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"content": "\u003cp>The brother of a California man shot to death by police says he still hopes the officers who fired the fatal bullets can be held accountable.\u003c/p>\n\u003cp>Stevante Clark called on California's attorney general to prosecute them after the local district attorney declined to do so. He told reporters his family was devastated, first by his brother Stephon's \u003ca href=\"https://www.kqed.org/news/11657508/demonstrators-protest-sacramento-police-fatal-shooting-of-unarmed-black-man\" target=\"_blank\" rel=\"noopener\">killing in March 2018\u003c/a> as he held a cellphone, and again Saturday when Sacramento County District Attorney Anne Marie Schubert announced the officers would not be charged.\u003c/p>\n\u003cp>[pullquote size=\"small\" align=”right” citation=\"Stevante Clark\"]\"Our lives are suffering, our hearts are shattered, my family is in agony ever since the callous murder of my brother in my grandmother's backyard.\"[/pullquote]\u003c/p>\n\u003cp>\"Our lives are suffering, our hearts are shattered, my family is in agony ever since the callous murder of my brother in my grandmother's backyard,\" the soft-spoken Clark told a news conference attended by his family and friends.\u003c/p>\n\u003cp>\"I would like for the attorney general to prosecute the officers,\" he added. \"I want justice and accountability.\"\u003c/p>\n\u003cp>Earlier Sunday the family's attorney, Ben Crump, said on the Rev. Al Sharpton's MSNBC program that state Attorney General Xavier Becerra is expected to release the findings of his own investigation into the shooting on March 18.\u003c/p>\n\u003cp>That's the anniversary of Clark's death, and Crump said he anticipates a large protest at the state Capitol that day. There have been \u003ca href=\"https://www.kqed.org/news/11659849/many-protests-few-arrests-in-sacramento-following-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">several\u003c/a> in Sacramento since the shooting.\u003c/p>\n\u003cp>In announcing that Officers Terrance Mercadal and Jared Robinet would not be charged, Schubert said prosecutors who reviewed video footage and other evidence determined they were telling the truth when they said they thought the cellphone Stephon Clark was holding was a gun.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Schubert also said physical evidence revealed Clark was the vandalism suspect they were looking for who had just broken three vehicle windows and an elderly man's sliding glass patio door before climbing a fence to reach his grandparents' backyard.\u003c/p>\n\u003cp>She said the 22-year-old had been going through a troubled time in the days leading up to the shooting.\u003c/p>\n\u003cp>The mother of his two children had recently filed a domestic abuse complaint against him that could have put him in jail, Schubert said, adding he'd been researching suicide websites. Among them, she said, were those that suggested using a tranquilizer that was found in his body.\u003c/p>\n\u003cp>[aside hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/RS30187_GettyImages-936684358-qut-1020x656.jpg\" label=\"Police Shooting of Stephon Clark\" link1=\"https://www.kqed.org/news/11730276/2-sacramento-cops-who-shot-stephon-clark-wont-face-charges, 2 Sacramento Cops Who Shot Stephon Clark Won't Face Charges\" link2=\"https://www.kqed.org/news/11666113/stephon-clark-autopsy-controversy-as-county-coroner-points-to-errors-private-doctor-defends-his-findings, Stephon Clark Autopsy Controversy: As Coroner Points to Errors, Private Doctor Defends His Findings\" link3=\"https://www.kqed.org/news/11662813/sacramento-police-release-new-videos-related-to-stephon-clark-shooting, Sacramento Police Release New Videos Related to Stephon Clark Shooting\"]\u003c/p>\n\u003cp>His brother complained that revealing that information was an attempt to blame his brother for getting killed.\u003c/p>\n\u003cp>\"No matter what he did on the 16th and the 17th doesn't determine what happened on the 18th,\" he said. \"All of these things are irrelevant.\"\u003c/p>\n\u003cp>\"Stephon, it was like he was killed again,\" he continued. \"Literally, she ran his name through the dirt.\"\u003c/p>\n\u003cp>Schubert, who called the shooting a tragedy, repeatedly apologized for raising the personal details during her hourlong presentation on Saturday.\u003c/p>\n\u003cp>\"I can't tell ultimately what was going on in his mind,\" she said. \"He was in a state of despair and he was impaired, and that may have affected his judgment.\"\u003c/p>\n\u003cp>Stevante Clark said his family plans to mark the upcoming anniversary of his brother's death with a weekend honoring his life that will begin on March 15 and conclude on March 18. He called on the community to remain peaceful.\u003c/p>\n\u003cp>\"Everything that's peaceful that's done, we support it,\" he said, adding the family's ultimate goal is to change laws to limit police shootings and to hold police departments more accountable.\u003c/p>\n\u003cp>Police officials and Sacramento Mayor Darrell Steinberg have said that since the shooting the department has increased training, limited foot pursuits like those in the Clark case and committed to quickly releasing videos of officer-involved shootings.\u003c/p>\n\u003cp>Clark said he appreciates all of that.\u003c/p>\n\u003cp>\"But at the end of the day, Stephon is not here with us,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Our lives are suffering, our hearts are shattered, my family is in agony ever since the callous murder of my brother in my grandmother's backyard,\" the soft-spoken Clark told a news conference attended by his family and friends.\u003c/p>\n\u003cp>\"I would like for the attorney general to prosecute the officers,\" he added. \"I want justice and accountability.\"\u003c/p>\n\u003cp>Earlier Sunday the family's attorney, Ben Crump, said on the Rev. Al Sharpton's MSNBC program that state Attorney General Xavier Becerra is expected to release the findings of his own investigation into the shooting on March 18.\u003c/p>\n\u003cp>That's the anniversary of Clark's death, and Crump said he anticipates a large protest at the state Capitol that day. There have been \u003ca href=\"https://www.kqed.org/news/11659849/many-protests-few-arrests-in-sacramento-following-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">several\u003c/a> in Sacramento since the shooting.\u003c/p>\n\u003cp>In announcing that Officers Terrance Mercadal and Jared Robinet would not be charged, Schubert said prosecutors who reviewed video footage and other evidence determined they were telling the truth when they said they thought the cellphone Stephon Clark was holding was a gun.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Schubert also said physical evidence revealed Clark was the vandalism suspect they were looking for who had just broken three vehicle windows and an elderly man's sliding glass patio door before climbing a fence to reach his grandparents' backyard.\u003c/p>\n\u003cp>She said the 22-year-old had been going through a troubled time in the days leading up to the shooting.\u003c/p>\n\u003cp>The mother of his two children had recently filed a domestic abuse complaint against him that could have put him in jail, Schubert said, adding he'd been researching suicide websites. Among them, she said, were those that suggested using a tranquilizer that was found in his body.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"link1": "https://www.kqed.org/news/11730276/2-sacramento-cops-who-shot-stephon-clark-wont-face-charges, 2 Sacramento Cops Who Shot Stephon Clark Won't Face Charges",
"link2": "https://www.kqed.org/news/11666113/stephon-clark-autopsy-controversy-as-county-coroner-points-to-errors-private-doctor-defends-his-findings, Stephon Clark Autopsy Controversy: As Coroner Points to Errors, Private Doctor Defends His Findings",
"link3": "https://www.kqed.org/news/11662813/sacramento-police-release-new-videos-related-to-stephon-clark-shooting, Sacramento Police Release New Videos Related to Stephon Clark Shooting"
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>His brother complained that revealing that information was an attempt to blame his brother for getting killed.\u003c/p>\n\u003cp>\"No matter what he did on the 16th and the 17th doesn't determine what happened on the 18th,\" he said. \"All of these things are irrelevant.\"\u003c/p>\n\u003cp>\"Stephon, it was like he was killed again,\" he continued. \"Literally, she ran his name through the dirt.\"\u003c/p>\n\u003cp>Schubert, who called the shooting a tragedy, repeatedly apologized for raising the personal details during her hourlong presentation on Saturday.\u003c/p>\n\u003cp>\"I can't tell ultimately what was going on in his mind,\" she said. \"He was in a state of despair and he was impaired, and that may have affected his judgment.\"\u003c/p>\n\u003cp>Stevante Clark said his family plans to mark the upcoming anniversary of his brother's death with a weekend honoring his life that will begin on March 15 and conclude on March 18. He called on the community to remain peaceful.\u003c/p>\n\u003cp>\"Everything that's peaceful that's done, we support it,\" he said, adding the family's ultimate goal is to change laws to limit police shootings and to hold police departments more accountable.\u003c/p>\n\u003cp>Police officials and Sacramento Mayor Darrell Steinberg have said that since the shooting the department has increased training, limited foot pursuits like those in the Clark case and committed to quickly releasing videos of officer-involved shootings.\u003c/p>\n\u003cp>Clark said he appreciates all of that.\u003c/p>\n\u003cp>\"But at the end of the day, Stephon is not here with us,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "2 Sacramento Cops Who Shot Stephon Clark Won't Face Charges",
"title": "2 Sacramento Cops Who Shot Stephon Clark Won't Face Charges",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>The two Sacramento police officers whose fatal shooting of an unarmed black man last year prompted \u003ca href=\"https://www.kqed.org/news/11659849/many-protests-few-arrests-in-sacramento-following-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">nationwide protests\u003c/a> will not face criminal charges, Sacramento County District Attorney Anne Marie Schubert announced Saturday.\u003c/p>\n\u003cp>Schubert said the use of lethal force used by Officers Terrance Mercadal and Jared Robinet was lawful. The officers have said they thought Clark, a vandalism suspect, had a gun but investigators found only a cellphone.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\">KQED's full coverage of the Stephon Clark shooting\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\">\u003cimg src=\"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2019/03/infrared.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"We must recognize that they are often forced to make split-second decisions and we must recognize that they are under tense, uncertain and rapidly evolving circumstances,\" Schubert said.\u003c/p>\n\u003cp>The city has been bracing for protests ahead of the decision, with business owners warned by a business association and state government workers told by legislative officials in recent days to stay away from downtown at least through the weekend.\u003c/p>\n\u003cp>Schubert said the decision not to file charges against the officers \"does not diminish in any way the tragedy, the anger and the frustration that we heard since the time of his death.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She added: \"We cannot ignore that there is rage within our community.\"\u003c/p>\n\u003cp>Stephon's mother Sequette said in a press conference that the District Attorney's decision is unacceptable.\u003c/p>\n\u003cp>\"What matters is how those officers came with lethal force around a corner on a vandalism call after my son and gunned him down when he had nothing but a cellphone in his hand,\" said Sequette Clark. \"It was homicide and they should be charged.\"\u003c/p>\n\u003cp>Protests after the shooting were largely peaceful but disrupted downtown professional basketball games and freeway traffic.\u003c/p>\n\u003cp>Clark's family, including his two sons, his parents and his grandparents, filed a wrongful death lawsuit in January seeking more than $20 million from the city, Mercadal and Robinet, alleging that the officers used excessive force and that he was a victim of racial profiling.\u003c/p>\n\u003cp>One of the officers who shot Clark is black and the other is white, police said.\u003c/p>\n\u003cp>Passions were more inflamed by conflicting autopsy results.\u003c/p>\n\u003cp>Police said Clark was facing officers when he was killed, moving forward with his arms extended and an object in his hands.\u003c/p>\n\u003cp>Police video of the shooting does not clearly capture all that happened after Clark ran into his grandmother's backyard.\u003c/p>\n\u003cp>It shows him initially moving toward the officers, who are peeking out from behind a corner of the house, but it's not clear whether he was facing them or that he knew the officers were there when they opened fire after shouting \"gun, gun, gun.\" The video shows Clark staggering sideways and falling on his stomach as the officers continue shooting.\u003c/p>\n\u003cp>Dr. Bennet Omalu, the pathologist whose study of chronic traumatic encephalopathy in football players prompted the NFL to adopt new safety rules designed to prevent concussions, said the autopsy he conducted for the family showed police shot Clark seven times from behind.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11665949/dueling-autopsies-stir-controversy-over-sacramento-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">official autopsy\u003c/a> made public later said Clark was most likely shot as he approached police, consistent with the officers' story. The pathologist retained by the Sacramento County coroner said Omalu mistook an exit wound for an entry wound, leaving the impression that police first shot Clark from the back, though Omalu defended his conclusion.\u003c/p>\n\u003cp>Sacramento Mayor Darrell Steinburg said the DA's decision highlights the need for a change in California's penal code.\u003c/p>\n\u003cp>California Attorney General Xavier Becerra is conducting his own investigation at the request of local officials.\u003c/p>\n\u003cp>Use of force experts have said there was little chance the officers would face criminal charges under court decisions that let officers use deadly force when they have a reasonable fear of being harmed. The standard makes it rare for officers to be charged after a shooting and rarer still for them to be convicted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Clark's shooting helped prompt pending state legislation that would allow police to use deadly force only if there if there is no reasonable alternative, including non-lethal force or efforts to calm the situation.\u003c/p>\n\n",
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"excerpt": "The Sacramento District Attorney announced today that two police officers won't be prosecuted for their involvement in the shooting death of Stephon Clark.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The two Sacramento police officers whose fatal shooting of an unarmed black man last year prompted \u003ca href=\"https://www.kqed.org/news/11659849/many-protests-few-arrests-in-sacramento-following-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">nationwide protests\u003c/a> will not face criminal charges, Sacramento County District Attorney Anne Marie Schubert announced Saturday.\u003c/p>\n\u003cp>Schubert said the use of lethal force used by Officers Terrance Mercadal and Jared Robinet was lawful. The officers have said they thought Clark, a vandalism suspect, had a gun but investigators found only a cellphone.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\">KQED's full coverage of the Stephon Clark shooting\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\">\u003cimg src=\"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2019/03/infrared.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"We must recognize that they are often forced to make split-second decisions and we must recognize that they are under tense, uncertain and rapidly evolving circumstances,\" Schubert said.\u003c/p>\n\u003cp>The city has been bracing for protests ahead of the decision, with business owners warned by a business association and state government workers told by legislative officials in recent days to stay away from downtown at least through the weekend.\u003c/p>\n\u003cp>Schubert said the decision not to file charges against the officers \"does not diminish in any way the tragedy, the anger and the frustration that we heard since the time of his death.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She added: \"We cannot ignore that there is rage within our community.\"\u003c/p>\n\u003cp>Stephon's mother Sequette said in a press conference that the District Attorney's decision is unacceptable.\u003c/p>\n\u003cp>\"What matters is how those officers came with lethal force around a corner on a vandalism call after my son and gunned him down when he had nothing but a cellphone in his hand,\" said Sequette Clark. \"It was homicide and they should be charged.\"\u003c/p>\n\u003cp>Protests after the shooting were largely peaceful but disrupted downtown professional basketball games and freeway traffic.\u003c/p>\n\u003cp>Clark's family, including his two sons, his parents and his grandparents, filed a wrongful death lawsuit in January seeking more than $20 million from the city, Mercadal and Robinet, alleging that the officers used excessive force and that he was a victim of racial profiling.\u003c/p>\n\u003cp>One of the officers who shot Clark is black and the other is white, police said.\u003c/p>\n\u003cp>Passions were more inflamed by conflicting autopsy results.\u003c/p>\n\u003cp>Police said Clark was facing officers when he was killed, moving forward with his arms extended and an object in his hands.\u003c/p>\n\u003cp>Police video of the shooting does not clearly capture all that happened after Clark ran into his grandmother's backyard.\u003c/p>\n\u003cp>It shows him initially moving toward the officers, who are peeking out from behind a corner of the house, but it's not clear whether he was facing them or that he knew the officers were there when they opened fire after shouting \"gun, gun, gun.\" The video shows Clark staggering sideways and falling on his stomach as the officers continue shooting.\u003c/p>\n\u003cp>Dr. Bennet Omalu, the pathologist whose study of chronic traumatic encephalopathy in football players prompted the NFL to adopt new safety rules designed to prevent concussions, said the autopsy he conducted for the family showed police shot Clark seven times from behind.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11665949/dueling-autopsies-stir-controversy-over-sacramento-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">official autopsy\u003c/a> made public later said Clark was most likely shot as he approached police, consistent with the officers' story. The pathologist retained by the Sacramento County coroner said Omalu mistook an exit wound for an entry wound, leaving the impression that police first shot Clark from the back, though Omalu defended his conclusion.\u003c/p>\n\u003cp>Sacramento Mayor Darrell Steinburg said the DA's decision highlights the need for a change in California's penal code.\u003c/p>\n\u003cp>California Attorney General Xavier Becerra is conducting his own investigation at the request of local officials.\u003c/p>\n\u003cp>Use of force experts have said there was little chance the officers would face criminal charges under court decisions that let officers use deadly force when they have a reasonable fear of being harmed. The standard makes it rare for officers to be charged after a shooting and rarer still for them to be convicted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Clark's shooting helped prompt pending state legislation that would allow police to use deadly force only if there if there is no reasonable alternative, including non-lethal force or efforts to calm the situation.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Stephon Clark's Family Marks Six Months Since His Death",
"title": "Stephon Clark's Family Marks Six Months Since His Death",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Tuesday marked six months since two Sacramento police officers shot and killed 22-year-old \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark\" rel=\"noopener\" target=\"_blank\">Stephon Clark\u003c/a>, an unarmed black man suspected of breaking car windows and a glass door on a neighbors house before the officers confronted him in his grandparent’s backyard.\u003c/p>\n\u003cp>Clark’s family marked the half-year anniversary of his death by calling on police to take responsibility for the shooting. The family \u003ca href=\"https://www.sacbee.com/latest-news/article217996215.html\" rel=\"noopener\" target=\"_blank\">filed a legal claim\u003c/a> earlier this month against the city seeking up to $35 million. Such claims are generally a precursor to a civil rights lawsuit.\u003c/p>\n\u003cp>Clark’s mother Se'Quette Clark said she wants an apology from Sacramento police for killing her son.\u003c/p>\n\u003cp>“This is affecting my entire life, the lives of his siblings, the lives of my parents. It’s affecting our entire family,\" she said. \"We’re not OK as a result of this. No one’s OK, we’re not OK. We can’t just, like, go on.”\u003c/p>\n\u003cp>The Police Department never confirmed the identities of the officers who fired at Clark, but civil rights attorneys who identified them through file names on body camera footage the department released confirmed officers Terrence Mercadal and Jared Robinet fired the shots.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The family joined dozens of protesters who gathered Tuesday in front of a law enforcement convention in downtown Sacramento. Clark’s brother Stevante Clark said these past few months have been \"hell.\"\u003c/p>\n\u003cp>\"I’m here to promote accountability on the officers, on the sheriff, on the city of Sacramento,\" he said. \"And it hurts. It hurts that this is happening in the heart of California.”\u003c/p>\n\u003cfigure id=\"attachment_11693360\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11693360\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-800x600.jpg\" alt=\"Protesters stage a die-in on the sixth month anniversary of Stephon Clark's death.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters stage a die-in on the sixth month anniversary of Stephon Clark's death. \u003ccite>(Katie Orr/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Protesters staged a \"die-in,\" lying in nylon coffins in the street in front of the city’s convention center. Police, wearing helmets and visors, repeatedly warned protesters they could be arrested or injured if they didn't move. The protesters eventually began marching through downtown.\u003c/p>\n\u003cp>The Rev. Al Sharpton will be in Sacramento Wednesday to call on law enforcement to expedite an internal investigation into Clark’s death. That investigation is ongoing, and no charges have been filed.\u003c/p>\n\u003cp>The officers confronted Stephon Clark last March as they were searching for a burglary suspect. Video taken from a helicopter captured Clark in the backyard of a neighboring home, and the pilot reported that Clark broke a sliding glass door before he can be seen hopping a fence and walking into his grandparents property.\u003c/p>\n\u003cp>The officers shout \"gun\" before firing. A cell phone was later recovered next to Clark's body. \u003c/p>\n\u003cp>The officers fired at him 20 times. \u003ca href=\"https://www.kqed.org/news/11658808/independent-autopsy-finds-police-shot-stephon-clark-in-the-back\" rel=\"noopener\" target=\"_blank\">An independent autopsy\u003c/a> commissioned by the family found Clark had been hit eight times and had been facing away from the officers when he was initially struck.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11665949/dueling-autopsies-stir-controversy-over-sacramento-police-shooting-of-stephon-clark\" rel=\"noopener\" target=\"_blank\">official coroner's report\u003c/a> contradicted some of those findings.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=4ICLcwf7YsY\u003c/p>\n\n",
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"headline": "Stephon Clark's Family Marks Six Months Since His Death",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Tuesday marked six months since two Sacramento police officers shot and killed 22-year-old \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark\" rel=\"noopener\" target=\"_blank\">Stephon Clark\u003c/a>, an unarmed black man suspected of breaking car windows and a glass door on a neighbors house before the officers confronted him in his grandparent’s backyard.\u003c/p>\n\u003cp>Clark’s family marked the half-year anniversary of his death by calling on police to take responsibility for the shooting. The family \u003ca href=\"https://www.sacbee.com/latest-news/article217996215.html\" rel=\"noopener\" target=\"_blank\">filed a legal claim\u003c/a> earlier this month against the city seeking up to $35 million. Such claims are generally a precursor to a civil rights lawsuit.\u003c/p>\n\u003cp>Clark’s mother Se'Quette Clark said she wants an apology from Sacramento police for killing her son.\u003c/p>\n\u003cp>“This is affecting my entire life, the lives of his siblings, the lives of my parents. It’s affecting our entire family,\" she said. \"We’re not OK as a result of this. No one’s OK, we’re not OK. We can’t just, like, go on.”\u003c/p>\n\u003cp>The Police Department never confirmed the identities of the officers who fired at Clark, but civil rights attorneys who identified them through file names on body camera footage the department released confirmed officers Terrence Mercadal and Jared Robinet fired the shots.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The family joined dozens of protesters who gathered Tuesday in front of a law enforcement convention in downtown Sacramento. Clark’s brother Stevante Clark said these past few months have been \"hell.\"\u003c/p>\n\u003cp>\"I’m here to promote accountability on the officers, on the sheriff, on the city of Sacramento,\" he said. \"And it hurts. It hurts that this is happening in the heart of California.”\u003c/p>\n\u003cfigure id=\"attachment_11693360\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11693360\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-800x600.jpg\" alt=\"Protesters stage a die-in on the sixth month anniversary of Stephon Clark's death.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/09/RS32920_Real-Die-In-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters stage a die-in on the sixth month anniversary of Stephon Clark's death. \u003ccite>(Katie Orr/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Protesters staged a \"die-in,\" lying in nylon coffins in the street in front of the city’s convention center. Police, wearing helmets and visors, repeatedly warned protesters they could be arrested or injured if they didn't move. The protesters eventually began marching through downtown.\u003c/p>\n\u003cp>The Rev. Al Sharpton will be in Sacramento Wednesday to call on law enforcement to expedite an internal investigation into Clark’s death. That investigation is ongoing, and no charges have been filed.\u003c/p>\n\u003cp>The officers confronted Stephon Clark last March as they were searching for a burglary suspect. Video taken from a helicopter captured Clark in the backyard of a neighboring home, and the pilot reported that Clark broke a sliding glass door before he can be seen hopping a fence and walking into his grandparents property.\u003c/p>\n\u003cp>The officers shout \"gun\" before firing. A cell phone was later recovered next to Clark's body. \u003c/p>\n\u003cp>The officers fired at him 20 times. \u003ca href=\"https://www.kqed.org/news/11658808/independent-autopsy-finds-police-shot-stephon-clark-in-the-back\" rel=\"noopener\" target=\"_blank\">An independent autopsy\u003c/a> commissioned by the family found Clark had been hit eight times and had been facing away from the officers when he was initially struck.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11665949/dueling-autopsies-stir-controversy-over-sacramento-police-shooting-of-stephon-clark\" rel=\"noopener\" target=\"_blank\">official coroner's report\u003c/a> contradicted some of those findings.\u003c/p>\n\u003cp>\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/4ICLcwf7YsY'\n title='//www.youtube.com/embed/4ICLcwf7YsY'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Stephon Clark Autopsy Controversy: As Coroner Points to Errors, Private Doctor Defends His Findings",
"title": "Stephon Clark Autopsy Controversy: As Coroner Points to Errors, Private Doctor Defends His Findings",
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"content": "\u003cp>The forensic pathologist who performed a private autopsy on \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\" target=\"_blank\" rel=\"noopener\">Stephon Clark\u003c/a> said in a statement late Wednesday that he stands \"firmly in defense\" of his findings in the high-profile Sacramento police shooting case.\u003c/p>\n\u003cp>The statement from Dr. Bennet Omalu come after an official report released by the Sacramento County coroner declared that Omalu's autopsy contained \"erroneous information.\"\u003c/p>\n\u003cp>Omalu \u003ca href=\"https://www.kqed.org/news/11658808/independent-autopsy-finds-police-shot-stephon-clark-in-the-back\" target=\"_blank\" rel=\"noopener\">announced his original findings\u003c/a> at a March 30 press conference with attorneys for Clark's family but has not made public a complete report on the private autopsy he performed. In his report, Omalu said the unarmed Clark was shot 8 times, primarily in the back.\u003c/p>\n\u003cp>Clark died the evening of March 18, after two Sacramento police officers fired 20 rounds at him seconds after confronting him in his grandparents' back yard.\u003c/p>\n\u003cp>The officers say they were responding to 911 calls regarding a suspect breaking into cars in the south Sacramento neighborhood, and a sheriff's helicopter reported that Clark broke a window on a neighbor's house before he was recorded jumping a fence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=4ICLcwf7YsY&feature=youtu.be\u003c/p>\n\u003cp>The officers arrived about 30 seconds later. One of the officers was recorded on body camera video shouting, \"Show me your hands -- gun!\" then repeating it before shouting \"Gun, gun, gun!\" a second before both officers started firing.\u003c/p>\n\u003cp>A cellphone was discovered near Clark's body.\u003c/p>\n\u003cp>The Sacramento County coroner's report \u003ca href=\"https://www.kqed.org/news/11665949/dueling-autopsies-stir-controversy-over-sacramento-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">made public on Tuesday\u003c/a> was prefaced by a letter that said Omalu's private autopsy was reviewed by three additional forensic pathologists in the office, plus former Sacramento County forensic pathologist Gregory Reiber, \"in an effort to ensure we got the facts correct.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/Officer-Involved-Shootings/Coroner-Report-2018_0427.pdf?la=en\" target=\"_blank\" rel=\"noopener\">coroner's report\u003c/a> found seven gunshot wounds on Clark's body, and Reiber wrote in his \u003ca href=\"http://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/Officer-Involved-Shootings/Reiber-Review-2018_0422-V2.pdf?la=en\" target=\"_blank\" rel=\"noopener\">review\u003c/a> that Omalu mistook an exit wound on the left side of Clark's chest for an eighth entry wound.\u003c/p>\n\u003cp>\"This is a significant error, as it leads to incorrect conclusions regarding the relative positions of the victim and the shooters during the event,\" Reiber wrote.\u003c/p>\n\u003cp>While Omalu said Clark wasn't facing the police when they shot him, Reiber concluded that the body camera and helicopter videos show \"there was an initial face-on confrontation,\" and that Clark was moving toward the officers when they began to fire.\u003c/p>\n\u003cp>Reiber's analysis also challenged Omalu's conclusion that Clark had been shot primarily from behind. He argued that three of six wounds Omalu had described as being in the back were actually on Clark's right side.\u003c/p>\n\u003cp>Omalu's statement dismissed Reiber's statement as \"inaccurate.\"\u003c/p>\n\u003cp>In a \u003ca href=\"https://docs.google.com/document/d/10tisgumYJ7lbGNLSxVnlMtc0SZcq2Ofy3fp65pSQXHo/edit?usp=sharing\" target=\"_blank\" rel=\"noopener\">joint statement\u003c/a>, three civil attorneys representing Clark's family defended Omalu's credibility and criticized Reiber's past association with the Sacramento County coroner.\u003c/p>\n\u003cp>\"It is outrageous, but not surprising, that authorities would attempt to defend the indefensible,\" the statement by attorneys Ben Crump, Brian Panish and Dale Galipo says. \"Stephon Clark was shot in the back, multiple times, while armed with nothing more than a cellphone, posing no real threat to police.\"\u003c/p>\n\u003cp>The statement says Reiber \"was employed by the County of Sacramento and has been historically pro-law enforcement.\"\u003c/p>\n\u003cp>The attorneys point to Reiber's recent testimony to the state Senate Public Safety Committee in opposition to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1303\" target=\"_blank\" rel=\"noopener\">legislation\u003c/a> that would require large California counties to use a medical examiner system, independent of county sheriff's departments, to investigate suspicious deaths. Most California counties use a sheriff-coroner system, where the sheriff makes the ultimate determination of manner of death.\u003c/p>\n\u003cp>The sheriff-coroner system has faced recent criticism, driven in part by Omalu, who \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\" target=\"_blank\" rel=\"noopener\">resigned\u003c/a> as San Joaquin County's chief forensic pathologist in December, alleging interference from Sheriff Steve Moore in cases involving deaths at the hands of law enforcement. Omalu also testified in support of the bill mandating a medical examiner system for large California counties.\u003c/p>\n\u003cp>Omalu said in \u003ca href=\"https://drive.google.com/file/d/1b1SQNtL2hzOsFFaU3P8F81xBmrLSCeqE/view\" target=\"_blank\" rel=\"noopener\">his statement\u003c/a> that the initial autopsy on Clark -- performed by Sacramento County forensic pathologist Keng-Chin Su -- neglected both basic and advanced procedures that could provide insight into Clark's death.\u003c/p>\n\u003cp>\"To my utter dismay, I observed that none of the gunshot wounds had been previously excised for histologic evaluation,\" Omalu wrote, referring to a microscopic examination of the tissue around the gunshot wounds. He wrote that his examination of \"the wound in question\" on back of Clark's left side \"demonstrated a gunshot wound of entrance.\"\u003c/p>\n\u003cp>Omalu wrote that he also removed the spinal cord and documented significant injuries not identified in the coroner's report.\u003c/p>\n\u003cp>\"At this time, none of the pathologists who have signed the autopsy report and claimed that I was wrong have examined the spinal cord, either grossly or microscopically,\" Omalu wrote.\u003c/p>\n\u003cp>Finally, Omalu and the attorneys released a black-and-white \u003ca href=\"https://drive.google.com/file/d/1VYcqQeC4oYjFljbgLJTc0P9kEfTug2aF/view\" target=\"_blank\" rel=\"noopener\">photograph\u003c/a> of the upper right, back of Clark's body, which shows six gunshot wounds.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Experts may have different opinions, but a picture is a picture,\" Omalu wrote. \"A picture does not have an opinion.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The forensic pathologist who performed a private autopsy on \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\" target=\"_blank\" rel=\"noopener\">Stephon Clark\u003c/a> said in a statement late Wednesday that he stands \"firmly in defense\" of his findings in the high-profile Sacramento police shooting case.\u003c/p>\n\u003cp>The statement from Dr. Bennet Omalu come after an official report released by the Sacramento County coroner declared that Omalu's autopsy contained \"erroneous information.\"\u003c/p>\n\u003cp>Omalu \u003ca href=\"https://www.kqed.org/news/11658808/independent-autopsy-finds-police-shot-stephon-clark-in-the-back\" target=\"_blank\" rel=\"noopener\">announced his original findings\u003c/a> at a March 30 press conference with attorneys for Clark's family but has not made public a complete report on the private autopsy he performed. In his report, Omalu said the unarmed Clark was shot 8 times, primarily in the back.\u003c/p>\n\u003cp>Clark died the evening of March 18, after two Sacramento police officers fired 20 rounds at him seconds after confronting him in his grandparents' back yard.\u003c/p>\n\u003cp>The officers say they were responding to 911 calls regarding a suspect breaking into cars in the south Sacramento neighborhood, and a sheriff's helicopter reported that Clark broke a window on a neighbor's house before he was recorded jumping a fence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/4ICLcwf7YsY'\n title='//www.youtube.com/embed/4ICLcwf7YsY'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The officers arrived about 30 seconds later. One of the officers was recorded on body camera video shouting, \"Show me your hands -- gun!\" then repeating it before shouting \"Gun, gun, gun!\" a second before both officers started firing.\u003c/p>\n\u003cp>A cellphone was discovered near Clark's body.\u003c/p>\n\u003cp>The Sacramento County coroner's report \u003ca href=\"https://www.kqed.org/news/11665949/dueling-autopsies-stir-controversy-over-sacramento-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">made public on Tuesday\u003c/a> was prefaced by a letter that said Omalu's private autopsy was reviewed by three additional forensic pathologists in the office, plus former Sacramento County forensic pathologist Gregory Reiber, \"in an effort to ensure we got the facts correct.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/Officer-Involved-Shootings/Coroner-Report-2018_0427.pdf?la=en\" target=\"_blank\" rel=\"noopener\">coroner's report\u003c/a> found seven gunshot wounds on Clark's body, and Reiber wrote in his \u003ca href=\"http://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/Officer-Involved-Shootings/Reiber-Review-2018_0422-V2.pdf?la=en\" target=\"_blank\" rel=\"noopener\">review\u003c/a> that Omalu mistook an exit wound on the left side of Clark's chest for an eighth entry wound.\u003c/p>\n\u003cp>\"This is a significant error, as it leads to incorrect conclusions regarding the relative positions of the victim and the shooters during the event,\" Reiber wrote.\u003c/p>\n\u003cp>While Omalu said Clark wasn't facing the police when they shot him, Reiber concluded that the body camera and helicopter videos show \"there was an initial face-on confrontation,\" and that Clark was moving toward the officers when they began to fire.\u003c/p>\n\u003cp>Reiber's analysis also challenged Omalu's conclusion that Clark had been shot primarily from behind. He argued that three of six wounds Omalu had described as being in the back were actually on Clark's right side.\u003c/p>\n\u003cp>Omalu's statement dismissed Reiber's statement as \"inaccurate.\"\u003c/p>\n\u003cp>In a \u003ca href=\"https://docs.google.com/document/d/10tisgumYJ7lbGNLSxVnlMtc0SZcq2Ofy3fp65pSQXHo/edit?usp=sharing\" target=\"_blank\" rel=\"noopener\">joint statement\u003c/a>, three civil attorneys representing Clark's family defended Omalu's credibility and criticized Reiber's past association with the Sacramento County coroner.\u003c/p>\n\u003cp>\"It is outrageous, but not surprising, that authorities would attempt to defend the indefensible,\" the statement by attorneys Ben Crump, Brian Panish and Dale Galipo says. \"Stephon Clark was shot in the back, multiple times, while armed with nothing more than a cellphone, posing no real threat to police.\"\u003c/p>\n\u003cp>The statement says Reiber \"was employed by the County of Sacramento and has been historically pro-law enforcement.\"\u003c/p>\n\u003cp>The attorneys point to Reiber's recent testimony to the state Senate Public Safety Committee in opposition to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1303\" target=\"_blank\" rel=\"noopener\">legislation\u003c/a> that would require large California counties to use a medical examiner system, independent of county sheriff's departments, to investigate suspicious deaths. Most California counties use a sheriff-coroner system, where the sheriff makes the ultimate determination of manner of death.\u003c/p>\n\u003cp>The sheriff-coroner system has faced recent criticism, driven in part by Omalu, who \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\" target=\"_blank\" rel=\"noopener\">resigned\u003c/a> as San Joaquin County's chief forensic pathologist in December, alleging interference from Sheriff Steve Moore in cases involving deaths at the hands of law enforcement. Omalu also testified in support of the bill mandating a medical examiner system for large California counties.\u003c/p>\n\u003cp>Omalu said in \u003ca href=\"https://drive.google.com/file/d/1b1SQNtL2hzOsFFaU3P8F81xBmrLSCeqE/view\" target=\"_blank\" rel=\"noopener\">his statement\u003c/a> that the initial autopsy on Clark -- performed by Sacramento County forensic pathologist Keng-Chin Su -- neglected both basic and advanced procedures that could provide insight into Clark's death.\u003c/p>\n\u003cp>\"To my utter dismay, I observed that none of the gunshot wounds had been previously excised for histologic evaluation,\" Omalu wrote, referring to a microscopic examination of the tissue around the gunshot wounds. He wrote that his examination of \"the wound in question\" on back of Clark's left side \"demonstrated a gunshot wound of entrance.\"\u003c/p>\n\u003cp>Omalu wrote that he also removed the spinal cord and documented significant injuries not identified in the coroner's report.\u003c/p>\n\u003cp>\"At this time, none of the pathologists who have signed the autopsy report and claimed that I was wrong have examined the spinal cord, either grossly or microscopically,\" Omalu wrote.\u003c/p>\n\u003cp>Finally, Omalu and the attorneys released a black-and-white \u003ca href=\"https://drive.google.com/file/d/1VYcqQeC4oYjFljbgLJTc0P9kEfTug2aF/view\" target=\"_blank\" rel=\"noopener\">photograph\u003c/a> of the upper right, back of Clark's body, which shows six gunshot wounds.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Experts may have different opinions, but a picture is a picture,\" Omalu wrote. \"A picture does not have an opinion.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "dueling-autopsies-stir-controversy-over-sacramento-police-shooting-of-stephon-clark",
"title": "Dueling Autopsies Stir Controversy Over Sacramento Police Shooting of Stephon Clark",
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"headTitle": "Dueling Autopsies Stir Controversy Over Sacramento Police Shooting of Stephon Clark | KQED",
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"content": "\u003cp>The official Sacramento County coroner’s report released Tuesday on the \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\" rel=\"noopener\" target=\"_blank\">police shooting death of Stephon Clark\u003c/a> contradicts some of the medical findings and most of the opinions of a private forensic pathologist hired by Clark’s family, who \u003ca href=\"https://www.kqed.org/news/11658808/independent-autopsy-finds-police-shot-stephon-clark-in-the-back\" rel=\"noopener\" target=\"_blank\">announced to a bank of news reporters\u003c/a> a month ago that the 22-year-old, unarmed black man wasn’t facing the officers when they opened fire on March 18.\u003c/p>\n\u003cp>“The proposition that has been presented that he [Clark] was assailing the officers — meaning he was facing the officers — is inconsistent with the prevailing forensic evidence as documented at autopsy,” Dr. Bennet Omalu said on March 30, less than two weeks after Clark’s death.\u003c/p>\n\u003cp>Neither Omalu nor civil rights attorney Ben Crump provided an actual copy of the private autopsy report, and a lawsuit on behalf of Clark’s family expected a month ago has yet to be filed. Omalu did not respond on the record to requests for comment. Attorneys representing Clark’s family did not respond by publication deadline.\u003c/p>\n\u003cp>“When an attorney has a pathologist present their findings before they have all the information, they’re taking certain risks, and among those risks are the physical information on the body may be misinterpreted and errors can be made,” said forensic pathologist Dr. Judy Melinek, who is not involved in the Stephon Clark case. \u003c/p>\n\u003cp>“The other reason that they might want to do this is in order to counter some sort of narrative or information that’s been released by the police agencies, so they want to have their version of events out there. The problem is the accuracy may not be there.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Omalu’s findings further inflamed anger over Clark’s death, who police officers said on body-camera footage was advancing toward them with something in his hand they thought was a gun. Clark did not have a gun. A cellphone was discovered next to his body.\u003c/p>\n\u003cfigure id=\"attachment_11658867\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-800x533.jpg\" alt=\"Dr. Bennet Omalu and attorney Benjamin Crump gave a press conference about the results of a private autopsy of Stephon Clark. Dr. Omalu's findings indicate Clark was shot in the side and back.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11658867\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-1180x787.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-960x640.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-240x160.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-375x250.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Dr. Bennet Omalu and attorney Ben Crump gave a press conference about the results of a private autopsy of Stephon Clark. Dr. Omalu’s findings indicate Clark was shot in the side and back. \u003ccite>(Bert Johnson/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The officers who shot Clark on the evening of March 18 were responding to reports of a man breaking into cars in a South Sacramento neighborhood. A sheriff’s department helicopter spotted the suspect in a backyard and reported that he broke a sliding glass door on a house before he ran into a neighboring backyard — behind his grandparents’ home.\u003c/p>\n\u003cp>The officers confronted Clark there at approximately 9:30 p.m. One of them said “Show me your hands! … Gun, gun, gun!” just before both officers fired a total of 20 rounds at Clark. \u003c/p>\n\u003cp>The officers \u003ca href=\"http://www.sacbee.com/news/local/crime/article206557539.html\" rel=\"noopener\" target=\"_blank\">have been identified\u003c/a> by a civil rights attorney with knowledge of the case, but their names were withheld by the Sacramento Police Department, which cited death threats made against the officers.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\">KQED’s full coverage of the Stephon Clark shooting\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2018/03/infrared-5456ddc24ccbfee250970b5970e7cbf7b5a90470-911x576.png\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Sacramento County Coroner Kimberly Gin wrote in a cover letter to the \u003ca href=\"http://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/Officer-Involved-Shootings/Coroner-Report-2018_0427.pdf?la=en\" rel=\"noopener\" target=\"_blank\">coroner’s report\u003c/a> that the private autopsy performed by Omalu presented “erroneous information.”\u003c/p>\n\u003cp>The coroner’s office went to great lengths to counter the narrative presented by Omalu. Three Sacramento County forensic pathologists, including chief forensic pathologist Jason Tovar reviewed and signed the findings of Dr. Keng-Chih Su, who performed the official autopsy on Clark’s body.\u003c/p>\n\u003cp>The coroner also retained Dr. Gregory Reiber to review the findings. He used to work for Sacramento County, according to the \u003ca href=\"http://www.sacbee.com/news/local/article210248019.html\" rel=\"noopener\" target=\"_blank\">Sacramento Bee\u003c/a>.\u003c/p>\n\u003cp>“It is clear from review of the written report and photographic documentation that Stephon Clark was struck by seven bullets, not by eight as claimed by Dr. Omalu in his press conference statements and as shown on his autopsy diagram,” Reiber \u003ca href=\"http://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/Officer-Involved-Shootings/Reiber-Review-2018_0422-V2.pdf?la=en\" rel=\"noopener\" target=\"_blank\">wrote in his report\u003c/a>, adding that Omalu mistook an exit wound on the left side of Clark’s chest for an entrance wound. \u003c/p>\n\u003cp>“This is a significant error, as it leads to incorrect conclusions regarding the relative positions of the victim and shooters during the event.”\u003c/p>\n\u003cfigure id=\"attachment_11658662\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/ap_18086073159406-bda41457cd77e4562244ad5ecf266d2ed804a021-800x600.jpg\" alt=\"This March 18 photo shows Stephon Clark the afternoon before he died in his grandmother's backyard in Sacramento.\" width=\"800\" height=\"600\" class=\"size-medium wp-image-11658662\">\u003cfigcaption class=\"wp-caption-text\">This March 18 photo shows Stephon Clark the afternoon before he died in his grandmother’s backyard in Sacramento.\u003c/figcaption>\u003c/figure>\n\u003cp>Omalu presented a theory that the wound on the left side of Clark’s chest was the first shot that struck him, spinning his body so that his back was toward the officers, and continuing to spin clockwise as subsequent bullets hit him. Omalu said a gunshot wound to the front of Clark’s left thigh could have been the last shot to him.\u003c/p>\n\u003cp>Reiber wrote that Omalu’s conclusions about the order of the shots were “untenable” based on his review of officers’ body-camera and helicopter \u003ca href=\"https://www.youtube.com/playlist?list=PLR0Wtq8JGPQbAjx78D2ep85C7l3HOxpNC\" rel=\"noopener\" target=\"_blank\">video footage\u003c/a> made public by the Sacramento Police Department on March 21. \u003c/p>\n\u003cp>Reiber said the shot to Clark’s left thigh was “most likely the first shot, sustained either as Clark was walking toward the officers’ position with his left thigh raised, or possibly in the crouching position.”\u003c/p>\n\u003cp>“At no time does the video show Clark to have the left side of his body facing the officers’ position as shots are fired, nor does the video show him turning around from a left-facing position, still upright, and putting his back squarely toward the officers as there were further shots fired which then dropped him,” Reiber wrote. “The video evidence provides clear refutation of Omalu’s description of Clark’s body positioning during the shooting as described in his press conference statements.”\u003c/p>\n\u003cp>Reiber’s analysis of the videos aligns with KQED’s, which found that Clark appeared to be moving toward the officers in the moments before they opened fire.\u003c/p>\n\u003cp>https://youtu.be/4ICLcwf7YsY\u003c/p>\n\u003cp>Melinek said it’s actually pretty common for forensic pathologists to have differing opinions about the same death.\u003c/p>\n\u003cp>“It’s not unusual,” she said. “You can have two reputable, highly competent, board certified forensic pathologists look at the same set of data — meaning trajectories in a gunshot wound case — and consider different ancillary data like information from the scene and put different weight on it and come to different conclusions.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Toxicology tests show Clark had alcohol, codeine, cocaine and marijuana in his system, as well as anti-anxiety medication.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The official Sacramento County coroner’s report released Tuesday on the \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\" rel=\"noopener\" target=\"_blank\">police shooting death of Stephon Clark\u003c/a> contradicts some of the medical findings and most of the opinions of a private forensic pathologist hired by Clark’s family, who \u003ca href=\"https://www.kqed.org/news/11658808/independent-autopsy-finds-police-shot-stephon-clark-in-the-back\" rel=\"noopener\" target=\"_blank\">announced to a bank of news reporters\u003c/a> a month ago that the 22-year-old, unarmed black man wasn’t facing the officers when they opened fire on March 18.\u003c/p>\n\u003cp>“The proposition that has been presented that he [Clark] was assailing the officers — meaning he was facing the officers — is inconsistent with the prevailing forensic evidence as documented at autopsy,” Dr. Bennet Omalu said on March 30, less than two weeks after Clark’s death.\u003c/p>\n\u003cp>Neither Omalu nor civil rights attorney Ben Crump provided an actual copy of the private autopsy report, and a lawsuit on behalf of Clark’s family expected a month ago has yet to be filed. Omalu did not respond on the record to requests for comment. Attorneys representing Clark’s family did not respond by publication deadline.\u003c/p>\n\u003cp>“When an attorney has a pathologist present their findings before they have all the information, they’re taking certain risks, and among those risks are the physical information on the body may be misinterpreted and errors can be made,” said forensic pathologist Dr. Judy Melinek, who is not involved in the Stephon Clark case. \u003c/p>\n\u003cp>“The other reason that they might want to do this is in order to counter some sort of narrative or information that’s been released by the police agencies, so they want to have their version of events out there. The problem is the accuracy may not be there.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Omalu’s findings further inflamed anger over Clark’s death, who police officers said on body-camera footage was advancing toward them with something in his hand they thought was a gun. Clark did not have a gun. A cellphone was discovered next to his body.\u003c/p>\n\u003cfigure id=\"attachment_11658867\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-800x533.jpg\" alt=\"Dr. Bennet Omalu and attorney Benjamin Crump gave a press conference about the results of a private autopsy of Stephon Clark. Dr. Omalu's findings indicate Clark was shot in the side and back.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11658867\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-1180x787.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-960x640.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-240x160.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-375x250.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/03/RS30123_20180330_ClarkAutopsy_Credit_BertJohnson-2-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Dr. Bennet Omalu and attorney Ben Crump gave a press conference about the results of a private autopsy of Stephon Clark. Dr. Omalu’s findings indicate Clark was shot in the side and back. \u003ccite>(Bert Johnson/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The officers who shot Clark on the evening of March 18 were responding to reports of a man breaking into cars in a South Sacramento neighborhood. A sheriff’s department helicopter spotted the suspect in a backyard and reported that he broke a sliding glass door on a house before he ran into a neighboring backyard — behind his grandparents’ home.\u003c/p>\n\u003cp>The officers confronted Clark there at approximately 9:30 p.m. One of them said “Show me your hands! … Gun, gun, gun!” just before both officers fired a total of 20 rounds at Clark. \u003c/p>\n\u003cp>The officers \u003ca href=\"http://www.sacbee.com/news/local/crime/article206557539.html\" rel=\"noopener\" target=\"_blank\">have been identified\u003c/a> by a civil rights attorney with knowledge of the case, but their names were withheld by the Sacramento Police Department, which cited death threats made against the officers.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\">KQED’s full coverage of the Stephon Clark shooting\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/stephon-clark/\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2018/03/infrared-5456ddc24ccbfee250970b5970e7cbf7b5a90470-911x576.png\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Sacramento County Coroner Kimberly Gin wrote in a cover letter to the \u003ca href=\"http://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/Officer-Involved-Shootings/Coroner-Report-2018_0427.pdf?la=en\" rel=\"noopener\" target=\"_blank\">coroner’s report\u003c/a> that the private autopsy performed by Omalu presented “erroneous information.”\u003c/p>\n\u003cp>The coroner’s office went to great lengths to counter the narrative presented by Omalu. Three Sacramento County forensic pathologists, including chief forensic pathologist Jason Tovar reviewed and signed the findings of Dr. Keng-Chih Su, who performed the official autopsy on Clark’s body.\u003c/p>\n\u003cp>The coroner also retained Dr. Gregory Reiber to review the findings. He used to work for Sacramento County, according to the \u003ca href=\"http://www.sacbee.com/news/local/article210248019.html\" rel=\"noopener\" target=\"_blank\">Sacramento Bee\u003c/a>.\u003c/p>\n\u003cp>“It is clear from review of the written report and photographic documentation that Stephon Clark was struck by seven bullets, not by eight as claimed by Dr. Omalu in his press conference statements and as shown on his autopsy diagram,” Reiber \u003ca href=\"http://www.cityofsacramento.org/-/media/Corporate/Files/Police/Transparency/Officer-Involved-Shootings/Reiber-Review-2018_0422-V2.pdf?la=en\" rel=\"noopener\" target=\"_blank\">wrote in his report\u003c/a>, adding that Omalu mistook an exit wound on the left side of Clark’s chest for an entrance wound. \u003c/p>\n\u003cp>“This is a significant error, as it leads to incorrect conclusions regarding the relative positions of the victim and shooters during the event.”\u003c/p>\n\u003cfigure id=\"attachment_11658662\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/ap_18086073159406-bda41457cd77e4562244ad5ecf266d2ed804a021-800x600.jpg\" alt=\"This March 18 photo shows Stephon Clark the afternoon before he died in his grandmother's backyard in Sacramento.\" width=\"800\" height=\"600\" class=\"size-medium wp-image-11658662\">\u003cfigcaption class=\"wp-caption-text\">This March 18 photo shows Stephon Clark the afternoon before he died in his grandmother’s backyard in Sacramento.\u003c/figcaption>\u003c/figure>\n\u003cp>Omalu presented a theory that the wound on the left side of Clark’s chest was the first shot that struck him, spinning his body so that his back was toward the officers, and continuing to spin clockwise as subsequent bullets hit him. Omalu said a gunshot wound to the front of Clark’s left thigh could have been the last shot to him.\u003c/p>\n\u003cp>Reiber wrote that Omalu’s conclusions about the order of the shots were “untenable” based on his review of officers’ body-camera and helicopter \u003ca href=\"https://www.youtube.com/playlist?list=PLR0Wtq8JGPQbAjx78D2ep85C7l3HOxpNC\" rel=\"noopener\" target=\"_blank\">video footage\u003c/a> made public by the Sacramento Police Department on March 21. \u003c/p>\n\u003cp>Reiber said the shot to Clark’s left thigh was “most likely the first shot, sustained either as Clark was walking toward the officers’ position with his left thigh raised, or possibly in the crouching position.”\u003c/p>\n\u003cp>“At no time does the video show Clark to have the left side of his body facing the officers’ position as shots are fired, nor does the video show him turning around from a left-facing position, still upright, and putting his back squarely toward the officers as there were further shots fired which then dropped him,” Reiber wrote. “The video evidence provides clear refutation of Omalu’s description of Clark’s body positioning during the shooting as described in his press conference statements.”\u003c/p>\n\u003cp>Reiber’s analysis of the videos aligns with KQED’s, which found that Clark appeared to be moving toward the officers in the moments before they opened fire.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/4ICLcwf7YsY'\n title='//www.youtube.com/embed/4ICLcwf7YsY'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Melinek said it’s actually pretty common for forensic pathologists to have differing opinions about the same death.\u003c/p>\n\u003cp>“It’s not unusual,” she said. “You can have two reputable, highly competent, board certified forensic pathologists look at the same set of data — meaning trajectories in a gunshot wound case — and consider different ancillary data like information from the scene and put different weight on it and come to different conclusions.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Toxicology tests show Clark had alcohol, codeine, cocaine and marijuana in his system, as well as anti-anxiety medication.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "With Stephon Clark Probe Underway, Attorney General Says State Can't Investigate All Police Shootings",
"title": "With Stephon Clark Probe Underway, Attorney General Says State Can't Investigate All Police Shootings",
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"content": "\u003cp>California Attorney General Xavier Becerra was more than willing to comply when \u003ca href=\"http://www.sacbee.com/news/local/article206963509.html\" target=\"_blank\">local officials asked his office to investigate\u003c/a> the fatal police shooting of Stephon Clark by Sacramento police. But he told KQED this week that it's not realistic to expect the attorney general to probe every single officer-involved shooting in the state.\u003c/p>\n\u003cp>And if state law were to change to take that power away from local district attorneys and give it to the California attorney general, Becerra said that responsibility would need to come with significant resources.\u003c/p>\n\u003cp>\"There are 58 counties in the state of California,\" he said in an interview with KQED. \"We don't have the resources to just say, 'We'll take on every case.' I mean, we can have that discussion. But what I would say is if you want to build trust and confidence, you've got to do it the right way ... you can't do it on the cheap.\"\u003c/p>\n\u003cp>Last year, Assemblyman Kevin McCarty, D-Sacramento, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB284\" target=\"_blank\">authored a bill\u003c/a> that, in its original form, would have required Becerra's office to investigate \u003cem>all\u003c/em> officer involved shootings if lawmakers provided the funds for the attorney general's investigations. \u003c/p>\n\u003cp>Becerra backed the bill after it was \u003ca href=\"http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-california-attorney-general-backs-study-1499729537-htmlstory.html\" target=\"_blank\">scaled back\u003c/a> to only require a review of 2015 and 2016 shootings, but it still \u003ca href=\"http://www.sacbee.com/latest-news/article206483329.html\" target=\"_blank\">failed after staunch opposition\u003c/a> from law enforcement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Becerra declined this week to take a position on two new bills introduced in recent weeks that also seek to address the issue of police force.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB931\" target=\"_blank\">One\u003c/a>, by McCarty and San Diego Assemblywoman Shirley Weber, both Democrats, would \u003ca href=\"https://www.kqed.org/news/11659697/bill-would-change-when-california-cops-can-use-deadly-force\" target=\"_blank\">narrow the circumstances\u003c/a> when officers are legally allowed to shoot. Another, by Sen. Nancy Skinner, D-Berkeley, would \u003ca href=\"http://sd09.senate.ca.gov/news/20180402-senator-skinner-introduces-sb-1421-open-law-enforcement-records\" target=\"_blank\">make it easier for the public to obtain information\u003c/a> about police officers who use deadly force, commit sexual assault or lie on the job.\u003c/p>\n\u003cp>California currently has \u003ca href=\"https://www.kqed.org/news/11661930/why-does-california-shield-police-from-scrutiny-more-than-many-states\" target=\"_blank\">among the strictest privacy protections for police officers\u003c/a> in the nation, and \u003ca href=\"http://www.sacbee.com/latest-news/article206483329.html\" target=\"_blank\">powerful police groups\u003c/a> are fighting both bills.\u003c/p>\n\u003cp>Becerra told KQED that he's not taking a position on either bill at this point, but said as the state's top law enforcement officer, he will \"weigh in as appropriate.\"\u003c/p>\n\u003cp>Becerra added that he doesn't want any of his positions on legislation to undermine the Stephon Clark investigation.\u003c/p>\n\u003cp>\"Clearly, the conversation has to occur and I hope we get to the point where we get the stakeholders all involved ... and I hope to be a part of that process,\" he said.\u003c/p>\n\u003cp>Becerra also said he's hopeful that legislation to reform California's cash bail system, which \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\" target=\"_blank\">stalled last year\u003c/a>, is passed by lawmakers and signed by Gov. Jerry Brown this year.\u003c/p>\n\u003cp>\"No one should have to be holed up in jail, waiting for his or her trial -- in other words, innocent until proven guilty -- and run the risk of losing a job, or credits in college, or losing a family relationship, because they don't have enough money,\" Becerra said. \"Decisions to hold someone before trial, in my opinion, should be based on that individual's danger to the public ... or danger to flee.\"\u003c/p>\n\u003cp>The attorney general also left open the door to the possibility of an investigation into the \u003ca href=\"https://www.kqed.org/news/11661676/sf-supervisor-calls-for-hearing-into-hunters-point-shipyard-cleanup\" target=\"_blank\">allegedly fraudulent cleanup of radioactive material at San Francisco's former Hunters Point Naval Shipyard\u003c/a>.\u003c/p>\n\u003cp>Becerra noted that the San Francisco district attorney has jurisdiction over the case -- unless there's evidence of a statewide impact. It seems likely that the scandal could have broader implications since much of the dirt cleaned up from the shipyard was taken to landfills around California.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"You know, any time you are talking about radioactive materials, that's big,\" Becerra said. \"We would take seriously any work that we must do when it comes to investigating potential crimes and potential abuse of, in this case, materials that could have a harmful impact on people. But what I can't do is tell you what we might be doing in any particular investigation.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Attorney General Xavier Becerra was more than willing to comply when \u003ca href=\"http://www.sacbee.com/news/local/article206963509.html\" target=\"_blank\">local officials asked his office to investigate\u003c/a> the fatal police shooting of Stephon Clark by Sacramento police. But he told KQED this week that it's not realistic to expect the attorney general to probe every single officer-involved shooting in the state.\u003c/p>\n\u003cp>And if state law were to change to take that power away from local district attorneys and give it to the California attorney general, Becerra said that responsibility would need to come with significant resources.\u003c/p>\n\u003cp>\"There are 58 counties in the state of California,\" he said in an interview with KQED. \"We don't have the resources to just say, 'We'll take on every case.' I mean, we can have that discussion. But what I would say is if you want to build trust and confidence, you've got to do it the right way ... you can't do it on the cheap.\"\u003c/p>\n\u003cp>Last year, Assemblyman Kevin McCarty, D-Sacramento, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB284\" target=\"_blank\">authored a bill\u003c/a> that, in its original form, would have required Becerra's office to investigate \u003cem>all\u003c/em> officer involved shootings if lawmakers provided the funds for the attorney general's investigations. \u003c/p>\n\u003cp>Becerra backed the bill after it was \u003ca href=\"http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-california-attorney-general-backs-study-1499729537-htmlstory.html\" target=\"_blank\">scaled back\u003c/a> to only require a review of 2015 and 2016 shootings, but it still \u003ca href=\"http://www.sacbee.com/latest-news/article206483329.html\" target=\"_blank\">failed after staunch opposition\u003c/a> from law enforcement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Becerra declined this week to take a position on two new bills introduced in recent weeks that also seek to address the issue of police force.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB931\" target=\"_blank\">One\u003c/a>, by McCarty and San Diego Assemblywoman Shirley Weber, both Democrats, would \u003ca href=\"https://www.kqed.org/news/11659697/bill-would-change-when-california-cops-can-use-deadly-force\" target=\"_blank\">narrow the circumstances\u003c/a> when officers are legally allowed to shoot. Another, by Sen. Nancy Skinner, D-Berkeley, would \u003ca href=\"http://sd09.senate.ca.gov/news/20180402-senator-skinner-introduces-sb-1421-open-law-enforcement-records\" target=\"_blank\">make it easier for the public to obtain information\u003c/a> about police officers who use deadly force, commit sexual assault or lie on the job.\u003c/p>\n\u003cp>California currently has \u003ca href=\"https://www.kqed.org/news/11661930/why-does-california-shield-police-from-scrutiny-more-than-many-states\" target=\"_blank\">among the strictest privacy protections for police officers\u003c/a> in the nation, and \u003ca href=\"http://www.sacbee.com/latest-news/article206483329.html\" target=\"_blank\">powerful police groups\u003c/a> are fighting both bills.\u003c/p>\n\u003cp>Becerra told KQED that he's not taking a position on either bill at this point, but said as the state's top law enforcement officer, he will \"weigh in as appropriate.\"\u003c/p>\n\u003cp>Becerra added that he doesn't want any of his positions on legislation to undermine the Stephon Clark investigation.\u003c/p>\n\u003cp>\"Clearly, the conversation has to occur and I hope we get to the point where we get the stakeholders all involved ... and I hope to be a part of that process,\" he said.\u003c/p>\n\u003cp>Becerra also said he's hopeful that legislation to reform California's cash bail system, which \u003ca href=\"https://www.kqed.org/news/11613892/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018\" target=\"_blank\">stalled last year\u003c/a>, is passed by lawmakers and signed by Gov. Jerry Brown this year.\u003c/p>\n\u003cp>\"No one should have to be holed up in jail, waiting for his or her trial -- in other words, innocent until proven guilty -- and run the risk of losing a job, or credits in college, or losing a family relationship, because they don't have enough money,\" Becerra said. \"Decisions to hold someone before trial, in my opinion, should be based on that individual's danger to the public ... or danger to flee.\"\u003c/p>\n\u003cp>The attorney general also left open the door to the possibility of an investigation into the \u003ca href=\"https://www.kqed.org/news/11661676/sf-supervisor-calls-for-hearing-into-hunters-point-shipyard-cleanup\" target=\"_blank\">allegedly fraudulent cleanup of radioactive material at San Francisco's former Hunters Point Naval Shipyard\u003c/a>.\u003c/p>\n\u003cp>Becerra noted that the San Francisco district attorney has jurisdiction over the case -- unless there's evidence of a statewide impact. It seems likely that the scandal could have broader implications since much of the dirt cleaned up from the shipyard was taken to landfills around California.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"You know, any time you are talking about radioactive materials, that's big,\" Becerra said. \"We would take seriously any work that we must do when it comes to investigating potential crimes and potential abuse of, in this case, materials that could have a harmful impact on people. But what I can't do is tell you what we might be doing in any particular investigation.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Sacramento Police Release New Videos Related to Stephon Clark Shooting",
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"content": "\u003cp>Sacramento police released more than 50 \u003ca href=\"https://www.youtube.com/playlist?list=PLR0Wtq8JGPQYK5AKUxnAtR69GZiP1N4J2\" target=\"_blank\" rel=\"noopener\">video and audio clips\u003c/a> Monday that add fresh details about the department's response following the fatal shooting of an unarmed black man.\u003c/p>\n\u003cp>The March 18 shooting of 22-year-old Stephon Clark sparked an outcry in California's capital and became the latest flashpoint in a national conversation about police shootings of young black men.\u003c/p>\n\u003cp>The police were responding to calls of someone breaking car windows. They said they thought Clark had a gun, but he was unarmed.\u003c/p>\n\u003cp>The new clips show several officers muting their microphones when they begin speaking with others and two officers administering CPR on Clark's motionless body more than five minutes after the shooting. They include dashboard and body-camera footage from officers arriving after the shooting, audio from two 911 calls and more video from a Sacramento County Sheriff's Department helicopter.\u003c/p>\n\u003cp>One of the newly released 911 calls appears to come from Clark's grandfather. Earlier released video footage showed Clark jumping over a fence into his grandparents' side yard, then being chased by police into the backyard, where he was shot.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The male caller tells the dispatcher that someone is in his backyard \"beating on my window, and I don't know what's going on.\" He says he can't get out of bed to see, and a woman in the background says he has \"no legs.\"\u003c/p>\n\u003cp>Clark's grandfather, Tommy Thompson, had lost his legs due to complications from diabetes, according to Clark's uncle, Curtis Gordon. Family members said it was typical for relatives to knock on the rear window so Thompson could use a remote garage door opener to let them into the house.\u003c/p>\n\u003cp>The dispatcher advised the man to stay inside until he was contacted by police. The police confirmed Monday that the call came from within the Thompson home.\u003c/p>\n\u003cp>Clark's grandmother, Sequita Thompson, earlier said she was watching a video of a granddaughter dancing when she heard booms. She said she crawled to where her granddaughter was sleeping on the couch, pulled her to the floor, then crawled to her husband and told him to call 911.\u003c/p>\n\u003cp>She said the family believes in hindsight that Clark may have been asking to be let into the house when the shooting happened.\u003c/p>\n\u003cp>At least three new body-camera videos show responding officers asking whether others have muted their microphones, a move that could spark fresh criticism of the department. The two officers who shot Clark muted their microphones several minutes after. The department now bans officers from turning off or muting cameras in most instances.\u003c/p>\n\u003cp>Another clip shows two responding officers performing CPR on Clark after handcuffing him.\u003c/p>\n\u003cp>\"Come on buddy, wake up, breathe for me,\" one says, before a medic arrives and says, \"he's gone.\"\u003c/p>\n\u003cp>The first body-camera footage released showed officers waited more than five minutes after shooting Clark to begin administering medical aid.\u003c/p>\n\u003cp>A spokesman who assisted Clark's family with the funeral, Adam Keigwin, was not able to immediately provide comment from the family on the new materials, including the 911 call. Clark's brother, Stevante Clark, did not answer his cellphone and the voice mailbox was full.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Associated Press writers Don Thompson, Sophia Bollag and Jonathan J. Cooper contributed to this report.\u003c/em>\u003c/p>\n\n",
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"nprByline": "\u003cstrong>Kathleen Ronayne\u003c/strong>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sacramento police released more than 50 \u003ca href=\"https://www.youtube.com/playlist?list=PLR0Wtq8JGPQYK5AKUxnAtR69GZiP1N4J2\" target=\"_blank\" rel=\"noopener\">video and audio clips\u003c/a> Monday that add fresh details about the department's response following the fatal shooting of an unarmed black man.\u003c/p>\n\u003cp>The March 18 shooting of 22-year-old Stephon Clark sparked an outcry in California's capital and became the latest flashpoint in a national conversation about police shootings of young black men.\u003c/p>\n\u003cp>The police were responding to calls of someone breaking car windows. They said they thought Clark had a gun, but he was unarmed.\u003c/p>\n\u003cp>The new clips show several officers muting their microphones when they begin speaking with others and two officers administering CPR on Clark's motionless body more than five minutes after the shooting. They include dashboard and body-camera footage from officers arriving after the shooting, audio from two 911 calls and more video from a Sacramento County Sheriff's Department helicopter.\u003c/p>\n\u003cp>One of the newly released 911 calls appears to come from Clark's grandfather. Earlier released video footage showed Clark jumping over a fence into his grandparents' side yard, then being chased by police into the backyard, where he was shot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The male caller tells the dispatcher that someone is in his backyard \"beating on my window, and I don't know what's going on.\" He says he can't get out of bed to see, and a woman in the background says he has \"no legs.\"\u003c/p>\n\u003cp>Clark's grandfather, Tommy Thompson, had lost his legs due to complications from diabetes, according to Clark's uncle, Curtis Gordon. Family members said it was typical for relatives to knock on the rear window so Thompson could use a remote garage door opener to let them into the house.\u003c/p>\n\u003cp>The dispatcher advised the man to stay inside until he was contacted by police. The police confirmed Monday that the call came from within the Thompson home.\u003c/p>\n\u003cp>Clark's grandmother, Sequita Thompson, earlier said she was watching a video of a granddaughter dancing when she heard booms. She said she crawled to where her granddaughter was sleeping on the couch, pulled her to the floor, then crawled to her husband and told him to call 911.\u003c/p>\n\u003cp>She said the family believes in hindsight that Clark may have been asking to be let into the house when the shooting happened.\u003c/p>\n\u003cp>At least three new body-camera videos show responding officers asking whether others have muted their microphones, a move that could spark fresh criticism of the department. The two officers who shot Clark muted their microphones several minutes after. The department now bans officers from turning off or muting cameras in most instances.\u003c/p>\n\u003cp>Another clip shows two responding officers performing CPR on Clark after handcuffing him.\u003c/p>\n\u003cp>\"Come on buddy, wake up, breathe for me,\" one says, before a medic arrives and says, \"he's gone.\"\u003c/p>\n\u003cp>The first body-camera footage released showed officers waited more than five minutes after shooting Clark to begin administering medical aid.\u003c/p>\n\u003cp>A spokesman who assisted Clark's family with the funeral, Adam Keigwin, was not able to immediately provide comment from the family on the new materials, including the 911 call. Clark's brother, Stevante Clark, did not answer his cellphone and the voice mailbox was full.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Associated Press writers Don Thompson, Sophia Bollag and Jonathan J. Cooper contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Why Does California Shield Police From Scrutiny More Than Many States?",
"title": "Why Does California Shield Police From Scrutiny More Than Many States?",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Cops have a lot of pull in the California Capitol, and over the decades, that’s added up to this startling reality: The Golden State now goes further than many states in terms of protecting police from public scrutiny.\u003c/p>\n\u003cp>It’s a stark contrast to the state’s “left coast” image. On abortion rights, gun control and climate change, California has embraced some of the most liberal policies in the nation.\u003c/p>\n\u003cp>But even with a statehouse controlled entirely by Democrats, California laws are friendlier to law enforcement—and less transparent to the public—than those in Wisconsin and Florida, states with Republican governors and legislatures. \u003c/p>\n\u003cp>One explanation is that politicians from both parties seek police endorsements to help them sway voters. Polling from last year showed that \u003ca href=\"http://www.ppic.org/content/pubs/survey/S_317MBS.pdf\" rel=\"noopener\" target=\"_blank\">two-thirds of Californians\u003c/a> think their local police are doing a good job controlling crime.\u003c/p>\n\u003cp>Another is that labor unions representing officers donate generously to elect officials at every level of government. Three major statewide law enforcement groups—the Peace Officers Research Association of California, the California Statewide Law Enforcement Association and the California Correctional Peace Officers Association—together poured $5.7 million into California political campaigns in the last election cycle, including giving $475,000 to the California Democratic Party and $168,500 to the California Republican Party. That doesn’t include the money dozens of local police unions around the state give to politicians.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As cities across the nation were roiled by police killings in recent years, the Legislature quietly killed proposals to create more police accountability. Now, as California’s capital city responds to the recent killing of \u003ca href=\"https://www.kqed.org/news/11657508/demonstrators-protest-sacramento-police-fatal-shooting-of-unarmed-black-man\" rel=\"noopener\" target=\"_blank\">Stephon Clark\u003c/a>—the unarmed black man shot last month by Sacramento police who seemingly mistook the cellphone he held for a gun—some of those failed bills are being re-introduced.\u003c/p>\n\u003cp>California police shot 162 people dead last year, according to \u003ca href=\"https://www.washingtonpost.com/graphics/national/police-shootings-2017/\" rel=\"noopener\" target=\"_blank\">a tally by\u003c/a> The Washington Post—which means the state has 16 percent of the nation’s killings by police but only 12 percent of its population. Activists with the Black Lives Matter movement say legislation now proposed in California is “many years behind” and that Democrats in the Legislature have not been responsive to black communities on police issues.\u003c/p>\n\u003cp>“What happens is that the police unions, the police lobbyists come out in full force and then legislators who are afraid of their campaign coffers being interrupted side with law enforcement,” said Cat Brooks, founder of the Anti Police-Terror Project based in Oakland.\u003c/p>\n\u003cp>Police unions see it differently: Reactionary legislators propose un-workable bills, and then law enforcement helps them understand why the bills are bad ideas. \u003c/p>\n\u003cp>“We have been fortunate to have common sense prevail at the end, as opposed to the stuff that’s proposed at the beginning,” said Tom Saggau, a spokesman for the Los Angeles Police Protective League, a labor union.\u003c/p>\n\u003cp>When it comes to making campaign contributions, police are like most interest groups that work to influence public policy, said Brian Marvel, president of Peace Officers Research Association of California, an advocacy group.\u003c/p>\n\u003cp>“That’s politics in America,” he said. \u003c/p>\n\u003cp>Though the money helps, Marvel said, it is not the only reason police have influence in Sacramento: “Public safety resonates across both sides. People want to be safe in their home, people want to be safe to walk down the street, people respect law enforcement.” \u003c/p>\n\u003cp>Here are three ways in which California law protects police more than some states do—and one proposed law that would give it the nation’s toughest standard to justify police using deadly force: \u003c/p>\n\u003ch3>California keeps police misconduct records secret\u003c/h3>\n\u003cp>In most states, the public has at least some access to records that detail misconduct by police officers. Not so in California.\u003c/p>\n\u003cp>The Golden State is among 23 states that do not make discipline of police officers available through a public records request—and one of just three states with laws specifically making police personnel records confidential, according to an investigation by New York public radio WNYC.\u003c/p>\n\u003cp>\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records.jpg\" alt=\"\" width=\"550\" height=\"665\" class=\"aligncenter size-full wp-image-11661934\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records-160x193.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records-240x290.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records-375x453.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records-520x629.jpg 520w\" sizes=\"(max-width: 550px) 100vw, 550px\">\u003c/p>\n\u003cp>The secrecy—which dates back to a law Gov. Jerry Brown signed in 1978—makes it nearly impossible for Californians to know if the police who patrol their streets have ever been disciplined for excessive use of force.\u003c/p>\n\u003cp>“Law enforcement is the only public employee group for which we have no access to the records—every other employment category you pretty much have full access under the Public Records Act,” said state Sen. Nancy Skinner, a Berkeley Democrat. “Good policing requires community trust.”\u003c/p>\n\u003cp>Her \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1421\" rel=\"noopener\" target=\"_blank\">Senate Bill 1421\u003c/a> would make officers’ records public in three situations: when they fire a gun or use force resulting in serious injury or death; when they’ve engaged in sexual assault on the job; or when they’ve been dishonest in investigating a crime, such as by filing false reports or concealing evidence.\u003c/p>\n\u003cp>Similar legislation \u003ca href=\"http://www.latimes.com/politics/la-pol-sac-essential-politics-california-police-misconduct-r-1464384312-htmlstory.html\" rel=\"noopener\" target=\"_blank\">failed\u003c/a> in 2016, facing stiff opposition from law enforcement groups who argued that it amounted to an invasion of privacy. It’s too soon to say if Skinner’s bill will meet the same fate, but at least one police group says it’s working to find common ground with her.\u003c/p>\n\u003cp>“We are trying to find how we can release some information once it’s gone through its administrative process or the courts,” said Marvel, a San Diego police officer who is president of the Peace Officers Research Association. “I think we can agree on a system of transparency that allows the community to have faith in their police department.”\u003c/p>\n\u003cp>Other law enforcement groups say there’s no need to open up personnel records. Gary Ingemunson, an attorney for the LA police union, called Skinner’s proposal “a can of worms.” He said existing procedures—through the courts and citizen review boards—provide sufficient accountability.\u003c/p>\n\u003cp>“Why are we opening it up? So the newspapers can have a field day?” Ingemunson said. “What’s really important is that the people who need to know have a way to find out... It’s already as open as it needs to be, in our view.”\u003c/p>\n\u003ch3>California lets local law enforcement police themselves\u003c/h3>\n\u003cp>When police kill, it’s generally up to the local district attorney’s office to determine if it’s a crime. But sometimes they rely on investigations conducted by the cop’s \u003ca href=\"https://www.theguardian.com/us-news/2015/dec/31/ties-that-bind-conflicts-of-interest-police-killings\" rel=\"noopener\" target=\"_blank\">own department\u003c/a>, and research has shown that prosecutors \u003ca href=\"https://www.wsj.com/articles/police-rarely-criminally-charged-for-on-duty-shootings-1416874955\" rel=\"noopener\" target=\"_blank\">rarely file\u003c/a> criminal charges against officers involved in on-the-job shootings.\u003c/p>\n\u003cp>Police say that’s because the vast majority of their shootings are legally justified, done only when officers perceive an imminent threat. Critics say it’s because cops and prosecutors, who work together closely and \u003ca href=\"http://www.sacbee.com/news/local/article207924559.html\" rel=\"noopener\" target=\"_blank\">spend money\u003c/a> to help each other win elections, are too cozy.\u003c/p>\n\u003cp>Four other states require that a state agency—instead of local prosecutors—conduct the investigation when police conduct results in death. Wisconsin passed such a law in 2014 after a man whose son was killed by police used a $1.75 million settlement \u003ca href=\"https://www.npr.org/2014/12/13/370592433/in-wisconsin-a-decade-old-police-shooting-leads-to-new-law\" rel=\"noopener\" target=\"_blank\">to lobby for the change\u003c/a>.\u003c/p>\n\u003cp>\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings.jpg\" alt=\"\" width=\"550\" height=\"665\" class=\"aligncenter size-full wp-image-11661935\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings-160x193.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings-240x290.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings-375x453.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings-520x629.jpg 520w\" sizes=\"(max-width: 550px) 100vw, 550px\">\u003c/p>\n\u003cp>In California, lawmakers have rejected the idea twice. But Sacramento Democratic Assemblyman Kevin McCarty—spurred on by the \u003ca href=\"http://www.sacbee.com/news/local/article206963509.html\" rel=\"noopener\" target=\"_blank\">recent announcement\u003c/a> that Sacramento police asked the state Attorney General to investigate the death of Stephon Clark—plans to re-introduce a bill requiring the state Justice Department to investigate deaths and serious injury caused by police. \u003c/p>\n\u003cp>“It raises a bigger question: why not for all the shootings?” McCarty said. “Having an independent third-party law enforcement agency come and do the investigation can bring about more transparency and more trust in the process.”\u003c/p>\n\u003cp>McCarty points to \u003ca href=\"https://law.stanford.edu/wp-content/uploads/2016/09/At-Arms-Length-Oct-2016.pdf\" rel=\"noopener\" target=\"_blank\">a report by the Stanford Criminal Justice Center\u003c/a> that describes the Wisconsin law as a model California should follow. But Tanya Faison, a leader of Black Lives Matter in Sacramento, said such a change is far short of a panacea.\u003c/p>\n\u003cp>“There needs to be oversight boards that reflect our community that do the investigations when police officers kill people,” Faison said. “This would move the needle in the right direction but there is more work to do.”\u003c/p>\n\u003cp>Police opposed McCarty’s bill last year, saying people who mistrust local law enforcement are unlikely to have more confidence in state-level authorities. And they challenge the assumption that investigators can’t set aside their personal relationships to conduct a fair inquiry.\u003c/p>\n\u003cp>“What McCarty is saying is that these officers are unprofessional and can’t do their job,” said Marvel. “I don’t buy into that premise.”\u003c/p>\n\u003cp>California Attorney General Xavier Becerra chimed in with support only after last year’s bill was watered down to a study. Lawmakers then killed it in the Senate Appropriations Committee, where bills can \u003ca href=\"https://calmatters.org/articles/capitol-suspense-california-bills-vanish-almost-without-trace/\" rel=\"noopener\" target=\"_blank\">die without a public vote\u003c/a>.\u003c/p>\n\u003cp>Asked this month if he would support McCarty’s effort this year, Becerra was noncommittal. “What you want to make sure is that you have an investigation that withstands the test of transparency, scrutiny, and accountability. That can be accomplished in any number of ways,” he said.\u003c/p>\n\u003cp>Establishing a unit in the state Department of Justice to investigate police shootings would cost between $8.5 million and $10 million a year, according to \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201720180AB284\" rel=\"noopener\" target=\"_blank\">an analysis\u003c/a> of prior legislation. McCarty said he’s exploring whether his proposal can be inserted into this year’s state budget.\u003c/p>\n\u003ch3>California has no power to revoke a cop’s certification \u003c/h3>\n\u003cp>State law says that anyone convicted of a felony cannot serve in law enforcement. Beyond that though, California’s system for getting rid of bad cops is highly decentralized. The state has more than 600 law enforcement agencies, and each one can decide if (short of a felony conviction) an officer’s misconduct is a firing offense.\u003c/p>\n\u003cp>It’s the opposite of how most of the country regulates police, according to research by Roger Goldman, retired professor at the Saint Louis University School of Law. He said that 45 states have a centralized system for revoking an officer’s professional certification—and most of them do it for less than a felony conviction.\u003c/p>\n\u003cp>“States like Georgia, Florida and North Carolina are decertifying cops hand over fist, and California is decertifying nobody, other than if convicted of a felony,” Goldman said.\u003c/p>\n\u003cp>\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification.jpg\" alt=\"\" width=\"550\" height=\"701\" class=\"aligncenter size-full wp-image-11661936\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification-160x204.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification-240x306.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification-375x478.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification-520x663.jpg 520w\" sizes=\"(max-width: 550px) 100vw, 550px\">\u003c/p>\n\u003cp>It wasn’t always like this. California used to allow its law enforcement regulatory agency—known as the Commission on Peace Officer Standards and Training—to yank a cop’s certification. But in 2003, police unions lobbied the Legislature to take away that power, and Gov. Gray Davis signed the bill a month before he was recalled.\u003c/p>\n\u003cp>The other states with a decentralized system like California’s are Hawaii, New Jersey, Massachusetts and Rhode Island, Goldman said.\u003c/p>\n\u003cp>“What do they have in common? Very blue. Very strong police unions. The (California) Legislature is obviously scared to death of taking on the police unions,” he said.\u003c/p>\n\u003cp>Though Goldman contends the lack of such a system makes it easier for bad cops in California to bounce from one department to another, state officials disagree. They argue that police departments here can do a background check on anyone they’re considering hiring and find out if they’ve been fired for misconduct. \u003c/p>\n\u003cp>“Just because California doesn’t have a process per se like other states (to) rescind or cancel a certificate or license, doesn’t mean California takes that lightly,” said Dave Althausen, spokesman for the state regulatory agency.\u003c/p>\n\u003cp>It has a database that tracks every sworn officer in the state, he said, including when they were hired by a department and under what circumstances they left. \u003c/p>\n\u003cp>If they are convicted of a felony, the law says the agency must note in their file that they are “ineligible to be a peace officer in California.”\u003c/p>\n\u003cp>But, Althausen acknowledged, there’s no requirement that agencies check the database when hiring a new officer. \u003c/p>\n\u003ch3>And yet: California is considering the nation’s toughest standard for use of deadly force\u003c/h3>\n\u003cp>In 1989, the U.S. Supreme Court \u003ca href=\"https://caselaw.findlaw.com/us-supreme-court/490/386.html\" rel=\"noopener\" target=\"_blank\">ruled\u003c/a> that police use of force is justified whenever a “reasonable officer” in the same circumstance would do the same, setting the legal standard now used in every state. It’s one reason so few cops are convicted of crimes when they kill—jurors must consider whether a reasonable officer perceiving the same threat would make the same split-second decision. If so, the killing is legally justified. \u003c/p>\n\u003cp>California lawmakers will consider a bill this year that would make California the only state in the nation to set a different standard, one supporters believe will make it easier to hold police accountable. Under AB 931 police could only use deadly force when “necessary” to prevent injury or death in the context of the officer’s entire encounter with a suspect—not just the moment before firing his gun. Killing would only be legally justified if other tactics, such as warnings or de-escalation, were not possible instead. \u003c/p>\n\u003cp>https://youtu.be/jpeTtfceEBA\u003c/p>\n\u003cp>“We’re not saying that law enforcement officers can never use deadly force,” said Assemblywoman Shirley Weber, a San Diego Democrat carrying the bill with McCarty. “Deadly force can be used, but only when it is completely necessary.”\u003c/p>\n\u003cp>Lawyers with the American Civil Liberties Union, which is backing the bill, say the Supreme Court standard sets a minimum level of protection for civilians confronted by police, and that states can choose to set a higher bar. But Ingemunson, the lawyer for the LA police union questioned that, saying the proposed standard may violate officers’ rights under federal law.\u003c/p>\n\u003cp>“The theory would be that an officer also has rights, and one might be to be judged by the federal standard, not some state standard,” he said.\u003c/p>\n\u003cp>Police are frustrated that the bill language has not yet been made public, and say it’s hypocritical of the ACLU to criticize law enforcement for a lack of transparency while working with legislators behind the scenes to draft a bill that would impact their profession. They also warn that the “necessary” standard might discourage police from going into dangerous situations where their help is needed. \u003c/p>\n\u003cp>“It would be a colossal hindrance to law enforcement in this state,” said Marvel. “It would take away our ability to react efficiently and effectively. Officers will be thinking, ‘Should I really be doing this? Should I run away?’”\u003c/p>\n\u003cp>Though no other states have a standard like the one California is considering, some police departments have a standard higher than the one set by the Supreme Court in their internal policies. Seth Stoughton, an assistant professor at the University of South Carolina School of Law, researched use-of-force policies in the nation’s 50 largest police departments for a paper published last year. He concluded that Los Angeles has nothing in its policy describing a continuum of the types of force that should be deployed, while Seattle has the most detailed policy, stating, in part, that officers must “use only the force necessary to perform their duties.”\u003c/p>\n\u003cp>“The Supreme Court case law sets a (low) floor, but not a ceiling on how agencies handle use of force internally,” Stoughton wrote.\u003c/p>\n\u003cp>Franklin Zimring, a professor at UC Berkeley’s law school, said the California Legislature could best impact police behavior by increasing the amount of civil damages victims may seek in lawsuits over deadly force. \u003c/p>\n\u003cp>“The major force in controlling, or failing to control, police use of force is the police chief,” Zimring said. “What state law can do is...make excessive use of deadly force expensive enough to motivate police chiefs.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://calmatters.org/\" rel=\"noopener\" target=\"_blank\">CALmatters.org\u003c/a> is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n",
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"excerpt": "Cops have a lot of pull in the California Capitol, and over the decades, that’s added up to this startling reality: The Golden State now goes further than many states in terms of protecting police from public scrutiny.",
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"description": "Cops have a lot of pull in the California Capitol, and over the decades, that’s added up to this startling reality: The Golden State now goes further than many states in terms of protecting police from public scrutiny.",
"title": "Why Does California Shield Police From Scrutiny More Than Many States? | KQED",
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"headline": "Why Does California Shield Police From Scrutiny More Than Many States?",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Cops have a lot of pull in the California Capitol, and over the decades, that’s added up to this startling reality: The Golden State now goes further than many states in terms of protecting police from public scrutiny.\u003c/p>\n\u003cp>It’s a stark contrast to the state’s “left coast” image. On abortion rights, gun control and climate change, California has embraced some of the most liberal policies in the nation.\u003c/p>\n\u003cp>But even with a statehouse controlled entirely by Democrats, California laws are friendlier to law enforcement—and less transparent to the public—than those in Wisconsin and Florida, states with Republican governors and legislatures. \u003c/p>\n\u003cp>One explanation is that politicians from both parties seek police endorsements to help them sway voters. Polling from last year showed that \u003ca href=\"http://www.ppic.org/content/pubs/survey/S_317MBS.pdf\" rel=\"noopener\" target=\"_blank\">two-thirds of Californians\u003c/a> think their local police are doing a good job controlling crime.\u003c/p>\n\u003cp>Another is that labor unions representing officers donate generously to elect officials at every level of government. Three major statewide law enforcement groups—the Peace Officers Research Association of California, the California Statewide Law Enforcement Association and the California Correctional Peace Officers Association—together poured $5.7 million into California political campaigns in the last election cycle, including giving $475,000 to the California Democratic Party and $168,500 to the California Republican Party. That doesn’t include the money dozens of local police unions around the state give to politicians.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As cities across the nation were roiled by police killings in recent years, the Legislature quietly killed proposals to create more police accountability. Now, as California’s capital city responds to the recent killing of \u003ca href=\"https://www.kqed.org/news/11657508/demonstrators-protest-sacramento-police-fatal-shooting-of-unarmed-black-man\" rel=\"noopener\" target=\"_blank\">Stephon Clark\u003c/a>—the unarmed black man shot last month by Sacramento police who seemingly mistook the cellphone he held for a gun—some of those failed bills are being re-introduced.\u003c/p>\n\u003cp>California police shot 162 people dead last year, according to \u003ca href=\"https://www.washingtonpost.com/graphics/national/police-shootings-2017/\" rel=\"noopener\" target=\"_blank\">a tally by\u003c/a> The Washington Post—which means the state has 16 percent of the nation’s killings by police but only 12 percent of its population. Activists with the Black Lives Matter movement say legislation now proposed in California is “many years behind” and that Democrats in the Legislature have not been responsive to black communities on police issues.\u003c/p>\n\u003cp>“What happens is that the police unions, the police lobbyists come out in full force and then legislators who are afraid of their campaign coffers being interrupted side with law enforcement,” said Cat Brooks, founder of the Anti Police-Terror Project based in Oakland.\u003c/p>\n\u003cp>Police unions see it differently: Reactionary legislators propose un-workable bills, and then law enforcement helps them understand why the bills are bad ideas. \u003c/p>\n\u003cp>“We have been fortunate to have common sense prevail at the end, as opposed to the stuff that’s proposed at the beginning,” said Tom Saggau, a spokesman for the Los Angeles Police Protective League, a labor union.\u003c/p>\n\u003cp>When it comes to making campaign contributions, police are like most interest groups that work to influence public policy, said Brian Marvel, president of Peace Officers Research Association of California, an advocacy group.\u003c/p>\n\u003cp>“That’s politics in America,” he said. \u003c/p>\n\u003cp>Though the money helps, Marvel said, it is not the only reason police have influence in Sacramento: “Public safety resonates across both sides. People want to be safe in their home, people want to be safe to walk down the street, people respect law enforcement.” \u003c/p>\n\u003cp>Here are three ways in which California law protects police more than some states do—and one proposed law that would give it the nation’s toughest standard to justify police using deadly force: \u003c/p>\n\u003ch3>California keeps police misconduct records secret\u003c/h3>\n\u003cp>In most states, the public has at least some access to records that detail misconduct by police officers. Not so in California.\u003c/p>\n\u003cp>The Golden State is among 23 states that do not make discipline of police officers available through a public records request—and one of just three states with laws specifically making police personnel records confidential, according to an investigation by New York public radio WNYC.\u003c/p>\n\u003cp>\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records.jpg\" alt=\"\" width=\"550\" height=\"665\" class=\"aligncenter size-full wp-image-11661934\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records-160x193.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records-240x290.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records-375x453.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/27-states-give-the-public-at-least-some-access-to-police-discipline-records-520x629.jpg 520w\" sizes=\"(max-width: 550px) 100vw, 550px\">\u003c/p>\n\u003cp>The secrecy—which dates back to a law Gov. Jerry Brown signed in 1978—makes it nearly impossible for Californians to know if the police who patrol their streets have ever been disciplined for excessive use of force.\u003c/p>\n\u003cp>“Law enforcement is the only public employee group for which we have no access to the records—every other employment category you pretty much have full access under the Public Records Act,” said state Sen. Nancy Skinner, a Berkeley Democrat. “Good policing requires community trust.”\u003c/p>\n\u003cp>Her \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1421\" rel=\"noopener\" target=\"_blank\">Senate Bill 1421\u003c/a> would make officers’ records public in three situations: when they fire a gun or use force resulting in serious injury or death; when they’ve engaged in sexual assault on the job; or when they’ve been dishonest in investigating a crime, such as by filing false reports or concealing evidence.\u003c/p>\n\u003cp>Similar legislation \u003ca href=\"http://www.latimes.com/politics/la-pol-sac-essential-politics-california-police-misconduct-r-1464384312-htmlstory.html\" rel=\"noopener\" target=\"_blank\">failed\u003c/a> in 2016, facing stiff opposition from law enforcement groups who argued that it amounted to an invasion of privacy. It’s too soon to say if Skinner’s bill will meet the same fate, but at least one police group says it’s working to find common ground with her.\u003c/p>\n\u003cp>“We are trying to find how we can release some information once it’s gone through its administrative process or the courts,” said Marvel, a San Diego police officer who is president of the Peace Officers Research Association. “I think we can agree on a system of transparency that allows the community to have faith in their police department.”\u003c/p>\n\u003cp>Other law enforcement groups say there’s no need to open up personnel records. Gary Ingemunson, an attorney for the LA police union, called Skinner’s proposal “a can of worms.” He said existing procedures—through the courts and citizen review boards—provide sufficient accountability.\u003c/p>\n\u003cp>“Why are we opening it up? So the newspapers can have a field day?” Ingemunson said. “What’s really important is that the people who need to know have a way to find out... It’s already as open as it needs to be, in our view.”\u003c/p>\n\u003ch3>California lets local law enforcement police themselves\u003c/h3>\n\u003cp>When police kill, it’s generally up to the local district attorney’s office to determine if it’s a crime. But sometimes they rely on investigations conducted by the cop’s \u003ca href=\"https://www.theguardian.com/us-news/2015/dec/31/ties-that-bind-conflicts-of-interest-police-killings\" rel=\"noopener\" target=\"_blank\">own department\u003c/a>, and research has shown that prosecutors \u003ca href=\"https://www.wsj.com/articles/police-rarely-criminally-charged-for-on-duty-shootings-1416874955\" rel=\"noopener\" target=\"_blank\">rarely file\u003c/a> criminal charges against officers involved in on-the-job shootings.\u003c/p>\n\u003cp>Police say that’s because the vast majority of their shootings are legally justified, done only when officers perceive an imminent threat. Critics say it’s because cops and prosecutors, who work together closely and \u003ca href=\"http://www.sacbee.com/news/local/article207924559.html\" rel=\"noopener\" target=\"_blank\">spend money\u003c/a> to help each other win elections, are too cozy.\u003c/p>\n\u003cp>Four other states require that a state agency—instead of local prosecutors—conduct the investigation when police conduct results in death. Wisconsin passed such a law in 2014 after a man whose son was killed by police used a $1.75 million settlement \u003ca href=\"https://www.npr.org/2014/12/13/370592433/in-wisconsin-a-decade-old-police-shooting-leads-to-new-law\" rel=\"noopener\" target=\"_blank\">to lobby for the change\u003c/a>.\u003c/p>\n\u003cp>\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings.jpg\" alt=\"\" width=\"550\" height=\"665\" class=\"aligncenter size-full wp-image-11661935\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings-160x193.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings-240x290.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings-375x453.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/4-states-require-a-state-agency-to-investigate-police-shootings-520x629.jpg 520w\" sizes=\"(max-width: 550px) 100vw, 550px\">\u003c/p>\n\u003cp>In California, lawmakers have rejected the idea twice. But Sacramento Democratic Assemblyman Kevin McCarty—spurred on by the \u003ca href=\"http://www.sacbee.com/news/local/article206963509.html\" rel=\"noopener\" target=\"_blank\">recent announcement\u003c/a> that Sacramento police asked the state Attorney General to investigate the death of Stephon Clark—plans to re-introduce a bill requiring the state Justice Department to investigate deaths and serious injury caused by police. \u003c/p>\n\u003cp>“It raises a bigger question: why not for all the shootings?” McCarty said. “Having an independent third-party law enforcement agency come and do the investigation can bring about more transparency and more trust in the process.”\u003c/p>\n\u003cp>McCarty points to \u003ca href=\"https://law.stanford.edu/wp-content/uploads/2016/09/At-Arms-Length-Oct-2016.pdf\" rel=\"noopener\" target=\"_blank\">a report by the Stanford Criminal Justice Center\u003c/a> that describes the Wisconsin law as a model California should follow. But Tanya Faison, a leader of Black Lives Matter in Sacramento, said such a change is far short of a panacea.\u003c/p>\n\u003cp>“There needs to be oversight boards that reflect our community that do the investigations when police officers kill people,” Faison said. “This would move the needle in the right direction but there is more work to do.”\u003c/p>\n\u003cp>Police opposed McCarty’s bill last year, saying people who mistrust local law enforcement are unlikely to have more confidence in state-level authorities. And they challenge the assumption that investigators can’t set aside their personal relationships to conduct a fair inquiry.\u003c/p>\n\u003cp>“What McCarty is saying is that these officers are unprofessional and can’t do their job,” said Marvel. “I don’t buy into that premise.”\u003c/p>\n\u003cp>California Attorney General Xavier Becerra chimed in with support only after last year’s bill was watered down to a study. Lawmakers then killed it in the Senate Appropriations Committee, where bills can \u003ca href=\"https://calmatters.org/articles/capitol-suspense-california-bills-vanish-almost-without-trace/\" rel=\"noopener\" target=\"_blank\">die without a public vote\u003c/a>.\u003c/p>\n\u003cp>Asked this month if he would support McCarty’s effort this year, Becerra was noncommittal. “What you want to make sure is that you have an investigation that withstands the test of transparency, scrutiny, and accountability. That can be accomplished in any number of ways,” he said.\u003c/p>\n\u003cp>Establishing a unit in the state Department of Justice to investigate police shootings would cost between $8.5 million and $10 million a year, according to \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201720180AB284\" rel=\"noopener\" target=\"_blank\">an analysis\u003c/a> of prior legislation. McCarty said he’s exploring whether his proposal can be inserted into this year’s state budget.\u003c/p>\n\u003ch3>California has no power to revoke a cop’s certification \u003c/h3>\n\u003cp>State law says that anyone convicted of a felony cannot serve in law enforcement. Beyond that though, California’s system for getting rid of bad cops is highly decentralized. The state has more than 600 law enforcement agencies, and each one can decide if (short of a felony conviction) an officer’s misconduct is a firing offense.\u003c/p>\n\u003cp>It’s the opposite of how most of the country regulates police, according to research by Roger Goldman, retired professor at the Saint Louis University School of Law. He said that 45 states have a centralized system for revoking an officer’s professional certification—and most of them do it for less than a felony conviction.\u003c/p>\n\u003cp>“States like Georgia, Florida and North Carolina are decertifying cops hand over fist, and California is decertifying nobody, other than if convicted of a felony,” Goldman said.\u003c/p>\n\u003cp>\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification.jpg\" alt=\"\" width=\"550\" height=\"701\" class=\"aligncenter size-full wp-image-11661936\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification-160x204.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification-240x306.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification-375x478.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/45-states-have-the-power-to-revoke-a-police-officers-certification-520x663.jpg 520w\" sizes=\"(max-width: 550px) 100vw, 550px\">\u003c/p>\n\u003cp>It wasn’t always like this. California used to allow its law enforcement regulatory agency—known as the Commission on Peace Officer Standards and Training—to yank a cop’s certification. But in 2003, police unions lobbied the Legislature to take away that power, and Gov. Gray Davis signed the bill a month before he was recalled.\u003c/p>\n\u003cp>The other states with a decentralized system like California’s are Hawaii, New Jersey, Massachusetts and Rhode Island, Goldman said.\u003c/p>\n\u003cp>“What do they have in common? Very blue. Very strong police unions. The (California) Legislature is obviously scared to death of taking on the police unions,” he said.\u003c/p>\n\u003cp>Though Goldman contends the lack of such a system makes it easier for bad cops in California to bounce from one department to another, state officials disagree. They argue that police departments here can do a background check on anyone they’re considering hiring and find out if they’ve been fired for misconduct. \u003c/p>\n\u003cp>“Just because California doesn’t have a process per se like other states (to) rescind or cancel a certificate or license, doesn’t mean California takes that lightly,” said Dave Althausen, spokesman for the state regulatory agency.\u003c/p>\n\u003cp>It has a database that tracks every sworn officer in the state, he said, including when they were hired by a department and under what circumstances they left. \u003c/p>\n\u003cp>If they are convicted of a felony, the law says the agency must note in their file that they are “ineligible to be a peace officer in California.”\u003c/p>\n\u003cp>But, Althausen acknowledged, there’s no requirement that agencies check the database when hiring a new officer. \u003c/p>\n\u003ch3>And yet: California is considering the nation’s toughest standard for use of deadly force\u003c/h3>\n\u003cp>In 1989, the U.S. Supreme Court \u003ca href=\"https://caselaw.findlaw.com/us-supreme-court/490/386.html\" rel=\"noopener\" target=\"_blank\">ruled\u003c/a> that police use of force is justified whenever a “reasonable officer” in the same circumstance would do the same, setting the legal standard now used in every state. It’s one reason so few cops are convicted of crimes when they kill—jurors must consider whether a reasonable officer perceiving the same threat would make the same split-second decision. If so, the killing is legally justified. \u003c/p>\n\u003cp>California lawmakers will consider a bill this year that would make California the only state in the nation to set a different standard, one supporters believe will make it easier to hold police accountable. Under AB 931 police could only use deadly force when “necessary” to prevent injury or death in the context of the officer’s entire encounter with a suspect—not just the moment before firing his gun. Killing would only be legally justified if other tactics, such as warnings or de-escalation, were not possible instead. \u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/jpeTtfceEBA'\n title='//www.youtube.com/embed/jpeTtfceEBA'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>“We’re not saying that law enforcement officers can never use deadly force,” said Assemblywoman Shirley Weber, a San Diego Democrat carrying the bill with McCarty. “Deadly force can be used, but only when it is completely necessary.”\u003c/p>\n\u003cp>Lawyers with the American Civil Liberties Union, which is backing the bill, say the Supreme Court standard sets a minimum level of protection for civilians confronted by police, and that states can choose to set a higher bar. But Ingemunson, the lawyer for the LA police union questioned that, saying the proposed standard may violate officers’ rights under federal law.\u003c/p>\n\u003cp>“The theory would be that an officer also has rights, and one might be to be judged by the federal standard, not some state standard,” he said.\u003c/p>\n\u003cp>Police are frustrated that the bill language has not yet been made public, and say it’s hypocritical of the ACLU to criticize law enforcement for a lack of transparency while working with legislators behind the scenes to draft a bill that would impact their profession. They also warn that the “necessary” standard might discourage police from going into dangerous situations where their help is needed. \u003c/p>\n\u003cp>“It would be a colossal hindrance to law enforcement in this state,” said Marvel. “It would take away our ability to react efficiently and effectively. Officers will be thinking, ‘Should I really be doing this? Should I run away?’”\u003c/p>\n\u003cp>Though no other states have a standard like the one California is considering, some police departments have a standard higher than the one set by the Supreme Court in their internal policies. Seth Stoughton, an assistant professor at the University of South Carolina School of Law, researched use-of-force policies in the nation’s 50 largest police departments for a paper published last year. He concluded that Los Angeles has nothing in its policy describing a continuum of the types of force that should be deployed, while Seattle has the most detailed policy, stating, in part, that officers must “use only the force necessary to perform their duties.”\u003c/p>\n\u003cp>“The Supreme Court case law sets a (low) floor, but not a ceiling on how agencies handle use of force internally,” Stoughton wrote.\u003c/p>\n\u003cp>Franklin Zimring, a professor at UC Berkeley’s law school, said the California Legislature could best impact police behavior by increasing the amount of civil damages victims may seek in lawsuits over deadly force. \u003c/p>\n\u003cp>“The major force in controlling, or failing to control, police use of force is the police chief,” Zimring said. “What state law can do is...make excessive use of deadly force expensive enough to motivate police chiefs.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://calmatters.org/\" rel=\"noopener\" target=\"_blank\">CALmatters.org\u003c/a> is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Sacramento Police Unveil New Bodycam Policy After Protests",
"title": "Sacramento Police Unveil New Bodycam Policy After Protests",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Sacramento police have issued their first written policy on when officers can turn off body cameras after two officers muted their microphones following the fatal shooting of an unarmed black man in his grandparents' backyard. The Sacramento Police Department also promised Tuesday to release more video footage in a week.\u003c/p>\n\u003cp>The department made the unusual decision to release \u003ca href=\"https://www.kqed.org/news/11657350/video-shows-sacramento-police-shooting-unarmed-black-man-in-grandparents-backyard\" target=\"_blank\" rel=\"noopener\">video of Stephon Clark's shooting\u003c/a> within three days after he was killed, including footage from a sheriff's department helicopter circling overhead and body-camera footage from the two officers who shot the 22-year-old while responding to reports of someone breaking car windows.\u003c/p>\n\u003cp>A spokesman, Sgt. Vance Chandler, said the department has a 30-day deadline from the March 18 shooting to release remaining video and audio recordings, including those from other responding officers and police squad cars. He spoke outside a special City Council meeting focused on department policies and practices after \u003ca href=\"https://www.kqed.org/news/11659849/many-protests-few-arrests-in-sacramento-following-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">weeks of protests\u003c/a> have roiled California's capital city, disrupted professional basketball games and blocked rush hour traffic.\u003c/p>\n\u003cp>Body-camera footage of Clark's killing reveals that the two officers who shot him were told to mute their microphones several minutes after the shooting. Chandler said the department is still investigating who told the officers to turn off the microphones; whether that person is a supervisor; and whether the decision was appropriate.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More About Stephon Clark\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11658798/what-are-lawyers-and-investigators-looking-for-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">What Are Lawyers and Investigators Looking for in Police Shooting Cases?\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11659173/rally-seeks-justice-for-fatal-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">Rally Seeks Justice for Fatal Police Shooting of Stephon Clark\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11658057/family-members-civil-rights-leaders-call-for-justice-for-stephon-clark\" target=\"_blank\" rel=\"noopener\">Family Members, Civil Rights Leaders Call for Justice for Stephon Clark\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The new policy requires officers to verbalize their reason for turning off the microphone.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Body-camera use is covered in training but officers haven't received any written direction on when the equipment can be turned off until now, said Chandler. The policy was in the works before Clark's shooting but his death prompted the department to issue the guidance more quickly, he said.\u003c/p>\n\u003cp>Officers were previously told they could mute their cameras for personal conversations, including those that involve a supervisor, tactical discussions or times when a citizen requests that the camera be turned off, such as during a victim's statement.\u003c/p>\n\u003cp>The department is adopting a widely used policy that should already have been in place, said Geoffrey Alpert, a professor of criminology at the University of South Carolina and an expert on police use of force.\u003c/p>\n\u003cp>\"At least at this point they've got the proper rules in there now,\" he said. \"It shouldn't happen again, but it shouldn't have happened in the first place.\"\u003c/p>\n\u003cp>The new policy says \"employees shall not deactivate or mute their (cameras) until the investigative or enforcement activity involving a member of the public has concluded.\"\u003c/p>\n\u003cp>Officers can turn off their cameras while dealing with a victim of sexual assault or if a supervisor instructs them to do so. They can also turn off the equipment if a victim or witness is refusing to provide a statement on camera and the situation is non-confrontational, or when speaking to a doctor, nurse or paramedic.\u003c/p>\n\u003cp>Sacramento City Councilman Allen Warren said the policy should be updated to include specific penalties for violating the policy.\u003c/p>\n\u003cp>Police Chief Daniel Hahn told City Council members that the department is also working with outside experts to give officers training and experience in avoiding implicit racial bias, including having new officers tour and do public works projects in predominantly minority neighborhoods.\u003c/p>\n\u003cp>The department said the two officers have been with Sacramento police for two and four years, but each has four years' previous experience with other law enforcement agencies. Both are on paid administrative leave.\u003c/p>\n\u003cp>\"This is a very complex issue and it will take complex solutions. Our community is crying out for change,\" said Hahn, who became the city's first black police chief last year.\u003c/p>\n\u003cp>Mayor Darrell Steinberg said the council wants answers from Hahn in coming weeks on improvements to its policies and practices. He told Hahn that reconsidering the department's foot pursuit policy to minimize the use of lethal force should be \"a top tier priority\" for consideration.\u003c/p>\n\u003cp>\"I think it gets at the essence of what we saw on that videotape and the essence of what we're struggling with as a community here together,\" said Steinberg.\u003c/p>\n\u003cp>Stevante Clark, Stephon's brother, shook Steinberg's hand weeks after cursing him at \u003ca href=\"https://www.kqed.org/news/11658389/brother-of-police-shooting-victim-interrupts-sacramento-city-council-meeting\" target=\"_blank\" rel=\"noopener\">a much more unruly meeting\u003c/a>. Stevante Clark began his brief remarks by leading the crowd in chanting his brother's name, then asked to meet privately with Hahn and Steinberg. He urged the media not to further air video of the shooting because it is distressing the family.\u003c/p>\n\u003cp>\"My heart is gone,\" he said, repeatedly tapping his head. \"Emotions, feelings ...\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Two other members of the audience were escorted from the council chamber by police without incident after repeatedly interrupting other speakers or using profanity. Many of the roughly 60 activists and community members set to speak called for the two police officers to be fired and criminally charged, though experts cite court decisions that have held officers may use lethal force if they reasonably fear for their safety.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sacramento police have issued their first written policy on when officers can turn off body cameras after two officers muted their microphones following the fatal shooting of an unarmed black man in his grandparents' backyard. The Sacramento Police Department also promised Tuesday to release more video footage in a week.\u003c/p>\n\u003cp>The department made the unusual decision to release \u003ca href=\"https://www.kqed.org/news/11657350/video-shows-sacramento-police-shooting-unarmed-black-man-in-grandparents-backyard\" target=\"_blank\" rel=\"noopener\">video of Stephon Clark's shooting\u003c/a> within three days after he was killed, including footage from a sheriff's department helicopter circling overhead and body-camera footage from the two officers who shot the 22-year-old while responding to reports of someone breaking car windows.\u003c/p>\n\u003cp>A spokesman, Sgt. Vance Chandler, said the department has a 30-day deadline from the March 18 shooting to release remaining video and audio recordings, including those from other responding officers and police squad cars. He spoke outside a special City Council meeting focused on department policies and practices after \u003ca href=\"https://www.kqed.org/news/11659849/many-protests-few-arrests-in-sacramento-following-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">weeks of protests\u003c/a> have roiled California's capital city, disrupted professional basketball games and blocked rush hour traffic.\u003c/p>\n\u003cp>Body-camera footage of Clark's killing reveals that the two officers who shot him were told to mute their microphones several minutes after the shooting. Chandler said the department is still investigating who told the officers to turn off the microphones; whether that person is a supervisor; and whether the decision was appropriate.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More About Stephon Clark\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11658798/what-are-lawyers-and-investigators-looking-for-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">What Are Lawyers and Investigators Looking for in Police Shooting Cases?\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11659173/rally-seeks-justice-for-fatal-police-shooting-of-stephon-clark\" target=\"_blank\" rel=\"noopener\">Rally Seeks Justice for Fatal Police Shooting of Stephon Clark\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11658057/family-members-civil-rights-leaders-call-for-justice-for-stephon-clark\" target=\"_blank\" rel=\"noopener\">Family Members, Civil Rights Leaders Call for Justice for Stephon Clark\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The new policy requires officers to verbalize their reason for turning off the microphone.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Body-camera use is covered in training but officers haven't received any written direction on when the equipment can be turned off until now, said Chandler. The policy was in the works before Clark's shooting but his death prompted the department to issue the guidance more quickly, he said.\u003c/p>\n\u003cp>Officers were previously told they could mute their cameras for personal conversations, including those that involve a supervisor, tactical discussions or times when a citizen requests that the camera be turned off, such as during a victim's statement.\u003c/p>\n\u003cp>The department is adopting a widely used policy that should already have been in place, said Geoffrey Alpert, a professor of criminology at the University of South Carolina and an expert on police use of force.\u003c/p>\n\u003cp>\"At least at this point they've got the proper rules in there now,\" he said. \"It shouldn't happen again, but it shouldn't have happened in the first place.\"\u003c/p>\n\u003cp>The new policy says \"employees shall not deactivate or mute their (cameras) until the investigative or enforcement activity involving a member of the public has concluded.\"\u003c/p>\n\u003cp>Officers can turn off their cameras while dealing with a victim of sexual assault or if a supervisor instructs them to do so. They can also turn off the equipment if a victim or witness is refusing to provide a statement on camera and the situation is non-confrontational, or when speaking to a doctor, nurse or paramedic.\u003c/p>\n\u003cp>Sacramento City Councilman Allen Warren said the policy should be updated to include specific penalties for violating the policy.\u003c/p>\n\u003cp>Police Chief Daniel Hahn told City Council members that the department is also working with outside experts to give officers training and experience in avoiding implicit racial bias, including having new officers tour and do public works projects in predominantly minority neighborhoods.\u003c/p>\n\u003cp>The department said the two officers have been with Sacramento police for two and four years, but each has four years' previous experience with other law enforcement agencies. Both are on paid administrative leave.\u003c/p>\n\u003cp>\"This is a very complex issue and it will take complex solutions. Our community is crying out for change,\" said Hahn, who became the city's first black police chief last year.\u003c/p>\n\u003cp>Mayor Darrell Steinberg said the council wants answers from Hahn in coming weeks on improvements to its policies and practices. He told Hahn that reconsidering the department's foot pursuit policy to minimize the use of lethal force should be \"a top tier priority\" for consideration.\u003c/p>\n\u003cp>\"I think it gets at the essence of what we saw on that videotape and the essence of what we're struggling with as a community here together,\" said Steinberg.\u003c/p>\n\u003cp>Stevante Clark, Stephon's brother, shook Steinberg's hand weeks after cursing him at \u003ca href=\"https://www.kqed.org/news/11658389/brother-of-police-shooting-victim-interrupts-sacramento-city-council-meeting\" target=\"_blank\" rel=\"noopener\">a much more unruly meeting\u003c/a>. Stevante Clark began his brief remarks by leading the crowd in chanting his brother's name, then asked to meet privately with Hahn and Steinberg. He urged the media not to further air video of the shooting because it is distressing the family.\u003c/p>\n\u003cp>\"My heart is gone,\" he said, repeatedly tapping his head. \"Emotions, feelings ...\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Two other members of the audience were escorted from the council chamber by police without incident after repeatedly interrupting other speakers or using profanity. Many of the roughly 60 activists and community members set to speak called for the two police officers to be fired and criminally charged, though experts cite court decisions that have held officers may use lethal force if they reasonably fear for their safety.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Sen. Kamala Harris, D-Calif., immediately weighed in on the police shooting death of 22-year-old Stephon Clark at a \u003ca href=\"https://www.facebook.com/KQEDnews/videos/1867957629945292/\" target=\"_blank\" rel=\"noopener\">town hall in Sacramento Thursday night\u003c/a>. \u003ca href=\"https://www.kqed.org/news/11658808\" target=\"_blank\" rel=\"noopener\">Police shot and killed\u003c/a> the unarmed black man in his grandparents’ backyard nearly three weeks ago.\u003c/p>\n\u003cp>Harris said Clark should not have been killed and said more police officers need training in implicit bias.\u003c/p>\n\u003cp>“We all carry bias,\" she said. \"But when your bias is coupled with the fact that you carry a gun, it is something that has to be a priority for us.”\u003c/p>\n\u003cp>Harris called for reforms, but stopped short of supporting new legislation introduced in the state Capitol. Among several bills recently introduced is one that would \u003ca href=\"https://www.kqed.org/news/11659697\" target=\"_blank\" rel=\"noopener\">restrict when officers can use\u003c/a> deadly force. Harris, the former California attorney general, said she needs to see the bill’s language before taking a position on it.\u003c/p>\n\u003cp>In the past, civil rights groups \u003ca href=\"http://www.latimes.com/local/politics/la-me-pol-ca-harris-police-shootings-20160118-story.html\" target=\"_blank\" rel=\"noopener\">have criticized her\u003c/a> for not supporting legislation that would have required the state attorney general to independently investigate fatal police shootings.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Harris also addressed the upcoming \u003ca href=\"https://www.kqed.org/news/11659835/facebooks-mark-zuckerberg-will-testify-before-congress-on-april-11\" target=\"_blank\" rel=\"noopener\">congressional testimony\u003c/a> of Facebook CEO Mark Zuckerberg. The company has \u003ca href=\"https://www.kqed.org/news/11620463/facebook-surrenders-russian-linked-influence-ads-to-congress\" target=\"_blank\" rel=\"noopener\">come under fire\u003c/a> after it was revealed data analytics firm Cambridge Analytica improperly accessed the data of millions of Facebook users. Zuckerberg is scheduled to testify next Tuesday before a joint meeting of the Senate Commerce and Judiciary committees about how the company protects user data.\u003c/p>\n\u003cp>Harris sits on the Senate Judiciary Committee. She said she's concerned users' privacy was violated and that they weren't told about the violation after it happened.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It is about your rights to know and to then control what you will choose to do,\" she said. \"And so, for a lot of reasons, I'm very concerned about what happened, and I look forward to getting some answers.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sen. Kamala Harris, D-Calif., immediately weighed in on the police shooting death of 22-year-old Stephon Clark at a \u003ca href=\"https://www.facebook.com/KQEDnews/videos/1867957629945292/\" target=\"_blank\" rel=\"noopener\">town hall in Sacramento Thursday night\u003c/a>. \u003ca href=\"https://www.kqed.org/news/11658808\" target=\"_blank\" rel=\"noopener\">Police shot and killed\u003c/a> the unarmed black man in his grandparents’ backyard nearly three weeks ago.\u003c/p>\n\u003cp>Harris said Clark should not have been killed and said more police officers need training in implicit bias.\u003c/p>\n\u003cp>“We all carry bias,\" she said. \"But when your bias is coupled with the fact that you carry a gun, it is something that has to be a priority for us.”\u003c/p>\n\u003cp>Harris called for reforms, but stopped short of supporting new legislation introduced in the state Capitol. Among several bills recently introduced is one that would \u003ca href=\"https://www.kqed.org/news/11659697\" target=\"_blank\" rel=\"noopener\">restrict when officers can use\u003c/a> deadly force. Harris, the former California attorney general, said she needs to see the bill’s language before taking a position on it.\u003c/p>\n\u003cp>In the past, civil rights groups \u003ca href=\"http://www.latimes.com/local/politics/la-me-pol-ca-harris-police-shootings-20160118-story.html\" target=\"_blank\" rel=\"noopener\">have criticized her\u003c/a> for not supporting legislation that would have required the state attorney general to independently investigate fatal police shootings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Harris also addressed the upcoming \u003ca href=\"https://www.kqed.org/news/11659835/facebooks-mark-zuckerberg-will-testify-before-congress-on-april-11\" target=\"_blank\" rel=\"noopener\">congressional testimony\u003c/a> of Facebook CEO Mark Zuckerberg. The company has \u003ca href=\"https://www.kqed.org/news/11620463/facebook-surrenders-russian-linked-influence-ads-to-congress\" target=\"_blank\" rel=\"noopener\">come under fire\u003c/a> after it was revealed data analytics firm Cambridge Analytica improperly accessed the data of millions of Facebook users. Zuckerberg is scheduled to testify next Tuesday before a joint meeting of the Senate Commerce and Judiciary committees about how the company protects user data.\u003c/p>\n\u003cp>Harris sits on the Senate Judiciary Committee. She said she's concerned users' privacy was violated and that they weren't told about the violation after it happened.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It is about your rights to know and to then control what you will choose to do,\" she said. \"And so, for a lot of reasons, I'm very concerned about what happened, and I look forward to getting some answers.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Protesters have filled the streets of Sacramento nonstop since the \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark\" target=\"_blank\" rel=\"noopener\">police shooting of Stephon Clark\u003c/a> last month. They've blocked Sacramento Kings' fans from games, jammed drivers during their rush hour commutes, and filled the city council chambers twice for a public forum — including Tuesday night.\u003c/p>\n\u003cp>But there's been little violence, and just two arrests. Many cities in which officer-involved shootings have led to protests have avoided the riots and arrests that plagued cities such as Ferguson, Missouri, and Baltimore.\u003c/p>\n\u003ch2>Deliberate efforts to keep the peace\u003c/h2>\n\u003cp>At one of the daily afternoon Black Lives Matter marches last week in downtown Sacramento, a crowd of protesters who had already claimed a rush hour intersection walked right up to police officers and chanted provocatively in their faces.\u003c/p>\n\u003cp>It was one of the many tense moments since police officers shot 22-year-old Clark last month that could have escalated into a riot. But it didn't. After a few minutes, the cops backed off and retreated down the alleyway.\u003c/p>\n\u003cp>A short while later, some of the protesters broke off from the main group and marched into clogged traffic. But organizers called them back. No arrests at that day's protest, and no violence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It was a deliberate effort from both sides to keep the peace, even as the community burned with anger.\u003c/p>\n\u003cfigure id=\"attachment_11659850\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11659850\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/gettyimages-939880976_wide-0119fd859474269935863854e554189c25f7c48c-800x450.jpg\" alt=\"Hours after the funeral for Stephon Clark on March 29, dozens of Black Lives Matter protesters staged a demonstration outside of the offices of the Sacramento district attorney to demand justice for Clark who was shot and killed by Sacramento police.\" width=\"800\" height=\"450\">\u003cfigcaption class=\"wp-caption-text\">Hours after the funeral for Stephon Clark on March 29, dozens of Black Lives Matter protesters staged a demonstration outside of the offices of the Sacramento district attorney to demand justice for Clark, who was shot and killed by Sacramento police. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"For the most part, we've allowed people to take streets and intersections,\" said Sacramento Police Chief Daniel Hahn. \"That hasn't come without anger in our community, but I think it was the right decision at those times, because it didn't lead to more tragedy in our city.\"\u003c/p>\n\u003cp>Community activist Barry Accius agrees.\u003c/p>\n\u003cp>\"There has been police that have held some restraint,\" he says, \"and there has been great community leadership that has been able to kind of hold back certain aggressions and agitation.\"\u003c/p>\n\u003ch2>Respect and dignity\u003c/h2>\n\u003cp>There's a playbook for how to prevent violence in these situations, says David Couper, a former police chief in Madison, Wisconsin, who writes the \"Improving Police\" blog.\u003c/p>\n\u003cp>\"If a police department is close to the community, listens to the community, and treats the community with respect and dignity, the chance for their being urban chaos after a bad shooting is greatly reduced,\" he says.\u003c/p>\n\u003cfigure id=\"attachment_11659896\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11659896\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-800x512.jpg\" alt=\"Black Lives Matter protesters confront a line of California Highway Patrol officers during a demonstration on March 30, 2018 in Sacramento.\" width=\"800\" height=\"512\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-800x512.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-160x102.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-1020x652.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-1180x755.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-960x614.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-240x154.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-375x240.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-520x333.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Black Lives Matter protesters confront a line of California Highway Patrol officers during a demonstration on March 30, 2018, in Sacramento. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Couper likens it to making deposits in the community's trust bank, year after year — so that after a divisive police shooting, a city can make a withdrawal.\u003c/p>\n\u003cp>Sacramento implemented community-oriented policing years ago, and although Hahn has only been police chief for less than a year, he has built deep relationships with neighborhood groups — as have elected officials, like Mayor Darrell Steinberg.\u003c/p>\n\u003cp>\"The country's watching,\" the mayor says. \"And what the country has seen is not Ferguson. It's seen, in many ways, the opposite.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>That could change if the official investigation now underway does not lead to what protesters are demanding: criminal charges against the officers who shot Stephon Clark.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 Capital Public Radio. To see more, visit \u003ca href=\"http://www.capradio.org\">Capital Public Radio\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Many+Protests%2C+Few+Arrests+In+Sacramento&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"excerpt": "After two weeks of protests following the killing of Stephon Clark, there have been just two arrests and little if any violence. It's a deliberate effort from both sides to keep the peace.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Protesters have filled the streets of Sacramento nonstop since the \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark\" target=\"_blank\" rel=\"noopener\">police shooting of Stephon Clark\u003c/a> last month. They've blocked Sacramento Kings' fans from games, jammed drivers during their rush hour commutes, and filled the city council chambers twice for a public forum — including Tuesday night.\u003c/p>\n\u003cp>But there's been little violence, and just two arrests. Many cities in which officer-involved shootings have led to protests have avoided the riots and arrests that plagued cities such as Ferguson, Missouri, and Baltimore.\u003c/p>\n\u003ch2>Deliberate efforts to keep the peace\u003c/h2>\n\u003cp>At one of the daily afternoon Black Lives Matter marches last week in downtown Sacramento, a crowd of protesters who had already claimed a rush hour intersection walked right up to police officers and chanted provocatively in their faces.\u003c/p>\n\u003cp>It was one of the many tense moments since police officers shot 22-year-old Clark last month that could have escalated into a riot. But it didn't. After a few minutes, the cops backed off and retreated down the alleyway.\u003c/p>\n\u003cp>A short while later, some of the protesters broke off from the main group and marched into clogged traffic. But organizers called them back. No arrests at that day's protest, and no violence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It was a deliberate effort from both sides to keep the peace, even as the community burned with anger.\u003c/p>\n\u003cfigure id=\"attachment_11659850\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11659850\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/gettyimages-939880976_wide-0119fd859474269935863854e554189c25f7c48c-800x450.jpg\" alt=\"Hours after the funeral for Stephon Clark on March 29, dozens of Black Lives Matter protesters staged a demonstration outside of the offices of the Sacramento district attorney to demand justice for Clark who was shot and killed by Sacramento police.\" width=\"800\" height=\"450\">\u003cfigcaption class=\"wp-caption-text\">Hours after the funeral for Stephon Clark on March 29, dozens of Black Lives Matter protesters staged a demonstration outside of the offices of the Sacramento district attorney to demand justice for Clark, who was shot and killed by Sacramento police. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"For the most part, we've allowed people to take streets and intersections,\" said Sacramento Police Chief Daniel Hahn. \"That hasn't come without anger in our community, but I think it was the right decision at those times, because it didn't lead to more tragedy in our city.\"\u003c/p>\n\u003cp>Community activist Barry Accius agrees.\u003c/p>\n\u003cp>\"There has been police that have held some restraint,\" he says, \"and there has been great community leadership that has been able to kind of hold back certain aggressions and agitation.\"\u003c/p>\n\u003ch2>Respect and dignity\u003c/h2>\n\u003cp>There's a playbook for how to prevent violence in these situations, says David Couper, a former police chief in Madison, Wisconsin, who writes the \"Improving Police\" blog.\u003c/p>\n\u003cp>\"If a police department is close to the community, listens to the community, and treats the community with respect and dignity, the chance for their being urban chaos after a bad shooting is greatly reduced,\" he says.\u003c/p>\n\u003cfigure id=\"attachment_11659896\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11659896\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-800x512.jpg\" alt=\"Black Lives Matter protesters confront a line of California Highway Patrol officers during a demonstration on March 30, 2018 in Sacramento.\" width=\"800\" height=\"512\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-800x512.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-160x102.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-1020x652.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-1180x755.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-960x614.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-240x154.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-375x240.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/ClarkDemonstratorsPolice-520x333.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Black Lives Matter protesters confront a line of California Highway Patrol officers during a demonstration on March 30, 2018, in Sacramento. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Couper likens it to making deposits in the community's trust bank, year after year — so that after a divisive police shooting, a city can make a withdrawal.\u003c/p>\n\u003cp>Sacramento implemented community-oriented policing years ago, and although Hahn has only been police chief for less than a year, he has built deep relationships with neighborhood groups — as have elected officials, like Mayor Darrell Steinberg.\u003c/p>\n\u003cp>\"The country's watching,\" the mayor says. \"And what the country has seen is not Ferguson. It's seen, in many ways, the opposite.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>That could change if the official investigation now underway does not lead to what protesters are demanding: criminal charges against the officers who shot Stephon Clark.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2018 Capital Public Radio. To see more, visit \u003ca href=\"http://www.capradio.org\">Capital Public Radio\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Many+Protests%2C+Few+Arrests+In+Sacramento&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"title": "Bill Would Change When California Cops Can Use Deadly Force",
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"headTitle": "Bill Would Change When California Cops Can Use Deadly Force | KQED",
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"content": "\u003cp>Several lawmakers and the family of \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark\" target=\"_blank\" rel=\"noopener\">Stephon Clark\u003c/a>, a 22-year-old unarmed black man who was fatally shot by Sacramento police, proposed on Tuesday that California become the first state to significantly restrict when officers can open fire.\u003c/p>\n\u003cp>A proposed state law would change the current “objective reasonableness” standard stemming from the U.S. Supreme Court’s interpretation of the Fourth Amendment. Assembly Bill 931 would instead “authorize deadly force only when it is necessary to prevent imminent death or serious bodily injury,” according to a summary of the legislation. The bill’s text had not been officially filed as of Tuesday afternoon.\u003c/p>\n\u003cp>Officers would be allowed to shoot only if “there were no other reasonable alternatives to the use of deadly force” to prevent imminent serious injury or death, said Lizzie Buchen, legislative advocate for the American Civil Liberties Union, which is among the groups behind the measure.\u003c/p>\n\u003cp>“We need to ensure that our state policy governing the use of deadly force stresses the sanctity of human life and is only used when necessary,” said Assemblywoman Shirley Weber, a San Diego Democrat who introduced the bill. “Deadly force can be used, but only when it is completely necessary.”\u003c/p>\n\u003cp>The bill aims to change the language of two California Penal Code sections, Buchen said, both of which originated in 1872. California Penal Code \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=196.&lawCode=PEN\" target=\"_blank\" rel=\"noopener\">Section 196\u003c/a> defines “justifiable homicide” by public officers, and \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=835a.&lawCode=PEN\" target=\"_blank\" rel=\"noopener\">Section 835a\u003c/a> gives police officers authority to use “reasonable force to effect the arrest, to prevent escape or to overcome resistance.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The new bill’s goal is to encourage officers to try to defuse confrontations or use less deadly weapons, said Democratic Assemblyman Kevin McCarty of Sacramento, who is co-authoring the legislation.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘We should no longer be the target practice or victims of a shoot first, ask questions later police force.’\u003ccite>Assemblyman Chris Holden\u003c/cite>\u003c/aside>\n\u003cp>“Young black men are 20 times more likely to be killed at the hands of a law enforcement officer than young Caucasian men,” McCarty said. “The time is now to revise this over 100-year-old law, which unfortunately too often justifies deadly force incidents.”\u003c/p>\n\u003cp>Spokesmen for the California Police Chiefs Association and California State Sheriffs’ Association said they had not seen the proposal and could not comment.\u003c/p>\n\u003cp>“We should no longer be the target practice or victims of a shoot first, ask questions later police force,” said Assemblyman Chris Holden, chairman of the Legislative Black Caucus.\u003c/p>\n\u003cp>Proponents said the bill would require all California police departments to adopt use-of-force policies similar to a new \u003ca href=\"https://www.kqed.org/news/10999007/s-f-police-commission-approves-new-use-of-force-rules-union-has-sticking-points\" target=\"_blank\" rel=\"noopener\">set of rules in San Francisco\u003c/a>, which emphasize de-escalation and alternatives to deadly force when feasible.\u003c/p>\n\u003cp>But some in law enforcement called the proposal irresponsible and unworkable.\u003c/p>\n\u003cp>Officers already use deadly force only when necessary and are taught to try to defuse dangerous situations first when possible, said Ed Obayashi, a Plumas County sheriff’s deputy and special prosecutor who trains officers and testifies in court on police use of force.\u003c/p>\n\u003cp>Tinkering with legal protections for police could make it more difficult to hire officers and be dangerous because they may hesitate when confronting an armed suspect, threatening themselves and bystanders, Obayashi said.\u003c/p>\n\u003cfigure id=\"attachment_11658662\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11658662\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/ap_18086073159406-bda41457cd77e4562244ad5ecf266d2ed804a021-800x600.jpg\" alt=\"This March 18 photo shows Stephon Clark the afternoon before he died in his grandmother's backyard in Sacramento.\" width=\"800\" height=\"600\">\u003cfigcaption class=\"wp-caption-text\">This March 18 photo shows Stephon Clark the afternoon before he died in his grandmother’s backyard in Sacramento.\u003c/figcaption>\u003c/figure>\n\u003cp>Weber, who heads a public safety oversight committee, said she hopes the recent heavily publicized string of police shootings of minority suspects and mass protests over last month’s death of Stephon Clark will be enough to overcome any law enforcement resistance.\u003c/p>\n\u003cp>Two Sacramento officers chased Clark, who was suspected of breaking into cars, \u003ca href=\"https://www.kqed.org/news/11657350/video-shows-sacramento-police-shooting-unarmed-black-man-in-grandparents-backyard\" target=\"_blank\" rel=\"noopener\">into his grandparents’ darkened backyard and opened fire\u003c/a> within seconds and without identifying themselves as police because they said they thought he had a gun. Investigators found only a cellphone.\u003c/p>\n\u003cp>Changing the legal standard might mean that more people confronted by police “could go home. They may be able to wake up” the next day, said Clark’s uncle, family spokesman Curtis Gordon.\u003c/p>\n\u003cp>“A life may be saved in that blink” of time before officers open fire, he said. “If you feel some sort of repercussion, you may act a little more cautiously.”\u003c/p>\n\u003cp>Several black community leaders at the news conference called the proposal “a good first step.”\u003c/p>\n\u003cp>Sacramento Police Chief Daniel Hahn told The Associated Press last week that he is open to examining the department’s policies on pursuing suspects and other practices, but warned that changes could carry consequences.\u003c/p>\n\u003cfigure id=\"attachment_11659766\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11659766 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-800x533.jpg\" alt=\"Sacramento police chief Daniel Hahn prays after Stevante Clark, brother of Stephon Clark, disrupted a special city council meeting at Sacramento City Hall on March 27, 2018.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-1180x786.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-960x640.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-240x160.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-375x250.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-520x346.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sacramento Police Chief Daniel Hahn prays after Stevante Clark, brother of Stephon Clark, disrupted a special City Council meeting at Sacramento City Hall on March 27, 2018. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California’s current standard makes it rare for officers to be charged after a shooting and rarer still for them to be convicted. Frequently it’s because of the doctrine of “objective reasonableness.” If prosecutors or jurors believe that officers have a reason to fear for their safety, they can use deadly force.\u003c/p>\n\u003cp>The tougher proposed standard could require officers to delay confronting a suspect they fear may be armed until backup arrives or force police to give explicit verbal warnings that suspects will be killed unless they drop the weapon, said Buchen of the ACLU.\u003c/p>\n\u003cp>“It’s clear that the current law protects the police, not the people,” Buchen said. “It allows officers to kill community members when they had other options or when they’re the ones who created the danger.”\u003c/p>\n\u003cp>The proposal would open officers who don’t follow the stricter rules to discipline or firing, and sometimes even criminal charges.\u003c/p>\n\u003cp>The ACLU says California would be the first state to adopt such a standard, though some other law enforcement agencies, including San Francisco, have similar or more restrictive rules.\u003c/p>\n\u003cp>Cities’ strict standards are generally for situations where there is time to de-escalate volatile situations, such as with people who are mentally unstable, Obayashi said.\u003c/p>\n\u003cp>The lawmakers and ACLU point to a \u003ca href=\"https://mappingpoliceviolence.org/\" target=\"_blank\" rel=\"noopener\">2016 study\u003c/a> by policy analyst and racial justice advocate Samuel Sinyangwe that analyzed use-of-force policies by major U.S. police departments. He found that officers working under more restrictive policies are less likely to kill and less likely to be killed or assaulted.\u003c/p>\n\u003cp>Officers fatally shot 162 people in California last year, only half of whom had guns, the lawmakers said.\u003c/p>\n\u003cp>They cited studies showing that black people are far more likely than white people to die in police shootings and that California has five of the nation’s 15 police departments with the highest per capita rates of killings by officers: Bakersfield, Stockton, Long Beach, Santa Ana and San Bernardino.\u003c/p>\n\u003cp>\u003cem>This post contains reporting from the Associated Press.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Alex Emslie of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n",
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"excerpt": "A proposed state law would change the current 'objective reasonableness' standard to one that allows only 'necessary' use of deadly force.",
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"title": "Bill Would Change When California Cops Can Use Deadly Force | KQED",
"description": "A proposed state law would change the current 'objective reasonableness' standard to one that allows only 'necessary' use of deadly force.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Several lawmakers and the family of \u003ca href=\"https://www.kqed.org/news/tag/stephon-clark\" target=\"_blank\" rel=\"noopener\">Stephon Clark\u003c/a>, a 22-year-old unarmed black man who was fatally shot by Sacramento police, proposed on Tuesday that California become the first state to significantly restrict when officers can open fire.\u003c/p>\n\u003cp>A proposed state law would change the current “objective reasonableness” standard stemming from the U.S. Supreme Court’s interpretation of the Fourth Amendment. Assembly Bill 931 would instead “authorize deadly force only when it is necessary to prevent imminent death or serious bodily injury,” according to a summary of the legislation. The bill’s text had not been officially filed as of Tuesday afternoon.\u003c/p>\n\u003cp>Officers would be allowed to shoot only if “there were no other reasonable alternatives to the use of deadly force” to prevent imminent serious injury or death, said Lizzie Buchen, legislative advocate for the American Civil Liberties Union, which is among the groups behind the measure.\u003c/p>\n\u003cp>“We need to ensure that our state policy governing the use of deadly force stresses the sanctity of human life and is only used when necessary,” said Assemblywoman Shirley Weber, a San Diego Democrat who introduced the bill. “Deadly force can be used, but only when it is completely necessary.”\u003c/p>\n\u003cp>The bill aims to change the language of two California Penal Code sections, Buchen said, both of which originated in 1872. California Penal Code \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=196.&lawCode=PEN\" target=\"_blank\" rel=\"noopener\">Section 196\u003c/a> defines “justifiable homicide” by public officers, and \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=835a.&lawCode=PEN\" target=\"_blank\" rel=\"noopener\">Section 835a\u003c/a> gives police officers authority to use “reasonable force to effect the arrest, to prevent escape or to overcome resistance.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The new bill’s goal is to encourage officers to try to defuse confrontations or use less deadly weapons, said Democratic Assemblyman Kevin McCarty of Sacramento, who is co-authoring the legislation.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘We should no longer be the target practice or victims of a shoot first, ask questions later police force.’\u003ccite>Assemblyman Chris Holden\u003c/cite>\u003c/aside>\n\u003cp>“Young black men are 20 times more likely to be killed at the hands of a law enforcement officer than young Caucasian men,” McCarty said. “The time is now to revise this over 100-year-old law, which unfortunately too often justifies deadly force incidents.”\u003c/p>\n\u003cp>Spokesmen for the California Police Chiefs Association and California State Sheriffs’ Association said they had not seen the proposal and could not comment.\u003c/p>\n\u003cp>“We should no longer be the target practice or victims of a shoot first, ask questions later police force,” said Assemblyman Chris Holden, chairman of the Legislative Black Caucus.\u003c/p>\n\u003cp>Proponents said the bill would require all California police departments to adopt use-of-force policies similar to a new \u003ca href=\"https://www.kqed.org/news/10999007/s-f-police-commission-approves-new-use-of-force-rules-union-has-sticking-points\" target=\"_blank\" rel=\"noopener\">set of rules in San Francisco\u003c/a>, which emphasize de-escalation and alternatives to deadly force when feasible.\u003c/p>\n\u003cp>But some in law enforcement called the proposal irresponsible and unworkable.\u003c/p>\n\u003cp>Officers already use deadly force only when necessary and are taught to try to defuse dangerous situations first when possible, said Ed Obayashi, a Plumas County sheriff’s deputy and special prosecutor who trains officers and testifies in court on police use of force.\u003c/p>\n\u003cp>Tinkering with legal protections for police could make it more difficult to hire officers and be dangerous because they may hesitate when confronting an armed suspect, threatening themselves and bystanders, Obayashi said.\u003c/p>\n\u003cfigure id=\"attachment_11658662\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11658662\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/ap_18086073159406-bda41457cd77e4562244ad5ecf266d2ed804a021-800x600.jpg\" alt=\"This March 18 photo shows Stephon Clark the afternoon before he died in his grandmother's backyard in Sacramento.\" width=\"800\" height=\"600\">\u003cfigcaption class=\"wp-caption-text\">This March 18 photo shows Stephon Clark the afternoon before he died in his grandmother’s backyard in Sacramento.\u003c/figcaption>\u003c/figure>\n\u003cp>Weber, who heads a public safety oversight committee, said she hopes the recent heavily publicized string of police shootings of minority suspects and mass protests over last month’s death of Stephon Clark will be enough to overcome any law enforcement resistance.\u003c/p>\n\u003cp>Two Sacramento officers chased Clark, who was suspected of breaking into cars, \u003ca href=\"https://www.kqed.org/news/11657350/video-shows-sacramento-police-shooting-unarmed-black-man-in-grandparents-backyard\" target=\"_blank\" rel=\"noopener\">into his grandparents’ darkened backyard and opened fire\u003c/a> within seconds and without identifying themselves as police because they said they thought he had a gun. Investigators found only a cellphone.\u003c/p>\n\u003cp>Changing the legal standard might mean that more people confronted by police “could go home. They may be able to wake up” the next day, said Clark’s uncle, family spokesman Curtis Gordon.\u003c/p>\n\u003cp>“A life may be saved in that blink” of time before officers open fire, he said. “If you feel some sort of repercussion, you may act a little more cautiously.”\u003c/p>\n\u003cp>Several black community leaders at the news conference called the proposal “a good first step.”\u003c/p>\n\u003cp>Sacramento Police Chief Daniel Hahn told The Associated Press last week that he is open to examining the department’s policies on pursuing suspects and other practices, but warned that changes could carry consequences.\u003c/p>\n\u003cfigure id=\"attachment_11659766\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11659766 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-800x533.jpg\" alt=\"Sacramento police chief Daniel Hahn prays after Stevante Clark, brother of Stephon Clark, disrupted a special city council meeting at Sacramento City Hall on March 27, 2018.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-1180x786.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-960x640.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-240x160.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-375x250.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/04/SacPoliceChiefHahn-520x346.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sacramento Police Chief Daniel Hahn prays after Stevante Clark, brother of Stephon Clark, disrupted a special City Council meeting at Sacramento City Hall on March 27, 2018. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California’s current standard makes it rare for officers to be charged after a shooting and rarer still for them to be convicted. Frequently it’s because of the doctrine of “objective reasonableness.” If prosecutors or jurors believe that officers have a reason to fear for their safety, they can use deadly force.\u003c/p>\n\u003cp>The tougher proposed standard could require officers to delay confronting a suspect they fear may be armed until backup arrives or force police to give explicit verbal warnings that suspects will be killed unless they drop the weapon, said Buchen of the ACLU.\u003c/p>\n\u003cp>“It’s clear that the current law protects the police, not the people,” Buchen said. “It allows officers to kill community members when they had other options or when they’re the ones who created the danger.”\u003c/p>\n\u003cp>The proposal would open officers who don’t follow the stricter rules to discipline or firing, and sometimes even criminal charges.\u003c/p>\n\u003cp>The ACLU says California would be the first state to adopt such a standard, though some other law enforcement agencies, including San Francisco, have similar or more restrictive rules.\u003c/p>\n\u003cp>Cities’ strict standards are generally for situations where there is time to de-escalate volatile situations, such as with people who are mentally unstable, Obayashi said.\u003c/p>\n\u003cp>The lawmakers and ACLU point to a \u003ca href=\"https://mappingpoliceviolence.org/\" target=\"_blank\" rel=\"noopener\">2016 study\u003c/a> by policy analyst and racial justice advocate Samuel Sinyangwe that analyzed use-of-force policies by major U.S. police departments. He found that officers working under more restrictive policies are less likely to kill and less likely to be killed or assaulted.\u003c/p>\n\u003cp>Officers fatally shot 162 people in California last year, only half of whom had guns, the lawmakers said.\u003c/p>\n\u003cp>They cited studies showing that black people are far more likely than white people to die in police shootings and that California has five of the nation’s 15 police departments with the highest per capita rates of killings by officers: Bakersfield, Stockton, Long Beach, Santa Ana and San Bernardino.\u003c/p>\n\u003cp>\u003cem>This post contains reporting from the Associated Press.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Alex Emslie of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
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},
"closealltabs": {
"id": "closealltabs",
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"order": 1
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"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"source": "Commonwealth Club of California"
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"order": 9
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"meta": {
"site": "radio",
"source": "WNYC"
},
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"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
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"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
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"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"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",
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"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
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"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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},
"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. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
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"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
}
},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
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},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
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"officialWebsiteLink": "/perspectives/",
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
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"npr": "https://www.npr.org/podcasts/432309616/perspectives",
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},
"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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