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

Saturday, August 05, 2006

Black Men Acting Strangely, Are they on PCP?

Lee Deante Brown.
Terry Rabb.

Two Black men, both acting strangely in two separate incidents six months apart. Both died during or after encounters with Riverside Police Department officers. Both cases under investigation by both the Riverside Police Department and the Community Police Review Commission.

One might have been mentally ill. The other was certainly physically ill. In both cases, there would be allegations that these two men either were under the influence of PCP or that officers had believed that this could be true.

On April 3, Brown was shot and killed by a Riverside Police Department officer.
Three months after his death, his family filed a wrongful death claim against the city of Riverside.

"We think the system broke down on several levels," said Brian Dunn, a Los Angeles-based lawyer who is representing Brown's family. "I have not heard anything that suggested to me that he had to be shot out there."

In fact, not much has been said about the shooting at all by the police department since it briefed the CPRC on the events leading up to and including Brown's death. What's known is that officers were called to respond to reports that Brown was walking down the street, shouting and engaging in strange behavior including lying down in the street and exposing himself to other people. The department's briefing before the CPRC provided the following narrative of the shooting.

Officer Michael Paul Stucker was monitoring his radio and drove his squad car to the Welcome Inn, at the corner of Ottawa and University Avenue. When Stucker arrived, Brown was sitting in a corner of the parking lot, near several motel rooms. Stucker got out of his vehicle and approached him after hearing from a resident that Brown might be under the influence of PCP. Stucker then issued verbal commands and when Brown did not comply, he shocked him with his department issued taser. Officer Terry Ellefson, who had SWAT training, then arrived and assisted Stucker, after telling him not to tase Brown because Ellefson was standing too close to him. Ellefson then tried to handcuff Brown and was able to place the handcuffs on one arm. Brown continued to struggle and he and the two officers moved closer to the middle of the parking lot. Ellefson tased Brown and Stucker hit him several times in the legs with the baton. After he had tased Brown, Ellefson then fired two shots at Brown from his service weapon because he alleged that Brown had grabbed his taser and he was in fear for his safety. Brown fell on the ground and later died from gunshot wounds to the chest after being transported to a local hospital.

No civilian witness who was in the vicinity reported seeing anything in Brown's hand when Ellefson shot him. One recent report came from a woman who was ironically, a mental health expert. She had been driving down University Avenue when the shooting took place. She saw Brown fall to the ground, and like other civilian witnesses, did not see anything in his hands.

Pretty quickly, it became evident that more than one individual's safety might have been endangered that day, before Ellefson fired his gun.

It turned out that Brown was not the only individual who apparently had been shocked by Ellefson's taser. Stucker also had been struck by a taser dart in his hand around the time Ellefson used his taser on Brown. As a result, he briefly lost control of his hand and arm after tens of thousands of volts of electricity ran through his body. An officer who loses his ability to control himself due to being shocked by a taser is thus placed in a dangerous and vulnerable position. He would not be able to defend himself in an altercation and thus could potentially be in fear for his safety, correct?

After all, that's the same argument that was used by the department to explain why Ellefson resorted to using lethal force against Brown. The department stated that if Brown had gained control of Ellefson's taser, then he could have used it against Ellefson, thus potentially incapacitating him and placing his life in danger. Ironically, it might have been Ellefson himself that demonstrated that scenario on his own partner.

Initially, a department representative had said that it was not clear which officer's taser was the source of the dart that had struck Stucker in the hand. However, Stucker had used his taser in the initial few minutes of his encounter with Brown and it is unlikely that he shot himself with his own taser. That only leaves one taser present at the scene that could have been responsible, which would have been Ellefson's, with one dart hitting Stucker and the other dart apparently striking Brown.

At the time Stucker was allegedly hit by one of the darts from Ellefson's taser, he was standing in close proximity to Brown, trying to grab the loose handcuff fastened to one of Brown's arms, according to the department's own version of events. Ellefson fired his taser anyway, despite having warned Stucker earlier not to fire his taser at Brown until Ellefson removed the darts from a prior usage. Ellefson likely said this because he was standing in such close proximity to Brown at the time and recognized the potential danger of that situation. Perhaps this had been part of the training he had received at some point on taser usage. It is not clear that either Stucker or Ellefson were standing at an appropriate safe distance when discharging their tasers from the information provided thus far by the police department. Witnesses said that both officers were fairly close to Brown at all times during the incident including when the tasers were discharged.

The departmental representative who provided the briefing to the CPRC never actually said that Stucker had been struck by "friendly fire" but mentioned that at some point, Stucker had felt an intense electrical shock running through his body and that there was a taser dart fastened to one of his hands. There was no explanation as to how the taser dart became attached to an officer who was not its intended target. The department representative initially attributed the electric shock felt by Stucker to Brown had grabbing his arm while he was being tased by Ellefson, during that same briefing. However, it was fairly clear to anyone who listened to the briefing what had really happened. If you feel an electric shock passing through your body and you have a taser dart sticking to any part of your body, then you probably have been tased, whether it was intentional or not.

Toxicology issues also reared their heads, with the issue of PCP intoxication in the case of Brown.

As is standard for an officer-involved death, the police department performed a toxicology screening on Brown, for alcohol and controlled substances. In this case, the test was expedited by Chief Russ Leach, a fact he relayed at a community meeting that took place two days after the shooting.

The department ran its screenings on Brown, but remain mum about the results, even though departmental representatives had brought up PCP intoxication at several community meetings as a possible reason for Brown's erratic behavior. Most likely, this conclusion had been drawn because Brown had been arrested by police officers for being under the influence of a controlled substance several days before his fatal shooting. In fact, one unidentified correspondent here claimed that it had taken seven RPD officers to get Brown inside the squad car. On the day of the shooting, one of the witnesses had allegedly told Stucker that Brown might be under the influence of PCP. Stucker's reaction to that news was to approach Brown and issue verbal commands, without waiting for any backup assistance. This, despite oft-repeated stories about individuals on PCP displaying super human strength and being nearly impervious to pain or other external stimuli. However, PCP usage has decreased markedly since the 1980s so maybe that has impacted the training the newer officers have received on apprehending individuals on PCP. At the time Stucker approached him, Brown was on the ground, behaving fairly quietly.

Despite the initial attention given to PCP, the issue of mental illness soon entered into the discussions of the shooting as well, beginning on the day that it took place. Concerned city residents and community leaders wondered out loud if it was time for the department to examine how its officers were interfacing with the mentally ill population which has grown tremendously thanks to policies and procedures put into place for deinstitutionalization of the facilities provided for the mentally ill by former President Ronald Reagan. At least, one out of every nine hospital beds is being used by a patient suffering from schizophrenia, one of several different mental illnesses and about 1/3 of the homeless population suffers from a mental illness. Increasingly, police officers are placed in the position of being the primary responders in terms of interacting with the mentally ill population.

Some of these community leaders including those with backgrounds in mental health issues took their concerns to several community forums that were held to address the shooting soon after it happened. The response from the police department's management appeared to be cautiously receptive. If the department's leadership is intelligent and visionary, then it has already taken the initial steps needed to address this serious issue that will only increase in importance over time.

However, some of the unidentified correspondents here were not buying that mental illness of any kind played a role in the Brown shooting. Last April, one "Anonymous" stated:

"Did a little more, Mary, and I'm sure you'll find out what Mr. Brown's real legacy will be - and it has nothing to do with mental illness awareness."

Correspondent "Asti Spamanti" put in his two cents on the issue of mental illness and law enforcement response as well. In prior statements, "Asti Spamanti" had identified himself as a RPD officer.

"Now as for the mentally ill, can you define that please? Does the mentally ill include those that put illegal substances into their bodies like PCP and rock cocaine-sorry Sandalou, I know you get a little peeved when people start making fun of those who use rock cocaine---Mary, I hearby proclaim that all mentally ill people should be allowed to do whatever they want including imposing threats against cops because they are mentally ill!!!!"

Disturbingly, race entered into the fray.

During the past eight months, unidentified correspondents including "Asti Spamanti", "Starksy" and others had made numerous comments about the relationship between African-Americans and illegal drug use especially crack or rock cocaine. Some unidentified individuals went further and appropriated stereotypes in their comments.

"RPD does a good job. They took the crack right out of my ass and put me in jail. Now, I'm an upstanding citizen. Mary...leave those RPD guys alone. Come see me on the corner of Douglas/University and i'll take care of your underlying problem. You need some dick.....

Sincerly Huggy Bear"

They also fabricated quotes and attributed them to famous African-Americans involving drug use to *prove* their points.

"He who smoketh the fattest rock will get the biggest high."---Rick James...

Then there are the numerous comments made by unidentified individuals about how Hispanics were "gangsters", African-Americans were "drug addicts or dealers" and the crime victims unless they were White, did not have any racial identity at all.

"Starsky"'s statement that he provided last December provided this portrait of how these individuals viewed society in a succinct fashion.

"Afterall, with all of the time spent trying to rehabilitate our youth (particularly on the East side) and all of the stipulations and politics that have created a reactive police force instead of a pro-active one, there are still a number of black males with big afros selling rock cocaine and pimpin hookers; and there are still Hispanic gangters claiming turf and shooting innocent citizens; and there are still a large number of blacks pointing guns at the faces of innocent shop owners and employees and tying them up and taking things that don't belong to them while devestating these inncocent victims for life. Yup, the more things change,the more they stay the same!!!"

"Starsky" clearly is correct in that there are indeed Hispanics in gangs and African-Americans committing crimes. However, no where in his comments does "Starsky"(or any of the other commentators, for that matter) ever talk about African-Americans in any other context besides that of being criminals. These attitudes regarding African-Americans even extended to discussion of several officers employed by the RPD. Roger "Charlie 211" Sutton and the two Black officers involved in the 1997 Lake Evans incident appeared to represent the epitome of Black officers in the RPD to several of these unidentified correspondents.

Equally apparent is how "Starsky" and others view victims of crimes as being without race. None of these commentators ever depict African-Americans or Hispanics as being crime victims, even when discussing crime in communities where members of these two racial groups make up the vast majority of the crime victims. The "innocent shop victims" and the "vendors" are not assigned racial identities, like those who victimize them are so readily in comments made here. The 10-year-old boy who was shot last Christmas also does not have a racial identity, even though he was Hispanic, although his suspected killers did.

If these individuals are indeed police officers like they have claimed to be, then how they view both perpetrators and victims along racial lines can affect how they deal with not only individuals comprising both groups, but individuals who belong to different racial groups. If an African-American man can be so readily labeled as a drug dealer or crack cocaine addict but can not just as easily be referred to as a victim or at least a person in need of assistance, how is that going to impact how an African-American man is viewed by police officers if he is suffering from a physical or mental illness that manifests itself in ways that makes him appear "crazy" or "hostile"?

After all, the fatal shooting of Tyisha Miller in 1998 originated as a 911 call for emergency medical assistance and ended with 12 bullets in her body and many more passing through her vehicle.

How many officers would look at a Black man experiencing symptoms similar to those shown by Brown or Rabb and think that he might be under the influence of an illegal drug? How many of them would still think this even after informed that he was suffering from a medical condition or a mental illness?

In November 2004, police officers fired dozens of rounds of less lethal munitions at a Black man suffering from mental illness who was trespassing on someone's roof. Fire fighters sprayed the man with their fire hoses, adding to his injuries. A version of this incident was related on this blog last November by an unidentified individual who called himself "Starsky" and claimed to be a RPD officer. Perhaps, if that incident had not been complicated by its own investigation and what it apparently uncovered, it could have been the watershed incident in terms of addressing the issue of mental illness. Unfortunately, for Rabb and Brown that would have to wait.

However, "Asti Spamanti"'s concerns about African-Americans and their drugs of choice became moot because it's still not clear whether or not Brown was even under the influence of PCP when he was shot. The police department is not making any claims either way while it conducts its own criminal investigation as well as its administrative review of that investigation. Likely, any toxicological test results(probably negative for PCP) will first be made public when the CPRC receives its briefing from its own investigator on the shooting in the upcoming months.

Unfortunately, that will make it appear as if the CPRC is detailing the facts and the department is keeping them under wraps. This is due in large part to the fact that after the department appears before the CPRC and gives the initial briefing on an officer-involved death, it closes its mouth on the matter in terms of public disclosure. In the past, it has stated that state law and the police officers' bill of rights require it to be circumspect about its inhouse investigations including officer involved deaths.

There has also been silence from the department in the public arena on whether or not it plans to implement a program geared towards dealing with individuals who are mentally ill or medically incapacitated. Some community leaders had expressed hopes that the department would adopt a program similar to DMH/SMART in Los Angeles or the renowned Memphis Police Department's program.

Southern California LE agencies' mental illness intervention programs

Memphis Police Department's CIT program

Several fatal incidents involving RPD officers and civilians in recent years have had either mental or medical conditions involved as contributory factors in terms of the behavior they exhibited that officers said left them with no alternative but to shoot them.

In November 2005, Todd Argow, a White man and a former city manager who suffered from depression, was shot and killed by Officer Terry Ellefson after he came outside of his house with an unloaded shotgun. Earlier, Argow had told one of his neighbors during a phone call that he had planned to commit "suicide by cop". The shooting was found to be in policy by the police department, a finding which will most likely be seconded by the CPRC in the next several weeks.

Mental illnesses like depression can greatly impact behavior. So can other types of medical conditions, which was apparent when examining the events leading up to the incustody death of Rabb.

Currently, the CPRC is drafting its public report for the incustody death involving Rabb. Its investigator Butch Warnberg presented his findings to the commission last week.

In October 2005, Rabb, who was a diabetic, died at a local hospital soon after he allegedly struggled with police officers who were called to assist paramedics in dealing with a "hostile" man. According to a briefing given by the police department on this incident, Rabb had been exhibiting symptoms of a diabetic episode throughout that day, culminating in the incident that led to his contact with both law enforcement and medical personnel.

Fire fighters onscene said that Rabb appeared to be in an "altered" state. They recognized his symptoms as being similar to what is seen in diabetics suffering from severe hypoglycemia, based on their statements to the CPRC's investigators. Hypoglycemic attacks can affect various bodily organs including the brain where it induces a mental state known as "hypoglycemic unawareness". Non-epileptic seizures and convulsions which can lead to unconsciousness may also occur with a severe hypoglycemic attack. Other symptoms include tremors, irritability, impaired judgment, anxiety, glassy looks, combativeness and slurred speech, all of which were exhibited by Rabb.

However, according to several witnesses, Officer Camillo Bonome made statements that indicated that he had a different theory that explained Rabb's behavior. Cathy Jones said in her interview with Warnberg that Bonome had said that he thought Rabb was on some sort of illegal drug, either crack cocaine or PCP. Hearing him say these words made her very angry with him, Jones admitted. Warnberg stated in his report that if these allegations were true, then it could have escalated the situation.

"If such statements were indeed made, they would have only served to inflame and disrupt an already chaotic scene and would have been a tactical error," Warnberg stated.

Rabb had exhibited signs that were similar to those exhibited by a person under the influence of a stimulant. However, in this particular situation, family members had informed the 911 dispatcher about Rabb's extensive medical problems, as related on the incident's CAD sheet. Fire fighters were able to identify the signs of severe hypoglycemia and were acting accordingly. Warnberg stated in his report that it appeared that the officers did not recognize Rabb's behavior as being indicative of any medical condition. In fact, he believed that the opposite might have occurred. That they may have believed that he was manifesting symptoms that were not related to any medical illness. If this is true, then it might have impacted how both officers acted in the situation. To them, was Rabb a seriously ill man or a relatively healthy drug addict?

That question is one that needed to be answered. The only problem is that apparently it was not even asked because these alleged statements made by Bonome apparently went uninvestigated.
Warnberg stated that there was no evidence whether the alleged statements were actually made by Bonome or not. What he was able to conclude is that the alleged statements were not investigated by the police department's homicide investigators assigned to the Rabb case. Even though in these cases the officers are often the last parties to be interviewed, it appeared that the detectives never asked either Bonome or Officer John Garcia about allegations that these statements had been heard by several witnesses. They never allowed them the opportunity to admit or deny making these statements, instead leaving the issue open to question. A situation which simply raises more questions.

Because the officers were dispatched to the call, current RPD policy did not require them to activate their department-issued digital audio recorders and it is not clear whether or not either officer did. The fire fighters said in their statements that they were too busy tending to Rabb to have overheard any conversations between the police officers and civilian witnesses.

Bonome did turn on his digital audio recorder after Rabb had gone into cardiac arrest, according to statement he gave to investigators. This information was provided in Warnberg's report. The reason Bonome gave for doing so was because he believed that the civilians present were upset about the incident and he wanted to protect himself from false allegations. About his use of force, Bonome stated that he and Garcia had shown a "tremendous amount of restraint" in the midst of Rabb's actions and threats, according to Warnberg's report.

The police investigators did ask both police officers about another allegation made by three civilian witnesses that one of them had hit Rabb in the face or neck with a closed fist while attempting to perform the carotid restraint. Bonome said he did not do it. Garcia said he had not done it either and that he had not seen Bonome do it, although he admitted that at one point in the altercation, he had been too busy handcuffing Rabb to see what Bonome was doing. Fire fighter Patrick Hopkins said he did not see either officer hit Rabb. At one point, Hopkins was assisting the officers in handcuffing Rabb by holding one of his arms steady, according to his interview with the CPRC's investigators.

The autopsy report for Rabb stated that there did not appear to be any bruising on his face consistent with a strike to it nor were there any obvious bruiseds or marks on his neck indicating that the cartoid restraint had been used.

According to an autopsy report submitted by the Riverside County Sheriff's/Coroner's Department, Rabb died of heart disease complicated by his diabetes and related kidney problems. Warnberg stated that Rabb's death was by cardiac arrest following his restraint by the police officer. His toxicology tests were negative for both crack and PCP, showing only the presence of THC, an ingredient found in marijuana.

Two members of Rabb's family filed claims with the city of Riverside alleging that excessive force was used against Rabb by members of both the RPD and the fire department. Claims filed in the cases of Brown and Rabb join at least one law suit filed last year involving the 2004 shooting death of Summer Lane.

The city routinely denies claims, which are often precursors to civil law suits.

Family Files Claim in Officer-Involved Shooting Death
Family files claims in Terry Rabb OID

Friday, July 07, 2006

State of the Unions

As the new fiscal year has begun for the city of Riverside, so continues one of its most contentious showdowns between the various bargaining units of city employees and city management.

The SEIU, which represents a large proportion of city employees in many different departments has been shut out of its own negotiation talks at least once since it started. The reason given by the office of City Manager Brad Hudson was that that unit's negotiators had brought two individuals with them to sit in on the talks. Hundreds of members of the SEIU led by their leader, Gregory Hagans appeared at city council meetings to protest this unfair treatment.

The city of Riverside is not the county, they told former Riverside County employee Brad Hudson, who as usual was chatting with City Attorney Gregory Priamos, with the microphones off. It is doubtful that he heard them.

Both the RPOA and the administrators' association have also been negotiating for salary hikes, but it is not clear what if any raises lie at the end of the arduous process that takes place usually once every two years.

If you want good, ethical professionals to become and remain police officers in this department, then they must be paid well. You do get what you pay for, in this area. A better adage might be, pay now or pay out a much greater sum later. Hopefully, the city management will remember this, each time it sits at the table. After all, as Hudson and others have said, the city is flush with money at this time. The city leadership had created 25 new police officer positions last year, and promised to repeat that performance this year.

One anonymous correspondent here predicted that the city would offer the police officers a huge pay raise to stem off the alleged flow of younger officers leaving the police department.

"city hall doesnt understand why so many officers want to leave and department heads are hoping that a hefty pay increase in July will stop the bleeding and stop young officers from leaving."

This was based on the statistic they offered up that eight officers had left the department to head off to greener pastures during a fairly short period. However, seven officers including six from the beleaguered Rialto Police Department have lateraled out of that agency and took positions in this department.

At the RPD's job fair held at Bordwell Park, Capt. Pete Esquival who heads the Personnel and Training Division appeared to send a different message. He said that Chief Russ Leach had ordered him to reduce the department's vacancy rate to zero, by the end of June. By mid-June, that was close to being done, he said. While he spoke, over 150 applicants including 30 women were inside the Stratton Center taking their first steps down the road of becoming RPD officers. Most will not make it and of those that do, Esquival said they will be placed on an eligibility list until positions open up.

Of course, there is a difference between recruiting officers and retaining them, and paying them well is one way to improve retention. However, if serious problems exist, it can never be a solution. You can not throw money at a problem and make it go away. Any problems that exist must be identified and addressed, before they take root and become crises. Too often, in Riverside's case, that had not been done.

In the meantime, various factions of the police department were busy at work trying to plump up the carrot needed to attract qualified applicants, which is the hopes of receiving a healthy pay check and good benefits including pensions.

Heading the negotiation efforts for the majority of the RPD's officers was its bargaining unit from the RPOA, which came fresh off its biennial elections with brand new leadership. The elections appeared to have been a contentious process, according to an earlier conversation that took place on this blog last October.

One unidentified individual started it off by expressing his displeasure with the then-current administration. He apparently believed that it was time for a change at the helm. Pat McCarthy was the current president at that time and had been for nearly four years. He had taken over the presidency from former Sgt. Jay Theuer as an officer and as is customary, was eventually promoted to sergeant. David Martin was apparently one of his challengers for the top spot.
Perhaps, this individual believed that this blog was as good place as any to put out a campaign pitch for his favorite candidate.

"Pat McCarthy is a company man with the company plan..Worthless...Dave Martin For RPOA President."

Another unidentified individual took serious objection to this criticism and responded back with the following harsh words.

Dave Martin is a disgruntled Long Beach PD washout who thinks all things are wrong....Pat McCarthy for Re-election!

Well, one member of the David Martin camp was not going to take this slam against their candidate sitting down so they responded in kind.

Why would we re-elect Pat? He has let the Admin walk all over us so he could get his Sgt Stripes. He continues to let them walk over us because he is on Sgt probation. Pat...you got what you wanted. Now let someone who really cares about troop wellfare, not his golf handycap step in and fix all this BS. Pat...what have you done as RPOA Pres? You'll say "I got you two raises"...BFD...You suck Pat.DAVE MARTIN for RPOA Pres...He's the only choice..Tut wants to be a Sgt too.

This would not be the last comment we would read from this particular unidentified individual. He did not elaborate what he meant by "BS". That would have to wait for another day.

"Tut" by the way, was Det. Kent Tutwiler, who wound up winning the election when the votes were tallied. He promised in a Press Enterprise article published after the election that he would not try to be promoted to sergeant while he was in office. So far he has kept his promise, serving on a board which has seen a lot of officers promoted while on it especially in the first couple of years after the city entered into its consent decree with the State Attorney General's office. If McCarthy had gotten promoted while he served on the RPOA board, he was hardly the first one to have been so, yet his promotion apparently brought on some criticism by at least one individual. Tutwiler's promise to his charges seemed to reflect that the issue may have been a bone of contention during the process.

Tutwiler also promised to concentrate on issues pertaining to increasing officer position, salary negotiations and officer safety. He reactivated the Safety subcommittee, currently helmed by Officer Richard Aceves and even met with the CPRC director, Pedro Payne. But still there were hearts, minds and an election to win.

Clearly, the groundwork had been laid out for the upcoming election, in that the lines had been drawn between individuals who were dissatisfied with the current leadership and others who believed that the status quo was the way to go. Somehow, both perspectives managed to find their way here, though those who were dissatisfied would soon dominate. Perhaps that was because in the real world, they could not get their message out. Perhaps they felt shut off from both the RPOA leadership and department management.

One unidentified individual who called himself "A Lighter Shade of Brown" lamented over this in a comment made last autumn, while expressing his concern over an officer who he alleged was a bank robber called "Charles 211".

"As for officers going to the union or complaining to the admin, it usually does not work and that's probably why it did not happen (can't say for sure but just a guess). "

Issues arose including whether or not it was a conflict of interest to be promoted by departmental management while at the helm of the RPOA. McCarthy's promotion had clearly created a reaction of some form and galvanized a response. Did it cost him the election, or was it simply that there was a growing faction in the RPOA that was becoming more resistant to pressures put upon it by a management that had itself felt pressure from an outside agency for the past five years?

Perhaps, the newer officers, in a department that had turned over approximately 80% of its rank and file were making their presence known. Even wrestling two pay raises out of the city's management during more economically difficult times did not ensure a longer tenure at the helm for the current president. The newer officers hold the bulk of the votes unless apathy towards the process muted their participation, a state which would mirror that of the nation's voting population.

From the outside, some individuals look at the RPOA as a mixture of the most militant politically-motivated officers in the department and with some boards, that has clearly been apparent. But if this true, then it is not much different from the politics that have shaped other employment unions. Ultimately, it is the members that shape their union's leadership through the votes they cast in its elections and through the meetings they attend or the committees they participate on. They alone can extend the period of their leadership's tenure or hand it a pink slip and send it packing.

After the dust from the election had settled, police officers both representing the RPOA's leadership and the department's management congregated at City Hall to support Leach who was there, awaiting a vote which would determine whether or not he would be given a five-year contract to continue as head of the department. An interesting development considering it had been placed on the consent calendar and unless pulled, would not be discussed or voted upon separately. The consent calendar was approved en masse without fanfare by the city council, and the chief's contract remained on that list. A huge sigh of relief appeared to fill the chambers after the vote took place, as if there had been any doubt.

Whether that action was taken in anticipation of the upcoming dissolution of the marriage of convenience between the city of Riverside and the State Attorney General's office was a topic of speculation. After all, the RPD had gone through its fair share of police chiefs during the past decade or so. At least three were sent packing by the RPOA, after relatively short stints. Leach has served as chief almost six years, with five of them spent in a police department that was under the thumb of the State Attorney General's office. But, that tether was set to be untied on March 6, 2006 and the department would be heading off into the great unknown.

Still on that road, there are those who remain critical of the department, including several unidentified individuals who posted here like "Kevin, RPD".

"People in our department who voice there opinions, or speak out against incompetent administration suffer professionally...You want to talk about oppression?"

And "Asti Spamanti", who appeared to be pondering his future options in a department where although White male officers remain its majority, they have become victims of racism and sexism within the ranks in his opinion.

"They have created an atmosphere where it's every man for himself. No entity practices racism and discrimination more than the highest members of management in the department-fortunately for the public, you don't have to worry because it's not against you-it's against their own officers. But, hey, we make a lot of money. It's no longer about saving lives and protecting the public, it's about promoting to the next level at all costs. "

Yet, it is not clear how many officers in the department share these same sentiments. It is not clear on which road this department will travel as it implements its court-mandated Strategic Plan. The history can either be learned from, or it will be repeated until its lessons take root.

Monday, June 19, 2006

Drops in the Bucket

As the mercury hit over 100 degrees several weeks ago, there were no rain drops in sight. There were however, drops in the bucket.

On May 31, Presiding Judge Richard Fields dismissed murder charges against two defendants standing trial for the 2002 fatal shooting of Black teenager, Anthony Sweat and ordered them to be released from custody. Riverside County District Attorney's Office prosecutor, John Molloy asked for the dismissal after he had turned over new discovery to the men's defense attorneys.

This discovery allegedly pertained to DNA tests that were taken on evidence obtained from clothing discarded with a gun near the crime scene. According to their attorneys, the two defendants tested negative and Molloy presented this exculpatory evidence to the defense attorneys, before asking that the charges be dismissed. Molloy said that the charges may be refiled against the defendants later on or that the investigation may be headed in a different direction altogether.
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The city met recently in closed session to receive legal advice from the City Attorney's office on its appeal of the reinstatement of former Det. Al Kennedy.

Kennedy was fired by Chief Russ Leach in 2001 after an internal investigation revealed that he had sexual relations with an alleged rape victim from a case under his investigation. Initially, a divisional captain recommended that he be served with a written reprimand for his misconduct. Former Deputy Chief Audrey Wilson then recommended that he receive a brief suspension, according to court documents.

Former Lt. Jay Theuer in a scathing memo, had blamed Kennedy's transgressions on staffing problems in the department's Sexual Assault and Child Abuse Division, according to court records.

Kennedy appealed his suspension in arbitration and it was overturned, although he was not awarded any back pay for the three years that had passed since his termination. That action left all involved parties scratching their heads and heading off to court. The city quickly appealed the arbitrator's finding in Riverside County Superior Court. The Court, as it usually does, upheld the arbitrator's decision, so the city appealed that ruling in the Court of Appeals last year.

The city council also voted in closed session to appeal the reinstatement of former officer Vince Thomas who was fired for allegedly molesting a teenaged girl who lived in his household. In its appeal, the city argued that the arbitrator had applied a standard of guilt used in criminal trials to an administrative proceeding.

The San Bernardino County District Attorney's office declined to continue its prosecution of Thomas after two trials resulted in hung juries.

Because in many cases, the courts back the arbitrator's decision, it is very likely that these cases will ultimately return back to the city council for final disposition, meaning that either the officers will be reinstated to the department or more likely, provided with financial incentives in the form of retirements to go away.
-----------------------------------------------------------------------

No ruling has been issued thus far in the city's appeal against the $1.64 million jury verdict awarded to Officer Roger Sutton in his racial discrimination, harassment and retaliation law suit.

Last year, a jury had determined that Sutton had been racially discriminated against when he was removed from the department's canine unit after his dog accidentally bit a former police officer. Jury members apparently accepted the argument that Sutton had received disparate treatment in the form of discipline than White officers in the unit had received when their dogs were involved in accidental bites. A half-dozen White canine officers, past and present, had testified at trial about losing control of their dogs and having them either run off or bite other individuals nearby. In their cases, the department treated them as "training issues" rather than as a disciplinary one.

One example cited by Sutton's attorneys was that involving then-Officer Tim Bacon whose dog was involved in an incident that led to the retirement of another officer and severe injuries to himself. Bacon did not receive any discipline for his incident according to trial testimony, has been promoted twice since and currently serves as a lieutenant.

An (as always) unidentified correspondent here had this to say in response, on an earlier thread about the Sutton case:

"In case you haven't heard Lt. Bacon is the departments biggest buffon and Roger Sutton is still one of the worst officers they have."

The jury also decided that Sutton had faced harassment and retaliation after he had sought an examination and redress of his grievances from the police department. The city quickly appealed the jury's decision by filing a motion for a new trial, which Judge Joan Burgess nipped in the bud last January. The city then filed a motion of appeal at the Court of Appeals where it awaits a decision. Although Sutton's case was filed at about the same time as the reverse race and gender discrimination claims filed by a group of White male sergeants, his case still remains unresolved over three years after the other case was settled by the city.

Before the case went to trial, an arbitrator had awarded Sutton $200,000, but the city quickly decided to appeal that. In retrospect, that award might have been a bargain in comparison to the money spent on the proceedings from that date forward.
---------------------------------------------------------------

The police department held a job fair at Bordwell Park in the Eastside this Saturday, June 17. Candidates interested in applying as officers, cadets, crossing guards or dispatchers were encouraged to attend. Hopefully, the fair will have proven to be a success especially if it is indeed true, as at least one unidentified correspondent stated, that there is an exodus of younger officers fleeing from the police department. However, representatives from the police department said that 150 candidates had shown up to take the written exam, with about 20% being women. Since all the department's sworn positions had been filled, those who are qualified to be hired will most likely be placed on an eligibility list.

Tuesday, May 23, 2006

Is the CPRC facing fallout from Summer Lane?

The Community Police Review Commission played to an audience of city residents several weeks ago, but a ghost of two Decembers past dominated the conversation without ever saying a word.


That ghost was Summer Lane, a woman shot and killed by Riverside Police Department officer Ryan Wilson in December 2004.


In December 2004, the police department had briefed the CPRC on the shooting and provided a preliminary narrative of the incident. That night, there was no way to anticipate the fire storm which would erupt the following year. In part that was due to inaccurate information provided at the preliminary briefing, which clashed with that provided in interdepartmental memos written by members of the Officer-Involved Shooting Team before the briefing took place.


In November 2005, the CPRC released a finding that it had found the shooting to be out of departmental policy, the first decision of this kind since the panel began investigating officer-involved deaths in 2001. After reaching that decision in closed session, the CPRC then forwarded it to City Manager Brad Hudson. Many community members believed that the decision would lie in his hands, because the police department had submitted a finding of its own, which was that the shooting was within policy.


Their belief in a process which put the two entities and their findings on equal footing, was misplaced. Hudson opted out of the decision making process altogether and handed it off to Police Chief Russ Leach for a final disposition. Leach backed his department's own finding. Through his decision not to make a decision, Hudson showed clearly just how much, or more accurately, how little importance the commission had inside City Hall.


It appeared that the commissioners who released that finding received that message clearly too.


CPRC Chair Les Davidson told members of the public that the commission's hands were tied


"We are bound by that Charter, " Davidson said, "Our feelings may be different but we have to stay within it."


The Charter, Davidson was referring to, was the city's own Constitution that was first established and ratified in 1907. In it, are the rules and regulations which govern the city's operation including its boards and commissions. Several of these bodies comprised of city residents are included in the city's Charter. In 2005, the CPRC joined this select group.


Ironically, the inclusion of the CPRC in the city's Charter was intended to liberate it. The Charter Review Committee drafted a proposed amendment which would place the CPRC safely away from any political interference by the city council. Many community members believed this step became necessary after the existence of the CPRC was challenged by city council members who opposed it and had received considerable campaign contributions from the Riverside Police Officers Association during their election campaigns. The voters echoed their concerns and passed ballot measure Measure II in every precinct in the city, during the November 2004 election. Even the city council members who had opposed the CPRC were impressed and several said that they would honor the wishes of the voters.


Once it became included in the Charter, only another ballot initiative passed by a majority of the city's voters could abolish or make substantial changes in the operation of the CPRC. Or so members of the public believed.


Now, one year later, the inclusion of the CPRC in the city's Charter was being looked at with new eyes, as just another obstacle in its path toward realizing its full potential. Although it had been once been viewed as a mechanism to preserve the once vulnerable CPRC, now it was seen as a means of restricting its powers even further.


Borrowing a line from the RPOA's infamous anti-Measure II campaign in 2004, Davidson told the other commissioners that their hands were tied. He implored members of the public to petition their elected officials including Mayor Ron Loveridge and the city council to take steps to strengthen the commission.


"It's not that we don't want to do the job," Davidson said, "We can't do the job."


As usual, Commissioner James Ward did not mince words.


"The more I sit on this Commission," Ward said, "The more I'm convinced the city has been sold a bag of goods."


Ward said that the city government was micro managing the CPRC and that through the Lane decision it had shown that the CPRC's role was intended to be solely advisory. He added that not much had changed inside City Hall since the shooting of Tyisha Miller in 1998.


At the beginning of the meeting, Davidson said that he had placed the item on the meeting agenda after he and Vice-Chair Ward met with Leach, Hudson and City Attorney Gregory Priamos. They had discussed key issues but there was not total agreement among all involved parties.


About 20 people attended the CPRC meeting on April 27 and listened to commissioners expressing their frustrations at the apparent limitations of their powers, before walking up to the podium and adding a few of their own.


Rudy Morales, a former member of the Human Relations Commission, took the body to task.


"Get off the chair and do it yourself," he said.


Morales added that when he had served on the HRC's Law Enforcement Policy Advisory Committee years ago, there had been similar problems. But commissioners were in a much better position to push for changes than members of the public.


"Listening to what I heard today, it doesn't sound like we've made much strides, " Morales said.


Morales' words were echoed by other concerned city residents who attended the meeting including other people who had sat on LEPAC before the committee was disbanded in 2000 to make way for the CPRC. Even its prior members had publicly defined LEPAC as a toothless tiger. Was the CPRC ultimately going to follow down its predecessor's path?


The crux of this latest concern centers around the issue of the CPRC's right to investigate officer-involved deaths. According to its own bylaws, the CPRC has the power and right to do the following:


Review and investigate the death of any individual arising out of or in connection with actions of a sworn police officer, regardless of whether a complaint regarding such death has been filed.


This power grew out of a ground swelling of concern that arose from the shooting of Tyisha Miller in 1998. It is no accident that the bylaws, the ordinance which created the CPRC and the charter that gave it a future all state that the CPRC is to investigate in custody deaths. One of the legacies of the Miller incident was how little faith and trust many community members particularly African-Americans had in the ability of a law enforcement agency to investigate its own officers' alleged misconduct. Both the creation of the CPRC and the inclusion of this power were a response to this concern.


"Asti Spamanti", who claimed to be a RPD officer, said the following before storming off.


"Oh, I've got an answer for you. How about this---"Mr. Asti, I do not know when officers should use deadly force because I have not the training or experience to answer that question or make those types of decisions and therefore, I probably should not be condemning these officers for making a decision that people like me, Sandalou, and others who so freuqently speak out against the police, are either afraid to do or incapabale of doing."


His or her words serve as a reminder to why people do not have faith in a police agency's ability to self-investigate. What is really being said here is that no member of the public even has the right to question the actions of any officer, let alone one who has shot and killed a person. These words have been used to refute the need for everything from state-sanctioned oversight of the police department to the creation of the CPRC. These words are still being said today, seven years after the shooting of Miller.


One problem is, that these words also extend to other employees in the police department including its management. To be reminded of this, one needs only to look at what happened during the only known RPD shooting to be determined to be out of policy in its recent history. After the police department decided that the four officers who shot and killed Miller had violated departmental policies, the decision was made by then Chief Jerry Carroll to fire them and their supervisor.


So what happened to Carroll soon after that fateful decision? His fate and his future was essentially decided on the date he made the decision to fire them. Most likely, he even knew it at the time.


The vote to oust him was not one cast by paper ballots, but by razor. Hundreds of razors taken to hundreds of heads, removing every vestige of human hair, as if by doing so, they could exorcise the chief who had betrayed the rank and file with his decision to fire five of its members. Carroll had fired five of their group's members so they were going to fire him in response. That was his first strike against him.


Carroll's "retirement" did not become official until early 2000 amidst a firestorm that erupted after his decision to promote two men of color and a White woman to the position of lieutenant. This action elicited howls of reverse discrimination against White male police officers. He had just committed his second strike.


The city soothed the howls of reverse discrimination by trying to reverse Carroll's promotions with as much vigor as they would later fight against a claim of racial discrimination, harassment and retaliation filed by a Black male officer. Carroll soon accepted a retirement and left the department.


If the tenure of a police chief in the RPD could not survive a decision to fire four officers involved in a shooting determined to be in violation of departmental policy, then it should surprise no one that if a panel of civilians come out with a similar decision on another shooting, its decision would also elicit an angry and passionate response by the same parties.


Given the predicable outcomes of the situation involving the split findings on the Lane shooting, was such a response by those parties even necessary?


The fallout from the Lane shooting is apparent, as the recent pleas by the CPRC's commissioners for the public to appeal to its elected government to strengthen the body's powers have shown. Unfortunately, given the current political climate at City Hall, this is not likely to happen any time soon.


With the already controversial shooting of Lee Deante Brown on the horizon, these questions will again be asked and answered and these concerns will once again be raised by commissioners and members of the public alike.

Monday, May 08, 2006

Will What Goes Up, Come Down?

In the April 22 edition of the Press Enterprise, ran an article asking why the number of citizen complaints received by the Community Police Review Commission had increased 42% in 2005. During 2004, the CPRC had received only 90 complaints, compared to 128 in 2005.


Commission members including former chair, Michael Gardner appeared mystified as to why the CPRC received the highest number of complaints in a single year, since 2002.


One possible reason mentioned by some individuals is that the CPRC had increased its public outreach in 2005, in terms of educating city residents on its roles, responsibilities and most of all, its existence. That makes some sense, because that might indicate that a bigger pool of potential complainants might have been tapped into by the extended outreach.


Gardner appeared to reject that contention in the news article.


"The outreach effort is not intended to fish for complaints," he said.


Okay, that might not have been its intent but that might be its result.


Another possible factor could have been the increased publicity the CPRC received in 2004 which resulted from the passage of Measure II. This measure was created by members of the Charter Review Committee to place the beleaguered commission in the city's charter safely out of the reach of city council members financially backed by the Riverside Police Officers Association's Political Action Committee. In November 2004, 60% of the city's voters spoke loudly and passed Measure II in every precinct in every ward in the city. After that, the city council members backed off and pledged to support it as long as it existed in order to respect the wishes of their voting constituents.


These two explanations are possibilities. There is also another that no one seems eager to suggest, at least not out loud.


That possible explanation to offer up is that allegations of misconduct increased for 2005, because there are continued problems in a police department that has struggled to recreate itself since the shooting of Tyisha Miller in 1998. The fact that sustain rates at least on the CPRC side have increased as well suggests that the department continues to struggle with issues. It will become more apparent if this is indeed the cause if the trend continues in 2006 and beyond. If it does not, then this past year may have been an aberration


The new RPD is a much younger work force with an average age of 24 and three years of experience. Even the sergeants who supervise these officers skew on the young side, due largely to retirements at this level and higher in the past year or so, according to department representatives. Less experienced officers may be more likely to make mistakes involving policies. It is critical that they are properly supervised by experienced sergeants out in the field. It is also important that the department's field training officers are experienced and teach them the new way to do business rather than relying on old patterns.


The racial trends involving those who file complaints continues as it has in past years.


Over 20% of complaints were filed by African-Americans, which is over twice their representation in the city's population. Latino complainants filed 23% of all complaints, Whites, 30 % and Asian-Americans, less than 1%. About 23% of all complaints were filed by people of unknown ethnicity.


An area that continues to concern community members involves the use of excessive force. After all, that is one of the main issues that brought the commission into existence.


The CPRC received 20 allegations of excessive force, a number also nearly double that received in previous years. None of these allegations were sustained, but seven of them received a "not sustained" finding which is assigned when there is not enough evidence presented to make a decision one way or another. It is not clear how many of these allegations were sustained or given a "not sustained" finding from the police department, because it does not circulate its own statistics to members of the public, despite provisions in PC 832.7 that allow it to do so.


The CPRC last sustained an excessive force allegation in October 2004, involving the case of a young Black man who was approached by an officer while he was in his car at Bordwell Park. Both the police department and the city manager's office decided that the allegation was unfounded.


A report submitted to the State Attorney General's office stated that there was one excessive force incident in 2005 and one in 2004, but that there were still investigations pending for incidents in 2005.


In 2005, complaints spiked up higher earlier in the year, leveled off and slightly decreased in the summer, then spiked up again in the autumn to the levels it had hit earlier in the year. This trend caught the attention of many community members off guard especially because it occurred at the tail end of the police department's five year stipulated judgment with the state attorney general's office. Still, only the CPRC commissioners publicly questioned it.


Rising up with the number of complaints was the number of those sustained by the CPRC. Without statistics from the department's Internal Affairs Division, it is unclear whether its trend in this area matched that of the CPRC.


The sustain rate for complaints hit an all-time high of 19%. That was nearly double the rate calculated for 2004, which was 10%. It had hovered between 10% and 13% the last three years.


Interestingly enough, for the first time, there were allegations of criminal conduct sustained by the CPRC. In 2005, the CPRC sustained six allegations of criminal conduct and also sustained two allegations of false reporting(if it involves falsifying a police report, that's a felony under the penal code in most jurisdictions).


The article stated that criminal allegations involving two officers who allegedly planted evidence in the same case were sustained. It is not clear whether or not the department sustained the allegations as well, but the involved officers are no longer with the police department. The Riverside County District Attorney's office declined to file criminal charges against them, which reveals very little about the veracity of the charges because they rarely file criminal charges of any kind against RPD officers.


It is also not clear whether the officers were fired, pressured to resign in lieu of termination or they simply lateraled to other agencies. It appears clear that they are longer at this department.


What is disturbing about this incident besides the obvious is whether these allegations of evidence planting would have ever come to light if a citizen possibly the victim had not filed a complaint with the CPRC. One would think that if there were officers possibly engaged in such egregious misconduct that a supervising sergeant would have caught it, or a lieutenant, or either the field operations or investigations captain. However, if that had been the case, then one of these individuals would have initiated an internal investigation of the alleged misconduct. Did this happen? Or did it take a citizen filing a complaint before something was done about a very serious situation?


More importantly, if any evidence did emerge to sustain the complaint, did the Internal Affairs Division initiate its own inquiry into prior cases these officers were involved with to ensure that there was no evidence planting or tampering in those cases? Fruit from a tainted tree would be bad enough, but perhaps they should check all of it, perhaps even check the whole orchard. Due to this state's stringent confidentiality laws pertaining to peace officers' records, these questions can never be answered, publicly, which does little to alleviate concern. Any incident of evidence planting or tampering has the potential to taint the entire department.


The answer to the above questions must only be one thing. Of course they did, immediately! Any ethical, responsible law enforcement agency would take this mandatory and precautionary step without hesitation. After all, it's one thing for one officer to plant evidence on his own which is abhorrent enough, but for two of them to apparently collude and conspire together on the same case? How did they ever find each other?


"Traffic" violations constituted two other criminal inquiries launched by the department. One of them involved an unidentified officer who was charged by another LE agency, for drinking and driving, which is a much more serious charge than true traffic violations such as running a stop sign.


There was an officer, Melissa Wagner Brazil, who was arrested and charged with drunk driving and hit and run, both misdemeanors, after she was involved in an accident in Corona in 2004. She plead guilty in February 2005 and was sentenced to several years probation and ordered to enroll in a "first time offenders" drunk driving program. Ironically, Brazil had been given an award from M.A.D.D. for her record of arresting people driving drunk.


It is not clear if she is the DUI case that was included in the 2005 caseload.


A former officer, Chris Gaspard, was arrested by the Riverside Police Department for reckless driving in 2004 and charged by the D.A.'s office for that offense as well as evading a police officer. No doubt, Gaspard has arrested and perhaps even used force against individuals who have evaded arrest in his presence on the job. He eventually plead guilty a year after he was charged to the reckless driving charge, and received one year probation and agreed not to drive with a license, a fairly light sentence.


Two other unidentified officers apparently had used a police database which tracks criminal and driving records, for their own personal use. According to many newspaper accounts, this is a nationwide problem faced by numerous LE agencies.


Top 10 Abuses of Police Databases


Police Abuse of Databases A Problem


One officer was allegedly running a search on his own name, the reason why was not disclosed by the police department, which meant the other officer was probably doing a search on someone else's name. It was not clear whether these officers also "left" the department, stayed or were terminated. Certainly, in the case of the officer looking up another person's name, termination is the only responsible action. Ethical, honest and professional officers do not commit violations involving professional databases and officers who lack these qualities display these deficiencies in other areas of the job. This could be a sign of trouble elsewhere on the job.


The department declined to pursue criminal charges in either case, deciding the incidents were not serious enough to merit them. Most likely, it was not other employees in the agency whose names were entered into a search in the police database.


Complaints against police rise

Monday, May 01, 2006

Misogyny in the RPD

I saw this posted comment on my blog one morning by a regular visitor, "B. Fife". He has made comments indicating that he is a Riverside Police Department officer in the past. This latest comment, well second to latest, is no different. Well, except the fact that he dropped the LE title from his moniker this time around.


Anonymous said...

Dear Mary,

I have seen you on your daily strolls around the east side, about five times or so the last couple of weeks. Each time I see you, you are wearing the same purple sweatshirt and blue jeans. Then I think to myself, I wonder if she wears the same pair of skid marked granny panties everyday..... Then following that thought, I throw up a little bit in my mouth.

Instead of spending so much time trying to find negative things about cops, why don't you try taking a shower and changing your clothes at least once a day!

B. Fife


Friday, April 28, 2006 6:25:30 PM


One of the scariest things about this comment, is that "B. Fife" is absolutely correct. I have been walking through the Eastside more than a few times in the past several weeks. I have been wearing blue jeans, albeit not the same pair, and on several occasions, I have been wearing not a purple sweatshirt, but a sweater. It is purple knit, buttoned-down and one of my favorites. Well, at least it used to be. Now, it's just another reminder that I am hated by officers in the Riverside Police Department, both as an individual and as a woman as well. It's just a reminder that at least one of them is watching my movements. No civilian who knew me would so interested in letting me know this and I highly doubt any civilian in the Eastside would be writing comments in defense of Riverside Police Department officers who have made such negative comments about their neighborhood here. They may defend good, hard-working officers but not those of this ilk.

Oh, and I shower once daily, twice after reading comments like this one.


I wondered at first as I always do, who he might be, civilian or law enforcement officer until I realized that here was a person who knew my name, my face, the fact that I had a blog, the blog's address and had a strong animosity towards me that has led him to post under this moniker since March 2 and probably under other nicknames even before that.



Needless to say, I will probably change my route of travel back to what it had been after I received those postings from "Kevin R.P.D." last October. A route that is frequented only rarely by Riverside Police Department officers. Why should I walk through a neighborhood and every time I see a squad car driving by wonder if it is "B. Fife" stripping me inside his head, again? That is a violation that no man can ever understand, let alone feel, but it is an intimate experience for most women, something we swap our experiences with, through stories about facing sexism in contemporary society.


It is an unfortunate reality for any woman, simply for being a woman that she will be harassed by a man simply because she is female. If she is being harassed for being an individual hated by a man, that man will use sexist behavior and imagery to express it, because she is a woman. If she is a woman of color, he will likely use racist behavior and imagery too.


In this case, it is apparently being done by public servants who were hired to protect and serve women(and men) not denigrate them. It is being done by a man who is too cowardly to even sign his own name to his words. Not even to spare other employees in the department a bit of extra scrutiny that one woman has to do in order to feel comfortable in her surroundings because of what one man has done, because this man has no face. However, not only does the internet give him the perfect hiding place, so does law enforcement through its shield laws and its blue code. Every harasser has an audience and from comments made by both "Asti" and "B. Fife", it's clear that there is probably an audience quietly watching their antics. Few people are not aware of the blue brotherhood.


I passed along the comment made by B. Fife to other women, and one word came back to me, over and over. Misogyny. How could someone put so much hate and misogyny, into so few words? In this case, the explanation could fill a book. A simpler explanation is that men engage in this behavior, because they can.


We, as women live in a society where men make the rules that both genders follow and one of the unwritten rules is that women are to be subjected to denigration by the male gender's less emotionally secure individuals on the basis of our gender. That hatred can be expressed through street harassment. It can be expressed through violent crimes, including rape and sexual assault. There is also plenty of ground left over for men who hate women to operate, in between the two extremes.


Misogyny, literally, is the hatred of women or hostility towards them. Whether it is all women, a few women or one woman. From the time we are girls, we have to learn how to cope in a world where often we can not walk down a street without someone yelling something derogatory to us from a car, or trying to pinch or touch us on the street. We may innately realize that men may mentally undress us as we walk past them, but we do not wish to be reminded of that. We do not wish to be reminded that we are not human beings at all, but objects. Unless we are women of color, then apparently we are nonhuman in other ways, a designation based on race


Several women believed that the comment was meant to frighten me as much as it was meant to denigrate me, because this person wanted to make clear to me that he was paying attention to my movements at least through "his" area of town. Where I was going, what I was wearing, is his way of saying, I'm watching you. After all the probability that my travels through the Eastside would have brought me into contact with one police officer this many times, does not suggest they were random encounters. Experts say that men engage in this type of behavior to exert power over women, to control them and I can feel that keenly from those words.


Only about 3% of all the officers hired recently by the police department were female and if "B. Fife's" behavior is in any way indicative of the current working environment, it will have to fight to keep them. Men who engage in this type of behavior tend to target any women who does not fit their narrow definition of what a woman should do, and it is clear to the "B.Fife"s of the world, that women only serve one purpose. Policing the streets is not on that very short list.


That one purpose is sexual gratification, or at least to be graded on a scale that is based on this purpose. That was clearly delineated in "B. Fife's" comment.


First, what "B. Fife" does to each woman he encounters during the day is to strip them naked inside his head. Doing this provides him with a tremendous sense of power over each and every one of them. If they are unlucky, he will tell him how he does this in great detail. If he keeps his actions to himself, he is doing them a small favor. After doing this, he provides his personal evaluation on each women. Since a woman's worth to him is based on her sexual desirability, he assigns them grades on the pass/fail system.


A passing grade for "B. Fife" on his desirability scale would be an erection or perhaps, a smile of approval. A failing grade is a series of derogatory comments followed by a form of regurgitation response. Between the two, I am more than happy to be on the receiving end of an upchuck response.


His comments clearly stated that I was being graded on his scale of whether or not a woman is sexually desirable(and thus has a purpose in this world) and apparently I received a failing grade. Something for which I am very grateful. The "B. Fifes" of the world are not God's gift to this woman or any woman with self-respect.


Humor aside, it is a way that men of "B. Fife's" ilk grade each woman they encounter every day to exert power over them, as men. Law enforcement allows them many opportunities to do this. After all, the police department itself has stated that its officers have hundreds of contacts with members of the public each year.


"B. Fife" continues on this same track in his next post, by offering suggestions for me to follow in order to receive a passing grade next time.


Anonymous said...

Poor Mary.
I suggest a shower, shave and change of underwear.
It is obvious to me and many others that Mary what you need is a good " BANG "! (-:


Saturday, April 29, 2006 3:46:52 PM


This is a typical stock response by an emotionally immature man who has issues in terms of relating to women who exist for reasons not included on his "list". By the time most women enter adulthood, they have heard the adage, "All you need is a good fuck to be able to do this_________ or not be like this________(insert words of choice in the blanks). That is exactly what "B. Fife" is stating here. It is a response meant to embarrass, humiliate and intimidate women who are not acting in ways men like "B. Fife" view as appropriate and men like him try to stop that behavior in its tracks with sexual comments when tactics like cajoling, ultimatums and threats do not work.


Attitudes like those expressed by "B. Fife" here are one of the problems women have had to tackle in to survive as police officers in departments rife with a culture that in most cases, does not want them there. They have invaded turf which had been considered the sole domain of men and have entered into a club where they are not welcome. If men like "B. Fife" are what they have to deal with in the RPD, then it is no wonder their retention rate is so poor. The problem may not be so much that they do not know what they are in for(as has been suggested) but that they know exactly what they are in for.


Attitudes like those expressed by "B. Fife" here present obstacles to women who want to report crimes against them to police officers. When I asked women if they felt like reporting crimes like rape or domestic violence to someone like "B. Fife", all of them answered no, quite adamantly. Historically, women have been reluctant to report violent crimes like rape to police officers because of past and present sexist attitudes about women and rape voiced by law enforcement officers. Police agencies have worked hard to stem that tide and turn it in a more positive direction. Men like "B. Fife" do nothing but hinder those efforts, with their misogyny.



After all, who wants to report a crime of violence to someone who is a misogynist, even if most of the time that attitude is shut away in a closet? It is still in the room with him and the woman.


Finally, the thought of any woman having to turn to someone like "B. Fife" to report a violent crime that happened to her, because she was a woman is enough to make me want to throw up.

Saturday, April 22, 2006

First We Did. Now We Don't.

Tyisha Miller had a blood alcohol of 0.13 and her initial toxicology tests showed the presence of cannabis, according to the Riverside County Sheriff-Coroner's office, when she was shot and killed by four police officers in December 1998. As early as Jan. 8, 1999, these toxicology results were printed in articles written in the Press Enterprise.


In that article, Sgt. Chris Manning said that accessing these toxicology results would enable investigators to better assess what had happened in a situation leading up to a critical incident.


Anastacio Munoz had a blood alcohol of 0.20, when he was shot and killed by Officer Melissa Wagner Brazil(who ironically also had a blood alcohol of 0.20 when she was involved in an off-duty vehicle accident in Corona in 2004, according to court records) and Officer Carl Michael Turner in November 2002. Munoz's blood alcohol level was mentioned in several news articles after the shooting.


Rene Guevera was seen drinking out of a beer bottle and tested above the legal limit(0.08) for alcohol, when he was shot and killed by Officer Richard Prince in December 2003. His drinking was mentioned in several news articles, based on accounts provided by the police department.


Summer Marie Lane was under the influence of methamphetamine when she was shot and killed by Officer Ryan Wilson. Her drug use was mentioned at a briefing held by the department in December 2004.


Lee Deante Brown was alleged to have used PCP before he was shot and killed by Officer Terry Ellefson on April 3, 2006. Toxicology results will not be released until the department has completed its investigations, which will take at least six more months.


What?


On one level, it could be considered commendable that the department has declined to release the toxicology results, because it might go along with their statement that they do not wish to "try" the investigation in the press. This decision to do so would deviate from past practice where the police department has either commented on or released toxicology results as soon as they came in. This left many community members feeling as if the department was using those test results to justify the actions of their officers in these shootings, especially when those statements were made in the initial days and weeks after the shootings occurred. This sentiment was most prevalent after the shooting of Miller and led to a lot of complaints and heated discussions on the issue in different circles.

However, one problem with this sudden reversal on protocol is that when it comes to Brown, there has already been this assumption floating around for several weeks that he was on PCP when he was shot by Ellefson. This assumption which was provided on several occasions by representatives from the police department has been used to explain and defend the officers' actions against him. One woman said that when she had asked an officer how Brown could grab a taser out of an officer's hand, she was told that a man on PCP had the strength of three men.

Then there are people like "Asti Spamati"(whomever or whatever he is) who seem to believe that he is not mentally ill at all, just using illegal substances including PCP and rock cocaine, when often the line between the mentally ill and the drug addict can be blurred by the fact that untreated mentally ill people may attempt to self-medicate by using legal substances(alcohol) and illegal substances, according to medical experts.

A lot of the assumptions about Brown first arose when it was revealed that one witness, possibly Kenneth Williams, had told Officer Michael Stucker that Brown was on PCP. The police department acknowledged at its April 12 briefing that a witness had made that initial comment. Also, Brown had been arrested without incident on April 1 at a motel, for being under the influence of an illegal substance, which the department said was PCP.

However, was Brown under the influence of PCP when he was shot by police two days later? Only those who have access to the tests can know for sure and they are not talking, even though they were the ones who first put that word out there.

Those tests could have different possible outcomes. Brown could have been on PCP either alone or with another substance. Brown could have tested negatively for all controlled substances, or he could have tested positively for another drug altogether(i.e marijuana).

Another factor that could explain the disparate treatment by the police department is that the turnaround for laboratories for blood alcohol testing is much faster than it is for drug testing and most of the previous cases involved alcohol intoxication. While initial drug tests might come back several days to several weeks after the samples are drawn, more detailed drug screening may take up to six weeks or longer. Consequently, the information is available to be disseminated earlier.

More detailed drug screening is most often done when the initial tests are positive for controlled substances. Getting an accurate toxicology reading from someone who has died also poses complications including delays as well, although especially in Miller's case it did not prevent positive test results for several substances being made readily available for public dissemination. In Brown's case, his toxicology tests had been expedited in order to learn the truth quickly, the police chief reassured people at one meeting.

With all this aside, it still is curious that the police department has opted not to release the results of its toxicology tests, even as the discussion of Brown's possible PCP use has suddenly died down from its corner. Those who are cynical might think that the department has already received the toxicology results and they did not reveal what had been expected. Hopefully, the department has learned enough in the past five years to not choose to withhold them for that reason.


The department's current position is that it will not release the toxicology results until it has completed its investigation which may take six months or longer. By then, the public's attention will have probably moved on(hopefully, not towards the next shooting).


If Brown did test positive for PCP, then it's a contributing factor to a tragic situation which led to his death. PCP will be the major focus of attention rather than mental illness and it will deter people from tackling the issues of either problem because he will be labeled as a person who deserves what he got.


However, if the reality is instead, that Brown was not on PCP at the time he was shot to death, it will be quietly whispered as a footnote on a piece of paper stacked together with hundreds of other papers in a three-ring binder that defines the department's own investigation. PCP will still be the major focus of attention rather than the issue of mental illness and it will deter people from tackling the issues of either problem because he will be labeled as a person who deserves what he got.

Well, at least until it's the CPRC's turn to evaluate all the evidence and information in addition to what it has gathered on its own. Since its own evaluation takes place in a more public arena, the public will be allowed to participate while it drafts its public report. Once that report becomes public, so will Brown's PCP status. Then whether the answer is positive or negative, it will likely be known why the department withheld this information as well, given that it did put that information out there in the first place.

If the test was positive, then hopefully, by that time the department will have started putting together tactical strategies and training to at least deal with individuals under the influence of PCP so something beneficial can come out of this tragedy. Because the officers were operating at least under the assumption that Brown was on PCP(based on information given to them) this is something that needs to be done. It will probably choose not to tackle the more complex issues of mental illness if it can focus its attention elsewhere, which will then have to wait until the next critical incident involving a mentally ill person. Just like other critical incidents that occurred before the Brown shooting were ignored.

If Brown was not on PCP, nothing will happen or change in the interim. Unless that truth comes out, Brown's legacy will be that he was high on PCP when he died, not that his death became the cornerstone of the RPD's new crisis intervention program on addressing the interactions between police officers and the mentally ill.

Wednesday, April 19, 2006

The CPRC's Role in All This?

Last week, the CPRC received its briefing on the shooting of Lee Deante Brown. It had already initiated its own investigation into the shooting, the day after it happened. The investigator has interviewed witnesses including several new ones, which is good news at least for the investigation that they were found. It remains to be seen if that is good news for the police department as well.

It will take months before the investigator returns to the CPRC with his completed report in hand to brief the CPRC in much greater detail than the briefing that took place last week. The commissioners will review that information, along with the entire investigative report submitted by the police department's homicide division. Then the CPRC will begin the process of drafting its own report, including holding discussions on how its members viewed the shooting, in relation to its adherence(or lack thereof) to departmental policy. After the report is completed, the commissioners will then access the administrative review conducted by the Internal Affairs Division of the department's own criminal investigation and then meet behind closed doors to discuss, deliberate and ultimately decide whether or not the shooting was within departmental policy.

Six times out of seven, that process has led to the CPRC affirming the department's own investigation. One time, it did not. Before the final decision was made, unidentified correspondents on this site predicted, even boasted that the CPRC ultimately would hold no power in terms of determining the outcome of a fatal officer-involved shooting. Ultimately, they were correct in their assertions. The city manager's office abstained from the decision and left it up to Chief Russ Leach who sided with his department's own investigation to the surprise of no one. The outcome was likely not as spontaneous as it seemed, given the comments written here that prophesied it. Sounds more like a contingency plan was in place.

The relationship between the CPRC and the various factions of the RPD has been a stormy one. For some, it's a public relations tool to bridge the gap(some might say gorge) between the department and the communities in Riverside. Others look at it as if it is the devil's incarnate. Still others look at it as something in between.

Here once again, is Officer Hands Tied to give his perspective on the issue. Some congratulations are in order. Officer Hands Tied has won the prestigious Scoobie award for the best acting performance during a non-winning political campaign.

Example

HOST: Good morning, Officer Hands Tied. I understand that this is an issue that you remain very passionate about. Do you think that this form of oversight is necessary?

HT: Of course not. It's just unnecessary duplication, repetition and replication of what we already have in place. We have the D.A's office, the State AG's office, the U.S. Attorney's office, the FBI and God.

HOST: Well, some might argue that if you are so sure you are always doing the right thing, then you wouldn't be afraid of one more form of oversight.

HT: It's just sooooo unnecessary.

HOST: But it's a young body. It's only been around this century. Wouldn't you say it's a diamond in the rough?

HT: No. I don't like diamonds anyway. They are hard, unforgiving gems whose clarity is dependent on where they came from. One minute you can not see it in front of you, then there it is sits on top of the mantle out of reach. It spends time on Rick's list, located under the palm tree, then ascends up the glass ladder to a place in the meadow already cleared before it. Gold is my thing. Everywhere. I'd bathe in it if I could. Gold is pretty to the eye, uniform in color and pliable. Where I came from, it was very abundant.

HOST: Say what?

HT: If I were Rumplestilskin, I could make it.

HOST: But you are not him. He's a mean little man who wanted something he could never have.

HT: He did pray for people though.

HOST: Don't you think that you might be just a little sensitive about the reality that nine civilians are standing in judgment of how you do your job?

HT: You have to have a thick skin to move up in this place. That's what I learned. It took me a while though, one act of rebellion before I spoke up for the bystander. It's tough to be a diamond in this world. Tougher still to be me.

HOST: I've lost you there.

HT: Remember who I am after all. What I am.

HOST: How much celebrating did you do after the dissolution of the Stipulated Judgment anyway? It sounds like quite a bit.

HT: Oh 40 ounces here, more there. It was a party that was a long time coming after all. Plenty of time left to celebrate.

HOST: O-kay. It's not always a pleasure to talk with you, but it's always interesting.

Sunday, April 16, 2006

RPD Briefing Before the CPRC

On April 12, representatives from the police department appeared before the Community Police Review Commission to present the department's official version(up to now)of what happened before and during the April 3 shooting of Lee Deante Brown.


According to Capt. Jim Cannon:


At 1:26 pm, the department received a call of a man acting suspiciously near the intersection of Loma Vista and Ottawa. According to the police department, Brown was lying down in the street, jumping on cars, screaming and exposing himself to people. Brown then headed towards University Avenue and walked into traffic, causing cars to stop abruptly to avoid hitting him.


Officer Michael Stucker, who Cannon referred to as "Paul Stucker", was monitoring his police radio and he headed towards The Welcome Inn of America motel at 1910 University Avenue. When he arrived, a man told him that Brown might be on PCP. Stucker then called for backup. At the time, Brown was lying in the parking lot. When he saw Stucker approach him, Brown retreated to the alcove. Stucker gave numerous commands, and Brown did not comply, instead saying "You can't hurt me" and talking to Jesus. He advanced towards Stucker and Stucker tased him, knocking him down on the ground. Brown got up and Stucker tased him again.


At 1:55 pm, Officer Terry Ellefson arrived onscene. He asked Stucker to undo his taser so he could handcuff Brown. Ellefson apprehended Brown on the ground and handcuffed his left wrist. When he tried to put handcuffs on his right wrist, Brown got to his feet. Ellefson tased Brown, but it had no effect. Stucker got closer and tased him directly on his body. At that point, Brown grabbed Stucker's arm and Stucker felt the electricity in his body. At some point, there was prongs from the taser stuck in his hand.


Stucker then took his expandable baton and struck Brown an undisclosed number of times. Ellefson tased Brown on his right shoulder and tried to grab the loose handcuff which was swinging wildly. Ellefson and Brown struggled further. Both Ellefson and Stucker saw Brown with the taser in his hand(but there was no explanation provided by the department in terms of how he got hold of it) and he began advancing towards the officers. They backed up and Ellefson then took his service weapon out and shot Brown twice.


Cannon then said that the two officers were the only two to see the taser in Brown's hand.


"Witnesses somehow were unaware that Brown had grabbed the taser," he said.


This was mentioned at the very end of the presentation almost as an aside. The civilian witnesses either had blinked and missed the struggle over the officer's taser or they are the liars with axes to grind that "Joe Citizen" claimed them to be in his earlier comment. Those are the two possible explanations that the department can possibly come up with to explain the conflicting information provided by the civilian witnesses and the two police officers involved in the fatal shooting. A third possibility is one that it is not really ready for and it is doubtful that it ever will be. Hopefully, evidence not testimony from the department can put this possibility to rest.

Maybe they are right. Maybe they do have all the answers, all the evidence and have opted to withhold both from the public. Because it is early in the investigation of a critical incident, it might be appropriate to do so. One problem with doing this, is that while they are declining to offer evidence of why they have reached the conclusions that they have, they are making judgments themselves in public about a recent event. While doing so might present no problem with the department or the "Joe Citizens" of the world, it might be construed by other people as having made up one's mind from the start or are in a sense, circling the wagons. This might be particularly true for people who live in communities where relations between residents and the police department have been strained for many years. Some of these people might wonder and many have, why does the department even bother to collect their eyewitness accounts of critical incidents at all?


If the civilians had agreed 100% with the version provided by the police department, would there be any comments by anyone about them having "axes to grind"? Would there be any sarcastic comments by anyone about them being upstanding people at a "fine motel establishment" on University Avenue?


Probably not. In that case, they would most likely be viewed as the most truthful, pro-police individuals in the universe, not to mention the best witnesses out there. It's one thing if the "Joe Citizens" of the world practice this dichotomy. Quite another, if the police department practices it too.

Even the police chief referred to civilian witnesses who were quoted about the shooting in the Press Enterprise as "mystery witnesses" at a recent meeting. Words like that while meant to explain or even soothe, can actually fuel further dissent, because the police department has not yet repaired all the bridges which it had spent the last three decades burning. Yet even as the department has written off the accounts of civilian witnesses for reasons still unexplained, it is asking the CPRC's investigator to provide it with contact information for any new witnesses who turn up. Hopefully, this is more than just an exercise. Still, by asking this of the CPRC, it shows that the department is admitting and recognizing the CPRC's power granted to it by the city's charter to conduct its own independent investigation.

Community members who attended the briefing before the CPRC walked away from it shaking their heads. A few asked each other, if they had heard at exactly what point the police department had stated how the taser went from Ellefson's hand to Brown's and then agreed they had heard nothing about that. In a depiction of a shooting that narrated every other action taken by Brown down to the exact detail, why was the most important detail of the entire critical incident still missing?

Hopefully, these questions will be answered in coming weeks.


Columnist Dan Bernstein wrote a very good column on April 14. He has been a regular attendee at recent community meetings on the issue. One point he raised, that even if the version the department has provided of the shooting is the accurate one, it still does not paint a pretty picture.


Bad Day in April


He writes about the LAPD's crisis intervention program, known as SMART which pairs up law enforcement officers with mental health experts. Other cities have created similar programs to address police officers' interactions with the mentally ill populations. Some of these programs were created in response to critical incidents including those where mentally ill people were killed.

LASD MET and other programs

Memphis PD Crisis Intervention program

Portland Police Bureau's CIT program

One community resident in this city offered up information she had learned about a similar program to Riverside's city council.


Their collective response? YAWN. Blink. Blink. Hardly surprising. The Attorney General's office is gone. Hopefully, this is not a sign that the city council's interest in the department's operation has gone with it.


Leach has also voiced his concern on this issue, and said there was a lot more to be done by the department in this area. In response, there were no shortage of community residents offering him assistance addressing this challenge. One hopes that he takes them up on their offers and utilizes their collective expertise on mental health issues to come up with a similar program for the RPD. Community members and the police department working together to grapple with a serious issue as this one, is what community policing in practice is about after all.

Saturday, April 08, 2006

And So It Begins

And So it Begins.


Just 31 days after being released from its obligations under the Stipulated Judgment, the Riverside Police Department experienced its first critical incident: The shooting of an unarmed Black man on University Avenue by a police officer. Not an auspicious beginning for the department and those who now run it, coming quickly on the heels of the celebration of the end of one era and the beginning of the next. For others who were concerned about the dissolution of the stipulated judgment in March, not an entirely unexpected one. To them, it seemed more like a nightmare in waiting. What is past is prologue, after all.

Meetings took place almost immediately afterwards in the community. Chief Russ Leach, with RPOA president Kent Tutwiler and Vice-President Brian Smith in tow attended one meeting last Thursday. He chose every word he said carefully in front of his audience. After all, for police chiefs in any agency including this one, the "wrong" words said in the heat of the moment about a critical incident can make or break a career. Just ask Sonny Richardson, Ken Fortier and Jerry Carroll. But, this question in this case was already asked and answered during a pivotal moment last year.

Kent and Brian have to do their part as well, or else over 250 officers will hand them their walking papers, just as surely as they elected them only several months ago. The struggle between union and union leadership and union and management is played on dozens of similar stages each year. There are some dynamics even the Attorney General of the state of California can't touch, let alone change.

Just as with shootings past, a dual process quickly arose in public discussions. There are the whats, whens, wheres, whos and whys of the critical incident itself. Then comes the ifs. If we had done this, would this had happened? If they had this training, this equipment, this toy, that personality profile test, would things have changed in terms of the outcome?

In this case, pushing itself to the forefront are issues pertaining to how the police officer interact or "handle" mentally ill people particularly those in the homeless population. According to a policy and procedure manual that used to be available for the public to read in the public library, there was little if any language in terms of policies addressing the mentally ill, the mentally incapacitated and those engaging in what is called, "suicide by cop"(itself a product of the dismal history which has preceded it). Chief Leach himself admitted the department needed to do far more in this area.

Talk also reemerged on the issue of diversity training, and what struck me was how this Black woman at a April 10 "community healing" meeting just said, "they treat us like animals." Some might(and apparently have) said that this is how they should be treated or have joked about it. After all, considerable language had been used denegrating people of color on this particular area of this particular street of this particular neighborhood here. The police chief had also admitted in December that the department's diversity training was infrequent, inadequate and outdated. Supposedly, the Human Relations Commission's members have been entrusted with assisting in its update. But will it be enough to "teach" officers about the cultural beliefs, communication styles and practices of other ethnic and racial groups? And who should do that teaching?

Officer Involved Shooting

DATE: April 3, 2006 at 1:59 pm


LOCATION: Welcome Inn of America(Ottawa and University)


NAME: Lee Deante Brown, 31


history: 1997 conviction P.C. 459, several arrests for being under the influence of a substance


OFFICER: Terry Ellefson


history: Fatal Officer involved shooting, Nov. 15, 2005



CIVILIAN WITNESSES:




John, a maintenance man:



"He was on his knees. He[an officer] shot him twice at close range. Bam. Bam."



Kenneth Williams:

(Press Enterprise, 4/6/06)



Williams said Brown only grabbed the electrode-tipped wires that shot out of the Taser at him. When Brown jerked the wires, the cartridge tip of the Taser broke off, Williams said, but the weapon remained in the officer's hand. Williams said Brown flung the wires away.

Williams said Ellefson then shocked Brown by holding the prongs of a Taser against him, but it had no effect.

At that point, Williams said, Ellefson shot Brown in the shoulder.

Williams said Brown spun around from the shot and said, " 'You can't kill me (expletive). I'm God!' " Then the officer shot him in the chest, Williams said.




Racheal Bacon:


(Press Enterprise, 4/4)


Bacon said she was in her room when she heard someone yell, "Get down! Get down on the ground!" and "Stay on the ground, or I'll Taser you again!"


Bacon said she stepped out of her room and saw a police officer and a tall, thin man with jeans and no shirt sitting on the ground in front of the door to a nearby room. The officers shocked the man several times, she said, and one officer hit him with a nightstick.


Bacon said one of the officers had managed to get one handcuff on the man, but he was pulling away from the officer.


Then, Bacon said, the police shot the man twice.


"You could tell he had no idea what was going on," she said. "You could tell that he was really scared."


Bacon said she did not see Brown grab the Taser.


When Brown was shot, she said, "He was basically injured and on the ground."



James Bell:

(Press Enterprise, 4/4, 4/5)


James Bell, a passerby who said he watched the confrontation unfold from the sidewalk, wondered why the officers used Tasers on Brown in the first place.


"He wasn't hurting anybody," Bell said.


THE POLICE DEPARTMENT:



Press Release written by Sgt. Leon Phillips, Homicide Unit:



"Ellefson lost control of his taser, which was grabbed by the
subject. Officer Ellefson feared the taser would be used against him
because of their close proximity and fired his weapon at the subject,
striking him twice."




Sgt. Mike Cook, Audit and Compliance Panel:

(Press Enterprise, April 5)



Cook said he was not sure whether Ellefson dropped the Taser or Brown took it from him.


COMMUNITY MEMBERS:

African-American woman, Eastside(4/10)

"They treat us like animals"

Woodie Rucker-Hughes, NAACP Riverside Chapter president(4/10)

"There are a lot of questions that need to be answered."

Suzy Medina, longtime resident, Eastside

"This is 2006. Every time we want something in the community, somebody has to die."

Medina also spoke about the blood soaked pavement which still marked the spot where Brown died. In other areas that had experienced officer-involved shootings the sidewalk had been washed clean.

"So what, it's just the Eastside," Medina said.



CPRC Briefing:



April 12, 2006 at 6pm, City Hall





Articles:



RPD officer shoots man


RPD officer loses taser, shoots man


Witnesses contradict police department's narrative

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