Bakersfield Police Broke 31 People’s Bones in Four Years. No Officer Has Been Disciplined for It
New California AG Continues to Withhold Important Police Records Despite 'Effort to Increase Transparency'
CA Police Reform Proposal: Replace Some Social Service Callouts, More Unsealed Records
KQED Sues CHP Over Failure to Disclose Discipline and Use-of-Force Records
Mendocino County Correctional Sergeant Demoted After Tasing Handcuffed Inmate
After Year of Delay, Contra Costa County Sheriff Releases Investigation of Dishonest Deputy
Bay Area Ruling Could Fast-Track Access to Police Records Under New Law
Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law
BART Officer Was Reprimanded for Account of Takedown in Which Woman Was Severely Injured
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In a newsroom career that began in Chicago in 1972, Dan has worked for \u003cem>The San Francisco Examiner,\u003c/em> Wired and TechTV and has been published in The New York Times, The New York Times Magazine, Business 2.0, Salon and elsewhere.\r\n\r\nSince joining KQED in 2007, Dan has reported, edited and produced both radio and online features and breaking news pieces. He has shared as both editor and reporter in four Society of Professional Journalists Norcal Excellence in Journalism awards and one Edward R. Murrow regional award. He was chosen for a spring 2017 residency at the Mesa Refuge to advance his research on California salmon.\r\n\r\nEmail Dan at: \u003ca href=\"mailto:dbrekke@kqed.org\">dbrekke@kqed.org\u003c/a>\r\n\r\n\u003cstrong>Twitter:\u003c/strong> \u003ca href=\"https://twitter.com/danbrekke\" rel=\"noopener noreferrer\">twitter.com/danbrekke\u003c/a>\r\n\u003cstrong>Facebook:\u003c/strong> \u003ca href=\"https://www.facebook.com/danbrekke\" rel=\"noopener noreferrer\">www.facebook.com/danbrekke\u003c/a>\r\n\u003cstrong>LinkedIn:\u003c/strong> \u003ca href=\"https://www.linkedin.com/in/danbrekke\" rel=\"noopener noreferrer\">www.linkedin.com/in/danbrekke\u003c/a>","avatar":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twitter":"danbrekke","facebook":null,"instagram":"https://www.instagram.com/dan.brekke/","linkedin":"https://www.linkedin.com/in/danbrekke/","sites":[{"site":"news","roles":["administrator","create_posts"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"quest","roles":["contributor"]},{"site":"food","roles":["contributor"]},{"site":"forum","roles":["contributor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Dan Brekke | KQED","description":"KQED Editor and Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/danbrekke"},"aemslie":{"type":"authors","id":"3206","meta":{"index":"authors_1591205172","id":"3206","found":true},"name":"Alex Emslie","firstName":"Alex","lastName":"Emslie","slug":"aemslie","email":"aemslie@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Senior Editor","bio":"Alex Emslie is senior editor of talent and development at KQED, where he manages dozens of early career journalists and oversees news department internships.\r\n\r\nHe is a former carpenter and proud graduate of City College of San Francisco and San Francisco State University, where he studied journalism and criminal justice before joining KQED in 2013.\r\n\r\nAlex produced investigative journalism focused on \u003ca href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. 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Murrow Award for investigative reporting and a Golden Mic Award from the RTNDA of Southern California.\r\n\r\nJulie began her career in journalism in 2000 as the deputy foreign editor for public radio's \u003cem>Marketplace, \u003c/em>while earning her master's degree in journalism from USC’s Annenberg School of Communication.","avatar":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twitter":"@SmallRadio2","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["author"]}],"headData":{"title":"Julie Small | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jsmall"},"slewis":{"type":"authors","id":"8676","meta":{"index":"authors_1591205172","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11878013":{"type":"posts","id":"news_11878013","meta":{"index":"posts_1591205157","site":"news","id":"11878013","score":null,"sort":[1623848429000]},"guestAuthors":[],"slug":"bakersfield-police-broke-31-peoples-bones-in-four-years-no-officer-has-been-disciplined-for-it","title":"Bakersfield Police Broke 31 People’s Bones in Four Years. No Officer Has Been Disciplined for It","publishDate":1623848429,"format":"image","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cspan style=\"font-size: 4.6875em; float: left; line-height: 0.733em; padding: 0.05em 0.1em 0 0; font-family: times, serif, georgia;\">O\u003c/span>n Nov. 24, 2017, Robert Cruz Jr. biked north along Baker Street, on a quiet block straddling Bakersfield’s once-thriving old town and struggling new, restaurants interspersed with a rehab center and a prepaid phone store. A little before midnight, two officers noticed that the 37-year-old Cruz didn’t have a front light on his bicycle. A patrol officer chased Cruz to a nearby yard. There, Cruz crouched behind a child’s play tunnel, and the officer struck his arm with a baton.\u003c/p>\n\u003cp>According to a police report, Cruz shouted “I didn’t do anything” twice before the officer struck again. The patrolmen arrested Cruz for assaulting an officer, resisting arrest and for the missing bike light. Before taking him to jail, an ambulance brought Cruz to the hospital, a bone sticking out of his skin.\u003c/p>\n\u003cp>Between 2016 and 2019, Bakersfield police officers used force that broke at least 45 bones in 31 people, an analysis of public records shows. The city of Bakersfield released the documents under a\u003ca href=\"https://www.kqed.org/news/11758000/delaying-the-inevitable-many-police-agencies-withhold-records-in-new-era-of-transparency\"> recent California law that increases transparency in policing\u003c/a>. The records released include those cases that involved serious injury or death. A third of the time, injuries reported included one or more broken bones.\u003cbr>\n[pullquote align=\"right\" citation=\"Traco Matthews, Bakersfield policing committee co-chair\"]'Can we get to a place where use-of-force incidents, especially serious use-of-force incidents, are less and the public is still safe?'[/pullquote]\u003cbr>\nBesides Cruz, two other bicyclists stopped by patrol officers for code violations suffered broken bones during that four-year period. They also ended up at the hospital, one with head fractures, the other a broken leg. Some of the 31 people were later convicted of serious crimes, but an analysis of police reports reveals that others had charges dismissed, or never faced charges at all. While wrestling in a pile of blankets with a 57-year-old woman who was suspected of trespassing in a Greyhound station, officers broke her wrist. And when one man allegedly violated the \u003ca href=\"https://bakersfield.municipal.codes/Code/12.56.050\">city’s curfew\u003c/a> in Martin Luther King Jr. Park, officers tased and hit him with a baton, breaking his leg.\u003c/p>\n\u003cp>In all 31 cases involving broken bones, the Bakersfield Police Department determined that none of the officers involved violated departmental policy.\u003c/p>\n\u003cp>Breaking a bone is a brutal act, said Bakersfield Police Sgt. Robert Pair, a spokesman for the department. But it’s also not unusual.\u003c/p>\n\u003cp>“It's the unfortunate reality that force is sometimes used in defense of officers and others, and that's the world we live in,” Pair said. “I don't think that that is an alarming number at all.”\u003c/p>\n\u003cp>The number of broken bones is disturbing to Stephanie Padilla, a staff attorney for the \u003ca href=\"https://www.aclusocal.org/sites/default/files/patterns_practices_police_excessive_force_kern_county_aclu-ca_paper.pdf\">American Civil Liberties Union\u003c/a> of Southern California.\u003c/p>\n\u003cp>“I do think that is high, and I do think that is a really troubling number that one out of three [serious] use-of-force cases result in broken bones,” Padilla said. “It tracks what individuals in the community have shared with us.”\u003c/p>\n\u003cfigure id=\"attachment_11878038\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield.jpg\">\u003cimg class=\"size-medium wp-image-11878038\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Traco Matthews sits in his home on May 20, 2021 in Bakersfield, California. Matthews worked with the Bakersfield Police Department and community groups to recommend policing reforms, and chairs the Community Collaborative Use of Force Policy and Oversight Committee. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This week, the \u003ca href=\"https://www.bakersfieldcity.us/458/City-Council\">Bakersfield City Council\u003c/a> will vote on whether to allocate $133 million next year to policing. That would raise the department’s share to 42% of the city budget and add 28 police officers.\u003c/p>\n\u003cp>The council’s budget hearings are the latest venue for a public debate about the quality of policing in Bakersfield, where voters narrowly approved a 1% sales tax increase to boost funding for essential services three years ago.\u003c/p>\n\u003cp>The city pitched the sales tax as a public safety measure, but residents of Bakersfield still disagree about how best to keep the public safe. The Police Department has proposed hiring 100 officers within three years. But it remains the target of a \u003ca href=\"https://www.kget.com/news/local-news/california-department-of-justice-investigates-bakersfield-police-department/\">California Department of Justice investigation opened more than four years ago\u003c/a> by then-Attorney General Kamala Harris. Demands for policing reforms — including defunding or even \u003ca href=\"https://peoplesbudgetbako.com/about/\">abolishing the department\u003c/a> — accelerated during Black Lives Matter protests last summer.\u003c/p>\n\u003cp>“I think we stand on the precipice of a critical juncture, a critical moment here in Bakersfield and in Kern County,” said Traco Matthews, a local Black civic leader and chief program officer at the nonprofit \u003ca href=\"https://www.capk.org/\">Community Action Partnership of Kern\u003c/a>. Matthews co-chairs an independent committee convened by the City Council that has offered recommendations for police reform. “Can we get to a place where use-of-force incidents, especially serious use-of-force incidents, are less and the public is still safe? And every citizen, every resident, feels like they are part of this family of Bakersfield being protected and served by BPD? Absolutely.”\u003c/p>\n\u003ch2>Multiple Layers of Review, Says Department\u003c/h2>\n\u003cp>Among all of the cases released by the department, internal reports concluded that the force Bakersfield police used to cause a fracture was reasonable: each dog bite, every control hold, every physical strike and every strike of the baton. Using batons, officers broke bones in 26 people; once, an officer broke the baton.\u003c/p>\n\u003cp>Following every incident, the department applied a careful review process, said Sgt. Pair.\u003c/p>\n\u003cp>“It's not a carte blanche that you can use a baton, go out there and use a baton whenever you want to,” Pair said. “Each one is … scrutinized under the facts and circumstances of its own event.”\u003c/p>\n\u003cp>That scrutiny has layers. When a Bakersfield police officer uses force, the officer must report it to a supervisor, usually the sergeant on duty, according to the department’s manual.\u003c/p>\n\u003cp>The manual then directs sergeants to ensure that the person injured receives medical treatment and to investigate the incident. Policy directs sergeants to examine the scene, review video footage, interview witnesses and talk to the injured person if they consent.\u003cbr>\n[aside label=\"Police Misconduct\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43990_iStock-943697000-qut.jpg\" heroURL=\"https://projects.scpr.org/california-reporting-project/\" link1=\"https://www.kqed.org/news/11828774/a-chp-officer-harassed-21-women-agency-fired-bad-apple-but-didnt-pursue-criminal-charges,A CHP Officer Harassed 21 Women, Agency Fired 'Bad Apple' But Didn't Pursue Criminal Charges\" link2=\"https://www.latimes.com/california/story/2021-03-19/sb-1421-sheriffs-department-disclosure,What Secret Files on Police Officers Tell Us About Law Enforcement Misconduct\" link3=\"https://projects.scpr.org/california-reporting-project/,More stories from the California Reporting Project\"]\u003cbr>\nIn Bakersfield, every sergeant also writes a report about any use of force. And every sergeant’s report must be reviewed by the watch commander, a lieutenant. Department spokespeople say that captains sometimes review use-of-force reports, too.\u003c/p>\n\u003cp>When the force used is deemed reasonable, that sergeant’s report may be brief, as in the case of Robert Cruz Jr., stopped for lacking a bicycle light. In that case, the sergeant’s description of what happened was five sentences long.\u003c/p>\n\u003cp>Officer Andrew Celedon reported that Cruz abandoned his bike when approached by a patrol car and ran for a nearby yard. There, he tried to jump a fence; Celedon pulled him down to the ground, where he curled up behind a play tunnel. When Celedon wrote up the incident, he emphasized the darkness in the yard and the possibility that Cruz could carry a knife, gun or weapons in his baggy clothes. Celedon stated he struck Cruz, who was crouched in a fetal position, with a baton.\u003c/p>\n\u003cp>Kevin Robinson, an instructor at \u003ca href=\"https://ccj.asu.edu/\">Arizona State University’s School of Criminology and Criminal Justice\u003c/a> and a 37-year veteran of the Phoenix Police Department, said the goal of an investigation should be to decide whether the force used was appropriate.\u003c/p>\n\u003cp>“Bakersfield in my mind has the right steps in place,” Robinson said of the department’s policies. “Supervisors should come out and review every use of force.”\u003c/p>\n\u003cp>Within two weeks, Sgt. Charles Sherman concluded that strike against Cruz was an effective use of force, necessary for self-defense.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cfigure id=\"attachment_11878047\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building.jpg\">\u003cimg class=\"size-medium wp-image-11878047\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sergeants are supposed to review and write a report about all uses of force at the Bakersfield Police Department. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Are the Reviews Enough?\u003c/h2>\n\u003cp>Seth Stoughton, \u003ca href=\"https://sc.edu/study/colleges_schools/law/faculty_and_staff/directory/stoughton_seth.php\">University of South Carolina School of Law\u003c/a> associate professor, reviewed the Robert Cruz Jr. report. Like others provided in response to a records request, the Police Department retrieved that report from incident tracking software sold to law enforcement agencies called \u003ca href=\"https://blueteamcorp.com/\">BlueTeam\u003c/a>. In it, Cruz is described as fleeing and resisting arrest, both legal conclusions offered without support.\u003c/p>\n\u003cp>Stoughton, who testified for the prosecution at Derek Chauvin’s trial in the killing of George Floyd, said the report was “woefully inadequate” to examine an individual event.\u003c/p>\n\u003cp>Good investigations of incidents like this are wide-ranging, he said. After-action reports should look back at what happened in detail and also look forward to offer ways to improve outcomes in the future, regardless of fault.\u003c/p>\n\u003cp>For the incident in which a Bakersfield officer broke Cruz’s bone, the sergeant’s report “does not have anywhere near the level of detail that any competent supervisor would demand to assess, even in a very cursory fashion, the incident being described,” Stoughton said.\u003c/p>\n\u003cp>“If you're using it as one of many data points to get a bird's-eye view, then maybe this is all you need,” he said.\u003c/p>\n\u003cp>According to Bakersfield Police Sgt. Christopher Bagby, who works in the agency’s Quality Assurance Unit, the department’s use-of-force working group uses BlueTeam data to examine the effectiveness of strategy and tactics. Late in 2019, the Quality Assurance Unit also began randomized audits of the reports themselves. Sgt. Pair said that the system will automatically alert a supervisor if one of the officers under their command is using more force than normal.\u003c/p>\n\u003cp>If a sergeant sees something potentially criminal, that goes to internal affairs. That department investigates citizen complaints and also begins its own inquiries.\u003c/p>\n\u003cp>Among the 31 broken bone cases released in Bakersfield, internal affairs investigated three, the only incidents where records show citizens complained. The internal affairs office cleared every officer in those three cases.\u003c/p>\n\u003cp>Police and experts say that a review process is not a disciplinary process. Rather, it’s a way for departments to see how they can adjust and improve. Reducing violence in a community includes reducing uses of force, Stoughton said. Professional agencies need to look at each incident and ask what they can learn.\u003c/p>\n\u003cp>“Sometimes the answer is there is nothing that we could realistically change here that would have any impact,” Stoughton said. “The agency can control whether officers are issued a taser, for example, or that the agency can control how long an officer’s shift is to see if they're fatigued and making bad decisions.”\u003c/p>\n\u003cfigure id=\"attachment_11878138\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars.jpg\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-800x447.jpg\" alt=\"\" width=\"800\" height=\"447\" class=\"size-medium wp-image-11878138\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-800x447.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-1020x570.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-160x89.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-1536x858.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Bakersfield police vehicle makes patrols on Nov. 17, 2017 in Bakersfield, California. \u003ccite>(Frederic J. Brown/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Injuries Linger, Financially and With Community\u003c/h2>\n\u003cp>In 2017, Cory Joe Pearson fired a gun through the windshield of a car at his former girlfriend and her cousin, according to police reports. Bakersfield police tracked him to a Vagabond Inn. When Pearson left his room for a smoke, one officer tackled Pearson to the ground in the motel parking lot. At the same time, another officer noticed Pearson “thrashing,” and struck Pearson with a baton twice, breaking his shin bone. Four years later, Pearson said he still hasn’t recovered.\u003c/p>\n\u003cp>“I’m in constant pain, always, because of it,” Pearson said by phone from the state prison in Lancaster where he is serving a 20-year sentence for assault with a firearm. “I can’t run, I can’t play sports,” he said. “I can hardly walk.”\u003c/p>\n\u003cp>Policing experts say that batons are among the safer weapons officers carry.\u003c/p>\n\u003cp>The best thing about a baton is that officers can use it as a threat to frighten someone into compliance without striking them, said \u003ca href=\"https://www.jjay.cuny.edu/faculty/peter-moskos\">John Jay College of Criminal Justice\u003c/a> professor Peter Moskos. Any weapon that doesn’t have to be used to make a person comply is safer “because it doesn't have to be used as much.”\u003c/p>\n\u003cp>And the Bakersfield Police Department defends its use of force as judicious and skilled.\u003c/p>\n\u003cp>“We can’t do our job without use of force,” said Sgt. Lynn Martinez, who trains officers in how to use force properly. “Sometimes police officers will have to hurt people to protect themselves and others.”\u003c/p>\n\u003cp>Still, there’s a cost.\u003c/p>\n\u003cp>From 2016 to 2019, Bakersfield police officers sent an average of 304 people to the hospital per year following police encounters, an analysis of internal affairs reports shows. Officers and health workers decide where subjects of the use of force receive medical care, according to the department's policies.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe title=\"People Taken to the Hospital After Encounters With Bakersfield Police\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-iBUnj\" src=\"https://datawrapper.dwcdn.net/iBUnj/3/\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"400\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n[datawrapper]\u003c/p>\n\u003cp>People injured by uses of force describe emotional and financial costs from an encounter with police.\u003c/p>\n\u003cp>Any use of force, even a relatively low-level use of force, is a significant event between a police department and the community, said University of South Carolina’s Stoughton, a former Florida police officer.\u003c/p>\n\u003cp>It’s “a really a significant government intrusion onto individual liberty and autonomy,” he said. “Of all of the aspects of policing, the use of force has probably the highest potential to be socially corrosive.”\u003c/p>\n\u003ch2>Budget a Flashpoint For Public Safety Debate\u003c/h2>\n\u003cp>Last June, anger at the police spilled into public meetings as the City Council unanimously voted to increase funding for the Bakersfield Police Department just weeks after the murder of George Floyd.\u003c/p>\n\u003cp>The City Council used money from Measure N, a public safety and services budgeting measure, which narrowly passed by 97 votes, winning by 0.05% in 2018. At the time, the city proposed using the funds on a wide range of services, including emergency response, police and fire protection, various anti-crime efforts, addressing homelessness and attracting jobs and businesses.\u003c/p>\n\u003cp>But even as Bakersfield added more officers to the force, the number of \u003ca href=\"https://bakersfieldnow.com/news/local/2021-homicide-numbers-expected-to-surpass-deadliest-record-set-last-year-bpd-says\">homicides increased\u003c/a>, a number both the police and city residents cited at public meetings in May and June.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe title=\"Bakersfield Police Department Budget by Fiscal Year \" aria-label=\"Column Chart\" id=\"datawrapper-chart-g6UDA\" src=\"https://datawrapper.dwcdn.net/g6UDA/6/\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"400\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>In public testimony at the most recent City Council meeting in early June, Bakersfield residents laid out their main concern: a desire to feel safe, some from criminals, and others from the police.\u003c/p>\n\u003cp>“I’d like to see some policemen reform,” Christ First Ministries Pastor Josephate Jordan said. “But to defund the police when we have areas of our community that are not patrolled regularly? Well, we have crime running rampant.”\u003c/p>\n\u003cp>Others called for the city to move more money toward services.\u003c/p>\n\u003cp>“Put the funding somewhere it can be utilized like MLK Park,” Christina Crompton urged the councilmembers on June 2. “I take my kids all the time. I go out there, I pick up trash in the park, I pick up needles in the park.”\u003c/p>\n\u003cp>Crompton, 22, told a reporter that she wants to see the funds spent on public projects instead of more police officers. Crompton’s cousin is Tatyana Hargrove, a young woman whose high-profile encounter with police in 2017 has since galvanized activists.\u003c/p>\n\u003cp>Four years ago, Bakersfield police officers sought a 160-pound, 5-foot-10-inch Black man who had attempted to stab a grocery store clerk with a machete. According to police reports, officers stopped Hargrove, a 120-pound woman who was 8 inches shorter. Officers punched her, set a dog on her and put her in the back of a patrol cruiser before realizing she was a woman.\u003c/p>\n\u003cp>Charges against Hargrove were dropped. She lost a lawsuit for excessive force against the city.\u003c/p>\n\u003cp>Community leaders like Matthews and activists like Crompton have since highlighted Hargrove’s case as an example of how excessive force costs the Police Department trust with the community as a whole.\u003c/p>\n\u003cp>“Imagine how our family felt,” Crompton said. “Do you know a pain in your chest? You know how when you’re in trouble and it gets very heavy and you can’t breathe. That’s the pain our family felt in our hearts when Tatyana was beaten by the police.”\u003c/p>\n\u003cp>These kinds of incidents make it less likely for people to report crime, Crompton said, and that makes it harder for officers to solve crimes.\u003c/p>\n\u003cp>“Who’s going to be there to protect us at the end of the day?” Crompton asked. “Who are we going to call? We’re scared of them.”\u003c/p>\n\u003cfigure id=\"attachment_11878056\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton.jpg\">\u003cimg class=\"size-medium wp-image-11878056\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Christina Crompton works at a community garden on May 21, 2021 in southeast Bakersfield, California, where they distribute free produce. Better cultural training and increased diversity would decrease tension and mistrust between police and community members, Crompton said. \u003ccite>(Anne Daughtery/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Advocates say Crompton is not alone.\u003c/p>\n\u003cp>In a poll conducted by the independent Bakersfield Police Department Community Collaborative, about one in five people said they did not feel comfortable requesting assistance from the agency in an emergency situation.\u003c/p>\n\u003cp>“There are just too many incidents,” said Traco Matthews, who co-chaired the collaborative. \u003ca href=\"https://bloximages.newyork1.vip.townnews.com/bakersfield.com/content/tncms/assets/v3/editorial/0/62/062967f4-8917-11eb-83fb-270d07507ba2/6055483d3425e.pdf.pdf\">The reforms his group recommended\u003c/a> to the City Council last month include that the department follow up on policy changes first proposed by the U.S. Department of Justice in 2004, diversify the force and hire an independent auditor. The council accepted the recommendations without comment.\u003c/p>\n\u003ch2>When and How Are Broken Bones Counted?\u003c/h2>\n\u003cp>Six years ago, about 5 miles south of where Hargrove was stopped by the Bakersfield police, Arturo Gonzalez stepped out of his house — and into another case of mistaken identity, also by Bakersfield police.\u003c/p>\n\u003cp>In January 2015, the Bakersfield Police Department sent four officers to Gonzalez’s house to perform a welfare check after his son, also named Arturo Gonzalez, called 911 “rambling, not making too much sense.” Records show police officers prepared for the younger Gonzalez to ambush them. A 911 dispatcher called Gonzalez Sr., who said that his son wasn’t at the house; according to a transcript, the dispatcher then notified officers that the elder Gonzalez was coming outside to meet them. Video captured by a neighbor’s camera shows Gonzalez shuffling backward, arms raised, and lit by flashlights and a flood light in his driveway. After he kneels, officers knock him flat, then beat and knee the elder Gonzalez. Among his injuries were broken ribs.\u003cbr>\n[pullquote align=\"right\" citation=\"Arturo Gonzalez\"]'When I come outside of my house, I think about the attack.'[/pullquote]\u003cbr>\n“If this isn’t a serious bodily injury I don’t know what a serious bodily injury is,” said Thomas Seabaugh, a lawyer for Gonzalez. But Gonzalez’s case isn’t counted among the 109 cases between 2014 and 2019 the department released under the state transparency law.\u003c/p>\n\u003cp>After realizing that they arrested the wrong man, police transported Gonzalez to Mercy Southwest Hospital in an ambulance, handcuffed to a gurney. Gonzalez was not charged with a crime.\u003c/p>\n\u003cp>No broken bones are documented in the initial police report, said Lt. Ryan Kroeker, a spokesman for the Bakersfield Police Department, who added that “there were no obvious injuries.”\u003c/p>\n\u003cp>Gonzalez returned to Mercy, still complaining of pain, two days later. But it wasn’t until a week later, at his primary care physician, that X-rays revealed the extent of his injuries. After blows delivered by the officers, injuries diagnosed by at least three doctors included broken ribs, a damaged spine and torn tendons in his left shoulder.\u003c/p>\n\u003cp>Generally, going to the hospital reflects a serious injury, said use-of-force expert Stoughton. It’s common in use-of-force investigations for someone to contact the individual and ask whether they received additional medical treatment, he said.\u003c/p>\n\u003cp>“You know, that's not a hard thing to check up on,” Stoughton said. “We’re talking about a 15-minute phone call.”\u003c/p>\n\u003cfigure id=\"attachment_11878073\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings.jpg\">\u003cimg class=\"size-medium wp-image-11878073\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Arturo Gonzalez shows reporters his paintings of a Mexican woman reclining, and a tulip with figure. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At multiple departments, records released under the state’s transparency law \u003ca href=\"https://www.mercurynews.com/2020/07/21/bay-area-news-group-sues-san-jose-for-failure-to-release-police-discipline-use-of-force-records/\">have so far\u003c/a> \u003ca href=\"https://www.kqed.org/news/11817288/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records\">been incomplete\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings\">requiring significant\u003c/a> \u003ca href=\"https://www.latimes.com/california/story/2021-03-19/sb-1421-sheriffs-department-disclosure\">legal follow-up\u003c/a>. Even where police departments produce records, as in Bakersfield, the information doesn’t reflect the whole story. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB16\">A proposal \u003c/a>now moving through the state Legislature would, if passed, make records available for all uses of force found excessive or unreasonable, regardless of injury, and set a deadline for agencies to do so.\u003c/p>\n\u003cp>“We’re trusting the police to keep the data on themselves,” said attorney Thomas Seabaugh. “It’s like trusting the corporation to tell us when it has polluted.”\u003c/p>\n\u003cp>Six years later, Gonzalez said he is still crippled with pain from the injuries and is still receiving care. The cost of treatment has continued to add up, from steroid injections to shoulder surgery. In late May, his doctor recommended another surgery on his back, Gonzalez said.\u003c/p>\n\u003cp>This and other incidents have also cost money for local taxpayers. Gonzalez brought a civil rights case against the officers, including one who was present but did nothing to stop the beating, and settled with the city in 2018 for $125,000.\u003c/p>\n\u003cp>From 2014 to 2019 the city paid out more than $1 million in 10 separate settlements for civil rights, excessive force and personal injury claims related to the police. During the same time period the city settled for an additional $1.525 million in seven wrongful death suits, also all related to the police.\u003c/p>\n\u003cp>Gonzalez said that he doesn’t go out much anymore because he’s afraid that the police might stop him.\u003c/p>\n\u003cp>It’s also hard to feel safe at home, he said.\u003c/p>\n\u003cp>“When I come outside of my house, I think about the attack,” he said. “And I think about police officers doing this to me.”\u003c/p>\n\u003cp>After decades working in heavy labor, Gonzalez planned to devote his retirement to art. His acrylic and oil paintings adorn the walls of his house. In his entryway, Pine Mountain in Ojai, California; on his dining room wall, a beautiful Mexican woman. A few more in the living room; others throughout the house. He started painting in seventh grade.\u003c/p>\n\u003cp>“For [painting] you have to be calm and peaceful,” Gonzalez said. “The pain is going to trigger you out of that.”\u003c/p>\n\u003cp>That’s why he says he hasn’t been painting recently. Sitting for long periods is arduous. It’s too hard to raise his arms.\u003c/p>\n\u003cp>\u003cem>Alexandra Hall, Noah Baustin, Lily Taylor, Eric Ting, Daniel Wu and Ying Zhao contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state, including \u003ca href=\"https://journalism.stanford.edu/\">Stanford Journalism\u003c/a>’s Watchdog Reporting Class, the \u003ca href=\"https://journalism.berkeley.edu/programs/mj/investigative-reporting/\">UC Berkeley Graduate School of Journalism’s Investigative Reporting Program\u003c/a> and KQED. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003ch2>How We Did It\u003c/h2>\n\u003cp>We wanted to know how Bakersfield Police Department officers use force and how that force was investigated. In 2019, reporters from the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a>, a collaborative effort involving 40 newsrooms across the state, requested under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\">Senate Bill 1421\u003c/a> records about uses of force that resulted in serious bodily injury and cases involving police misconduct from 2014 to 2018. In 2020, the collaboration asked for the records for cases that met the same standards that occurred in 2019. We confirmed with the city attorney that we had all disciplinary records available through the law.\u003c/p>\n\u003cp>Two researchers read each case and entered information into a database. An editor reviewed the entries to make a final determination. We analyzed data on cases from the Bakersfield Police Department from 2014 to 2019 to learn more about cases where an officer broke someone’s bone. That data included information on the use of force, administrative findings and discipline.\u003c/p>\n\u003cp>We spoke with officers in the Public Affairs and the Quality Assurance Unit about how they trained officers and review use-of-force cases. The Police Department said that they did not turn over Arturo Gonzalez’s case because they did not know the extent of his injuries at the time. Lt. Kroeker said the cases documented uses of force that were within policy and reviewed in the routine fashion. We did not reach out individually to police officers named in the records.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Using batons, police caused fractures in some Bakersfield residents accused of serious crimes, and others who were never charged, or had charges dismissed.","status":"publish","parent":0,"modified":1623803331,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://datawrapper.dwcdn.net/iBUnj/3/","https://datawrapper.dwcdn.net/g6UDA/6/"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":86,"wordCount":4208},"headData":{"title":"Bakersfield Police Broke 31 People’s Bones in Four Years. No Officer Has Been Disciplined for It | KQED","description":"Using batons, police caused fractures in some Bakersfield residents accused of serious crimes, and others who were never charged, or had charges dismissed.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11878013 https://ww2.kqed.org/news/?p=11878013","disqusUrl":"https://ww2.kqed.org/news/2021/06/16/bakersfield-police-broke-31-peoples-bones-in-four-years-no-officer-has-been-disciplined-for-it/","disqusTitle":"Bakersfield Police Broke 31 People’s Bones in Four Years. No Officer Has Been Disciplined for It","nprByline":"Lisa Pickoff-White, KQED; Ross Ewald and Danielle Echeverria, Stanford University; Anne Daugherty, UC Berkeley","path":"/news/11878013/bakersfield-police-broke-31-peoples-bones-in-four-years-no-officer-has-been-disciplined-for-it","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-size: 4.6875em; float: left; line-height: 0.733em; padding: 0.05em 0.1em 0 0; font-family: times, serif, georgia;\">O\u003c/span>n Nov. 24, 2017, Robert Cruz Jr. biked north along Baker Street, on a quiet block straddling Bakersfield’s once-thriving old town and struggling new, restaurants interspersed with a rehab center and a prepaid phone store. A little before midnight, two officers noticed that the 37-year-old Cruz didn’t have a front light on his bicycle. A patrol officer chased Cruz to a nearby yard. There, Cruz crouched behind a child’s play tunnel, and the officer struck his arm with a baton.\u003c/p>\n\u003cp>According to a police report, Cruz shouted “I didn’t do anything” twice before the officer struck again. The patrolmen arrested Cruz for assaulting an officer, resisting arrest and for the missing bike light. Before taking him to jail, an ambulance brought Cruz to the hospital, a bone sticking out of his skin.\u003c/p>\n\u003cp>Between 2016 and 2019, Bakersfield police officers used force that broke at least 45 bones in 31 people, an analysis of public records shows. The city of Bakersfield released the documents under a\u003ca href=\"https://www.kqed.org/news/11758000/delaying-the-inevitable-many-police-agencies-withhold-records-in-new-era-of-transparency\"> recent California law that increases transparency in policing\u003c/a>. The records released include those cases that involved serious injury or death. A third of the time, injuries reported included one or more broken bones.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Can we get to a place where use-of-force incidents, especially serious use-of-force incidents, are less and the public is still safe?'","name":"pullquote","attributes":{"named":{"align":"right","citation":"Traco Matthews, Bakersfield policing committee co-chair","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nBesides Cruz, two other bicyclists stopped by patrol officers for code violations suffered broken bones during that four-year period. They also ended up at the hospital, one with head fractures, the other a broken leg. Some of the 31 people were later convicted of serious crimes, but an analysis of police reports reveals that others had charges dismissed, or never faced charges at all. While wrestling in a pile of blankets with a 57-year-old woman who was suspected of trespassing in a Greyhound station, officers broke her wrist. And when one man allegedly violated the \u003ca href=\"https://bakersfield.municipal.codes/Code/12.56.050\">city’s curfew\u003c/a> in Martin Luther King Jr. Park, officers tased and hit him with a baton, breaking his leg.\u003c/p>\n\u003cp>In all 31 cases involving broken bones, the Bakersfield Police Department determined that none of the officers involved violated departmental policy.\u003c/p>\n\u003cp>Breaking a bone is a brutal act, said Bakersfield Police Sgt. Robert Pair, a spokesman for the department. But it’s also not unusual.\u003c/p>\n\u003cp>“It's the unfortunate reality that force is sometimes used in defense of officers and others, and that's the world we live in,” Pair said. “I don't think that that is an alarming number at all.”\u003c/p>\n\u003cp>The number of broken bones is disturbing to Stephanie Padilla, a staff attorney for the \u003ca href=\"https://www.aclusocal.org/sites/default/files/patterns_practices_police_excessive_force_kern_county_aclu-ca_paper.pdf\">American Civil Liberties Union\u003c/a> of Southern California.\u003c/p>\n\u003cp>“I do think that is high, and I do think that is a really troubling number that one out of three [serious] use-of-force cases result in broken bones,” Padilla said. “It tracks what individuals in the community have shared with us.”\u003c/p>\n\u003cfigure id=\"attachment_11878038\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield.jpg\">\u003cimg class=\"size-medium wp-image-11878038\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Traco Matthews sits in his home on May 20, 2021 in Bakersfield, California. Matthews worked with the Bakersfield Police Department and community groups to recommend policing reforms, and chairs the Community Collaborative Use of Force Policy and Oversight Committee. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This week, the \u003ca href=\"https://www.bakersfieldcity.us/458/City-Council\">Bakersfield City Council\u003c/a> will vote on whether to allocate $133 million next year to policing. That would raise the department’s share to 42% of the city budget and add 28 police officers.\u003c/p>\n\u003cp>The council’s budget hearings are the latest venue for a public debate about the quality of policing in Bakersfield, where voters narrowly approved a 1% sales tax increase to boost funding for essential services three years ago.\u003c/p>\n\u003cp>The city pitched the sales tax as a public safety measure, but residents of Bakersfield still disagree about how best to keep the public safe. The Police Department has proposed hiring 100 officers within three years. But it remains the target of a \u003ca href=\"https://www.kget.com/news/local-news/california-department-of-justice-investigates-bakersfield-police-department/\">California Department of Justice investigation opened more than four years ago\u003c/a> by then-Attorney General Kamala Harris. Demands for policing reforms — including defunding or even \u003ca href=\"https://peoplesbudgetbako.com/about/\">abolishing the department\u003c/a> — accelerated during Black Lives Matter protests last summer.\u003c/p>\n\u003cp>“I think we stand on the precipice of a critical juncture, a critical moment here in Bakersfield and in Kern County,” said Traco Matthews, a local Black civic leader and chief program officer at the nonprofit \u003ca href=\"https://www.capk.org/\">Community Action Partnership of Kern\u003c/a>. Matthews co-chairs an independent committee convened by the City Council that has offered recommendations for police reform. “Can we get to a place where use-of-force incidents, especially serious use-of-force incidents, are less and the public is still safe? And every citizen, every resident, feels like they are part of this family of Bakersfield being protected and served by BPD? Absolutely.”\u003c/p>\n\u003ch2>Multiple Layers of Review, Says Department\u003c/h2>\n\u003cp>Among all of the cases released by the department, internal reports concluded that the force Bakersfield police used to cause a fracture was reasonable: each dog bite, every control hold, every physical strike and every strike of the baton. Using batons, officers broke bones in 26 people; once, an officer broke the baton.\u003c/p>\n\u003cp>Following every incident, the department applied a careful review process, said Sgt. Pair.\u003c/p>\n\u003cp>“It's not a carte blanche that you can use a baton, go out there and use a baton whenever you want to,” Pair said. “Each one is … scrutinized under the facts and circumstances of its own event.”\u003c/p>\n\u003cp>That scrutiny has layers. When a Bakersfield police officer uses force, the officer must report it to a supervisor, usually the sergeant on duty, according to the department’s manual.\u003c/p>\n\u003cp>The manual then directs sergeants to ensure that the person injured receives medical treatment and to investigate the incident. Policy directs sergeants to examine the scene, review video footage, interview witnesses and talk to the injured person if they consent.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Police Misconduct ","hero":"https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43990_iStock-943697000-qut.jpg","herourl":"https://projects.scpr.org/california-reporting-project/","link1":"https://www.kqed.org/news/11828774/a-chp-officer-harassed-21-women-agency-fired-bad-apple-but-didnt-pursue-criminal-charges,A CHP Officer Harassed 21 Women, Agency Fired 'Bad Apple' But Didn't Pursue Criminal Charges","link2":"https://www.latimes.com/california/story/2021-03-19/sb-1421-sheriffs-department-disclosure,What Secret Files on Police Officers Tell Us About Law Enforcement Misconduct","link3":"https://projects.scpr.org/california-reporting-project/,More stories from the California Reporting Project"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nIn Bakersfield, every sergeant also writes a report about any use of force. And every sergeant’s report must be reviewed by the watch commander, a lieutenant. Department spokespeople say that captains sometimes review use-of-force reports, too.\u003c/p>\n\u003cp>When the force used is deemed reasonable, that sergeant’s report may be brief, as in the case of Robert Cruz Jr., stopped for lacking a bicycle light. In that case, the sergeant’s description of what happened was five sentences long.\u003c/p>\n\u003cp>Officer Andrew Celedon reported that Cruz abandoned his bike when approached by a patrol car and ran for a nearby yard. There, he tried to jump a fence; Celedon pulled him down to the ground, where he curled up behind a play tunnel. When Celedon wrote up the incident, he emphasized the darkness in the yard and the possibility that Cruz could carry a knife, gun or weapons in his baggy clothes. Celedon stated he struck Cruz, who was crouched in a fetal position, with a baton.\u003c/p>\n\u003cp>Kevin Robinson, an instructor at \u003ca href=\"https://ccj.asu.edu/\">Arizona State University’s School of Criminology and Criminal Justice\u003c/a> and a 37-year veteran of the Phoenix Police Department, said the goal of an investigation should be to decide whether the force used was appropriate.\u003c/p>\n\u003cp>“Bakersfield in my mind has the right steps in place,” Robinson said of the department’s policies. “Supervisors should come out and review every use of force.”\u003c/p>\n\u003cp>Within two weeks, Sgt. Charles Sherman concluded that strike against Cruz was an effective use of force, necessary for self-defense.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cfigure id=\"attachment_11878047\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building.jpg\">\u003cimg class=\"size-medium wp-image-11878047\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sergeants are supposed to review and write a report about all uses of force at the Bakersfield Police Department. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Are the Reviews Enough?\u003c/h2>\n\u003cp>Seth Stoughton, \u003ca href=\"https://sc.edu/study/colleges_schools/law/faculty_and_staff/directory/stoughton_seth.php\">University of South Carolina School of Law\u003c/a> associate professor, reviewed the Robert Cruz Jr. report. Like others provided in response to a records request, the Police Department retrieved that report from incident tracking software sold to law enforcement agencies called \u003ca href=\"https://blueteamcorp.com/\">BlueTeam\u003c/a>. In it, Cruz is described as fleeing and resisting arrest, both legal conclusions offered without support.\u003c/p>\n\u003cp>Stoughton, who testified for the prosecution at Derek Chauvin’s trial in the killing of George Floyd, said the report was “woefully inadequate” to examine an individual event.\u003c/p>\n\u003cp>Good investigations of incidents like this are wide-ranging, he said. After-action reports should look back at what happened in detail and also look forward to offer ways to improve outcomes in the future, regardless of fault.\u003c/p>\n\u003cp>For the incident in which a Bakersfield officer broke Cruz’s bone, the sergeant’s report “does not have anywhere near the level of detail that any competent supervisor would demand to assess, even in a very cursory fashion, the incident being described,” Stoughton said.\u003c/p>\n\u003cp>“If you're using it as one of many data points to get a bird's-eye view, then maybe this is all you need,” he said.\u003c/p>\n\u003cp>According to Bakersfield Police Sgt. Christopher Bagby, who works in the agency’s Quality Assurance Unit, the department’s use-of-force working group uses BlueTeam data to examine the effectiveness of strategy and tactics. Late in 2019, the Quality Assurance Unit also began randomized audits of the reports themselves. Sgt. Pair said that the system will automatically alert a supervisor if one of the officers under their command is using more force than normal.\u003c/p>\n\u003cp>If a sergeant sees something potentially criminal, that goes to internal affairs. That department investigates citizen complaints and also begins its own inquiries.\u003c/p>\n\u003cp>Among the 31 broken bone cases released in Bakersfield, internal affairs investigated three, the only incidents where records show citizens complained. The internal affairs office cleared every officer in those three cases.\u003c/p>\n\u003cp>Police and experts say that a review process is not a disciplinary process. Rather, it’s a way for departments to see how they can adjust and improve. Reducing violence in a community includes reducing uses of force, Stoughton said. Professional agencies need to look at each incident and ask what they can learn.\u003c/p>\n\u003cp>“Sometimes the answer is there is nothing that we could realistically change here that would have any impact,” Stoughton said. “The agency can control whether officers are issued a taser, for example, or that the agency can control how long an officer’s shift is to see if they're fatigued and making bad decisions.”\u003c/p>\n\u003cfigure id=\"attachment_11878138\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars.jpg\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-800x447.jpg\" alt=\"\" width=\"800\" height=\"447\" class=\"size-medium wp-image-11878138\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-800x447.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-1020x570.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-160x89.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-1536x858.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Bakersfield police vehicle makes patrols on Nov. 17, 2017 in Bakersfield, California. \u003ccite>(Frederic J. Brown/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Injuries Linger, Financially and With Community\u003c/h2>\n\u003cp>In 2017, Cory Joe Pearson fired a gun through the windshield of a car at his former girlfriend and her cousin, according to police reports. Bakersfield police tracked him to a Vagabond Inn. When Pearson left his room for a smoke, one officer tackled Pearson to the ground in the motel parking lot. At the same time, another officer noticed Pearson “thrashing,” and struck Pearson with a baton twice, breaking his shin bone. Four years later, Pearson said he still hasn’t recovered.\u003c/p>\n\u003cp>“I’m in constant pain, always, because of it,” Pearson said by phone from the state prison in Lancaster where he is serving a 20-year sentence for assault with a firearm. “I can’t run, I can’t play sports,” he said. “I can hardly walk.”\u003c/p>\n\u003cp>Policing experts say that batons are among the safer weapons officers carry.\u003c/p>\n\u003cp>The best thing about a baton is that officers can use it as a threat to frighten someone into compliance without striking them, said \u003ca href=\"https://www.jjay.cuny.edu/faculty/peter-moskos\">John Jay College of Criminal Justice\u003c/a> professor Peter Moskos. Any weapon that doesn’t have to be used to make a person comply is safer “because it doesn't have to be used as much.”\u003c/p>\n\u003cp>And the Bakersfield Police Department defends its use of force as judicious and skilled.\u003c/p>\n\u003cp>“We can’t do our job without use of force,” said Sgt. Lynn Martinez, who trains officers in how to use force properly. “Sometimes police officers will have to hurt people to protect themselves and others.”\u003c/p>\n\u003cp>Still, there’s a cost.\u003c/p>\n\u003cp>From 2016 to 2019, Bakersfield police officers sent an average of 304 people to the hospital per year following police encounters, an analysis of internal affairs reports shows. Officers and health workers decide where subjects of the use of force receive medical care, according to the department's policies.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe title=\"People Taken to the Hospital After Encounters With Bakersfield Police\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-iBUnj\" src=\"https://datawrapper.dwcdn.net/iBUnj/3/\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"400\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"datawrapper","attributes":{"named":{"label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>People injured by uses of force describe emotional and financial costs from an encounter with police.\u003c/p>\n\u003cp>Any use of force, even a relatively low-level use of force, is a significant event between a police department and the community, said University of South Carolina’s Stoughton, a former Florida police officer.\u003c/p>\n\u003cp>It’s “a really a significant government intrusion onto individual liberty and autonomy,” he said. “Of all of the aspects of policing, the use of force has probably the highest potential to be socially corrosive.”\u003c/p>\n\u003ch2>Budget a Flashpoint For Public Safety Debate\u003c/h2>\n\u003cp>Last June, anger at the police spilled into public meetings as the City Council unanimously voted to increase funding for the Bakersfield Police Department just weeks after the murder of George Floyd.\u003c/p>\n\u003cp>The City Council used money from Measure N, a public safety and services budgeting measure, which narrowly passed by 97 votes, winning by 0.05% in 2018. At the time, the city proposed using the funds on a wide range of services, including emergency response, police and fire protection, various anti-crime efforts, addressing homelessness and attracting jobs and businesses.\u003c/p>\n\u003cp>But even as Bakersfield added more officers to the force, the number of \u003ca href=\"https://bakersfieldnow.com/news/local/2021-homicide-numbers-expected-to-surpass-deadliest-record-set-last-year-bpd-says\">homicides increased\u003c/a>, a number both the police and city residents cited at public meetings in May and June.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe title=\"Bakersfield Police Department Budget by Fiscal Year \" aria-label=\"Column Chart\" id=\"datawrapper-chart-g6UDA\" src=\"https://datawrapper.dwcdn.net/g6UDA/6/\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"400\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>In public testimony at the most recent City Council meeting in early June, Bakersfield residents laid out their main concern: a desire to feel safe, some from criminals, and others from the police.\u003c/p>\n\u003cp>“I’d like to see some policemen reform,” Christ First Ministries Pastor Josephate Jordan said. “But to defund the police when we have areas of our community that are not patrolled regularly? Well, we have crime running rampant.”\u003c/p>\n\u003cp>Others called for the city to move more money toward services.\u003c/p>\n\u003cp>“Put the funding somewhere it can be utilized like MLK Park,” Christina Crompton urged the councilmembers on June 2. “I take my kids all the time. I go out there, I pick up trash in the park, I pick up needles in the park.”\u003c/p>\n\u003cp>Crompton, 22, told a reporter that she wants to see the funds spent on public projects instead of more police officers. Crompton’s cousin is Tatyana Hargrove, a young woman whose high-profile encounter with police in 2017 has since galvanized activists.\u003c/p>\n\u003cp>Four years ago, Bakersfield police officers sought a 160-pound, 5-foot-10-inch Black man who had attempted to stab a grocery store clerk with a machete. According to police reports, officers stopped Hargrove, a 120-pound woman who was 8 inches shorter. Officers punched her, set a dog on her and put her in the back of a patrol cruiser before realizing she was a woman.\u003c/p>\n\u003cp>Charges against Hargrove were dropped. She lost a lawsuit for excessive force against the city.\u003c/p>\n\u003cp>Community leaders like Matthews and activists like Crompton have since highlighted Hargrove’s case as an example of how excessive force costs the Police Department trust with the community as a whole.\u003c/p>\n\u003cp>“Imagine how our family felt,” Crompton said. “Do you know a pain in your chest? You know how when you’re in trouble and it gets very heavy and you can’t breathe. That’s the pain our family felt in our hearts when Tatyana was beaten by the police.”\u003c/p>\n\u003cp>These kinds of incidents make it less likely for people to report crime, Crompton said, and that makes it harder for officers to solve crimes.\u003c/p>\n\u003cp>“Who’s going to be there to protect us at the end of the day?” Crompton asked. “Who are we going to call? We’re scared of them.”\u003c/p>\n\u003cfigure id=\"attachment_11878056\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton.jpg\">\u003cimg class=\"size-medium wp-image-11878056\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Christina Crompton works at a community garden on May 21, 2021 in southeast Bakersfield, California, where they distribute free produce. Better cultural training and increased diversity would decrease tension and mistrust between police and community members, Crompton said. \u003ccite>(Anne Daughtery/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Advocates say Crompton is not alone.\u003c/p>\n\u003cp>In a poll conducted by the independent Bakersfield Police Department Community Collaborative, about one in five people said they did not feel comfortable requesting assistance from the agency in an emergency situation.\u003c/p>\n\u003cp>“There are just too many incidents,” said Traco Matthews, who co-chaired the collaborative. \u003ca href=\"https://bloximages.newyork1.vip.townnews.com/bakersfield.com/content/tncms/assets/v3/editorial/0/62/062967f4-8917-11eb-83fb-270d07507ba2/6055483d3425e.pdf.pdf\">The reforms his group recommended\u003c/a> to the City Council last month include that the department follow up on policy changes first proposed by the U.S. Department of Justice in 2004, diversify the force and hire an independent auditor. The council accepted the recommendations without comment.\u003c/p>\n\u003ch2>When and How Are Broken Bones Counted?\u003c/h2>\n\u003cp>Six years ago, about 5 miles south of where Hargrove was stopped by the Bakersfield police, Arturo Gonzalez stepped out of his house — and into another case of mistaken identity, also by Bakersfield police.\u003c/p>\n\u003cp>In January 2015, the Bakersfield Police Department sent four officers to Gonzalez’s house to perform a welfare check after his son, also named Arturo Gonzalez, called 911 “rambling, not making too much sense.” Records show police officers prepared for the younger Gonzalez to ambush them. A 911 dispatcher called Gonzalez Sr., who said that his son wasn’t at the house; according to a transcript, the dispatcher then notified officers that the elder Gonzalez was coming outside to meet them. Video captured by a neighbor’s camera shows Gonzalez shuffling backward, arms raised, and lit by flashlights and a flood light in his driveway. After he kneels, officers knock him flat, then beat and knee the elder Gonzalez. Among his injuries were broken ribs.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'When I come outside of my house, I think about the attack.'","name":"pullquote","attributes":{"named":{"align":"right","citation":"Arturo Gonzalez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n“If this isn’t a serious bodily injury I don’t know what a serious bodily injury is,” said Thomas Seabaugh, a lawyer for Gonzalez. But Gonzalez’s case isn’t counted among the 109 cases between 2014 and 2019 the department released under the state transparency law.\u003c/p>\n\u003cp>After realizing that they arrested the wrong man, police transported Gonzalez to Mercy Southwest Hospital in an ambulance, handcuffed to a gurney. Gonzalez was not charged with a crime.\u003c/p>\n\u003cp>No broken bones are documented in the initial police report, said Lt. Ryan Kroeker, a spokesman for the Bakersfield Police Department, who added that “there were no obvious injuries.”\u003c/p>\n\u003cp>Gonzalez returned to Mercy, still complaining of pain, two days later. But it wasn’t until a week later, at his primary care physician, that X-rays revealed the extent of his injuries. After blows delivered by the officers, injuries diagnosed by at least three doctors included broken ribs, a damaged spine and torn tendons in his left shoulder.\u003c/p>\n\u003cp>Generally, going to the hospital reflects a serious injury, said use-of-force expert Stoughton. It’s common in use-of-force investigations for someone to contact the individual and ask whether they received additional medical treatment, he said.\u003c/p>\n\u003cp>“You know, that's not a hard thing to check up on,” Stoughton said. “We’re talking about a 15-minute phone call.”\u003c/p>\n\u003cfigure id=\"attachment_11878073\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings.jpg\">\u003cimg class=\"size-medium wp-image-11878073\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Arturo Gonzalez shows reporters his paintings of a Mexican woman reclining, and a tulip with figure. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At multiple departments, records released under the state’s transparency law \u003ca href=\"https://www.mercurynews.com/2020/07/21/bay-area-news-group-sues-san-jose-for-failure-to-release-police-discipline-use-of-force-records/\">have so far\u003c/a> \u003ca href=\"https://www.kqed.org/news/11817288/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records\">been incomplete\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings\">requiring significant\u003c/a> \u003ca href=\"https://www.latimes.com/california/story/2021-03-19/sb-1421-sheriffs-department-disclosure\">legal follow-up\u003c/a>. Even where police departments produce records, as in Bakersfield, the information doesn’t reflect the whole story. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB16\">A proposal \u003c/a>now moving through the state Legislature would, if passed, make records available for all uses of force found excessive or unreasonable, regardless of injury, and set a deadline for agencies to do so.\u003c/p>\n\u003cp>“We’re trusting the police to keep the data on themselves,” said attorney Thomas Seabaugh. “It’s like trusting the corporation to tell us when it has polluted.”\u003c/p>\n\u003cp>Six years later, Gonzalez said he is still crippled with pain from the injuries and is still receiving care. The cost of treatment has continued to add up, from steroid injections to shoulder surgery. In late May, his doctor recommended another surgery on his back, Gonzalez said.\u003c/p>\n\u003cp>This and other incidents have also cost money for local taxpayers. Gonzalez brought a civil rights case against the officers, including one who was present but did nothing to stop the beating, and settled with the city in 2018 for $125,000.\u003c/p>\n\u003cp>From 2014 to 2019 the city paid out more than $1 million in 10 separate settlements for civil rights, excessive force and personal injury claims related to the police. During the same time period the city settled for an additional $1.525 million in seven wrongful death suits, also all related to the police.\u003c/p>\n\u003cp>Gonzalez said that he doesn’t go out much anymore because he’s afraid that the police might stop him.\u003c/p>\n\u003cp>It’s also hard to feel safe at home, he said.\u003c/p>\n\u003cp>“When I come outside of my house, I think about the attack,” he said. “And I think about police officers doing this to me.”\u003c/p>\n\u003cp>After decades working in heavy labor, Gonzalez planned to devote his retirement to art. His acrylic and oil paintings adorn the walls of his house. In his entryway, Pine Mountain in Ojai, California; on his dining room wall, a beautiful Mexican woman. A few more in the living room; others throughout the house. He started painting in seventh grade.\u003c/p>\n\u003cp>“For [painting] you have to be calm and peaceful,” Gonzalez said. “The pain is going to trigger you out of that.”\u003c/p>\n\u003cp>That’s why he says he hasn’t been painting recently. Sitting for long periods is arduous. It’s too hard to raise his arms.\u003c/p>\n\u003cp>\u003cem>Alexandra Hall, Noah Baustin, Lily Taylor, Eric Ting, Daniel Wu and Ying Zhao contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state, including \u003ca href=\"https://journalism.stanford.edu/\">Stanford Journalism\u003c/a>’s Watchdog Reporting Class, the \u003ca href=\"https://journalism.berkeley.edu/programs/mj/investigative-reporting/\">UC Berkeley Graduate School of Journalism’s Investigative Reporting Program\u003c/a> and KQED. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003ch2>How We Did It\u003c/h2>\n\u003cp>We wanted to know how Bakersfield Police Department officers use force and how that force was investigated. In 2019, reporters from the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a>, a collaborative effort involving 40 newsrooms across the state, requested under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\">Senate Bill 1421\u003c/a> records about uses of force that resulted in serious bodily injury and cases involving police misconduct from 2014 to 2018. In 2020, the collaboration asked for the records for cases that met the same standards that occurred in 2019. We confirmed with the city attorney that we had all disciplinary records available through the law.\u003c/p>\n\u003cp>Two researchers read each case and entered information into a database. An editor reviewed the entries to make a final determination. We analyzed data on cases from the Bakersfield Police Department from 2014 to 2019 to learn more about cases where an officer broke someone’s bone. That data included information on the use of force, administrative findings and discipline.\u003c/p>\n\u003cp>We spoke with officers in the Public Affairs and the Quality Assurance Unit about how they trained officers and review use-of-force cases. The Police Department said that they did not turn over Arturo Gonzalez’s case because they did not know the extent of his injuries at the time. Lt. Kroeker said the cases documented uses of force that were within policy and reviewed in the routine fashion. We did not reach out individually to police officers named in the records.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11878013/bakersfield-police-broke-31-peoples-bones-in-four-years-no-officer-has-been-disciplined-for-it","authors":["byline_news_11878013"],"categories":["news_6188","news_8","news_13"],"tags":["news_5563","news_27626","news_24767","news_25132","news_25418"],"featImg":"news_11878018","label":"news"},"news_11872830":{"type":"posts","id":"news_11872830","meta":{"index":"posts_1591205157","site":"news","id":"11872830","score":null,"sort":[1620435432000]},"guestAuthors":[],"slug":"new-california-ag-continues-to-withhold-important-police-records-despite-effort-to-increase-transparency","title":"New California AG Continues to Withhold Important Police Records Despite 'Effort to Increase Transparency'","publishDate":1620435432,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>California's new Attorney General Rob Bonta announced an \"effort to increase transparency\" and \"accelerate\" the release of police use-of-force and misconduct records Friday, well over two years after a landmark police transparency law granted public access to those files and KQED requested them via the state Public Records Act.\u003c/p>\n\u003cp>But Bonta's \u003ca href=\"https://oag.ca.gov/news/press-releases/effort-increase-transparency-attorney-general-bonta-accelerate-release-peace\">press release\u003c/a> glosses over or completely omits aspects of long-running litigation brought by KQED and the First Amendment Coalition, including the California Department of Justice's continued withholding of some of the most crucial files related to potential crimes committed by police officers, according to attorneys involved in the case.\u003c/p>\n\u003cp>\"For decades, peace officer misconduct records have been shrouded in secrecy,\" Bonta said in a press release. \"At the California Department of Justice, we know it's on us to set the standard and we're ready to take on this important challenge.\"\u003c/p>\n\u003cp>The announcement comes amid an ongoing lawsuit filed by the First Amendment Coalition and KQED in early 2019, after Bonta's predecessor Xavier Becerra refused to provide state-level records on police shootings, sexual assault and dishonesty by law enforcement.\u003c/p>\n\u003cp>[aside postID=\"news_11730624,news_11747908,news_11798901\" label=\"The Fight Over Police Records\"]\"We are glad the Attorney General has now expressed a commitment to transparency and we would welcome that approach in this case,\" said David Snyder, executive director of the First Amendment Coalition. \"We look forward to finally seeing the public records we requested more than two years ago.\"\u003c/p>\n\u003cp>But the attorney general didn't decide to speed up the release of records on his own. That was ordered by a judge, according to KQED's attorney Thomas Burke.\u003c/p>\n\u003cp>\"This schedule is something that the court ordered in this litigation,\" Burke said. \"But we look forward to what purports to be a new commitment to transparency by the attorney general.\"\u003c/p>\n\u003cp>The files released by the attorney general's office so far have consisted of police incident reports and other documents created by local law enforcement agencies. But FAC and KQED's litigation has exposed that the the state Department of Justice also conducts reviews of decisions by local prosecutors in at least some police shooting cases, as well as other cases that may involve criminal misconduct by law enforcement officers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"They have made it clear that they plan to withhold the attorney general reports about whether or not shootings were appropriate,\" Burke said of the so-called \"conflict review\" files that Bonta's office has argued are exempt from disclosure. \"If the attorney general is serious about transparency, he ought to act to make sure that he is making those reviews public.\"\u003c/p>\n\u003cp>\"Attorney General Bonta is committed to transparency,\" the Attorney General's press office wrote in response to a request for comment. \"The Attorney General is taking a look at the issues here and the pending litigation that is involved. This is his second week in office and today's update reflects the importance of this issue to him.\"\u003c/p>\n\u003cp>Bonta's announcement goes on to say that the Attorney General's Office will provide all the responsive records created by local police and sheriff's departments by Sept. 26. A month later, the attorney general is ordered to produce a list of all records it has withheld from production.\u003c/p>\n\u003cp>And by mid-November, KQED, FAC and the Attorney General's Office are scheduled to be back in San Francisco Superior Court to argue \"any remaining legal disputes concerning the production,\" according to Judge Richard Ulmer's order issued Friday.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"An announcement by Attorney General Rob Bonta glosses over his office's continued withholding of some of the most crucial files related to potential crimes committed by police officers.","status":"publish","parent":0,"modified":1620667873,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":591},"headData":{"title":"New California AG Continues to Withhold Important Police Records Despite 'Effort to Increase Transparency' | KQED","description":"An announcement by Attorney General Rob Bonta glosses over his office's continued withholding of some of the most crucial files related to potential crimes committed by police officers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11872830 https://ww2.kqed.org/news/?p=11872830","disqusUrl":"https://ww2.kqed.org/news/2021/05/07/new-california-ag-continues-to-withhold-important-police-records-despite-effort-to-increase-transparency/","disqusTitle":"New California AG Continues to Withhold Important Police Records Despite 'Effort to Increase Transparency'","path":"/news/11872830/new-california-ag-continues-to-withhold-important-police-records-despite-effort-to-increase-transparency","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California's new Attorney General Rob Bonta announced an \"effort to increase transparency\" and \"accelerate\" the release of police use-of-force and misconduct records Friday, well over two years after a landmark police transparency law granted public access to those files and KQED requested them via the state Public Records Act.\u003c/p>\n\u003cp>But Bonta's \u003ca href=\"https://oag.ca.gov/news/press-releases/effort-increase-transparency-attorney-general-bonta-accelerate-release-peace\">press release\u003c/a> glosses over or completely omits aspects of long-running litigation brought by KQED and the First Amendment Coalition, including the California Department of Justice's continued withholding of some of the most crucial files related to potential crimes committed by police officers, according to attorneys involved in the case.\u003c/p>\n\u003cp>\"For decades, peace officer misconduct records have been shrouded in secrecy,\" Bonta said in a press release. \"At the California Department of Justice, we know it's on us to set the standard and we're ready to take on this important challenge.\"\u003c/p>\n\u003cp>The announcement comes amid an ongoing lawsuit filed by the First Amendment Coalition and KQED in early 2019, after Bonta's predecessor Xavier Becerra refused to provide state-level records on police shootings, sexual assault and dishonesty by law enforcement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11730624,news_11747908,news_11798901","label":"The Fight Over Police Records "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"We are glad the Attorney General has now expressed a commitment to transparency and we would welcome that approach in this case,\" said David Snyder, executive director of the First Amendment Coalition. \"We look forward to finally seeing the public records we requested more than two years ago.\"\u003c/p>\n\u003cp>But the attorney general didn't decide to speed up the release of records on his own. That was ordered by a judge, according to KQED's attorney Thomas Burke.\u003c/p>\n\u003cp>\"This schedule is something that the court ordered in this litigation,\" Burke said. \"But we look forward to what purports to be a new commitment to transparency by the attorney general.\"\u003c/p>\n\u003cp>The files released by the attorney general's office so far have consisted of police incident reports and other documents created by local law enforcement agencies. But FAC and KQED's litigation has exposed that the the state Department of Justice also conducts reviews of decisions by local prosecutors in at least some police shooting cases, as well as other cases that may involve criminal misconduct by law enforcement officers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"They have made it clear that they plan to withhold the attorney general reports about whether or not shootings were appropriate,\" Burke said of the so-called \"conflict review\" files that Bonta's office has argued are exempt from disclosure. \"If the attorney general is serious about transparency, he ought to act to make sure that he is making those reviews public.\"\u003c/p>\n\u003cp>\"Attorney General Bonta is committed to transparency,\" the Attorney General's press office wrote in response to a request for comment. \"The Attorney General is taking a look at the issues here and the pending litigation that is involved. This is his second week in office and today's update reflects the importance of this issue to him.\"\u003c/p>\n\u003cp>Bonta's announcement goes on to say that the Attorney General's Office will provide all the responsive records created by local police and sheriff's departments by Sept. 26. A month later, the attorney general is ordered to produce a list of all records it has withheld from production.\u003c/p>\n\u003cp>And by mid-November, KQED, FAC and the Attorney General's Office are scheduled to be back in San Francisco Superior Court to argue \"any remaining legal disputes concerning the production,\" according to Judge Richard Ulmer's order issued Friday.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11872830/new-california-ag-continues-to-withhold-important-police-records-despite-effort-to-increase-transparency","authors":["3206"],"categories":["news_6188","news_8","news_13"],"tags":["news_18538","news_24767","news_24770","news_24725","news_17968","news_3674","news_25132","news_20378"],"featImg":"news_11872842","label":"news"},"news_11826773":{"type":"posts","id":"news_11826773","meta":{"index":"posts_1591205157","site":"news","id":"11826773","score":null,"sort":[1593518433000]},"guestAuthors":[],"slug":"ca-police-reform-proposal-replace-some-social-service-callouts-more-unsealed-records","title":"CA Police Reform Proposal: Replace Some Social Service Callouts, More Unsealed Records","publishDate":1593518433,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>State Sen. Nancy Skinner, D-Berkeley, introduced two new police reform bills on Monday that would provide more public access to misconduct records, and divert responses to some emergencies away from armed officers.\u003c/p>\n\u003cp>Senate Bill 776 aims to broaden and strengthen police transparency requirements, while Senate Bill 773 would redirect 911 calls about mental health or drug overdose emergencies to social service agencies rather than law enforcement. [pullquote size='medium' align='right' citation='State Sen. Nancy Skinner']'Are these officers with a history of egregious misconduct, with a history of egregious racist or discriminatory actions or a history of egregious uses of force? Without knowing that, we can't hold our local agencies accountable and we can't really have trust in policing.'[/pullquote]\u003c/p>\n\u003cp>In January 2019, Skinner’s police transparency law SB 1421 went into effect. While that law provided a first look into limited types of police misconduct and uses of force investigations that had been hidden since the 1970s, many requestors including KQED, have been stymied by agencies’ long delays, \u003ca href=\"https://www.kqed.org/news/11826159/lawsuit-sonoma-deputy-assaulted-black-man-sleeping-in-car-then-covered-it-up\" target=\"_blank\" rel=\"noopener noreferrer\">narrow readings of the law\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11730624/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records\" target=\"_blank\" rel=\"noopener noreferrer\">legal challenges\u003c/a> to disclosure.\u003c/p>\n\u003cp>Skinner said seeing the long list of prior complaints against Derek Chauvin, the former Minneapolis police officer who killed George Floyd in May, generated new urgency for her to close loopholes in SB 1421.\u003c/p>\n\u003cp>“It's necessary that our communities know who is in their police forces,” Skinner said. “Are these officers with a history of egregious misconduct, with a history of egregious racist or discriminatory actions or a history of egregious uses of force? Without knowing that, we can't hold our local agencies accountable and we can't really have trust in policing.” [ad fullwidth]\u003c/p>\n\u003cp>Notably, SB 776 would make public the disciplinary records of officers’ investigated for bias — including racism, homophobia or anti-Semitism. That category of misconduct was not included in the original law.\u003c/p>\n\u003cp>Records related to the two categories of misconduct — official dishonesty and sexual assault — that were delineated in SB 1421 would also be broadened. Skinner’s proposal would require police agencies to turn over the records of officers who resign before an investigation is completed.\u003c/p>\n\u003cp>In 2019, KQED asked San Leandro for records related to former police officer Marco Becerra’s alleged sexual assault of a 17-year-old that he met through a program for young people who are interested in law enforcement. But San Leandro told KQED no responsive records existed.\u003c/p>\n\u003cp>“The City did not complete an investigation and no sustained finding was made by the City against Mr. Becerra,” a lawyer for the city wrote.\u003c/p>\n\u003cp>Becerra was charged by the Alameda District Attorney with three counts of unlawful sex with a minor. Those charges were eventually \u003ca href=\"https://www.eastbaytimes.com/2018/07/10/charges-dropped-for-ex-san-leandro-cop-accused-of-having-sex-with-minor/\" target=\"_blank\" rel=\"noopener noreferrer\">dropped\u003c/a>.\u003c/p>\n\u003cp>In another instance, the city of Rohnert Park kept misconduct records secret through a \u003ca href=\"https://www.kqed.org/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law\" target=\"_blank\" rel=\"noopener noreferrer\">settlement\u003c/a> with a police officer suspected of unlawfully seizing marijuana and cash \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">along Highway 101\u003c/a>.\u003c/p>\n\u003cp>SB 776 would make records from cases like these disclosable. It would also impose steep financial penalties on agencies that delay the release of records. [aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>After a year and a half, the California Highway Patrol — which employs more than 7,000 peace officers — has only disclosed two records that are responsive to a request for all records between 2014 and 2019. \u003ca href=\"https://www.kqed.org/news/11817288/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records\" target=\"_blank\" rel=\"noopener noreferrer\">KQED is suing\u003c/a> the agency.\u003c/p>\n\u003cp>Following a month’s grace period, SB 776 would impose a $1,000 fine for each day that an agency delays production of records.\u003c/p>\n\u003cp>“It doesn't do any good to pass a law that promises public access and then to have no teeth for holding agencies accountable for actually releasing those records,” Skinner said.\u003c/p>\n\u003cp>SB 773, meanwhile, establishes an advisory board to look at how local 911 systems can shift to relying on social services personnel to respond to non-violent calls. Police shootings and other violent incidents often stem from calls for “welfare checks” for people having mental health and substance abuse emergencies.\u003c/p>\n\u003cp>“It just makes sense for us, for all of our communities to be engaging people with the appropriate professional training to respond to these kinds of calls,” Skinner said, “and to reserve our officers for responding to things where there really is a public safety threat.”\u003c/p>\n\u003cp>Law enforcement associations that have opposed some past transparency measures said they are still reviewing the proposed legislation and cannot comment at this time.\u003c/p>\n\u003cp>SB 776 and SB 773 are currently in the Assembly. If both houses of the state Legislature pass the proposed laws by the end of August, the bills would then go to the governor for consideration.\u003c/p>\n\u003cp>\"I think that there is much more commitment on the part of the people right now to make sure that those laws are in their strongest form,\" said Melina Abdullah of Black Lives Matter Los Angeles.\u003c/p>\n\u003cp>Transparency advocates were hopeful Monday.\u003c/p>\n\u003cp>“I’m optimistic given the new attention being focused on police misconduct in California and beyond that the Legislature will heed this call for more sunlight in the darkest corners of police agencies around the state,” said David Snyder, executive director of the Bay Area-based First Amendment Coalition, which has filed numerous lawsuits to enforce public access to internal police records.\u003c/p>\n\u003cp>“Of particular note are the financial penalties for police departments that fail to produce records promptly,” he added. “Our experience over the past year and a half shows this is badly needed.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"One of the measures expands a landmark transparency law to require release of investigations into racism and other bias by police officers. The other explores shifting responses to mental health emergencies away from armed officers.","status":"publish","parent":0,"modified":1593640155,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":954},"headData":{"title":"CA Police Reform Proposal: Replace Some Social Service Callouts, More Unsealed Records | KQED","description":"One of the measures expands a landmark transparency law to require release of investigations into racism and other bias by police officers. The other explores shifting responses to mental health emergencies away from armed officers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11826773 https://ww2.kqed.org/news/?p=11826773","disqusUrl":"https://ww2.kqed.org/news/2020/06/30/ca-police-reform-proposal-replace-some-social-service-callouts-more-unsealed-records/","disqusTitle":"CA Police Reform Proposal: Replace Some Social Service Callouts, More Unsealed Records","path":"/news/11826773/ca-police-reform-proposal-replace-some-social-service-callouts-more-unsealed-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>State Sen. Nancy Skinner, D-Berkeley, introduced two new police reform bills on Monday that would provide more public access to misconduct records, and divert responses to some emergencies away from armed officers.\u003c/p>\n\u003cp>Senate Bill 776 aims to broaden and strengthen police transparency requirements, while Senate Bill 773 would redirect 911 calls about mental health or drug overdose emergencies to social service agencies rather than law enforcement. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Are these officers with a history of egregious misconduct, with a history of egregious racist or discriminatory actions or a history of egregious uses of force? Without knowing that, we can't hold our local agencies accountable and we can't really have trust in policing.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"State Sen. Nancy Skinner","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In January 2019, Skinner’s police transparency law SB 1421 went into effect. While that law provided a first look into limited types of police misconduct and uses of force investigations that had been hidden since the 1970s, many requestors including KQED, have been stymied by agencies’ long delays, \u003ca href=\"https://www.kqed.org/news/11826159/lawsuit-sonoma-deputy-assaulted-black-man-sleeping-in-car-then-covered-it-up\" target=\"_blank\" rel=\"noopener noreferrer\">narrow readings of the law\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11730624/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records\" target=\"_blank\" rel=\"noopener noreferrer\">legal challenges\u003c/a> to disclosure.\u003c/p>\n\u003cp>Skinner said seeing the long list of prior complaints against Derek Chauvin, the former Minneapolis police officer who killed George Floyd in May, generated new urgency for her to close loopholes in SB 1421.\u003c/p>\n\u003cp>“It's necessary that our communities know who is in their police forces,” Skinner said. “Are these officers with a history of egregious misconduct, with a history of egregious racist or discriminatory actions or a history of egregious uses of force? Without knowing that, we can't hold our local agencies accountable and we can't really have trust in policing.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Notably, SB 776 would make public the disciplinary records of officers’ investigated for bias — including racism, homophobia or anti-Semitism. That category of misconduct was not included in the original law.\u003c/p>\n\u003cp>Records related to the two categories of misconduct — official dishonesty and sexual assault — that were delineated in SB 1421 would also be broadened. Skinner’s proposal would require police agencies to turn over the records of officers who resign before an investigation is completed.\u003c/p>\n\u003cp>In 2019, KQED asked San Leandro for records related to former police officer Marco Becerra’s alleged sexual assault of a 17-year-old that he met through a program for young people who are interested in law enforcement. But San Leandro told KQED no responsive records existed.\u003c/p>\n\u003cp>“The City did not complete an investigation and no sustained finding was made by the City against Mr. Becerra,” a lawyer for the city wrote.\u003c/p>\n\u003cp>Becerra was charged by the Alameda District Attorney with three counts of unlawful sex with a minor. Those charges were eventually \u003ca href=\"https://www.eastbaytimes.com/2018/07/10/charges-dropped-for-ex-san-leandro-cop-accused-of-having-sex-with-minor/\" target=\"_blank\" rel=\"noopener noreferrer\">dropped\u003c/a>.\u003c/p>\n\u003cp>In another instance, the city of Rohnert Park kept misconduct records secret through a \u003ca href=\"https://www.kqed.org/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law\" target=\"_blank\" rel=\"noopener noreferrer\">settlement\u003c/a> with a police officer suspected of unlawfully seizing marijuana and cash \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">along Highway 101\u003c/a>.\u003c/p>\n\u003cp>SB 776 would make records from cases like these disclosable. It would also impose steep financial penalties on agencies that delay the release of records. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After a year and a half, the California Highway Patrol — which employs more than 7,000 peace officers — has only disclosed two records that are responsive to a request for all records between 2014 and 2019. \u003ca href=\"https://www.kqed.org/news/11817288/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records\" target=\"_blank\" rel=\"noopener noreferrer\">KQED is suing\u003c/a> the agency.\u003c/p>\n\u003cp>Following a month’s grace period, SB 776 would impose a $1,000 fine for each day that an agency delays production of records.\u003c/p>\n\u003cp>“It doesn't do any good to pass a law that promises public access and then to have no teeth for holding agencies accountable for actually releasing those records,” Skinner said.\u003c/p>\n\u003cp>SB 773, meanwhile, establishes an advisory board to look at how local 911 systems can shift to relying on social services personnel to respond to non-violent calls. Police shootings and other violent incidents often stem from calls for “welfare checks” for people having mental health and substance abuse emergencies.\u003c/p>\n\u003cp>“It just makes sense for us, for all of our communities to be engaging people with the appropriate professional training to respond to these kinds of calls,” Skinner said, “and to reserve our officers for responding to things where there really is a public safety threat.”\u003c/p>\n\u003cp>Law enforcement associations that have opposed some past transparency measures said they are still reviewing the proposed legislation and cannot comment at this time.\u003c/p>\n\u003cp>SB 776 and SB 773 are currently in the Assembly. If both houses of the state Legislature pass the proposed laws by the end of August, the bills would then go to the governor for consideration.\u003c/p>\n\u003cp>\"I think that there is much more commitment on the part of the people right now to make sure that those laws are in their strongest form,\" said Melina Abdullah of Black Lives Matter Los Angeles.\u003c/p>\n\u003cp>Transparency advocates were hopeful Monday.\u003c/p>\n\u003cp>“I’m optimistic given the new attention being focused on police misconduct in California and beyond that the Legislature will heed this call for more sunlight in the darkest corners of police agencies around the state,” said David Snyder, executive director of the Bay Area-based First Amendment Coalition, which has filed numerous lawsuits to enforce public access to internal police records.\u003c/p>\n\u003cp>“Of particular note are the financial penalties for police departments that fail to produce records promptly,” he added. “Our experience over the past year and a half shows this is badly needed.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11826773/ca-police-reform-proposal-replace-some-social-service-callouts-more-unsealed-records","authors":["8676"],"categories":["news_6188","news_8"],"tags":["news_17725","news_25703","news_17983","news_24958","news_24767","news_24770","news_27858","news_25132","news_25418"],"featImg":"news_11826774","label":"news"},"news_11817288":{"type":"posts","id":"news_11817288","meta":{"index":"posts_1591205157","site":"news","id":"11817288","score":null,"sort":[1589036436000]},"guestAuthors":[],"slug":"kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records","title":"KQED Sues CHP Over Failure to Disclose Discipline and Use-of-Force Records","publishDate":1589036436,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>KQED is suing the California Highway Patrol to force the agency to disclose five years of officer misconduct and use-of-force records that a coalition of news organizations requested under the state’s new police transparency law in January 2019.\u003c/p>\n\u003cp>“For over 16 months the CHP has repeatedly failed to produce all responsive records in its possession, leaving KQED with no choice but to file this action,” the complaint filed Friday in Sacramento County Superior Court said.[aside label=\"Read the Lawsuit\" link1=\"https://assets.documentcloud.org/documents/6885830/2020-05-08-Verified-Petition-for-Writ-of-Mandate.pdf,Petition for Writ of Mandate\"]\u003c/p>\n\u003cp>The agency declined to comment on the lawsuit.\u003c/p>\n\u003cp>The filing late Friday follows a protracted back-and-forth between the agency and coalition of news organizations called the California Reporting Project, which requested records of internal investigations since 2014 that found officers had sexually assaulted members of the public or lied in police reports or testimony. \u003c/p>\n\u003cp>The coalition also sought internal investigations into officer-involved shootings and other serious uses of force. Police agencies across the state were required to make such records accessible under \u003ca href=\"//leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421%E2%80%9D\" target=\"”_blank”\" rel=\"noopener noreferrer\">Senate Bill 1421\u003c/a>, which took effect Jan. 1, 2019.\u003c/p>\n\u003cp>“The power and importance of public documents and government transparency has never been more apparent,” KQED News Executive Editor Ethan Toven-Lindsey said after the suit was filed. “KQED continues to believe that agencies that refuse or unreasonably delay their compliance with this state law must be held accountable.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It took the CHP 14 months to produce any documents responsive to the news organizations’ public records request.\u003c/p>\n\u003cp>Those records, produced in March, involve a single disciplinary case. That episode involved a veteran CHP officer, Sgt. Timothy Larios, who resigned in 2015 after investigators discovered he’d had a romantic relationship with a confidential informant. \u003c/p>\n\u003cp>An internal CHP probe found the relationship compromised a multiagency narcotics investigation and endangered the woman helping to build that case.\u003c/p>\n\u003cp>The CHP records say Larios was lead investigator in the Shasta Interagency Narcotic Task Force in November 2013 when he met the informant, a woman who had provided information that led to the arrest of two men for possession of marijuana and conspiracy. One of the men was the informant’s former boyfriend. \u003c/p>\n\u003cp>Text messages included in the internal investigation file show Larios became distraught when the suspect later returned to the woman’s home. The probe found the CHP sergeant falsely reported crimes, including three separate occasions in which he was said to have told Shasta County law enforcement agencies that the former boyfriend was holding the woman against her will.\u003c/p>\n\u003cp>Larios’ relationship with the woman was exposed after he left a greeting card on her car in August 2014, while the boyfriend was at her house.\u003c/p>\n\u003cp>\"I love you for who you are and want nothing more than to unite as one!\" Larios wrote. “Love me!”\u003c/p>\n\u003cfigure id=\"attachment_11817346\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary.jpg\" alt=\"\" width=\"1920\" height=\"745\" class=\"size-full wp-image-11817346\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary-160x62.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary-800x310.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary-1020x396.jpg 1020w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A summary in a California Highway Patrol internal investigation of what Timothy Larios wrote on a greeting card he left for a confidential informant. \u003ccite>(Via California Highway Patrol)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Larios later told investigators he had hoped the note would make the former boyfriend think the informant was in love with someone else and leave her alone.\u003c/p>\n\u003cp>Instead, when the boyfriend discovered the card, he assaulted the woman. She reportedly told him the card was from Larios. \u003c/p>\n\u003cp>Shasta County sheriff’s deputies responding to the domestic violence incident learned the card was from the CHP sergeant. \u003c/p>\n\u003cp>The investigation records say Larios admitted leaving the message.\u003c/p>\n\u003cp>“It's embarrassing,” the documents quote him as telling investigators. “If I had to do it all over again, obviously it would not be done the same way.”\u003c/p>\n\u003cp>The discovery of the relationship between Larios and the woman led Shasta County prosecutors to dismiss felony charges against the man and his alleged accomplice.\u003c/p>\n\u003cp>Data extracted from Larios’ personal cellphone showed he had sent and received more than 20,000 text messages with the informant, often while on duty, according to a June 2015 notice of adverse action.\u003c/p>\n\u003cp>“You disclosed sensitive, operational information from a joint state and federal investigation of a drug trafficking organization” with the informant, the notice said. The woman was ”a person not authorized to possess this knowledge, and one who associated with people directly involved in criminal drug activity.”[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>That information included Larios sending pictures of himself “in action” during undercover operations. He also shared travel plans and the days he expected to conduct drug buys that were apparently part of the investigations.\u003c/p>\n\u003cp>The CHP investigation concluded Larios was guilty of an inexcusable neglect of duty, insubordination, dishonesty, willful disobedience, misuse of state property, and “other failure of good behavior.”\u003c/p>\n\u003cp>Larios retired on June 22, 2015, just days before the CHP moved to terminate him. He had been with the agency for more than 20 years and had received high marks on evaluations until his involvement with the confidential informant.\u003c/p>\n\u003cp>Larios was never charged with any crimes related to the misconduct.\u003c/p>\n\u003cp>Last year, he collected $81,822.96 in pension payments from the state, according to \u003ca href=\"https://transparentcalifornia.com/\" rel=\"noopener noreferrer\" target=\"_blank\">Transparent California\u003c/a>, a database of public employee salaries and pensions. He has received nearly $350,000 in pension payments since his retirement.\u003c/p>\n\u003cp>Larios filed a federal lawsuit against the department and individual investigators for illegal search and seizure of personal property, including his cellphone. \u003c/p>\n\u003cp>Last month, a lower court judge dismissed the suit, which argues the CHP was required to obtain a search warrant to view all the text messages on Larios' cellphone. The case is now pending before the 9th U.S. Circuit Court of Appeals. \u003c/p>\n\u003cp>While the CHP did release the Larios file, it is unclear how many more responsive records the agency has or when it will produce them. \u003c/p>\n\u003cp>The CHP reported to the Department of Justice that its officers have shot and killed 23 people between 2014-2019. It has released no records related to those shootings. \u003c/p>\n\u003cp>The CHP did release a handful of older cases that were outside the timeframe of KQED’s request. The agency previously estimated all SB 1421 records would be disclosed sometime next month.\u003c/p>\n\u003cp>\u003cem>Dan Brekke of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" class=\"alignleft size-thumbnail wp-image-11786993\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" rel=\"noopener noreferrer\" target=\"_blank\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The agency has turned over just one case record in the 16 months since a new police transparency law took effect. ","status":"publish","parent":0,"modified":1610398365,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1130},"headData":{"title":"KQED Sues CHP Over Failure to Disclose Discipline and Use-of-Force Records | KQED","description":"The agency has turned over just one case record in the 16 months since a new police transparency law took effect. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11817288 https://ww2.kqed.org/news/?p=11817288","disqusUrl":"https://ww2.kqed.org/news/2020/05/09/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records/","disqusTitle":"KQED Sues CHP Over Failure to Disclose Discipline and Use-of-Force Records","path":"/news/11817288/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>KQED is suing the California Highway Patrol to force the agency to disclose five years of officer misconduct and use-of-force records that a coalition of news organizations requested under the state’s new police transparency law in January 2019.\u003c/p>\n\u003cp>“For over 16 months the CHP has repeatedly failed to produce all responsive records in its possession, leaving KQED with no choice but to file this action,” the complaint filed Friday in Sacramento County Superior Court said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Read the Lawsuit ","link1":"https://assets.documentcloud.org/documents/6885830/2020-05-08-Verified-Petition-for-Writ-of-Mandate.pdf,Petition for Writ of Mandate"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The agency declined to comment on the lawsuit.\u003c/p>\n\u003cp>The filing late Friday follows a protracted back-and-forth between the agency and coalition of news organizations called the California Reporting Project, which requested records of internal investigations since 2014 that found officers had sexually assaulted members of the public or lied in police reports or testimony. \u003c/p>\n\u003cp>The coalition also sought internal investigations into officer-involved shootings and other serious uses of force. Police agencies across the state were required to make such records accessible under \u003ca href=\"//leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421%E2%80%9D\" target=\"”_blank”\" rel=\"noopener noreferrer\">Senate Bill 1421\u003c/a>, which took effect Jan. 1, 2019.\u003c/p>\n\u003cp>“The power and importance of public documents and government transparency has never been more apparent,” KQED News Executive Editor Ethan Toven-Lindsey said after the suit was filed. “KQED continues to believe that agencies that refuse or unreasonably delay their compliance with this state law must be held accountable.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It took the CHP 14 months to produce any documents responsive to the news organizations’ public records request.\u003c/p>\n\u003cp>Those records, produced in March, involve a single disciplinary case. That episode involved a veteran CHP officer, Sgt. Timothy Larios, who resigned in 2015 after investigators discovered he’d had a romantic relationship with a confidential informant. \u003c/p>\n\u003cp>An internal CHP probe found the relationship compromised a multiagency narcotics investigation and endangered the woman helping to build that case.\u003c/p>\n\u003cp>The CHP records say Larios was lead investigator in the Shasta Interagency Narcotic Task Force in November 2013 when he met the informant, a woman who had provided information that led to the arrest of two men for possession of marijuana and conspiracy. One of the men was the informant’s former boyfriend. \u003c/p>\n\u003cp>Text messages included in the internal investigation file show Larios became distraught when the suspect later returned to the woman’s home. The probe found the CHP sergeant falsely reported crimes, including three separate occasions in which he was said to have told Shasta County law enforcement agencies that the former boyfriend was holding the woman against her will.\u003c/p>\n\u003cp>Larios’ relationship with the woman was exposed after he left a greeting card on her car in August 2014, while the boyfriend was at her house.\u003c/p>\n\u003cp>\"I love you for who you are and want nothing more than to unite as one!\" Larios wrote. “Love me!”\u003c/p>\n\u003cfigure id=\"attachment_11817346\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary.jpg\" alt=\"\" width=\"1920\" height=\"745\" class=\"size-full wp-image-11817346\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary-160x62.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary-800x310.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary-1020x396.jpg 1020w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A summary in a California Highway Patrol internal investigation of what Timothy Larios wrote on a greeting card he left for a confidential informant. \u003ccite>(Via California Highway Patrol)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Larios later told investigators he had hoped the note would make the former boyfriend think the informant was in love with someone else and leave her alone.\u003c/p>\n\u003cp>Instead, when the boyfriend discovered the card, he assaulted the woman. She reportedly told him the card was from Larios. \u003c/p>\n\u003cp>Shasta County sheriff’s deputies responding to the domestic violence incident learned the card was from the CHP sergeant. \u003c/p>\n\u003cp>The investigation records say Larios admitted leaving the message.\u003c/p>\n\u003cp>“It's embarrassing,” the documents quote him as telling investigators. “If I had to do it all over again, obviously it would not be done the same way.”\u003c/p>\n\u003cp>The discovery of the relationship between Larios and the woman led Shasta County prosecutors to dismiss felony charges against the man and his alleged accomplice.\u003c/p>\n\u003cp>Data extracted from Larios’ personal cellphone showed he had sent and received more than 20,000 text messages with the informant, often while on duty, according to a June 2015 notice of adverse action.\u003c/p>\n\u003cp>“You disclosed sensitive, operational information from a joint state and federal investigation of a drug trafficking organization” with the informant, the notice said. The woman was ”a person not authorized to possess this knowledge, and one who associated with people directly involved in criminal drug activity.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That information included Larios sending pictures of himself “in action” during undercover operations. He also shared travel plans and the days he expected to conduct drug buys that were apparently part of the investigations.\u003c/p>\n\u003cp>The CHP investigation concluded Larios was guilty of an inexcusable neglect of duty, insubordination, dishonesty, willful disobedience, misuse of state property, and “other failure of good behavior.”\u003c/p>\n\u003cp>Larios retired on June 22, 2015, just days before the CHP moved to terminate him. He had been with the agency for more than 20 years and had received high marks on evaluations until his involvement with the confidential informant.\u003c/p>\n\u003cp>Larios was never charged with any crimes related to the misconduct.\u003c/p>\n\u003cp>Last year, he collected $81,822.96 in pension payments from the state, according to \u003ca href=\"https://transparentcalifornia.com/\" rel=\"noopener noreferrer\" target=\"_blank\">Transparent California\u003c/a>, a database of public employee salaries and pensions. He has received nearly $350,000 in pension payments since his retirement.\u003c/p>\n\u003cp>Larios filed a federal lawsuit against the department and individual investigators for illegal search and seizure of personal property, including his cellphone. \u003c/p>\n\u003cp>Last month, a lower court judge dismissed the suit, which argues the CHP was required to obtain a search warrant to view all the text messages on Larios' cellphone. The case is now pending before the 9th U.S. Circuit Court of Appeals. \u003c/p>\n\u003cp>While the CHP did release the Larios file, it is unclear how many more responsive records the agency has or when it will produce them. \u003c/p>\n\u003cp>The CHP reported to the Department of Justice that its officers have shot and killed 23 people between 2014-2019. It has released no records related to those shootings. \u003c/p>\n\u003cp>The CHP did release a handful of older cases that were outside the timeframe of KQED’s request. The agency previously estimated all SB 1421 records would be disclosed sometime next month.\u003c/p>\n\u003cp>\u003cem>Dan Brekke of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" class=\"alignleft size-thumbnail wp-image-11786993\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" rel=\"noopener noreferrer\" target=\"_blank\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11817288/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records","authors":["6625","8676","3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_21546","news_27918","news_27626","news_24958","news_24767","news_24770","news_25132"],"featImg":"news_11817337","label":"news_72"},"news_11795539":{"type":"posts","id":"news_11795539","meta":{"index":"posts_1591205157","site":"news","id":"11795539","score":null,"sort":[1578767156000]},"guestAuthors":[],"slug":"mendocino-county-correctional-sergeant-demoted-after-tasing-handcuffed-inmate","title":"Mendocino County Correctional Sergeant Demoted After Tasing Handcuffed Inmate","publishDate":1578767156,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A Mendocino County correctional sergeant tased a handcuffed, mentally-ill jail inmate in 2017, who witnesses said was not a threat at the time, which caused the man to stop breathing.\u003c/p>\n\u003cp>The sergeant didn’t lose his job and wasn’t charged with a crime, according to records released under the state’s new law-enforcement transparency law.[pullquote size=\"medium\" align=\"right\" citation=\"Corene Kendrick, Prison Law Office Staff Attorney\"]'There’s ways to de-escalate a situation without pulling out a Taser.'[/pullquote]\u003c/p>\n\u003cp>Instead, Zohar Zaied cut a deal with the Sheriff’s Office to accept a demotion to correctional deputy, documents show. The inmate, Travis Benevich, whose lawyer said almost died in the attack, accepted a settlement of $180,000 from the county instead of suing.\u003c/p>\n\u003cp>Three deputies who helped Zaied move Benevich to a padded cell on June 18, 2017 told investigators the inmate’s behavior didn’t warrant the tasing. Benevich, they said, resisted when approaching the cell he was being placed in, but wasn’t being violent.\u003c/p>\n\u003cp>One of the foremost experts in Taser litigation, Steve Martin, said of the incident, “of course, it’s disturbing.” The former counsel for the Texas Department of Corrections questioned the necessity of “such a high risk” use of force since Benevich was handcuffed behind his back and being escorted by guards.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The release of documents about Zaied’s use of force comes in a year of increased scrutiny of California law enforcement under the new law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\" target=\"_blank\" rel=\"noopener noreferrer\">Senate Bill 1421\u003c/a>, which ended years of police secrecy about discipline and use of force. Records released by other agencies show jail guards fired for abusing inmates, and helping others cover up abuses.\u003c/p>\n\u003cp>“Hopefully there is some measure of accountability because the public knows what’s happening. That matters,” said Izaak Schwaiger, Benevich’s attorney.\u003c/p>\n\u003cp>The use of Tasers, especially in correctional facilities, has long been disputed by experts.\u003c/p>\n\u003cp>“There’s ways to de-escalate a situation without pulling out a Taser,” said Corene Kendrick, a staff attorney at the Prison Law Office in Berkeley.\u003c/p>\n\u003cp>Martin, who is currently the federal monitor of New York City’s Rikers Island, said the problem is people, not Tasers.\u003c/p>\n\u003cp>“(Tasers) can have a great deal of tactical utility when employed under strict conditions and limitations,” Martin said.\u003c/p>\n\u003cp>The problem isn’t the Tasers themselves, according to Martin, but misuse by law enforcement officers. [aside postID=\"news_11786495,news_11777176,news_11755384\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>Benevich was arrested after a fight broke out at a music festival in Boonville on June 17, 2017. The 27-year-old says he was protecting his fiancé from a group of rowdy men when deputies arrested him for public intoxication and resisting arrest. He was taken to the Mendocino County Jail and, he said, he immediately felt panicked.\u003c/p>\n\u003cp>“I was just completely overwhelmed with how scared my kids must have been. What they must have been thinking,” said Benevich, who has an anxiety disorder.\u003c/p>\n\u003cp>Almost immediately Benevich asked Zaied, the jail supervisor at the time, to place him in a larger cell because small spaces increase his anxiety. He didn’t want to be in jail over the Father’s Day weekend and transcripts of jail audio show Benevich was adamant, he was “going to smash his head open to get the [expletive] out of this room.”\u003c/p>\n\u003cp>Zaied opted to move Benevich to a padded cell. Benevich was handcuffed with two deputies each holding one of his arms. All involved agree this part went smoothly until Benevich saw the small cell he was being transferred to. Benevich estimated the cell was “one-third the size” of the one he’d just left.\u003c/p>\n\u003cp>Benevich dug his heels into the ground and begged not to be put in the smaller cell, deputies told investigators. At some point, Benevich pulled to one side, and the guards pushed him into a wall. Then, Zaied tased him without warning. “I wasn’t even fighting you guys,” said Benevich while crying, according to a recording.\u003c/p>\n\u003cp>In an interview with reporters, Benevich said, “I remember my head hitting the wall. It’s a pain that is in every bone and muscle.”\u003c/p>\n\u003cp>Guards then put Benevich in the cell, where he fell to his knees. Forty-seconds after the first shock, Zaied tased him again. Benevich stopped breathing and went into a seizure while mucus dripped from his nose. He was rushed to a hospital.\u003c/p>\n\u003cp>“I don’t think [Zaied] decided to put him into renal failure and put him into a seizure. But he decided to use force, not knowing enough information to know if it was safe,” said Schwaiger, Benevich’s attorney.\u003c/p>\n\u003cp>Zaied did not return calls for comment. But documents show he told internal affairs investigators Benevich was fighting deputies and that he tased him because the inmate was “in danger.” He continued, “Staff was in danger ... it went from controlled to uncontrolled pretty fast.”\u003c/p>\n\u003cp>But the other deputies, including the two holding his arms, told investigators a different story. All thought the use of the Taser was unnecessary, documents show. A nurse who was present also described the tasing as excessive.\u003c/p>\n\u003cp>“It could have been avoided due to the fact that, you know, the four of us could have probably gained control,” Deputy Issac Sanchez told Sacramento County Sheriff’s Department investigators who did an independent investigation at the request of Mendocino County.\u003c/p>\n\u003cfigure id=\"attachment_11795567\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11795567\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt.jpg\" alt=\"\" width=\"1920\" height=\"1306\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-800x544.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-1020x694.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-1200x816.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from a transcript of a Aug. 3, 2017 interview of Mendocino County Sheriff's Deputy Isaac Sanchez, conducted by Sgt. Marcus Gregory, about the use of a taser on a handcuffed inmate. \u003ccite>(Via Mendocino County Sheriff)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Zaied was eventually found to have violated several department and county policies, including using a Taser on a handcuffed inmate, according to findings by Mendocino County Undersheriff Randy Johnson. He recommended Zaied be demoted, but Zaied fought the findings, and through a settlement agreement, was able to remove some of the policy violations from his record. But his demotion to correctional deputy remained. Zaied now works as a background investigator for new hires at the jail, according to an online bio.\u003c/p>\n\u003cp>The day before he tased Benevich, Zaied had tased another inmate who was also handcuffed and described in documents as mentally ill. Fernando Martinez, a war veteren diagnosed with Post Traumatic Stress Disorder, was being put back into a padded cell when the incident occurred.\u003c/p>\n\u003cp>Zaied said use of force was necessary with Martinez, and that using the Taser minimized the risk of injury for everyone there, according to the report. Martinez told investigators he was “pretty out of it” and that he may have “tensed up.”\u003c/p>\n\u003cp>At the time of both tasings, records show Zaied’s taser certification had expired more than 10 years earlier. He completed Taser training in 2006. It expired in 2007.\u003c/p>\n\u003cp>Former Mendocino County Sheriff Tom Allman, who recently retired, did not return requests for comment on the training or the incident. But in the final Letter of Reprimand, he concluded that during the Benevich incident, while Zaied’s “intent was not malicious, [he] failed to appreciate other options available to [him] prior to the discharge of the Taser.”\u003c/p>\n\u003cp>Despite the demotion, Zaied’s salary remained roughly the same. According to an online website that tracks state salaries, \u003ca href=\"https://transparentcalifornia.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Transparent California\u003c/a>, he made roughly $149,000 in total pay and benefits in 2018 compared to about $142,000 in 2017.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Izaak Schwaiger, Benevich's attorney\"]'I don’t think [Zaied] decided to put him into renal failure and put him into a seizure. But he decided to use force, not knowing enough information to know if it was safe'[/pullquote]\u003c/p>\n\u003cp>The spokesperson for the Mendocino County District Attorney’s Office, Mike Geniella, said District Attorney David Eyster planned to file criminal charges on Zaied, but changed his mind after the case was reviewed by an outside use of force expert who found no wrongdoing.\u003c/p>\n\u003cp>A consultant who did the investigation, Jeffery Martin, concluded that Zaied’s actions were reasonable.\u003c/p>\n\u003cp>In his report, Jeffrey Martin wrote that there is nothing to indicate that the Taser or actions of Zaied or the deputies contributed to Benevich’s medical event. Martin argued that Benevich appeared to have “perceived the pain during the event,” and that he was given sufficient time to comply with commands. Martin also wrote that Benevich actively tried to hook one of the deputy’s legs, which could have caused deputies to lose control of him.\u003c/p>\n\u003cp>Schwaiger, Benevich’s lawyer — who specializes in police brutality cases — disputes this account, saying there was no provocation, making the tasing particularly egregious. Schwaiger suspects that is part of the reason the county was quick to settle, offering an agreement even before a lawsuit was filed.\u003c/p>\n\u003cp>In exchange for $180,000, Benevich agreed to release the county of all liability and agreed to a confidentiality clause: Benevich couldn’t talk about the settlement.\u003c/p>\n\u003cp>“Of course, they didn’t want it to be public record,” said Schwaiger. “The only thing that municipalities hate worse than paying money is bad press.”\u003c/p>\n\u003cp>For two years, the incident remained secret. Schwaiger says that the incident between Benevich and Zaied is exactly what the new transparency law was designed to reveal. However, he worries the onslaught of news stories that have followed the passage of the law detract from the seriousness of each individual case.\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Now a deputy, Zohar Zaied appears to conduct background investigations for the Sheriff's Office.","status":"publish","parent":0,"modified":1578767156,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":1707},"headData":{"title":"Mendocino County Correctional Sergeant Demoted After Tasing Handcuffed Inmate | KQED","description":"Now a deputy, Zohar Zaied appears to conduct background investigations for the Sheriff's Office.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11795539 https://ww2.kqed.org/news/?p=11795539","disqusUrl":"https://ww2.kqed.org/news/2020/01/11/mendocino-county-correctional-sergeant-demoted-after-tasing-handcuffed-inmate/","disqusTitle":"Mendocino County Correctional Sergeant Demoted After Tasing Handcuffed Inmate","nprByline":"Katey Rusch and Edward Booth\u003cbr />Investigative Reporting Program","path":"/news/11795539/mendocino-county-correctional-sergeant-demoted-after-tasing-handcuffed-inmate","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Mendocino County correctional sergeant tased a handcuffed, mentally-ill jail inmate in 2017, who witnesses said was not a threat at the time, which caused the man to stop breathing.\u003c/p>\n\u003cp>The sergeant didn’t lose his job and wasn’t charged with a crime, according to records released under the state’s new law-enforcement transparency law.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'There’s ways to de-escalate a situation without pulling out a Taser.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Corene Kendrick, Prison Law Office Staff Attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Instead, Zohar Zaied cut a deal with the Sheriff’s Office to accept a demotion to correctional deputy, documents show. The inmate, Travis Benevich, whose lawyer said almost died in the attack, accepted a settlement of $180,000 from the county instead of suing.\u003c/p>\n\u003cp>Three deputies who helped Zaied move Benevich to a padded cell on June 18, 2017 told investigators the inmate’s behavior didn’t warrant the tasing. Benevich, they said, resisted when approaching the cell he was being placed in, but wasn’t being violent.\u003c/p>\n\u003cp>One of the foremost experts in Taser litigation, Steve Martin, said of the incident, “of course, it’s disturbing.” The former counsel for the Texas Department of Corrections questioned the necessity of “such a high risk” use of force since Benevich was handcuffed behind his back and being escorted by guards.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The release of documents about Zaied’s use of force comes in a year of increased scrutiny of California law enforcement under the new law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\" target=\"_blank\" rel=\"noopener noreferrer\">Senate Bill 1421\u003c/a>, which ended years of police secrecy about discipline and use of force. Records released by other agencies show jail guards fired for abusing inmates, and helping others cover up abuses.\u003c/p>\n\u003cp>“Hopefully there is some measure of accountability because the public knows what’s happening. That matters,” said Izaak Schwaiger, Benevich’s attorney.\u003c/p>\n\u003cp>The use of Tasers, especially in correctional facilities, has long been disputed by experts.\u003c/p>\n\u003cp>“There’s ways to de-escalate a situation without pulling out a Taser,” said Corene Kendrick, a staff attorney at the Prison Law Office in Berkeley.\u003c/p>\n\u003cp>Martin, who is currently the federal monitor of New York City’s Rikers Island, said the problem is people, not Tasers.\u003c/p>\n\u003cp>“(Tasers) can have a great deal of tactical utility when employed under strict conditions and limitations,” Martin said.\u003c/p>\n\u003cp>The problem isn’t the Tasers themselves, according to Martin, but misuse by law enforcement officers. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11786495,news_11777176,news_11755384","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Benevich was arrested after a fight broke out at a music festival in Boonville on June 17, 2017. The 27-year-old says he was protecting his fiancé from a group of rowdy men when deputies arrested him for public intoxication and resisting arrest. He was taken to the Mendocino County Jail and, he said, he immediately felt panicked.\u003c/p>\n\u003cp>“I was just completely overwhelmed with how scared my kids must have been. What they must have been thinking,” said Benevich, who has an anxiety disorder.\u003c/p>\n\u003cp>Almost immediately Benevich asked Zaied, the jail supervisor at the time, to place him in a larger cell because small spaces increase his anxiety. He didn’t want to be in jail over the Father’s Day weekend and transcripts of jail audio show Benevich was adamant, he was “going to smash his head open to get the [expletive] out of this room.”\u003c/p>\n\u003cp>Zaied opted to move Benevich to a padded cell. Benevich was handcuffed with two deputies each holding one of his arms. All involved agree this part went smoothly until Benevich saw the small cell he was being transferred to. Benevich estimated the cell was “one-third the size” of the one he’d just left.\u003c/p>\n\u003cp>Benevich dug his heels into the ground and begged not to be put in the smaller cell, deputies told investigators. At some point, Benevich pulled to one side, and the guards pushed him into a wall. Then, Zaied tased him without warning. “I wasn’t even fighting you guys,” said Benevich while crying, according to a recording.\u003c/p>\n\u003cp>In an interview with reporters, Benevich said, “I remember my head hitting the wall. It’s a pain that is in every bone and muscle.”\u003c/p>\n\u003cp>Guards then put Benevich in the cell, where he fell to his knees. Forty-seconds after the first shock, Zaied tased him again. Benevich stopped breathing and went into a seizure while mucus dripped from his nose. He was rushed to a hospital.\u003c/p>\n\u003cp>“I don’t think [Zaied] decided to put him into renal failure and put him into a seizure. But he decided to use force, not knowing enough information to know if it was safe,” said Schwaiger, Benevich’s attorney.\u003c/p>\n\u003cp>Zaied did not return calls for comment. But documents show he told internal affairs investigators Benevich was fighting deputies and that he tased him because the inmate was “in danger.” He continued, “Staff was in danger ... it went from controlled to uncontrolled pretty fast.”\u003c/p>\n\u003cp>But the other deputies, including the two holding his arms, told investigators a different story. All thought the use of the Taser was unnecessary, documents show. A nurse who was present also described the tasing as excessive.\u003c/p>\n\u003cp>“It could have been avoided due to the fact that, you know, the four of us could have probably gained control,” Deputy Issac Sanchez told Sacramento County Sheriff’s Department investigators who did an independent investigation at the request of Mendocino County.\u003c/p>\n\u003cfigure id=\"attachment_11795567\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11795567\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt.jpg\" alt=\"\" width=\"1920\" height=\"1306\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-800x544.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-1020x694.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-1200x816.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from a transcript of a Aug. 3, 2017 interview of Mendocino County Sheriff's Deputy Isaac Sanchez, conducted by Sgt. Marcus Gregory, about the use of a taser on a handcuffed inmate. \u003ccite>(Via Mendocino County Sheriff)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Zaied was eventually found to have violated several department and county policies, including using a Taser on a handcuffed inmate, according to findings by Mendocino County Undersheriff Randy Johnson. He recommended Zaied be demoted, but Zaied fought the findings, and through a settlement agreement, was able to remove some of the policy violations from his record. But his demotion to correctional deputy remained. Zaied now works as a background investigator for new hires at the jail, according to an online bio.\u003c/p>\n\u003cp>The day before he tased Benevich, Zaied had tased another inmate who was also handcuffed and described in documents as mentally ill. Fernando Martinez, a war veteren diagnosed with Post Traumatic Stress Disorder, was being put back into a padded cell when the incident occurred.\u003c/p>\n\u003cp>Zaied said use of force was necessary with Martinez, and that using the Taser minimized the risk of injury for everyone there, according to the report. Martinez told investigators he was “pretty out of it” and that he may have “tensed up.”\u003c/p>\n\u003cp>At the time of both tasings, records show Zaied’s taser certification had expired more than 10 years earlier. He completed Taser training in 2006. It expired in 2007.\u003c/p>\n\u003cp>Former Mendocino County Sheriff Tom Allman, who recently retired, did not return requests for comment on the training or the incident. But in the final Letter of Reprimand, he concluded that during the Benevich incident, while Zaied’s “intent was not malicious, [he] failed to appreciate other options available to [him] prior to the discharge of the Taser.”\u003c/p>\n\u003cp>Despite the demotion, Zaied’s salary remained roughly the same. According to an online website that tracks state salaries, \u003ca href=\"https://transparentcalifornia.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Transparent California\u003c/a>, he made roughly $149,000 in total pay and benefits in 2018 compared to about $142,000 in 2017.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I don’t think [Zaied] decided to put him into renal failure and put him into a seizure. But he decided to use force, not knowing enough information to know if it was safe'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Izaak Schwaiger, Benevich's attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The spokesperson for the Mendocino County District Attorney’s Office, Mike Geniella, said District Attorney David Eyster planned to file criminal charges on Zaied, but changed his mind after the case was reviewed by an outside use of force expert who found no wrongdoing.\u003c/p>\n\u003cp>A consultant who did the investigation, Jeffery Martin, concluded that Zaied’s actions were reasonable.\u003c/p>\n\u003cp>In his report, Jeffrey Martin wrote that there is nothing to indicate that the Taser or actions of Zaied or the deputies contributed to Benevich’s medical event. Martin argued that Benevich appeared to have “perceived the pain during the event,” and that he was given sufficient time to comply with commands. Martin also wrote that Benevich actively tried to hook one of the deputy’s legs, which could have caused deputies to lose control of him.\u003c/p>\n\u003cp>Schwaiger, Benevich’s lawyer — who specializes in police brutality cases — disputes this account, saying there was no provocation, making the tasing particularly egregious. Schwaiger suspects that is part of the reason the county was quick to settle, offering an agreement even before a lawsuit was filed.\u003c/p>\n\u003cp>In exchange for $180,000, Benevich agreed to release the county of all liability and agreed to a confidentiality clause: Benevich couldn’t talk about the settlement.\u003c/p>\n\u003cp>“Of course, they didn’t want it to be public record,” said Schwaiger. “The only thing that municipalities hate worse than paying money is bad press.”\u003c/p>\n\u003cp>For two years, the incident remained secret. Schwaiger says that the incident between Benevich and Zaied is exactly what the new transparency law was designed to reveal. However, he worries the onslaught of news stories that have followed the passage of the law detract from the seriousness of each individual case.\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11795539/mendocino-county-correctional-sergeant-demoted-after-tasing-handcuffed-inmate","authors":["byline_news_11795539"],"categories":["news_6188","news_8"],"tags":["news_19542","news_2687","news_1982","news_24767","news_25132","news_17656"],"featImg":"news_11795551","label":"news"},"news_11794922":{"type":"posts","id":"news_11794922","meta":{"index":"posts_1591205157","site":"news","id":"11794922","score":null,"sort":[1578582035000]},"guestAuthors":[],"slug":"after-year-of-delay-contra-costa-county-sheriff-releases-record-on-dishonest-deputy","title":"After Year of Delay, Contra Costa County Sheriff Releases Investigation of Dishonest Deputy","publishDate":1578582035,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Contra Costa County has been a key battleground in the \u003ca href=\"https://www.kqed.org/news/11724434/contra-costa-county-judge-to-weigh-public-access-to-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">legal fight\u003c/a> over Senate Bill 1421, the police transparency law that went into effect last January. Now, after a year of delay and litigation, the Contra Costa County Sheriff’s Office has released the first disciplinary record regarding a deputy.\u003c/p>\n\u003cp>On Nov. 24, 2016, Vacaville police arrested Deputy Christopher Spadaro for drunk driving after he sped away from officers and then abruptly pulled into a parking lot and shut off all his car lights.\u003c/p>\n\u003cp>When questioned by a Contra Costa County Sheriff’s internal affairs investigator about whether he had been trying to evade police, Spadaro said, “I would never fathom doing such a thing to create, uh, you know, an issue for an officer,” according to a transcript of the interview.\u003c/p>\n\u003cp>Spadaro told Vacaville police he had only had one beer, but he refused to take a breathalyzer test. A blood test confirmed his blood alcohol content was nearly twice the legal limit, records show.\u003c/p>\n\u003cp>The Sheriff’s Office internal investigation found that Spadaro lied about his drinking during that encounter. Spadaro had also put paper license plates on his car in order to avoid paying the Benicia-Martinez Bridge toll during his commute.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Contra Costa County Sheriff David Livingston first tried to fire Spadaro, but ultimately reduced his discipline to a six-month pay cut. It appears the deputy still works for the county. Spadaro did not respond to an email requesting comment.\u003c/p>\n\u003cp>Contra Costa County Public Defender Robin Lipetzky wrote in statement that her office is “investigating the impacts of Deputy Spadaro’s misconduct on recent and pending cases where he was a material witness.”\u003c/p>\n\u003cp>Lipetzky said timely compliance with both SB 1421 and \u003ca href=\"https://supreme.justia.com/cases/federal/us/373/83/\">\u003ci>Brady v. Maryland\u003c/i>\u003c/a> “are necessary to ensure due process for everyone in our community.”\u003c/p>\n\u003cp>Sheriff’s Office spokesman Jimmy Lee did not respond to questions about why it took a year to locate and produce the Spadaro file, nor would he clarify if his office has more disciplinary records to produce. Lee said in an email that his office intends to disclose all relevant SB 1421 records.\u003c/p>\n\u003cp>“Our release of documents continues and we are committed to fulfilling all proper [SB] 1421 requests as quickly as possible,” Lee wrote.\u003c/p>\n\u003cp>County Supervisor John Gioia, who is one of Livingston’s critics, said he believes the Contra Costa County Sheriff Deputies’ Association pressured Livingston to withhold the document.\u003c/p>\n\u003cp>\"The sheriff should follow the law in disclosing documents despite a contrary position by the Deputy Sheriff's Association,\" Gioia said. \"His job is to follow the law as a county officer.”\u003c/p>\n\u003cp>DSA President Shawn Welch, in a phone interview Wednesday, denied asking that the document be withheld.\u003c/p>\n\u003cp>[aside postID=\"news_11786770,news_11792317,news_11789945\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>“I never took a stance,” Welch said. “It was delayed because [SB] 1421 is a brand new law” and there were questions about whether Spadaro’s case applies to it.\u003c/p>\n\u003cp>Welch’s union was one of the first police associations to file suit back in January 2019 to block the county from releasing past misconduct and use-of-force records unsealed by SB 1421. A number of First Amendment and media organizations including KQED joined that suit to argue for the disclosure of records.\u003c/p>\n\u003cp>A Contra Costa judge’s ruling in that case, which found that SB 1421 should apply retroactively, was \u003ca href=\"https://www.kqed.org/news/11732520/appeals-court-covering-bay-area-rules-in-favor-of-releasing-police-misconduct-shooting-records\" target=\"_blank\" rel=\"noopener noreferrer\">upheld\u003c/a> by the First District Court of Appeal in San Francisco on March 12.\u003c/p>\n\u003cp>However, even after that ruling, Livingston refused to search for records, arguing that searching the “voluminous” internal affairs files constituted an “undue burden” on the department. He was one of the few law enforcement officials statewide to make this argument.\u003c/p>\n\u003cp>Finally in June, the sheriff said the search for records had been completed. Seven incidents had been identified in which deputies had used force causing death or serious injury.\u003c/p>\n\u003cp>Then on Tuesday, the Sheriff’s Office released Spadaro’s disciplinary file without any explanation.\u003c/p>\n\u003cp>“It begs the question: why it took litigation for these records to be released? Why were they not promptly released a year ago?” said David Snyder, an attorney with the \u003ca href=\"https://firstamendmentcoalition.org/\" target=\"_blank\" rel=\"noopener noreferrer\">First Amendment Coalition\u003c/a>, which is involved in the Contra Costa litigation. “A year is not prompt. It makes one wonder if there are other records languishing in the sheriff's files that the public is entitled to see.\"\u003c/p>\n\u003cp>Spadaro was convicted of a misdemeanor in 2017, and court records show it was his first criminal offense in Solano County.\u003c/p>\n\u003cp>However, Spadaro was accused of sexual harassment in 2006 by a female deputy in the Sheriff’s Department. The county settled the suit in 2008 for an unknown amount.\u003c/p>\n\u003cp>Internal records released Tuesday by the Sheriff’s Office show Spadaro was also reprimanded in 2015. But the Sheriff’s Office said records related to that prior misconduct are not disclosable.\u003c/p>\n\u003cp>Lee would not say if the sheriff has ongoing concerns about Spadaro’s fitness to be deputy.\u003c/p>\n\u003cp>\u003cem>Thomas Peele of the Bay Area News Group contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The sheriff first tried to fire the deputy who was arrested for a DUI, but ultimately reduced that discipline to a six month pay-cut.\r\n","status":"publish","parent":0,"modified":1578602213,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":939},"headData":{"title":"After Year of Delay, Contra Costa County Sheriff Releases Investigation of Dishonest Deputy | KQED","description":"The sheriff first tried to fire the deputy who was arrested for a DUI, but ultimately reduced that discipline to a six month pay-cut.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11794922 https://ww2.kqed.org/news/?p=11794922","disqusUrl":"https://ww2.kqed.org/news/2020/01/09/after-year-of-delay-contra-costa-county-sheriff-releases-record-on-dishonest-deputy/","disqusTitle":"After Year of Delay, Contra Costa County Sheriff Releases Investigation of Dishonest Deputy","path":"/news/11794922/after-year-of-delay-contra-costa-county-sheriff-releases-record-on-dishonest-deputy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Contra Costa County has been a key battleground in the \u003ca href=\"https://www.kqed.org/news/11724434/contra-costa-county-judge-to-weigh-public-access-to-police-records\" target=\"_blank\" rel=\"noopener noreferrer\">legal fight\u003c/a> over Senate Bill 1421, the police transparency law that went into effect last January. Now, after a year of delay and litigation, the Contra Costa County Sheriff’s Office has released the first disciplinary record regarding a deputy.\u003c/p>\n\u003cp>On Nov. 24, 2016, Vacaville police arrested Deputy Christopher Spadaro for drunk driving after he sped away from officers and then abruptly pulled into a parking lot and shut off all his car lights.\u003c/p>\n\u003cp>When questioned by a Contra Costa County Sheriff’s internal affairs investigator about whether he had been trying to evade police, Spadaro said, “I would never fathom doing such a thing to create, uh, you know, an issue for an officer,” according to a transcript of the interview.\u003c/p>\n\u003cp>Spadaro told Vacaville police he had only had one beer, but he refused to take a breathalyzer test. A blood test confirmed his blood alcohol content was nearly twice the legal limit, records show.\u003c/p>\n\u003cp>The Sheriff’s Office internal investigation found that Spadaro lied about his drinking during that encounter. Spadaro had also put paper license plates on his car in order to avoid paying the Benicia-Martinez Bridge toll during his commute.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Contra Costa County Sheriff David Livingston first tried to fire Spadaro, but ultimately reduced his discipline to a six-month pay cut. It appears the deputy still works for the county. Spadaro did not respond to an email requesting comment.\u003c/p>\n\u003cp>Contra Costa County Public Defender Robin Lipetzky wrote in statement that her office is “investigating the impacts of Deputy Spadaro’s misconduct on recent and pending cases where he was a material witness.”\u003c/p>\n\u003cp>Lipetzky said timely compliance with both SB 1421 and \u003ca href=\"https://supreme.justia.com/cases/federal/us/373/83/\">\u003ci>Brady v. Maryland\u003c/i>\u003c/a> “are necessary to ensure due process for everyone in our community.”\u003c/p>\n\u003cp>Sheriff’s Office spokesman Jimmy Lee did not respond to questions about why it took a year to locate and produce the Spadaro file, nor would he clarify if his office has more disciplinary records to produce. Lee said in an email that his office intends to disclose all relevant SB 1421 records.\u003c/p>\n\u003cp>“Our release of documents continues and we are committed to fulfilling all proper [SB] 1421 requests as quickly as possible,” Lee wrote.\u003c/p>\n\u003cp>County Supervisor John Gioia, who is one of Livingston’s critics, said he believes the Contra Costa County Sheriff Deputies’ Association pressured Livingston to withhold the document.\u003c/p>\n\u003cp>\"The sheriff should follow the law in disclosing documents despite a contrary position by the Deputy Sheriff's Association,\" Gioia said. \"His job is to follow the law as a county officer.”\u003c/p>\n\u003cp>DSA President Shawn Welch, in a phone interview Wednesday, denied asking that the document be withheld.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11786770,news_11792317,news_11789945","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I never took a stance,” Welch said. “It was delayed because [SB] 1421 is a brand new law” and there were questions about whether Spadaro’s case applies to it.\u003c/p>\n\u003cp>Welch’s union was one of the first police associations to file suit back in January 2019 to block the county from releasing past misconduct and use-of-force records unsealed by SB 1421. A number of First Amendment and media organizations including KQED joined that suit to argue for the disclosure of records.\u003c/p>\n\u003cp>A Contra Costa judge’s ruling in that case, which found that SB 1421 should apply retroactively, was \u003ca href=\"https://www.kqed.org/news/11732520/appeals-court-covering-bay-area-rules-in-favor-of-releasing-police-misconduct-shooting-records\" target=\"_blank\" rel=\"noopener noreferrer\">upheld\u003c/a> by the First District Court of Appeal in San Francisco on March 12.\u003c/p>\n\u003cp>However, even after that ruling, Livingston refused to search for records, arguing that searching the “voluminous” internal affairs files constituted an “undue burden” on the department. He was one of the few law enforcement officials statewide to make this argument.\u003c/p>\n\u003cp>Finally in June, the sheriff said the search for records had been completed. Seven incidents had been identified in which deputies had used force causing death or serious injury.\u003c/p>\n\u003cp>Then on Tuesday, the Sheriff’s Office released Spadaro’s disciplinary file without any explanation.\u003c/p>\n\u003cp>“It begs the question: why it took litigation for these records to be released? Why were they not promptly released a year ago?” said David Snyder, an attorney with the \u003ca href=\"https://firstamendmentcoalition.org/\" target=\"_blank\" rel=\"noopener noreferrer\">First Amendment Coalition\u003c/a>, which is involved in the Contra Costa litigation. “A year is not prompt. It makes one wonder if there are other records languishing in the sheriff's files that the public is entitled to see.\"\u003c/p>\n\u003cp>Spadaro was convicted of a misdemeanor in 2017, and court records show it was his first criminal offense in Solano County.\u003c/p>\n\u003cp>However, Spadaro was accused of sexual harassment in 2006 by a female deputy in the Sheriff’s Department. The county settled the suit in 2008 for an unknown amount.\u003c/p>\n\u003cp>Internal records released Tuesday by the Sheriff’s Office show Spadaro was also reprimanded in 2015. But the Sheriff’s Office said records related to that prior misconduct are not disclosable.\u003c/p>\n\u003cp>Lee would not say if the sheriff has ongoing concerns about Spadaro’s fitness to be deputy.\u003c/p>\n\u003cp>\u003cem>Thomas Peele of the Bay Area News Group contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11794922/after-year-of-delay-contra-costa-county-sheriff-releases-record-on-dishonest-deputy","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_1467","news_24767","news_25132"],"featImg":"news_11466982","label":"news_72"},"news_11736667":{"type":"posts","id":"news_11736667","meta":{"index":"posts_1591205157","site":"news","id":"11736667","score":null,"sort":[1553913488000]},"guestAuthors":[],"slug":"bay-area-ruling-could-fast-track-access-to-police-records-under-new-law","title":"Bay Area Ruling Could Fast-Track Access to Police Records Under New Law","publishDate":1553913488,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A state appeals court on Friday dealt another setback to police unions fighting public access to pre-2019 misconduct and serious use-of-force records, publishing the highest-level ruling to date ordering all such records should be released under the terms of a state law that took effect Jan. 1.\u003c/p>\n\u003cp>[aside tag=\"police-records\" label=\"Unsealed: California's Secret Police Files\" target=\"_blank\" heroLink=\"https://www.kqed.org/news/tag/police-records\"]\u003c/p>\n\u003cp>In what a union spokesman said was an unrelated move, the San Francisco Police officers Association withdrew a lawsuit Friday that sought to block public access to pre-2019 records detailing officer discipline. \u003c/p>\n\u003cp>\"As we have stated previously, we believe all police agencies should fully comply with the eligible requests for records,\" the executive board of San Francisco police officers' union said in a written statement.\u003c/p>\n\u003cp>The ACLU of Northern California intervened against the SFPOA's lawsuit on behalf of several family members and advocates for people killed by San Francisco police.\u003c/p>\n\u003cp>\"We’re happy to see the records released so we can get answers for our families,” Kathleen Guneratne, a senior staff attorney with the ACLU, said in a written statement. \"It’s time for police unions to stop filing frivolous lawsuits and let the law take effect.\"\u003cbr />\n[ad fullwidth]\u003cbr />\nSince Jan. 1, law enforcement groups have filed over a dozen lawsuits challenging a new police transparency law's retroactivity, losing nearly every case. The law, Senate Bill 1421, requires public access to records related to sexual assault and dishonesty by police officers, as well as records on officer-involved shootings and any use of force resulting in great bodily injury.\u003c/p>\n\u003cp>Half a dozen unions in Contra Costa County filed a lawsuit challenging the law's application to pre-2019 records, and \u003ca href=\"https://www.kqed.org/news/11724434/contra-costa-county-judge-to-weigh-public-access-to-police-records\" rel=\"noopener\" target=\"_blank\">appealed\u003c/a> a Feb. 8 ruling by Contra Costa Superior Court Judge Charles Treat that rejected their argument.\u003c/p>\n\u003cp>The state's 1st District Court of Appeal, which handles cases from most Bay Area counties, \u003ca href=\"https://www.kqed.org/news/11732520/appeals-court-covering-bay-area-rules-in-favor-of-releasing-police-misconduct-shooting-records\" rel=\"noopener\" target=\"_blank\">upheld\u003c/a> Treat's ruling on March 12 in an unpublished decision that carried little legal weight beyond the Contra Costa County case. But on Friday, the court agreed to requests from a coalition of news organizations, including KQED and the Bay Area News Group, to publish the earlier decision, making it controlling law in the Bay Area and strong precedent for courts across California.\u003c/p>\n\u003cp>\"It’s the right answer, and it is the answer that trial courts up and down the state have now come to,\" said David Snyder, executive director of the San Rafael-based First Amendment Coalition. \"If this isn’t the final death knell for unions' arguments, it’s something very close to that.\"\u003cbr />\n[ad floatright]\u003cbr />\nThe First Amendment Coalition and KQED \u003ca href=\"https://www.kqed.org/news/11730624/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records\" rel=\"noopener\" target=\"_blank\">filed a related lawsuit\u003c/a> in San Francisco against California Attorney General Xavier Becerra and the state Department of Justice after they refused to provide misconduct and shooting records in their possession. The attorney general's office said the records would be withheld \"until the legal question of retroactive application of the statute is resolved by the courts.\"\u003c/p>\n\u003cp>The attorney general's office did not immediately respond to a request for comment on the appellate court's published ruling.\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr />\n\u003ciframe src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1zOih9clN3i7MR2E8KwkywNTJuwQwQqR9k_14olgDpFU&font=Default&lang=en&initial_zoom=2&height=650\" width=\"1200\" height=\"650\" 0=\"webkitallowfullscreen\" 1=\"mozallowfullscreen\" 2=\"allowfullscreen\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n","blocks":[],"excerpt":"The appeals court's published decision Friday is the first state-level ruling on access to pre-2019 misconduct and shooting records unsealed by a new state law.","status":"publish","parent":0,"modified":1557600555,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":532},"headData":{"title":"Bay Area Ruling Could Fast-Track Access to Police Records Under New Law | KQED","description":"The appeals court's published decision Friday is the first state-level ruling on access to pre-2019 misconduct and shooting records unsealed by a new state law.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11736667 https://ww2.kqed.org/news/?p=11736667","disqusUrl":"https://ww2.kqed.org/news/2019/03/29/bay-area-ruling-could-fast-track-access-to-police-records-under-new-law/","disqusTitle":"Bay Area Ruling Could Fast-Track Access to Police Records Under New Law","path":"/news/11736667/bay-area-ruling-could-fast-track-access-to-police-records-under-new-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A state appeals court on Friday dealt another setback to police unions fighting public access to pre-2019 misconduct and serious use-of-force records, publishing the highest-level ruling to date ordering all such records should be released under the terms of a state law that took effect Jan. 1.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","label":"Unsealed: California's Secret Police Files ","target":"_blank","herolink":"https://www.kqed.org/news/tag/police-records"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In what a union spokesman said was an unrelated move, the San Francisco Police officers Association withdrew a lawsuit Friday that sought to block public access to pre-2019 records detailing officer discipline. \u003c/p>\n\u003cp>\"As we have stated previously, we believe all police agencies should fully comply with the eligible requests for records,\" the executive board of San Francisco police officers' union said in a written statement.\u003c/p>\n\u003cp>The ACLU of Northern California intervened against the SFPOA's lawsuit on behalf of several family members and advocates for people killed by San Francisco police.\u003c/p>\n\u003cp>\"We’re happy to see the records released so we can get answers for our families,” Kathleen Guneratne, a senior staff attorney with the ACLU, said in a written statement. \"It’s time for police unions to stop filing frivolous lawsuits and let the law take effect.\"\u003cbr />\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr />\nSince Jan. 1, law enforcement groups have filed over a dozen lawsuits challenging a new police transparency law's retroactivity, losing nearly every case. The law, Senate Bill 1421, requires public access to records related to sexual assault and dishonesty by police officers, as well as records on officer-involved shootings and any use of force resulting in great bodily injury.\u003c/p>\n\u003cp>Half a dozen unions in Contra Costa County filed a lawsuit challenging the law's application to pre-2019 records, and \u003ca href=\"https://www.kqed.org/news/11724434/contra-costa-county-judge-to-weigh-public-access-to-police-records\" rel=\"noopener\" target=\"_blank\">appealed\u003c/a> a Feb. 8 ruling by Contra Costa Superior Court Judge Charles Treat that rejected their argument.\u003c/p>\n\u003cp>The state's 1st District Court of Appeal, which handles cases from most Bay Area counties, \u003ca href=\"https://www.kqed.org/news/11732520/appeals-court-covering-bay-area-rules-in-favor-of-releasing-police-misconduct-shooting-records\" rel=\"noopener\" target=\"_blank\">upheld\u003c/a> Treat's ruling on March 12 in an unpublished decision that carried little legal weight beyond the Contra Costa County case. But on Friday, the court agreed to requests from a coalition of news organizations, including KQED and the Bay Area News Group, to publish the earlier decision, making it controlling law in the Bay Area and strong precedent for courts across California.\u003c/p>\n\u003cp>\"It’s the right answer, and it is the answer that trial courts up and down the state have now come to,\" said David Snyder, executive director of the San Rafael-based First Amendment Coalition. \"If this isn’t the final death knell for unions' arguments, it’s something very close to that.\"\u003cbr />\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr />\nThe First Amendment Coalition and KQED \u003ca href=\"https://www.kqed.org/news/11730624/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records\" rel=\"noopener\" target=\"_blank\">filed a related lawsuit\u003c/a> in San Francisco against California Attorney General Xavier Becerra and the state Department of Justice after they refused to provide misconduct and shooting records in their possession. The attorney general's office said the records would be withheld \"until the legal question of retroactive application of the statute is resolved by the courts.\"\u003c/p>\n\u003cp>The attorney general's office did not immediately respond to a request for comment on the appellate court's published ruling.\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr />\n\u003ciframe src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1zOih9clN3i7MR2E8KwkywNTJuwQwQqR9k_14olgDpFU&font=Default&lang=en&initial_zoom=2&height=650\" width=\"1200\" height=\"650\" 0=\"webkitallowfullscreen\" 1=\"mozallowfullscreen\" 2=\"allowfullscreen\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11736667/bay-area-ruling-could-fast-track-access-to-police-records-under-new-law","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_25303","news_19542","news_24767","news_24770","news_545","news_25132"],"featImg":"news_11736669","label":"news"},"news_11735983":{"type":"posts","id":"news_11735983","meta":{"index":"posts_1591205157","site":"news","id":"11735983","score":null,"sort":[1553739843000]},"guestAuthors":[],"slug":"probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law","title":"Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law","publishDate":1553739843,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Even as a new police transparency law is \u003ca href=\"https://www.kqed.org/news/tag/police-records-project\" target=\"_blank\" rel=\"noopener noreferrer\">opening public access\u003c/a> to disciplinary records for officers across the state, Rohnert Park city officials said a misconduct investigation will remain secret, thanks to a deal city leaders struck with an officer on Tuesday.\u003c/p>\n\u003cp>The city has \u003ca href=\"https://www.documentcloud.org/documents/5782406-HuffakerSettlement.html#document/p1\" target=\"_blank\" rel=\"noopener noreferrer\">agreed to pay\u003c/a> Joseph Huffaker $75,000 as a way of “guaranteeing he is never reinstated or otherwise employed with the City again.”\u003cbr>\n[aside postID=\"news_11714061,news_11678122,news_11673412\" label=\"'Highway Robbery' Series\" heroLink=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\"]\u003c/p>\n\u003cp>Huffaker was part of a small team of Rohnert Park officers focused on seizing drugs transported along Highway 101. He and then-sergeant Jacy Tatum worked a stretch of highway near Cloverdale, a small town about 40 miles north of Rohnert Park. From 2013 through 2017, Rohnert Park officers seized $3.6 million and 2½ tons of marijuana, according to police records.\u003c/p>\n\u003cp>The city launched an internal probe into Tatum and Huffaker's activities after several drivers came forward \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">alleging\u003c/a> their seizures were unlawful.\u003c/p>\n\u003cp>Tatum left the department last June, and Huffaker was placed on administrative leave. Assistant City Manager Don Schwartz said the internal investigation wrapped up in July. In November, the city served Huffaker with a notice of termination.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Huffaker does not believe he committed any misconduct, or that any discipline is warranted, and has indicated that he would appeal any discipline imposed,” a staff report posted on the city’s website says.\u003c/p>\n\u003cp>The settlement agreed to Tuesday was a way for the city to avoid “the costs of and potential uncertainties of any appeals,” according to the report.\u003c/p>\n\u003cp>Huffaker’s attorney did not respond to requests for comment.\u003c/p>\n\u003cp>KQED and the Bay Area News Group have requested all disciplinary records involving Rohnert Park officers under a new police transparency law that took effect on Jan. 1.\u003c/p>\n\u003cp>Senate Bill 1421 calls for the release of all records related to what’s called a “sustained” finding of dishonesty or sexual assault. That is the administrative equivalent of finding someone guilty of the alleged misconduct.\u003c/p>\n\u003cp>But Schwartz said records related to the investigation into Huffaker’s conduct will not be released, despite the city's effort to fire Huffaker, because the findings of that internal investigation were not “sustained.”\u003c/p>\n\u003cp>Glen Smith, a lawyer with the San Rafael-based First Amendment Coalition, said the city's stance indicates a potential “loophole” in the law — officers under investigation for misconduct can resign in order to avoid a “sustained” finding and the disclosures associated with it.\u003cbr>\n[pullquote citation=\"Phil Stinson Bowling Green State University\"]'We might end up with situations where agencies simply don't investigate these cases because they don't want to have to make sustained findings.'[/pullquote]\u003cbr>\n“So at this point, it's a little bit of a jump ball as to where a court would draw the line and say, 'This is a sustained finding,' ” Smith said.\u003c/p>\n\u003cp>Rohnert Park is also facing two lawsuits in connection with marijuana seizures. Schwartz said he could not comment on how the Huffaker settlement would impact that \u003ca href=\"https://www.kqed.org/news/11706921/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101\" target=\"_blank\" rel=\"noopener noreferrer\">litigation\u003c/a>.\u003c/p>\n\u003cp>Additional records that may involve official dishonesty were also noticeably absent from Rohnert Park’s response to records requests under SB 1421.\u003c/p>\n\u003cp>Tatum was placed on a list of officers with credibility problems maintained by the Sonoma County District Attorney’s Office for lying in testimony during a 2016 case. Prosecutors had to dismiss at least two other cases involving Tatum for similar reasons.\u003c/p>\n\u003cp>However, the city of Rohnert Park said no officers, including Tatum, were disciplined for dishonesty in the past five years. The response indicates that either the city did not investigate those incidents, or it did not sustain any findings related to them.\u003c/p>\n\u003cp>Criminologist Phil Stinson from Bowling Green State University said that while he hopes the scrutiny of the new law forces bad cops to change their behavior, he fears it might have other unintended consequences.\u003c/p>\n\u003cp>“We might end up with situations where agencies simply don't investigate these cases because they don't want to have to make sustained findings,” Stinson said. “Or perhaps there won't be (fewer) investigations, but they just simply won't sustain the findings.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Rohnert Park struck a deal with an officer under investigation, agreeing to pay him $75,000 as a way of 'guaranteeing he is never reinstated or otherwise employed with the City again.'","status":"publish","parent":0,"modified":1582331720,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":765},"headData":{"title":"Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law | KQED","description":"Rohnert Park struck a deal with an officer under investigation, agreeing to pay him $75,000 as a way of 'guaranteeing he is never reinstated or otherwise employed with the City again.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11735983 https://ww2.kqed.org/news/?p=11735983","disqusUrl":"https://ww2.kqed.org/news/2019/03/27/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law/","disqusTitle":"Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law","path":"/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Even as a new police transparency law is \u003ca href=\"https://www.kqed.org/news/tag/police-records-project\" target=\"_blank\" rel=\"noopener noreferrer\">opening public access\u003c/a> to disciplinary records for officers across the state, Rohnert Park city officials said a misconduct investigation will remain secret, thanks to a deal city leaders struck with an officer on Tuesday.\u003c/p>\n\u003cp>The city has \u003ca href=\"https://www.documentcloud.org/documents/5782406-HuffakerSettlement.html#document/p1\" target=\"_blank\" rel=\"noopener noreferrer\">agreed to pay\u003c/a> Joseph Huffaker $75,000 as a way of “guaranteeing he is never reinstated or otherwise employed with the City again.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11714061,news_11678122,news_11673412","label":"'Highway Robbery' Series ","herolink":"https://www.kqed.org/news/tag/highway-robbery-series","target":"_blank"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Huffaker was part of a small team of Rohnert Park officers focused on seizing drugs transported along Highway 101. He and then-sergeant Jacy Tatum worked a stretch of highway near Cloverdale, a small town about 40 miles north of Rohnert Park. From 2013 through 2017, Rohnert Park officers seized $3.6 million and 2½ tons of marijuana, according to police records.\u003c/p>\n\u003cp>The city launched an internal probe into Tatum and Huffaker's activities after several drivers came forward \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">alleging\u003c/a> their seizures were unlawful.\u003c/p>\n\u003cp>Tatum left the department last June, and Huffaker was placed on administrative leave. Assistant City Manager Don Schwartz said the internal investigation wrapped up in July. In November, the city served Huffaker with a notice of termination.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Huffaker does not believe he committed any misconduct, or that any discipline is warranted, and has indicated that he would appeal any discipline imposed,” a staff report posted on the city’s website says.\u003c/p>\n\u003cp>The settlement agreed to Tuesday was a way for the city to avoid “the costs of and potential uncertainties of any appeals,” according to the report.\u003c/p>\n\u003cp>Huffaker’s attorney did not respond to requests for comment.\u003c/p>\n\u003cp>KQED and the Bay Area News Group have requested all disciplinary records involving Rohnert Park officers under a new police transparency law that took effect on Jan. 1.\u003c/p>\n\u003cp>Senate Bill 1421 calls for the release of all records related to what’s called a “sustained” finding of dishonesty or sexual assault. That is the administrative equivalent of finding someone guilty of the alleged misconduct.\u003c/p>\n\u003cp>But Schwartz said records related to the investigation into Huffaker’s conduct will not be released, despite the city's effort to fire Huffaker, because the findings of that internal investigation were not “sustained.”\u003c/p>\n\u003cp>Glen Smith, a lawyer with the San Rafael-based First Amendment Coalition, said the city's stance indicates a potential “loophole” in the law — officers under investigation for misconduct can resign in order to avoid a “sustained” finding and the disclosures associated with it.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We might end up with situations where agencies simply don't investigate these cases because they don't want to have to make sustained findings.'","name":"pullquote","attributes":{"named":{"citation":"Phil Stinson Bowling Green State University","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n“So at this point, it's a little bit of a jump ball as to where a court would draw the line and say, 'This is a sustained finding,' ” Smith said.\u003c/p>\n\u003cp>Rohnert Park is also facing two lawsuits in connection with marijuana seizures. Schwartz said he could not comment on how the Huffaker settlement would impact that \u003ca href=\"https://www.kqed.org/news/11706921/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101\" target=\"_blank\" rel=\"noopener noreferrer\">litigation\u003c/a>.\u003c/p>\n\u003cp>Additional records that may involve official dishonesty were also noticeably absent from Rohnert Park’s response to records requests under SB 1421.\u003c/p>\n\u003cp>Tatum was placed on a list of officers with credibility problems maintained by the Sonoma County District Attorney’s Office for lying in testimony during a 2016 case. Prosecutors had to dismiss at least two other cases involving Tatum for similar reasons.\u003c/p>\n\u003cp>However, the city of Rohnert Park said no officers, including Tatum, were disciplined for dishonesty in the past five years. The response indicates that either the city did not investigate those incidents, or it did not sustain any findings related to them.\u003c/p>\n\u003cp>Criminologist Phil Stinson from Bowling Green State University said that while he hopes the scrutiny of the new law forces bad cops to change their behavior, he fears it might have other unintended consequences.\u003c/p>\n\u003cp>“We might end up with situations where agencies simply don't investigate these cases because they don't want to have to make sustained findings,” Stinson said. “Or perhaps there won't be (fewer) investigations, but they just simply won't sustain the findings.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24519","news_19801","news_25303","news_19542","news_102","news_24767","news_5026","news_25132"],"featImg":"news_11706923","label":"news_72"},"news_11734848":{"type":"posts","id":"news_11734848","meta":{"index":"posts_1591205157","site":"news","id":"11734848","score":null,"sort":[1553307136000]},"guestAuthors":[],"slug":"bart-officer-was-reprimanded-for-account-of-takedown-in-which-woman-was-severely-injured","title":"BART Officer Was Reprimanded for Account of Takedown in Which Woman Was Severely Injured","publishDate":1553307136,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A BART police officer who was captured on video in 2014 slamming a drunken woman face-first into a floor at Alameda County's Santa Rita Jail was later reprimanded for submitting a misleading report about \u003ca href=\"https://www.kqed.org/news/10509139/body-cameras-capture-bart-cop-slamming-woman-face-first-into-floor\" target=\"_blank\" rel=\"noopener\">the violent incident\u003c/a>.\u003cbr>\n[aside tag=\"police-records\" label=\"Unsealed: California's Secret Police Files\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003cbr>\nBART Officer Nolan Pianta wrote in his summary of the March 17, 2014, episode that he had \"guided\" Megan Sheehan, 28, to the floor after she had tried to strike him during a scuffle in the jail's booking area.\u003c/p>\n\u003cp>Sheehan's injuries included several facial fractures, broken teeth, lacerations to an eyelid and lip, and a concussion.\u003c/p>\n\u003cp>A BART Police Department internal affairs investigation zeroed in on Pianta's description, questioning his wording in light of Sheehan's extensive injuries.\u003c/p>\n\u003cp>\"Based on video of the incident, your takedown of Sheehan was dynamic and forceful,” wrote Acting Deputy Chief Lance Haight in a 2016 memo informing Pianta he would receive a written reprimand. “Your characterization in your police report of ‘guiding’ Sheehan to the ground is an inaccurate description of what took place and appears to minimize what happened.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"800\" height=\"450\" src=\"https://www.youtube.com/embed/Eddli4T33ys\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Haight added that Pianta’s report violated a department policy barring officers from “making any false or misleading statement … during the course of any work-related investigation.”\u003c/p>\n\u003cp>The department's investigation did not sustain allegations that Pianta used excessive force against Sheehan, who sued BART and \u003ca href=\"https://www.kqed.org/news/10964969/bart-pays-1-35-million-admits-responsibility-in-excessive-force-case\" target=\"_blank\" rel=\"noopener\">settled her case\u003c/a> in 2016 for $1.35 million.\u003c/p>\n\u003cp>\"I think it’s about time that the BART Police Department takes a look critically at the way their officers are writing reports,\" Sheehan's attorney, Lizabeth de Vries, said late Friday. \"The words and descriptions and facts that officers sometimes put in their reports, like 'guiding,' are false.\"\u003c/p>\n\u003cp>BART police released details of the department's internal investigation of the case under the terms of SB 1421, the new California law requiring police agencies throughout the state to make \u003ca href=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\" rel=\"noopener\">public certain records\u003c/a> of officer misconduct.\u003c/p>\n\u003cp>Sheehan, severely inebriated, had been detained at BART's Lake Merritt Station on charges of public intoxication, resisting arrest and battery on a police officer.\u003c/p>\n\u003cp>Pianta was not one of the arresting officers, but he was assigned to drive Sheehan to Santa Rita Jail in Dublin. Sheehan urinated in Pianta's police car and, according to an account from BART filed with the court, \"attempted to press her buttocks up against Officer Pianta’s leg in an attempt to transfer urine onto his pants\" as they walked into the jail.\u003c/p>\n\u003cp>While at the jail's booking desk, Sheehan threw a hairband at Pianta, striking him in the hat. The two began to scuffle when Pianta ordered Sheehan not to go through her purse. Witnesses — including several Oakland police officers — said Sheehan attempted to punch Pianta.\u003c/p>\n\u003cp>The account BART filed in its court papers parroted Pianta's misleading description of what happened next.\u003cbr>\n\u003cbr>\n“Acting in self-defense, the officer used an arm bar takedown and guided plaintiff to the ground,” a Nov. 20, 2014, filing in the case says. “Moments later the officer observed blood coming from plaintiff’s facial area and medical assistance was requested.”\u003c/p>\n\u003cp>The internal investigation into Pianta was paused during the lawsuit, according to the records released Friday. Pianta was served with a written reprimand on Sept. 29, 2016, about four months after BART settled the lawsuit and more than two years after Sheehan was injured.\u003c/p>\n\u003cp>Sheehan was taken to Eden Medical Center in Castro Valley, where she was interviewed the night of the incident by BART police Sgt. Steve Szopinski, the newly released documents say.\u003c/p>\n\u003cp>Szopinski activated his body camera during the interview, and BART's report quotes Sheehan as telling him, \"... This is fucked up. They like knocked my teeth (inaudible) — my teeth are missing — I’m missing two teeth.”\u003c/p>\n\u003cp>After Szopinski asked whether Sheehan wanted to tell him what happened, she said, “I know that I fucked up. ... I probably mouthed off or like, you know, took a swing or like did something stupid. ... I just didn’t know I would get this much of a fucking backlash.”\u003c/p>\n\u003cp>BART spokeswoman Alicia Trost said Friday that Pianta remains on the police force.\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/5778858-BARTNolanPianta031314CaseFile\"]\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Documents released under new police transparency law show officer was disciplined for report minimizing force used in jail incident. ","status":"publish","parent":0,"modified":1553561736,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":781},"headData":{"title":"BART Officer Was Reprimanded for Account of Takedown in Which Woman Was Severely Injured | KQED","description":"Documents released under new police transparency law show officer was disciplined for report minimizing force used in jail incident. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11734848 https://ww2.kqed.org/news/?p=11734848","disqusUrl":"https://ww2.kqed.org/news/2019/03/22/bart-officer-was-reprimanded-for-account-of-takedown-in-which-woman-was-severely-injured/","disqusTitle":"BART Officer Was Reprimanded for Account of Takedown in Which Woman Was Severely Injured","path":"/news/11734848/bart-officer-was-reprimanded-for-account-of-takedown-in-which-woman-was-severely-injured","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A BART police officer who was captured on video in 2014 slamming a drunken woman face-first into a floor at Alameda County's Santa Rita Jail was later reprimanded for submitting a misleading report about \u003ca href=\"https://www.kqed.org/news/10509139/body-cameras-capture-bart-cop-slamming-woman-face-first-into-floor\" target=\"_blank\" rel=\"noopener\">the violent incident\u003c/a>.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","label":"Unsealed: California's Secret Police Files ","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nBART Officer Nolan Pianta wrote in his summary of the March 17, 2014, episode that he had \"guided\" Megan Sheehan, 28, to the floor after she had tried to strike him during a scuffle in the jail's booking area.\u003c/p>\n\u003cp>Sheehan's injuries included several facial fractures, broken teeth, lacerations to an eyelid and lip, and a concussion.\u003c/p>\n\u003cp>A BART Police Department internal affairs investigation zeroed in on Pianta's description, questioning his wording in light of Sheehan's extensive injuries.\u003c/p>\n\u003cp>\"Based on video of the incident, your takedown of Sheehan was dynamic and forceful,” wrote Acting Deputy Chief Lance Haight in a 2016 memo informing Pianta he would receive a written reprimand. “Your characterization in your police report of ‘guiding’ Sheehan to the ground is an inaccurate description of what took place and appears to minimize what happened.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"800\" height=\"450\" src=\"https://www.youtube.com/embed/Eddli4T33ys\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Haight added that Pianta’s report violated a department policy barring officers from “making any false or misleading statement … during the course of any work-related investigation.”\u003c/p>\n\u003cp>The department's investigation did not sustain allegations that Pianta used excessive force against Sheehan, who sued BART and \u003ca href=\"https://www.kqed.org/news/10964969/bart-pays-1-35-million-admits-responsibility-in-excessive-force-case\" target=\"_blank\" rel=\"noopener\">settled her case\u003c/a> in 2016 for $1.35 million.\u003c/p>\n\u003cp>\"I think it’s about time that the BART Police Department takes a look critically at the way their officers are writing reports,\" Sheehan's attorney, Lizabeth de Vries, said late Friday. \"The words and descriptions and facts that officers sometimes put in their reports, like 'guiding,' are false.\"\u003c/p>\n\u003cp>BART police released details of the department's internal investigation of the case under the terms of SB 1421, the new California law requiring police agencies throughout the state to make \u003ca href=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\" rel=\"noopener\">public certain records\u003c/a> of officer misconduct.\u003c/p>\n\u003cp>Sheehan, severely inebriated, had been detained at BART's Lake Merritt Station on charges of public intoxication, resisting arrest and battery on a police officer.\u003c/p>\n\u003cp>Pianta was not one of the arresting officers, but he was assigned to drive Sheehan to Santa Rita Jail in Dublin. Sheehan urinated in Pianta's police car and, according to an account from BART filed with the court, \"attempted to press her buttocks up against Officer Pianta’s leg in an attempt to transfer urine onto his pants\" as they walked into the jail.\u003c/p>\n\u003cp>While at the jail's booking desk, Sheehan threw a hairband at Pianta, striking him in the hat. The two began to scuffle when Pianta ordered Sheehan not to go through her purse. Witnesses — including several Oakland police officers — said Sheehan attempted to punch Pianta.\u003c/p>\n\u003cp>The account BART filed in its court papers parroted Pianta's misleading description of what happened next.\u003cbr>\n\u003cbr>\n“Acting in self-defense, the officer used an arm bar takedown and guided plaintiff to the ground,” a Nov. 20, 2014, filing in the case says. “Moments later the officer observed blood coming from plaintiff’s facial area and medical assistance was requested.”\u003c/p>\n\u003cp>The internal investigation into Pianta was paused during the lawsuit, according to the records released Friday. Pianta was served with a written reprimand on Sept. 29, 2016, about four months after BART settled the lawsuit and more than two years after Sheehan was injured.\u003c/p>\n\u003cp>Sheehan was taken to Eden Medical Center in Castro Valley, where she was interviewed the night of the incident by BART police Sgt. Steve Szopinski, the newly released documents say.\u003c/p>\n\u003cp>Szopinski activated his body camera during the interview, and BART's report quotes Sheehan as telling him, \"... This is fucked up. They like knocked my teeth (inaudible) — my teeth are missing — I’m missing two teeth.”\u003c/p>\n\u003cp>After Szopinski asked whether Sheehan wanted to tell him what happened, she said, “I know that I fucked up. ... I probably mouthed off or like, you know, took a swing or like did something stupid. ... I just didn’t know I would get this much of a fucking backlash.”\u003c/p>\n\u003cp>BART spokeswoman Alicia Trost said Friday that Pianta remains on the police force.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/5778858-BARTNolanPianta031314CaseFile","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11734848/bart-officer-was-reprimanded-for-account-of-takedown-in-which-woman-was-severely-injured","authors":["222","3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_269","news_25303","news_18049","news_24767","news_25132"],"featImg":"news_11734866","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2023/08/possible-5gxfizEbKOJ-pbF5ASgxrs_.1400x1400.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2022/02/mindshift2021-tile-3000x3000-1-scaled-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://ww2.kqed.org/app/uploads/2021/10/ME_1400.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/01/OOW_Tile_Final.png","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. 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