Five before Midnight

This site is dedicated to the continuous oversight of the Riverside(CA)Police Department, which was formerly overseen by the state attorney general. This blog will hopefully play that role being free of City Hall's micromanagement.
"The horror of that moment," the King went on, "I shall never, never forget." "You will though," the Queen said, "if you don't make a memorandum of it." --Lewis Carroll

Contact: fivebeforemidnight@yahoo.com

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Location: RiverCity, Inland Empire

Friday, February 29, 2008

"Shots fired" from coast to coast

"Did you ever hear any shouts, 'Police!', 'Don't move!" prosecutor Charles Testagrossa asked.

"No" [Lt. Gary] Napoli said.



---New York Daily News




"You feel bad, but this is your job. They give you orders and you have to do it."


---Rafael Sanchez Herrera, 34, of Chino, said in Spanish in an interview from the Adelanto Detention Center to the Press Enterprise.



"I have a vehicle that did a 211 leaving the parking lot towards the McDonalds."


---Riverside Police Department Officer Jeffrey Putman, on the radio.




When Community Police Review Commissioner Butch Warnberg wrote his report on his investigation into the fatal officer-involved shooting of Douglas Steven Cloud, it included the radio transmissions from the police officers before, during and afterward.

The commission is only now reviewing the shooting, about 18 months after it happened, just days after the second largest financial settlement in relation to a wrongful death settlement in the city's recent history was just announced.

The above quote was the original 11-10 (for backup) transmission by Putman that set the chain of events in motion that were to follow. Putman was the only officer mentioned in Warnberg's report who apparently wasn't interviewed by investigators in the probe done by the Officer-Involved Death Team. That's too bad for the CPRC because many of their questions for Warnberg centered on Putman and his ability to view and access what was going on at the Home Depot Parking Lot from about 80 or so feet away.


Warnberg stated in his report that "the failure to clarify the incident left the assisting officers at a serious and dangerous disadvantage".


(excerpts, Warnberg's report)


Putman provided more information on the car including that it was a "Older Datsun primer last seen west-bound Indiana". When an officer asks what color, Putman answers, "gray primer".

Cloud was described as a "Hispanic male, 20-25 with dark hair." An officer asks, "Are there any weapons?".

No one answers.


About 39 seconds later, Putman gives the license number of the vehicle. Seven officers say they're in the area.


About 45 seconds later, Officers Nicholas Vazquez and Brett Stennett who are riding together say, they've spotted the vehicle and are "97" or at the scene. Eleven officers in six units also arrive within seconds.

About 20 seconds later, an unknown officer states "shots fired, shots fired." Other officers get on their radios to say the same and one finally provides the location, Indiana and Detroit.

Sgt. Rene Ramirez requests medical aid 45 seconds later. Another 73 seconds later, Canine Officer Mike Mears tells everyone to "just take cover and just stay there." He then says about 2 1/2 minutes later that he's sending a team of four officers and a sergeant to check on the suspect.


One minute and 16 seconds later, Mears says on the radio that the suspect is "Code 8"

In other words, deceased.



While there's been a lot of discussion about the crowing menace in Riverside, there's been very little talk from Riverside's city government about the real threat which has been bacteria-contaminated beef coming from a meat packing plant in Chino. The scandal there has led to the largest beef recall in national history impacting the entire nation. But while several current and former city council members pushed for the passage of Measure A and no doubt celebrated afterward, who on the dais has even asked in a public forum about the safety of beef in this city including its schools?

One former employee said that if employees didn't follow orders, they would lose their jobs.




Is Riverside's pumping station encroaching on another person's property? Yes it has been for decades and part of the land is owned by Colton's Redevelopment Agency. A mobile home park which offers affordable housing is in the middle of it and its residents were concerned to find out that Riverside was interested in purchasing the land for good reason.


(excerpt)


Some residents, were alarmed when they heard about the city of Riverside's plans, thinking Riverside officials were planning to use eminent domain to take control of some of the property, Parrish said.

"They really didn't explain it well to the neighborhood," he said by phone.

Riverside city officials are only seeking two easements that are 25 feet by 150 feet, for the retaining wall at the back of the treatment plant, and 3 feet by 40 feet, for a part of the road that crosses the homeowners association property, Milligan said. The easements will not require the relocation of any residents, he said.

Rancho Mediterranean park Manager Dominick Villani said Riverside city officials sent out a letter, but not a map, which shook people up. But Riverside city officials went out to the community last week and explained their plans to residents, he said.

"We're not in jeopardy in the park," Villani said by phone. "Everyone seemed to be satisfied."




News of Riverside's rather frequent use or threat of use of Eminent Domain to acquire property to hand off to private developers has apparently spread to neighboring areas outside the city.






Harry Hood, 82, a member of many community organizations including the Group and the League of Women Voters was profiled in the Press Enterprise.




Does Temecula need campaign reform?


That's the issue addressed by Robert Eilek from that city and it stems from the controversy involving several Press Enterprise articles that addressed campaign ties between council members in Temecula and development firms.


(excerpt)


Instead of attacking The Press-Enterprise, this council should act with urgency to restore the public's faith in its integrity. A good start would be for city leaders to initiate campaign-finance reform. If democracy is to survive in this city, it is crucial that the council reduce the influence of those conducting business with the city.

Thus, strict limits should be placed on the amount of money donors can give to candidates for city government. We need to level the playing field so that the average citizen feels that his or her voice is equal to that of the wealthiest special interest.

Also, the city should establish an independent watchdog to oversee the conduct of council members and other city officials. An ethics policy should be crafted and power delegated to this body to interpret and enforce the policy and investigate potential wrongdoing.






Some police chief positions were filled by the San Bernardino County Sheriff's Department in Grand Terrace and Loma Linda.



Do you want to be a police chief? There's a job opening in North Carolina in Winston-Salem.


These are just some of the qualities that the city will be looking for below.


(excerpt)



In evaluating applicants for this position, the City Manager will be
looking for candidates who have the following characteristics and
competencies:

· The Chief will be committed to high levels of staff training and
staff development and be supportive of employees maximizing their
individual potential.

· The ability to say "no" when necessary without
generating hostility or ill will.

· The ability to effectively and articulately communicate the
Department's vision and goals to Departmental personnel and the
community.

· An on-going level of commitment to service and visibility within
the community, both on and off the job.

· An innovative, proactive, flexible and creative person who is
not afraid to consider new technology, equipment, training, and police
practices.

· An individual with a strong sense of self who demonstrates the
highest levels of personal and professional ethics and behavior and
leads by commitment, example and ethical standards, both on and off the
job.

· A good listener who listens to both sides of an issue and has an
open flow of communication to community leaders and citizens. Supportive
of subordinates' efforts, he/she will appropriately and vigorously
advocate for needed resources for the Department.

· An effective delegator with the ability to assign
responsibilities to subordinate personnel and hold them accountable for
results.

· An awareness and sensitivity to cultural, social, and ethnic
differences in the population served is essential.

· A visionary leader who can bring together the various elements
of the community, the Department and leadership of the City to develop a
vision, strategic planning process and clear goals to guide the future
of the Department.

· A team oriented person who is seen as caring, personable, open,
responsive, visible and accessible to subordinates, other City
departments, citizens, other law enforcement agencies, schools, and the
business community. Excellent interpersonal skills with an ability to
establish positive working relationships with others are sought.






The Shreveport Times Editorial Board stated that the public needs more information about police complaints.



(excerpt)



As for his hand-picked police chief, Glover may be getting an earful from the taciturn Henry Whitehorn, but the chief's relations with the public, media, even other public safety agencies, need improvement. Again, he could take a page from a predecessor, Campbell, who not only was available to media, but often initiated contact with reporters and editors.

It's not clear whether Whitehorn misjudged public reaction to the sight of a handcuffed and bleeding Angela Garbarino or mishandled the official response to the furor. Either way, he waited too late to meet the incident head on with more definitive comments that would indicate intolerance of such activity and assurance of a thorough investigation. When the public senses a department circling its wagons, that's when suspicions grow and community relations erode.

Citizen review of police conduct and policies remains an idea worth pursuing. A review panel that can make recommendations to the department and the mayor can enhance public confidence. Last September, with eight officers facing criminal charges that included allegations of perjury and falsifying reports, Glover still was rejecting the need for citizen review. Surely now he will reconsider.

Short of that, timely reports to elected leadership and the public could at least provide an indication of departmental trouble spots. Councilman Calvin Lester's request for the city attorney to find a means for council briefings of potentially controversial situations is a step in the right direction.

State lawmakers just spent 2½ weeks working to reform ethics and create a more transparent government, efforts designed to spiff up our image to the nation. Unfortunately, one police video on a national media loop can tarnish that image quicker than anyone can clean it.





Seattle's city government and the police department's labor union are battling again after the union filed a complaint that the city undermined it in labor negotiations.


The union alleged that information was leaked out about its contract negotiations.


The police chief in Seattle is revamping his police force to improve accountability.



Speaking of accountability in law enforcement, the Seattle Press-Intelligencer has an excellent ongoing series on how issues of accountability impact law enforcement agencies in Washington including Seattle.


Strong Arm of the Law


Articles in the series address these questions as well as others.


Do officers who use violent force in Seattle get a free pass?

Do African-Americans face a higher level of "contempt of cop" charges?


Why do police officers who lie in Washington remain employed?



(excerpt, Seattle Press-Intelligencer)


In the five years ending July 2007, just 13 police officers statewide had been terminated and disqualified to serve again as police officers in Washington state because of lying, including the case of a Seattle officer cheating on an exam.

Yet the P-I found more than two dozen other cases in which officers were alleged to have misled supervisors, misstated important facts or fabricated information in fieldwork, internal investigations and court cases without being fired.

Among them, a Tacoma officer accused of falsifying sick-leave reports in 2004; a Federal Way officer who allegedly tried to cover up improperly throwing away drug evidence in 2002; and a King County sergeant accused of making "misleading statements" about her alleged pressuring of a subordinate regarding a public sex arrest case.

In a 2004 case, a dishonesty charge against Federal Way Officer James Keller was sustained in a car accident he was involved in, but he was not fired.

In several other cases, officers were not even investigated for potentially career-ending dishonesty charges despite allegations or other evidence those officers lied, a review of disciplinary cases statewide found. Two Tacoma officers claimed a third officer in 2002 provided misinformation in a police report favorable to a prominent architect. That officer was never investigated for dishonesty, records show.




Remember former state insurance commissioner Chuck Quakenbush? Now he's a deputy in Florida and he's just shot and seriously injured a man.





In New York City, a commander testified about a frantic phone call he received from one of the detectives who shot Bell.



(excerpt, Newsday)



"It is getting hot, getting hot!," was the frantic telephone call a police commander remembered getting from one of the detectives involved in the moments before Sean Bell was shot dead after partying at a Jamaica strip club.

In testimony Friday morning in Kew Garden State Supreme Court, Lt. Gary Napoli said that Gescard Isnora, who was working undercover, relayed an urgent message to him in a telephone call that there might be a gun among a group of men arguing outside the club.

"I told units to move in to where Jessie is," Napoli, 50, testified.

Napoli then said that once his own car turned on to nearby Liverpool Street he saw Bell's car suddenly speed away from a curb. Napoli then said he heard a collision and almost immediately the sound of gunfire. Staying low and crawling out of his vehicle to avoid getting shot, Napoli said he didn't hear any pause in the shooting. He also said he didn't recall seeing any of his officers display their police badges, although he admitted that he wasn't really looking for that during the shooting incident.




The shock of the statement made by Napoli that the officers never identified themselves as such before firing their guns at Bell and his friends.



(excerpt, New York Daily News)



In earlier testimony, Napoli admitted the ill-fated operation was poorly planned and rife with errors, but he and his men were determined to make one more arrest so they could padlock the club.

Two of Bell's friends have said he exchanged angry words with a man prosecutors have identified as Fabio Coicou outside the club. The Bell pals said they thought the man was armed.

Napoli said he was sitting in the passenger seat of an unmarked police Toyota Camry driven by Detective Paul Headley when Isnora called him from outside the club and reported the escalating squabble. Cooper was in a back seat of the Camry.

Seconds later, Isnora called again. This time, he sounded "frantic" and was tailing Bell and his buddies Joseph Guzman and Trent Benefield down Liverpool St. to Bell's car, Napoli said.

"I felt my responsibility was to get Jesse as soon as possible," Napoli said, using Isnora's nickname. "I know I yelled, 'Move in! Move in!' I don't know if I gave them a specific area. At that point, the clock was moving fast."

Napoli said Headley drove down 95th Ave. toward Liverpool St. and they quickly spotted Isnora, who gave three sharp head nods in the direction of Bell's car.

Napoli said they pulled up beside Bell's car and prepared to swarm the vehicle. He said he had leaned down under the dashboard to pick up a dome light, when he heard the sound of a car revving up.

"They were trying to flee us because they recognized we were police," Napoli said. "I'm thinking they tried to get away and they hit another car, not knowing it was our car."

Then gunfire erupted.





The New York Times depicted Napoli's testimony.


(excerpt)


“I believed that we were under fire,” Lieutenant Napoli testified. “I told Marc and Paul, ‘Get down, we’re under fire.’”

Lieutenant Napoli drew his weapon, uncertain as to whether his vehicle was under fire. To avoid the possibility of shooting Detective Cooper, who was in the back seat and therefore in the line of fire, Lieutenant Napoli said, “I positioned myself at an angle, pointing the gun out of the window of my car.”

He continued: “I turned my body this way and pointed my gun out the window. If anyone came up on our car, I would have fired, out of the line of sight of Marc.”
He soon realized that their car was not under fire because none of the car’s windows were broken.

“I get down as low as possible — basically down on my stomach — and I proceed to crawl to the rear of the car,” Lieutenant Napoli continued, explaining how he left the car and then crawled along the ground.
The gunfire had stopped.

“When it ended, there was almost like an eerie silence,” Lieutenant Napoli said.

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