council who are opposed, and really, all of the county government leadership has been the biggest opponents of this plan. From the board of supervisors, then you have the sheriff, the district attorney, the county executive, they’ve all weighed in with criticism of Mahan’s plan, basically saying it’s not gonna be workable. They don’t feel like this is, A, the best use of law enforcement resources to have, you know, be arresting people, bringing them into the jail. Um, and they pointed back to the fact that the shortage of housing is ultimately going to be a factor that’s going to, you know, hurt any, any kind of effort. And nothing is going to successful until you have more housing.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:17:18] I mean, what am I supposed to make of that Guy? The fact that the city and county officials are really split on whether this is the best and most effective way to address homelessness. I mean it kind of feels like a little bit of hot potato going on here.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:17:35] Yes, I mean, part of it is political, like on the council, you have a moderate more kind of business aligned majority led by mayhem. On the board of supervisors, it’s more of a progressive labor supportive majority. But I think also you have the fact that the homelessness crisis has blurred the traditional lines of responsibility between city government and county government. Historically it’s city deals with housing, county deals with health and human services. But this crisis clearly is an overlap between those two areas and so it’s jarring when you have, in this case, the city and county government at such loggerheads. Whether or not those two groups can work together and work it out, I think is gonna kind of play a key role in the success of this initiative and also future initiatives that overlap between housing and behavioral health.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:18:31] And I mean, Guy, if this passes, how would we know if it’s working?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:18:37] I asked Mahan about this, like, what would success look like for responsibility to shelter? And he said, you know, getting everyone indoors is the goal, but specifically for people who are turning down shelter, getting them into treatment.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:18:50] If we intervene earlier and get people connected to appropriate services, we have a much better shot at helping them turn their lives around and better manage an addiction or a mental illness.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:19:03] As we explored, that’s a complicated path. Will that happen? We’ll have to see. And then on the second piece of the political support for future interim housing, we’ll have see whether this can help the shelter program expand. If clearing encampments and showing to neighborhoods that have accepted shelter, that their neighborhood is gonna look a lot different and better after this plan goes into place, will that help the city expand interim housing into other areas? Does this help Mahan go to the whole West side of the city, which has no shelter and say, look, here’s my pitch for why you should accept it. Because I also think the other side of that coin is the people who live near shelters right now do feel like they’re taking on an outsized burden as far as having interim housing in their neighborhood. And if those projects and those facilities are spread out more throughout the city maybe you won’t have as much of a dynamic of residents feeling like I need something in return. For accepting this interim housing nearby.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:20:03] I mean, it does seem worth pointing out that some of those metrics, like whether a neighborhood is open to shelter or whether someone who’s living on the streets eventually gets into more sort of permanent, stable housing, those are still going to take a lot of time, even if maybe someone is, in the immediate term, swept off of the streets and into jail for a little bit.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:20:33] Yeah, and like treatment, you know, the judge at the treatment court said like, this is not a linear process, there’s going to be ups and downs and, you know, people missing counseling and then coming back or maybe being arrested again. So that that part of it certainly is a long process. Even the encampment clearing is not just a one-off thing. You’ve seen the examples we have in San Jose where there have been RVs or encampments cleared is that oftentimes, yes, the immediate area where the clearing happens looks a lot different, but then a mile away, a few blocks away, then the encambment moves over there, the RVs move over there. So I don’t think anyone is under the illusion that this is gonna be like an overnight fix.\u003c/p>\n\n",
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"title": "Soon, Refusing Shelter in San José Could Get You Arrested | KQED",
"description": "This episode contains explicit language. Next week, San Jose City Council will vote on a controversial plan that would threaten unhoused people with arrest if they refuse multiple offers of shelter. Mayor Matt Mahan says this approach could help open paths to treatment and increase support for more shelter construction. But Santa Clara County officials are skeptical. Links: In San José, a Controversial Choice for Unhoused: Shelter or Arrest? Mahan's Final San José Budget Focused on Controversial Homelessness and Pay Plans Some members of the KQED podcast team are represented by The Screen Actors Guild, American Federation of Television and",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This episode contains explicit language.\u003c/em>\u003c/p>\n\u003cp>Next week, San Jose City Council will vote on a controversial plan that would threaten unhoused people with arrest if they refuse multiple offers of shelter. Mayor Matt Mahan says this approach could help open paths to treatment and increase support for more shelter construction. But Santa Clara County officials are skeptical.\u003c/p>\n\u003cp>\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/12042370/in-san-jose-a-controversial-choice-for-unhoused-shelter-or-arrest\">In San José, a Controversial Choice for Unhoused: Shelter or Arrest?\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/12042688/mahan-unveils-final-san-jose-budget-plan\">Mahan’s Final San José Budget Focused on Controversial Homelessness and Pay Plans\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>\u003ci>Some members of the KQED podcast team are represented by The Screen Actors Guild, American Federation of Television and Radio Artists. San Francisco Northern California Local.\u003c/i>\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC8586606765&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:01:05] I know you went to an encampment in San Jose. What did it look like and who did you meet when you were out there?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:01:13] So this is an encampment off of Cherry Avenue in South San Jose. It’s underneath Highway 85, kind of right on the banks of the Guadalupe River, and it’s behind this big Almaden Ranch shopping center.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:01:31] What really interested me about this encampment is right next to it, San Jose’s building a new tiny home community. And anyone who’s living in the encampament is getting offered kind of first dibs for moving into the site when it opens later this year. And so it raises the question of like, are people gonna take the offer? Why or why not? Since I first started visiting this camp, probably back in January, it has gotten in smaller and smaller. People have taken up offers of shelter, but some folks are still there.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:02:05] Have they said anything to you guys about giving you a spot there?\u003c/p>\n\u003cp>\u003cstrong>Butch Larson \u003c/strong>[00:02:09] No, they said it was backed already.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:02:11] Butch Larson and David Garcia are among them, and they’ve both been living at this camp near Cherry Avenue for years.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:02:19] Yeah, I mean, do they have any interest in the tiny homes being built, the stone throw away?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:02:26] They don’t. They like to do repairs. They have a lot of tools with them. They’re concerned that they won’t be able to bring the tools into the tiny homes.\u003c/p>\n\u003cp>\u003cstrong>Butch Larson \u003c/strong>[00:02:45] Yeah, they tried to give me a tiny home. That was bulls–t. Couldn’t have any visitors, most of all, right? Even in jail, you get visitors.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:02:52] They don’t really feel comfortable moving in. And I think, look, the tiny homes are pretty low barrier. They don’t do drug testing there. You can bring in pets, you can come in and out. But at the end of the day, comfort is a feeling and they don’t feel comfortable making that move.\u003c/p>\n\u003cp>\u003cstrong>Butch Larson \u003c/strong>[00:03:12] I’ve been telling everybody out here about how you’re the first person to go to jail over this s–t, and I’ve been out here the longest.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:03:17] And others I’ve talked to at the encampment feel differently. They want a spot in the interim housing, but there are some folks like, like Butch Larson and David Garcia who say, no, they’re not going to accept that offer.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:03:35] And it’s really that slice of folks who have come into focus for Mayor Matt Mahan in recent months, right? How has the city tried to answer this hesitation that we’re seeing from people like Butch and David to accept these sort of interim shelter offers?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:03:57] Yeah, it’s been a balance of kind of carrots and sticks. Like I said, you know, there’s this outreach and the people who are encamped immediately around these shelter sites are getting first priority. But they’re also setting up the city as a no encampment zone around the shelter sites. So ultimately these are the encampments that are going to be cleared first. And it’s really what’s at the center of this policy that the mayor is rolling out now, this responsibility to shelter policy.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:04:25] I’ve come to believe that it is ineffective, politically infeasible, and frankly, cruel to those suffering from addiction and mental illness to only focus on the people who want help.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:04:37] He’s saying once we offer people shelter, heated times, multiple times, and they’re still turning it down, that’s when we’re gonna bring in the police to potentially make arrests.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:04:48] I actually think the person who’s saying, no, I don’t want to come indoors, I don’t wanna help, I’d rather move down the block to the next neighborhood than come indoors is a real problem. Those are the folks who most need our help.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:05:01] And this is sort of a way of like forcing people’s hands to accept this interim shelter, right? Why this approach? Why the threat of arrest?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:05:11] Yeah, I think he sees it as kind of a middle path between letting encampments proliferate in the city, but then also not the approach pursued by other Bay Area cities like Fremont, for example, or elsewhere in California, like in Fresno, cities that have banned camping without offering housing.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:05:29] We don’t want to be cruel. The goal here is not to send anyone to jail, nor will that be the outcome of enforcing responsibility to shelter. The only point is when we’re doing everything we can and asking our community to invest millions, and ultimately, actually, it’s been billions of dollars statewide to end homelessness, people have got to, at a minimum, agree to come indoors.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:05:49] Mahan has tried to pitch responsibility to shelter. It’s like a middle ground between that. They’re gonna clear encampments, but they’re always gonna proceed that with an offer of shelter.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:05:59] I mean, which kind of raises the question, does San Jose have enough shelter to offer?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:06:05] It doesn’t. There’s a city report that was out on this earlier this year that I think has a few really pertinent statistics. One is just the raw number of people experiencing unsheltered homelessness, which this report pegged at 5,477 people in San Jose. When you combine city shelter, interim housing, county shelter, there’s probably a little more than 3,000 units. There is not enough shelter for every person who is experiencing unsheltered homelessness. The second data point that I think is relevant here is how many people are actually resisting shelter and services. And this report says in San Jose, that’s around 10% of people who are experiencing unsheltered homelessness. Now, it’s a moving number, right? At some encampments, you’ll have a 20% of people say no, or 30, but I think this is really at the heart of the discussion here. And it’s difficult number to pin down because these are humans. There was a guy I talked to at the Cherry Ave encampment who said, you know, he’s been battling depression and an outreach worker came to him, offered a spot in interim housing, and he turned it down. And he said, I’ve regretted that ever since. Like I was just having a really bad day. And I told that person, I’m not interested, go away. And ever since then, I’ve been regretting that. And if they came back, I would say yes. So it’s a really difficult statistic to pin down, but I think it’s at the heart of this question of, how many people are actually refusing shelter and would be impacted by this initiative?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:07:42] Right, and I feel like what’s interesting is that this policy that city council is voting on really puts to the center of the photo, I feel, like of what’s happening here. The people who aren’t accepting shelter, when it seems like there’s, I mean, there’s a demand issue, but also a supply issue here. If the stated goal is to try and compel unhoused people to accept help. Say you are arrested. I mean, what would happen to you next under this plan in an ideal world?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:08:17] Depends on whose ideal world, but I would say like the way the mayor has crafted this is once, you know, someone is arrested. The city’s plan is to take that person to this mission street recovery station. It’s a 24 hour drop off site. It’s run by the county for people who are having like a mental health crisis or honestly just for people to sober up. But there’s no agreement for that right now. So as of now, San Jose police would take this person experiencing homelessness to the county jail. Give them a citation, and then the sheriff’s office says they’ll be released right there. They’re not going to lock people up for this. Then this person would, you know, come back to court for their arraignment or for their first court appearance. You’d have someone from the San Jose City Attorney’s Office asking the judge, hey, can we place this person in a diversion court, court order treatment? You’d the public defender there, maybe they’re pushing back against the terms of a treatment plan or asking for the case to be dismissed. But if the person does make it that far, they’re gonna be in this rigorous behavioral health court. And I actually spent some time in one of those courts this week. And you know, clients there, they’re getting support from a judge, they’re get support from caseworker, but they have to show up to their appointments, to their counseling, and they have these constant check-ins with the judge to make sure that’s happening.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:09:44] And there’s some people who don’t see that as a very realistic scenario, right?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:09:50] Yeah, that’s absolutely right. I mean, first of all, I think we should just predicate this with like, not everyone who’s refusing shelter has a behavioral health issue. If people are being routed in that direction, is that even going to capture the needs of everybody who is refusing shelter? I heard some skepticism on that front. There’s a lot of skepticism among people who work in county government. And ultimately, once someone is arrested by San Jose police, they’re then transferred over to the hands of the county government.\u003c/p>\n\u003cp>\u003cstrong>Damon Silver \u003c/strong>[00:10:19] I am quite kind of skeptical of the use of the criminal legal system to address the homelessness problem our community is kind of wrestling with.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:10:29] When I talked to, for example, the acting public defender in Santa Clara County, Damon Silver, he said, you know, after that person is arrested, taken to the jail, and then immediately released, he basically said, like, it’s wildly optimistic to expect them to then show up to even their first court hearing.\u003c/p>\n\u003cp>\u003cstrong>Damon Silver \u003c/strong>[00:10:46] They’re struggling to survive. For us to expect that they’re likely going to be able to manage both the transportation, the monitoring of when their court date is, and then successfully arriving at court, I think we’re going to anticipate a large failure to appear rate.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:11:03] And then if they don’t show up, the judge can say, no more citations, this person needs to be brought into custody. So then that does increases the chances that someone will spend time in jail.\u003c/p>\n\u003cp>\u003cstrong>Damon Silver \u003c/strong>[00:11:12] So what you create is this kind of negative cycle of arrest, re-arrest, detention, loss of property, loss of connection, and then all the resources it’s consuming to do that.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:11:30] Fundamentally, everyone I talked to who’s involved in this behavioral health treatment program said, if you don’t have housing, your treatment is not going to work. And Damon Silver, the public defender, says the county just doesn’t have enough of that housing for treatment right now.\u003c/p>\n\u003cp>\u003cstrong>Damon Silver \u003c/strong>[00:11:47] It will ultimately, in our opinion, result in a lot more harm and be counterproductive to the goals, which is, in essence, get people out of homelessness, than achieve what the stated goal is.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:12:03] Coming up, why Mayor Matt Mahan thinks this policy will help unlock the rest of his homelessness agenda. Stay with us.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:12:20] How am I supposed to make sense of all of this, Guy? I mean, if this policy that the city council is voting on next week is really about compelling people to accept help, but there’s actually not even enough help to offer, I mean what really is the goal here then?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:12:41] Yeah, I mean, I would lay out two other big pieces of this that I think is kind of through the lens that the mayor is thinking of it. One is to use these arrests to force action by the county government, to push judges to order people into mental health or substance use treatment, to push the county, the board of supervisors to build more housing for people who are going through treatment. I think Mahan sees like, look, the city is spending a lot of money and doing a lot to stand up these shelters. And for the people who are not accepting those, he wants the county to take on a greater role to provide that kind of housing. So part of this is a forcing function.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:13:19] I don’t control what happens on the county side, and much of that is determined by the state. Counties are essentially subsidiaries of the state, but I’m not going to be silent on what’s needed there either.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:13:31] The other I would say is political. It’s been hard historically to get neighborhoods to accept homeless housing. It’s a big part of Mahan’s time as mayor to try to do that, to try and expand the shelter system, the interim housing system in San Jose.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:13:47] The deal we’re making with the community is, if you allow us to build these solutions with your tax dollars, you are going to see a meaningful improvement. In fact, in the vicinity of the site, we’re going to end the era of encampments.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:14:01] And he’s saying if we spend the money and we open this interim housing and there’s still an encampment right outside of the interim housing, there’s no way that people are gonna continue to support these shelter sites being built in their neighborhoods. So that political piece I think is also key.\u003c/p>\n\u003cp>\u003cstrong>Issa Ajlouny \u003c/strong>[00:14:17] When you get that kind of thing that comes in your neighborhood, you say, what’s going on? But okay, they said they’re gonna spread it out through the rest of the city. Here we go, what, five years later, we have 50% of the tiny homes and the safe parking.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:14:30] One of the people I think has a real stake in this is this guy Issa Ajilouny. He lives in a South San Jose neighborhood that has taken on a lot of the shelter sites, a good proportion of the sites that the city has set up.\u003c/p>\n\u003cp>\u003cstrong>Issa Ajlouny \u003c/strong>[00:14:44] We want to be treated well and we don’t appreciate when they’re moving people in and then they’re taking from the community.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:14:49] Issa Ajlouny is the head of this local committee that was set up to kind of be a go between from the city to the neighborhoods around these shelter sites. And Issa says since the site has opened, you know, he does hear complaints from neighbors about there’s still encampments around or we’re hearing issues from going on at the\u003c/p>\n\u003cp>\u003cstrong>Issa Ajlouny \u003c/strong>[00:15:10] I’m trying to be the person that says, hey, neighborhood, we need to be good neighbors to them and try to help them. But in turn, we needed to be treated as good neighbors.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:15:23] He feels like neighbors are not completely satisfied with how things have gone since the site has opened. And in his opinion, it’s really incumbent upon the city to, in his words, like throw them a bone. And so he supports the mayor’s plan to kind of step up enforcement.\u003c/p>\n\u003cp>\u003cstrong>Issa Ajlouny \u003c/strong>[00:15:43] I’m one of those that feel like it’s okay to push someone a little bit to get help. Just like we do with our kids, we push them a little, we discipline them to help them grow up in the right way.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:15:56] The final vote on this policy is coming soon. Obviously, Matt Mahan is for it. What would need to happen next? And who else has come out in support?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:16:08] Yeah, so the final vote is Tuesday, alongside the San Jose city budget. And in addition to his allies in the council, Mahan also has gotten the support of the police union in San Jose, the fire union in Santa Jose, and their leaders have argued that, you know, clearing encampments, getting people into the care of the county is gonna ease the burden on the work that kind of their officers have to do.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:16:32] And who’s come out against this proposal?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:16:35] So you have some progressives on the city council who are opposed, and really, all of the county government leadership has been the biggest opponents of this plan. From the board of supervisors, then you have the sheriff, the district attorney, the county executive, they’ve all weighed in with criticism of Mahan’s plan, basically saying it’s not gonna be workable. They don’t feel like this is, A, the best use of law enforcement resources to have, you know, be arresting people, bringing them into the jail. Um, and they pointed back to the fact that the shortage of housing is ultimately going to be a factor that’s going to, you know, hurt any, any kind of effort. And nothing is going to successful until you have more housing.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:17:18] I mean, what am I supposed to make of that Guy? The fact that the city and county officials are really split on whether this is the best and most effective way to address homelessness. I mean it kind of feels like a little bit of hot potato going on here.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:17:35] Yes, I mean, part of it is political, like on the council, you have a moderate more kind of business aligned majority led by mayhem. On the board of supervisors, it’s more of a progressive labor supportive majority. But I think also you have the fact that the homelessness crisis has blurred the traditional lines of responsibility between city government and county government. Historically it’s city deals with housing, county deals with health and human services. But this crisis clearly is an overlap between those two areas and so it’s jarring when you have, in this case, the city and county government at such loggerheads. Whether or not those two groups can work together and work it out, I think is gonna kind of play a key role in the success of this initiative and also future initiatives that overlap between housing and behavioral health.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:18:31] And I mean, Guy, if this passes, how would we know if it’s working?\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:18:37] I asked Mahan about this, like, what would success look like for responsibility to shelter? And he said, you know, getting everyone indoors is the goal, but specifically for people who are turning down shelter, getting them into treatment.\u003c/p>\n\u003cp>\u003cstrong>Matt Mahan \u003c/strong>[00:18:50] If we intervene earlier and get people connected to appropriate services, we have a much better shot at helping them turn their lives around and better manage an addiction or a mental illness.\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:19:03] As we explored, that’s a complicated path. Will that happen? We’ll have to see. And then on the second piece of the political support for future interim housing, we’ll have see whether this can help the shelter program expand. If clearing encampments and showing to neighborhoods that have accepted shelter, that their neighborhood is gonna look a lot different and better after this plan goes into place, will that help the city expand interim housing into other areas? Does this help Mahan go to the whole West side of the city, which has no shelter and say, look, here’s my pitch for why you should accept it. Because I also think the other side of that coin is the people who live near shelters right now do feel like they’re taking on an outsized burden as far as having interim housing in their neighborhood. And if those projects and those facilities are spread out more throughout the city maybe you won’t have as much of a dynamic of residents feeling like I need something in return. For accepting this interim housing nearby.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra \u003c/strong>[00:20:03] I mean, it does seem worth pointing out that some of those metrics, like whether a neighborhood is open to shelter or whether someone who’s living on the streets eventually gets into more sort of permanent, stable housing, those are still going to take a lot of time, even if maybe someone is, in the immediate term, swept off of the streets and into jail for a little bit.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Guy Marzorati \u003c/strong>[00:20:33] Yeah, and like treatment, you know, the judge at the treatment court said like, this is not a linear process, there’s going to be ups and downs and, you know, people missing counseling and then coming back or maybe being arrested again. So that that part of it certainly is a long process. Even the encampment clearing is not just a one-off thing. You’ve seen the examples we have in San Jose where there have been RVs or encampments cleared is that oftentimes, yes, the immediate area where the clearing happens looks a lot different, but then a mile away, a few blocks away, then the encambment moves over there, the RVs move over there. So I don’t think anyone is under the illusion that this is gonna be like an overnight fix.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The San José City Council began negotiations to balance the city budget at an informational hearing on Tuesday amid financial headwinds and political uncertainty over federal funding brought on by the Trump administration.\u003c/p>\n\u003cp>The meeting offered an early look at spending priorities for the mayor and city council members as they began deliberations on the city’s budget for the 2025–26 fiscal year. City leaders will need to close a projected $60 million shortfall in the budget — \u003ca href=\"https://www.kqed.org/news/12018688/oakland-broad-cuts-public-safety-city-agencies-amid-massive-deficit\">a modest deficit compared to the fiscal woes of other large\u003c/a> Bay Area cities.\u003c/p>\n\u003cp>“We’ve got some relatively weak revenue growth, and we still have costs that are continuing to increase at the same pace,” said Jim Shannon, the city’s budget director.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Declining sales tax revenue, in particular, has had an impact on city coffers. Shannon said an initial burst of local consumer spending after the COVID-19 lockdowns has petered out. Sales tax receipts in the first quarter of the current fiscal year, from July through September, were down 10% from the previous year.\u003c/p>\n\u003cp>Among the rising costs are the city’s investments in short-term housing and shelter to reduce street homelessness, \u003ca href=\"https://www.kqed.org/news/11979482/san-jose-mayor-matt-mahan-calls-for-urgent-action-on-homelessness-in-city-budget-plan\">a top priority for Mayor Matt Mahan\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_12026833\" class=\"wp-caption alignnone\" style=\"max-width: 1999px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSE%CC%81-SURVEILLANCE-CAMERAS-MD-02_qed.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12026833\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSE%CC%81-SURVEILLANCE-CAMERAS-MD-02_qed.jpg\" alt=\"\" width=\"1999\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed.jpg 1999w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 1999px) 100vw, 1999px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San José City Councilmember Domingo Candelas speaks at a press event in Lion Plaza in San José on Oct. 29, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mahan \u003ca href=\"https://www.kqed.org/news/12026437/san-jose-mayor-proposes-permanent-shift-homeless-funding-from-housing-shelter\">has proposed paying for some of the interim housing costs by using voter-approved money currently slated \u003c/a>to build affordable housing — a move that would shave the budget shortfall from $60 million to $21 million.\u003c/p>\n\u003cp>Shannon said without changes to Measure E spending, up to 180 positions would need to be eliminated.\u003c/p>\n\u003cp>Riley Knight, an environmental services specialist who has worked for the city for eight years, urged the council to avoid cuts to municipal jobs.\u003c/p>\n\u003cp>“As a city worker, I’ve seen all too many times scenarios in which we are the last to be fully staffed and the first to be cut,” Knight said.\u003c/p>\n\u003cp>San José’s budget problem is much less severe than the Bay Area’s other large cities.\u003c/p>\n\u003cp>[aside postID=news_12017244 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/04052023_downtownoaklandreactivation-181_qed.jpg']\u003c/p>\n\u003cp>Oakland is facing a $280 million shortfall in its upcoming two-year budget cycle that begins on July 1, while San Francisco — which operates a larger budget as a city and a county — has a $876 million deficit over that same window.\u003c/p>\n\u003cp>Deep cuts in the wake of the Great Recession have left San José with minimal staff compared to neighboring big cities, with seven city positions for every 1,000 residents, compared to roughly 11 per 1,000 residents in Oakland.\u003c/p>\n\u003cp>“We’re already at a pretty limited capacity,” Shannon said. “Even the small reductions are sort of hard to come by because we don’t have a lot of room left in the budget without really impacting services.”\u003c/p>\n\u003cp>Recent moves from the Trump administration to expand immigration enforcement have created additional uncertainty in the budget process.\u003c/p>\n\u003cp>Councilmembers Peter Ortiz and Domingo Candelas said threats of immigration raids have frightened residents and depressed shopping in their Eastside districts. They called for the city to invest more money in Santa Clara County’s Rapid Response Network, a service that provides legal assistance to residents facing deportation.\u003c/p>\n\u003cp>“Many of our immigrant communities face significant disruption in this national political moment,” Ortiz said. “As a city, we already caught a glimpse of that kind of disruption, and we fear that if this takes hold in our community, we will never be able to reach them with the services that they desire.”\u003c/p>\n\u003cp>Mahan will submit his initial spending proposal in early March, kicking off months of debate and public meetings on the budget before the council approves a final plan in June.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San José City Council began negotiations to balance the city budget at an informational hearing on Tuesday amid financial headwinds and political uncertainty over federal funding brought on by the Trump administration.\u003c/p>\n\u003cp>The meeting offered an early look at spending priorities for the mayor and city council members as they began deliberations on the city’s budget for the 2025–26 fiscal year. City leaders will need to close a projected $60 million shortfall in the budget — \u003ca href=\"https://www.kqed.org/news/12018688/oakland-broad-cuts-public-safety-city-agencies-amid-massive-deficit\">a modest deficit compared to the fiscal woes of other large\u003c/a> Bay Area cities.\u003c/p>\n\u003cp>“We’ve got some relatively weak revenue growth, and we still have costs that are continuing to increase at the same pace,” said Jim Shannon, the city’s budget director.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Declining sales tax revenue, in particular, has had an impact on city coffers. Shannon said an initial burst of local consumer spending after the COVID-19 lockdowns has petered out. Sales tax receipts in the first quarter of the current fiscal year, from July through September, were down 10% from the previous year.\u003c/p>\n\u003cp>Among the rising costs are the city’s investments in short-term housing and shelter to reduce street homelessness, \u003ca href=\"https://www.kqed.org/news/11979482/san-jose-mayor-matt-mahan-calls-for-urgent-action-on-homelessness-in-city-budget-plan\">a top priority for Mayor Matt Mahan\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_12026833\" class=\"wp-caption alignnone\" style=\"max-width: 1999px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSE%CC%81-SURVEILLANCE-CAMERAS-MD-02_qed.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12026833\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSE%CC%81-SURVEILLANCE-CAMERAS-MD-02_qed.jpg\" alt=\"\" width=\"1999\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed.jpg 1999w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/02/241029-SAN-JOSÉ-SURVEILLANCE-CAMERAS-MD-02_qed-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 1999px) 100vw, 1999px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San José City Councilmember Domingo Candelas speaks at a press event in Lion Plaza in San José on Oct. 29, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mahan \u003ca href=\"https://www.kqed.org/news/12026437/san-jose-mayor-proposes-permanent-shift-homeless-funding-from-housing-shelter\">has proposed paying for some of the interim housing costs by using voter-approved money currently slated \u003c/a>to build affordable housing — a move that would shave the budget shortfall from $60 million to $21 million.\u003c/p>\n\u003cp>Shannon said without changes to Measure E spending, up to 180 positions would need to be eliminated.\u003c/p>\n\u003cp>Riley Knight, an environmental services specialist who has worked for the city for eight years, urged the council to avoid cuts to municipal jobs.\u003c/p>\n\u003cp>“As a city worker, I’ve seen all too many times scenarios in which we are the last to be fully staffed and the first to be cut,” Knight said.\u003c/p>\n\u003cp>San José’s budget problem is much less severe than the Bay Area’s other large cities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Oakland is facing a $280 million shortfall in its upcoming two-year budget cycle that begins on July 1, while San Francisco — which operates a larger budget as a city and a county — has a $876 million deficit over that same window.\u003c/p>\n\u003cp>Deep cuts in the wake of the Great Recession have left San José with minimal staff compared to neighboring big cities, with seven city positions for every 1,000 residents, compared to roughly 11 per 1,000 residents in Oakland.\u003c/p>\n\u003cp>“We’re already at a pretty limited capacity,” Shannon said. “Even the small reductions are sort of hard to come by because we don’t have a lot of room left in the budget without really impacting services.”\u003c/p>\n\u003cp>Recent moves from the Trump administration to expand immigration enforcement have created additional uncertainty in the budget process.\u003c/p>\n\u003cp>Councilmembers Peter Ortiz and Domingo Candelas said threats of immigration raids have frightened residents and depressed shopping in their Eastside districts. They called for the city to invest more money in Santa Clara County’s Rapid Response Network, a service that provides legal assistance to residents facing deportation.\u003c/p>\n\u003cp>“Many of our immigrant communities face significant disruption in this national political moment,” Ortiz said. “As a city, we already caught a glimpse of that kind of disruption, and we fear that if this takes hold in our community, we will never be able to reach them with the services that they desire.”\u003c/p>\n\u003cp>Mahan will submit his initial spending proposal in early March, kicking off months of debate and public meetings on the budget before the council approves a final plan in June.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "former-san-jose-police-union-director-sentenced-to-3-years-probation-for-smuggling-opioids",
"title": "Former San José Police Union Director Sentenced to 3 Years Probation for Smuggling Opioids",
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"content": "\u003cp>The former executive director of the San José Police Officers’ Association will not face any time behind bars for illegally importing opioids, a judge ruled Tuesday, bringing to a close a nearly two-year-old criminal case that sent shockwaves through the South Bay.\u003c/p>\n\u003cp>In San José federal court, U.S. District Judge Eumi K. Lee sentenced Joanne Segovia to three years of probation and 100 hours of community service, which falls largely in line with what prosecutors and her defense attorney had requested.\u003c/p>\n\u003cp>“Ms. Segovia is very grateful that Judge Lee saw the case as the U.S. Attorney’s office and I saw the case,” Adam Gasner, Segovia’s attorney, told KQED after the sentencing.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.kqed.org/news/12008434/former-san-jose-police-union-director-pleads-guilty-to-smuggling-opioids\">plea deal with federal prosecutors\u003c/a> in October, Segovia, 66, confessed to illegally importing tapentadol, a potent painkiller listed as a Schedule II controlled substance. Although such a felony carries a maximum prison term of 20 years, it was widely expected that Segovia would receive a significantly lighter sentence, as her defense team and prosecutors both supported her narrative that she was motivated by an addiction to painkillers rather than by a goal to make a profit as a drug mover.\u003c/p>\n\u003cp>“The story of Joanne Segovia is the story of years of heavy opioid addiction, drug importation, self-delusion, and some very poor choices. It is not, however, the story of a drug dealer,” U.S. Attorney Joseph Tartakovsky, the lead prosecutor on the case, wrote in a sentencing memo to the court.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gasner noted in a separate court memo that his client was taking prescribed opioids under medical supervision for years due to “excruciating chronic back pain,” but her doctors eventually refused to renew them, at which point she turned to illicit drugs to help her cope.\u003c/p>\n\u003cp>“She’s apologetic for her actions. But most importantly, she’s healthy and sober and not likely to re-offend,” Gasner said. “I think this sends a message to the broader community that you will be punished for your actions, but that we also have compassion for who you are as an individual.” \u003c/p>\n\u003cp>In addition to community service, Segovia will be required to adhere to a list of conditions during probation that include ongoing drug testing, mandatory counseling and potential searches of her home. \u003c/p>\n\u003cp>While working as the lead civilian administrator for the San José police union, Segovia had thousands of pills illegally shipped to her home over several years and redistributed some of those pills elsewhere in the U.S., authorities said.\u003c/p>\n\u003cp>She also used the police union’s UPS account to ship drugs to other drug users in the U.S. on behalf of her supplier, “thus making the SJPOA subsidize foreign drug distribution,” Tartakovsky wrote in the memo.\u003c/p>\n\u003cp>In 2022, she came to the attention of Homeland Security investigators who were investigating a criminal network based in India that shipped illicit drugs to U.S. customers. Federal agents were suspicious of Segovia due to the “immense quantities” of pills she was receiving, Tartakovsky wrote.\u003c/p>\n\u003ch2>A ‘good customer’\u003c/h2>\n\u003cp>Investigators said Segovia ordered roughly 18,000 tapentadol pills over a 17-month period in 2021 and 2022, sharing “significant quantities” of pills with two people she knew but also consuming an “extraordinarily large amount” of them herself.[aside label=\"more on the Segovia case\" tag=\"joanne-segovia\"]She was a “good customer” of her supplier, spending between as much as $27,000 on the pills in 2022 alone, prosecutors said.\u003c/p>\n\u003cp>She often coordinated the shipments and payments with her Indian supplier via WhatsApp and “pumped tens of thousands of dollars over the years into the coffers of these unscrupulous networks,” Tartakovsky wrote.\u003c/p>\n\u003cp>In court Tuesday, Tartakovsky noted that there are many people in America illicitly ordering drugs off the internet because of their addictions, and that the federal government doesn’t typically charge “pure users” with crimes. But Segovia went a step further, he said. \u003c/p>\n\u003cp>“She became a sort of auxiliary of this Indian network. She carried water for them,” Tartakovsky said. “She did things for their benefit, like moving pills for them. And this is not some peripheral thing. This is the core of how these schemes work. They rely on Americans to re-ship for them.” \u003c/p>\n\u003cp>Segovia was not profiting off these actions, he said, but was instead “spending this massive fraction of her income” and “essentially almost bankrupting herself” to feed her addiction. \u003c/p>\n\u003cp>Segovia was \u003ca href=\"https://www.justice.gov/usao-ndca/pr/san-jose-police-union-executive-charged-attempted-illegal-importation-fentanyl\">arrested in March 2023\u003c/a>, initially on one count of illegally importing a form of fentanyl. Prosecutors, however, later removed the fentanyl charge after admitting that a lab test of the contents of one of the packages sent to her had produced a false positive result. The charge was subsequently changed to the illegal importation of tapentadol.\u003c/p>\n\u003ch2>Expressing remorse\u003c/h2>\n\u003cp>In August 2024, Segovia, who had maintained her innocence until that point, indicated to the court she’d be willing to\u003ca href=\"https://www.kqed.org/news/12000464/former-san-jose-police-union-director-expected-to-plead-guilty-to-smuggling-opioids-in-deal-with-feds\"> accept responsibility for her crime\u003c/a>.\u003c/p>\n\u003cp>In a Dec. 18 personal written statement asking the judge for leniency, Segovia expressed remorse for her actions, saying she “would do anything to take it all back,” and noted that she is heavily involved in the lives of her grandchildren and is a caretaker for her 81-year-old husband, who is ill.\u003c/p>\n\u003cp>“I never realized the magnitude of what I had done until a gun was pointed at me. I have never been in trouble with the law. This was something I had only seen in movies. It was the most traumatic thing that has ever happened to me,” she wrote.\u003c/p>\n\u003cp>She said she has also stopped taking pills since her arrest and has passed 45 random drug tests while undergoing counseling and treatment.\u003c/p>\n\u003cp>“I have this nice little life and it was all blown up in front of me,” Segovia said in court on Tuesday. “And being sober made me know how horrendous my conduct was. And I’ve never done anything but be for the law, and I’m really sorry.” \u003c/p>\n\u003cp>Several other people, including her daughter, friends, neighbor and current and former San José police officers, wrote to the judge on her behalf, attesting that Segovia is a good person, loving family member and a reliable colleague who cares deeply for others.\u003c/p>\n\u003cp>Segovia was fired from her role as executive director of the police union shortly after her arrest in 2003. The union denied any involvement or knowledge of her actions.\u003c/p>\n\u003cp>Nevertheless, the arrest sparked outrage among local elected officials, police critics and activists, prompting protests outside San José City Hall, with demonstrators calling for further investigations and demanding city leaders to stop taking donations from the powerful police union.\u003c/p>\n\u003cp>The police union hired a private investigator to look into whether Segovia’s actions were connected to her work, releasing the results after her conviction.\u003c/p>\n\u003cp>The investigator concluded there was “no evidence whatsoever that any POA representative had any involvement, knowledge, or suspicions regarding Segovia’s alleged criminal activities” and that all the facts indicate she acted alone.\u003c/p>\n\u003cp>Prosecutors agreed with that assessment but also criticized the union for interfering in the federal investigation following Segovia’s arrest.\u003c/p>\n\u003cp>“The SJPOA announced publicly after the search of Segovia’s office that it wished to cooperate with this investigation. Yet counsel for the SJPOA engaged in stonewalling, even threatening to ‘seek judicial intervention’ to stop the prosecution from reviewing Segovia’s SJPOA email contents, though the SJPOA never followed through on its threat,” Tartakovsky wrote in the court memo.\u003c/p>\n\u003cp>In the same week, the union walled off public access to major portions of its website, including pages that list its board members and staff — a change that its leadership said was aimed at protecting them.\u003c/p>\n\u003ch2>‘Life upended’\u003c/h2>\n\u003cp>While Segovia was a civilian employee for her entire 20-year career with the police union, Tartakovsky wrote that “she held a position that should have instilled her with firmer respect for the law and for her obligation to be truthful with law enforcement.”\u003c/p>\n\u003cp>And though she has since admitted her conduct was wrong and accepted responsibility for it, Tartakovsky noted that she initially lied to federal investigators, attempting to pin everything on her housekeeper, a move he called “reprehensible.”\u003c/p>\n\u003cp>“This was not just the normal blundering dissimulation blurted out when a target is first surprised and confronted by law enforcement,” Tartakovsky wrote. After being questioned by investigators, he said “Segovia took six weeks to ponder her predicament, concocted a story” in an unsuccessful attempt to dupe investigators.\u003c/p>\n\u003cp>Gasner, Segovia’s attorney, said in his memo to the court that Segovia initially denied her\u003c/p>\n\u003cp>crime “in a desperate attempt to preserve the secret of her addiction as the barrier between her normal and illicit life broke down.”\u003c/p>\n\u003cp>Prosecutors ultimately concluded that Segovia’s actions were “not the behavior of a ‘mastermind,’ but a scared, confused, and addicted woman who saw the walls collapsing around her,” Tartakovsky wrote.\u003c/p>\n\u003ch2>Actions of an ‘addict,’ not a ‘dealer’\u003c/h2>\n\u003cp>Judge Lee said Tuesday she had weighed all the facts of the case, and agreed Segovia’s actions appeared to be “those of an addict and not a dealer,” and she also commended Segovia on her sobriety. \u003c/p>\n\u003cp>“A conviction here is warranted. There was deception at the beginning of the investigation. There was an abuse of power in a law enforcement-adjacent position,” Lee said. “Ms Segovia held a position that should have instilled in her a firmer respect for law enforcement and a firmer respect for being truthful at the beginning of the investigation.” \u003c/p>\n\u003cp>In his memo, Tartakovsky said Segovia, in losing her job and having her life upended by the criminal proceedings, has paid a steep price for her actions, and he credited her for overcoming her addiction.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“The government believes that her contrition is sincere and that she poses little risk of reoffending,” he wrote.\u003c/p>\n\n",
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"excerpt": "A federal judge spared Joanne Segovia from serving any time behind bars, bringing to a close a nearly two-year-old criminal case that sent shockwaves through the South Bay.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The former executive director of the San José Police Officers’ Association will not face any time behind bars for illegally importing opioids, a judge ruled Tuesday, bringing to a close a nearly two-year-old criminal case that sent shockwaves through the South Bay.\u003c/p>\n\u003cp>In San José federal court, U.S. District Judge Eumi K. Lee sentenced Joanne Segovia to three years of probation and 100 hours of community service, which falls largely in line with what prosecutors and her defense attorney had requested.\u003c/p>\n\u003cp>“Ms. Segovia is very grateful that Judge Lee saw the case as the U.S. Attorney’s office and I saw the case,” Adam Gasner, Segovia’s attorney, told KQED after the sentencing.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.kqed.org/news/12008434/former-san-jose-police-union-director-pleads-guilty-to-smuggling-opioids\">plea deal with federal prosecutors\u003c/a> in October, Segovia, 66, confessed to illegally importing tapentadol, a potent painkiller listed as a Schedule II controlled substance. Although such a felony carries a maximum prison term of 20 years, it was widely expected that Segovia would receive a significantly lighter sentence, as her defense team and prosecutors both supported her narrative that she was motivated by an addiction to painkillers rather than by a goal to make a profit as a drug mover.\u003c/p>\n\u003cp>“The story of Joanne Segovia is the story of years of heavy opioid addiction, drug importation, self-delusion, and some very poor choices. It is not, however, the story of a drug dealer,” U.S. Attorney Joseph Tartakovsky, the lead prosecutor on the case, wrote in a sentencing memo to the court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gasner noted in a separate court memo that his client was taking prescribed opioids under medical supervision for years due to “excruciating chronic back pain,” but her doctors eventually refused to renew them, at which point she turned to illicit drugs to help her cope.\u003c/p>\n\u003cp>“She’s apologetic for her actions. But most importantly, she’s healthy and sober and not likely to re-offend,” Gasner said. “I think this sends a message to the broader community that you will be punished for your actions, but that we also have compassion for who you are as an individual.” \u003c/p>\n\u003cp>In addition to community service, Segovia will be required to adhere to a list of conditions during probation that include ongoing drug testing, mandatory counseling and potential searches of her home. \u003c/p>\n\u003cp>While working as the lead civilian administrator for the San José police union, Segovia had thousands of pills illegally shipped to her home over several years and redistributed some of those pills elsewhere in the U.S., authorities said.\u003c/p>\n\u003cp>She also used the police union’s UPS account to ship drugs to other drug users in the U.S. on behalf of her supplier, “thus making the SJPOA subsidize foreign drug distribution,” Tartakovsky wrote in the memo.\u003c/p>\n\u003cp>In 2022, she came to the attention of Homeland Security investigators who were investigating a criminal network based in India that shipped illicit drugs to U.S. customers. Federal agents were suspicious of Segovia due to the “immense quantities” of pills she was receiving, Tartakovsky wrote.\u003c/p>\n\u003ch2>A ‘good customer’\u003c/h2>\n\u003cp>Investigators said Segovia ordered roughly 18,000 tapentadol pills over a 17-month period in 2021 and 2022, sharing “significant quantities” of pills with two people she knew but also consuming an “extraordinarily large amount” of them herself.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>She was a “good customer” of her supplier, spending between as much as $27,000 on the pills in 2022 alone, prosecutors said.\u003c/p>\n\u003cp>She often coordinated the shipments and payments with her Indian supplier via WhatsApp and “pumped tens of thousands of dollars over the years into the coffers of these unscrupulous networks,” Tartakovsky wrote.\u003c/p>\n\u003cp>In court Tuesday, Tartakovsky noted that there are many people in America illicitly ordering drugs off the internet because of their addictions, and that the federal government doesn’t typically charge “pure users” with crimes. But Segovia went a step further, he said. \u003c/p>\n\u003cp>“She became a sort of auxiliary of this Indian network. She carried water for them,” Tartakovsky said. “She did things for their benefit, like moving pills for them. And this is not some peripheral thing. This is the core of how these schemes work. They rely on Americans to re-ship for them.” \u003c/p>\n\u003cp>Segovia was not profiting off these actions, he said, but was instead “spending this massive fraction of her income” and “essentially almost bankrupting herself” to feed her addiction. \u003c/p>\n\u003cp>Segovia was \u003ca href=\"https://www.justice.gov/usao-ndca/pr/san-jose-police-union-executive-charged-attempted-illegal-importation-fentanyl\">arrested in March 2023\u003c/a>, initially on one count of illegally importing a form of fentanyl. Prosecutors, however, later removed the fentanyl charge after admitting that a lab test of the contents of one of the packages sent to her had produced a false positive result. The charge was subsequently changed to the illegal importation of tapentadol.\u003c/p>\n\u003ch2>Expressing remorse\u003c/h2>\n\u003cp>In August 2024, Segovia, who had maintained her innocence until that point, indicated to the court she’d be willing to\u003ca href=\"https://www.kqed.org/news/12000464/former-san-jose-police-union-director-expected-to-plead-guilty-to-smuggling-opioids-in-deal-with-feds\"> accept responsibility for her crime\u003c/a>.\u003c/p>\n\u003cp>In a Dec. 18 personal written statement asking the judge for leniency, Segovia expressed remorse for her actions, saying she “would do anything to take it all back,” and noted that she is heavily involved in the lives of her grandchildren and is a caretaker for her 81-year-old husband, who is ill.\u003c/p>\n\u003cp>“I never realized the magnitude of what I had done until a gun was pointed at me. I have never been in trouble with the law. This was something I had only seen in movies. It was the most traumatic thing that has ever happened to me,” she wrote.\u003c/p>\n\u003cp>She said she has also stopped taking pills since her arrest and has passed 45 random drug tests while undergoing counseling and treatment.\u003c/p>\n\u003cp>“I have this nice little life and it was all blown up in front of me,” Segovia said in court on Tuesday. “And being sober made me know how horrendous my conduct was. And I’ve never done anything but be for the law, and I’m really sorry.” \u003c/p>\n\u003cp>Several other people, including her daughter, friends, neighbor and current and former San José police officers, wrote to the judge on her behalf, attesting that Segovia is a good person, loving family member and a reliable colleague who cares deeply for others.\u003c/p>\n\u003cp>Segovia was fired from her role as executive director of the police union shortly after her arrest in 2003. The union denied any involvement or knowledge of her actions.\u003c/p>\n\u003cp>Nevertheless, the arrest sparked outrage among local elected officials, police critics and activists, prompting protests outside San José City Hall, with demonstrators calling for further investigations and demanding city leaders to stop taking donations from the powerful police union.\u003c/p>\n\u003cp>The police union hired a private investigator to look into whether Segovia’s actions were connected to her work, releasing the results after her conviction.\u003c/p>\n\u003cp>The investigator concluded there was “no evidence whatsoever that any POA representative had any involvement, knowledge, or suspicions regarding Segovia’s alleged criminal activities” and that all the facts indicate she acted alone.\u003c/p>\n\u003cp>Prosecutors agreed with that assessment but also criticized the union for interfering in the federal investigation following Segovia’s arrest.\u003c/p>\n\u003cp>“The SJPOA announced publicly after the search of Segovia’s office that it wished to cooperate with this investigation. Yet counsel for the SJPOA engaged in stonewalling, even threatening to ‘seek judicial intervention’ to stop the prosecution from reviewing Segovia’s SJPOA email contents, though the SJPOA never followed through on its threat,” Tartakovsky wrote in the court memo.\u003c/p>\n\u003cp>In the same week, the union walled off public access to major portions of its website, including pages that list its board members and staff — a change that its leadership said was aimed at protecting them.\u003c/p>\n\u003ch2>‘Life upended’\u003c/h2>\n\u003cp>While Segovia was a civilian employee for her entire 20-year career with the police union, Tartakovsky wrote that “she held a position that should have instilled her with firmer respect for the law and for her obligation to be truthful with law enforcement.”\u003c/p>\n\u003cp>And though she has since admitted her conduct was wrong and accepted responsibility for it, Tartakovsky noted that she initially lied to federal investigators, attempting to pin everything on her housekeeper, a move he called “reprehensible.”\u003c/p>\n\u003cp>“This was not just the normal blundering dissimulation blurted out when a target is first surprised and confronted by law enforcement,” Tartakovsky wrote. After being questioned by investigators, he said “Segovia took six weeks to ponder her predicament, concocted a story” in an unsuccessful attempt to dupe investigators.\u003c/p>\n\u003cp>Gasner, Segovia’s attorney, said in his memo to the court that Segovia initially denied her\u003c/p>\n\u003cp>crime “in a desperate attempt to preserve the secret of her addiction as the barrier between her normal and illicit life broke down.”\u003c/p>\n\u003cp>Prosecutors ultimately concluded that Segovia’s actions were “not the behavior of a ‘mastermind,’ but a scared, confused, and addicted woman who saw the walls collapsing around her,” Tartakovsky wrote.\u003c/p>\n\u003ch2>Actions of an ‘addict,’ not a ‘dealer’\u003c/h2>\n\u003cp>Judge Lee said Tuesday she had weighed all the facts of the case, and agreed Segovia’s actions appeared to be “those of an addict and not a dealer,” and she also commended Segovia on her sobriety. \u003c/p>\n\u003cp>“A conviction here is warranted. There was deception at the beginning of the investigation. There was an abuse of power in a law enforcement-adjacent position,” Lee said. “Ms Segovia held a position that should have instilled in her a firmer respect for law enforcement and a firmer respect for being truthful at the beginning of the investigation.” \u003c/p>\n\u003cp>In his memo, Tartakovsky said Segovia, in losing her job and having her life upended by the criminal proceedings, has paid a steep price for her actions, and he credited her for overcoming her addiction.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Plainclothes San José Police Return Fire After Being Shot At, Officials Say",
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"content": "\u003cp>\u003cem>Updated 3:37 p.m. Tuesday\u003c/em>\u003c/p>\n\u003cp>Plainclothes \u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a> police officers exchanged gunfire after getting shot at by multiple people Monday night, police officials said.\u003c/p>\n\u003cp>The plainclothes officers were conducting an unrelated surveillance operation in the Olinder-McKinley neighborhood around 10:30 p.m. when they were confronted by two suspects who ultimately opened fire on them, San José Police Chief Paul Joseph said during a press conference Tuesday afternoon.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“This was a reckless and senseless act of gun violence in a residential neighborhood where hardworking families are returning home from work, putting their children to bed and winding down from a holiday weekend,” Joseph said. “Last night, two of our officers were victims in this cowardly attack. But it could have been anyone who was in the wrong place at the wrong time.”\u003c/p>\n\u003cp>The special operations unit officers were at the intersection near Melbourne Boulevard and McLaughlin Avenue when they were confronted by two suspects in a vehicle indicating that they were armed, Joseph said. The officers continued through the intersection and pulled off of the road to call for backup from uniformed officers.\u003c/p>\n\u003cp>[aside postID=news_12023259 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/250121-SEGOVIA-JG-2-1020x680.jpg']\u003c/p>\n\u003cp>Joseph said the suspect vehicle then made a U-turn and drove toward the officers while at least one suspect opened fire. One officer got out of the unmarked police vehicle and returned fire before the suspect vehicle fled the scene.\u003c/p>\n\u003cp>Neither of the police officers sustained injuries, but their vehicle was hit multiple times, disabling its ability to safely pursue the suspects.\u003c/p>\n\u003cp>It remains unclear if either suspect was hit by gunfire. The officers were unable to activate body-worn cameras at the time of the event.\u003c/p>\n\u003cp>Joseph said that department detectives are working to identify the suspects and vehicle, and that he was “confident that justice will ultimately be served.”\u003c/p>\n\u003cp>“Addressing gun violence in San José will occupy the focus of this department’s attention for the foreseeable future,” he said. “We are determined to intervene and disrupt the trend of gun violence by preventing incidents like this from happening.”\u003c/p>\n\u003cp>This was the first officer-involved shooting in San José this year.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The officers were working on an unrelated case on Monday night when multiple people shot at them, police officials said. They returned fire, but no one was injured.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 3:37 p.m. Tuesday\u003c/em>\u003c/p>\n\u003cp>Plainclothes \u003ca href=\"https://www.kqed.org/news/tag/san-jose\">San José\u003c/a> police officers exchanged gunfire after getting shot at by multiple people Monday night, police officials said.\u003c/p>\n\u003cp>The plainclothes officers were conducting an unrelated surveillance operation in the Olinder-McKinley neighborhood around 10:30 p.m. when they were confronted by two suspects who ultimately opened fire on them, San José Police Chief Paul Joseph said during a press conference Tuesday afternoon.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This was a reckless and senseless act of gun violence in a residential neighborhood where hardworking families are returning home from work, putting their children to bed and winding down from a holiday weekend,” Joseph said. “Last night, two of our officers were victims in this cowardly attack. But it could have been anyone who was in the wrong place at the wrong time.”\u003c/p>\n\u003cp>The special operations unit officers were at the intersection near Melbourne Boulevard and McLaughlin Avenue when they were confronted by two suspects in a vehicle indicating that they were armed, Joseph said. The officers continued through the intersection and pulled off of the road to call for backup from uniformed officers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Joseph said the suspect vehicle then made a U-turn and drove toward the officers while at least one suspect opened fire. One officer got out of the unmarked police vehicle and returned fire before the suspect vehicle fled the scene.\u003c/p>\n\u003cp>Neither of the police officers sustained injuries, but their vehicle was hit multiple times, disabling its ability to safely pursue the suspects.\u003c/p>\n\u003cp>It remains unclear if either suspect was hit by gunfire. The officers were unable to activate body-worn cameras at the time of the event.\u003c/p>\n\u003cp>Joseph said that department detectives are working to identify the suspects and vehicle, and that he was “confident that justice will ultimately be served.”\u003c/p>\n\u003cp>“Addressing gun violence in San José will occupy the focus of this department’s attention for the foreseeable future,” he said. “We are determined to intervene and disrupt the trend of gun violence by preventing incidents like this from happening.”\u003c/p>\n\u003cp>This was the first officer-involved shooting in San José this year.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"fssReducer": {},
"tvDailyScheduleReducer": {},
"tvWeeklyScheduleReducer": {},
"tvPrimetimeScheduleReducer": {},
"tvMonthlyScheduleReducer": {},
"userAccountReducer": {
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"loggedStatus": "LOGGED_OUT",
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"articles": [],
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{
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"renewalDate": null
}
]
},
"authModal": {
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},
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},
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},
"location": {
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"previousPathname": "/"
}
}
