the community #4 jan 2014
DESCRIPTION
Monthly Police Terror Zine/NewsletterTRANSCRIPT
TABLE OF CONTENTS
1. RECENT NEWS2. VICTIMS PICTURE3. VICTIMS STORY
4. THIS MONTH IN HISTORY5. EDUCATIONAL6. WALL OF SHAME
7. 2013 STOLEN LIVES / MISCONDUCT REPORT8. UPCOMING EVENTS
RECENT NEWS
SD County Sheriff crashes cruiser into a handicapped pedestrian in a mobilityscooterSD Sheriffs protect their own. Deputy Khristina Gimeno struck an Encanto woman with hercruiser on Dec. 6th while the woman was crossing the road. The woman had the right ofway and was crossing at a marked intersection but yet the deputy did not even receive acitation.
Yet another SD cop gets special treatment, “arrested” for DUIAmanda Estrada, 27, was pulled over after 1 a.m. Nov. 3 on Rancho Bernardo Road justeast of Interstate 15 for suspicion of DUI. She was ticketed and released without beingtaken into custody. In the days before the “holiday enforcement period” a San Diego policespokesperson told a local news channel “If you’re gonna go out and drink and drive, expectto go to jail.” Unless you’re a SD police officer.
Feds to allow trial in case of man killed by SD DeputiesAfter a 7 year struggle, federal courts ruled in favor of a trial in killing of Shane Hayes. Theruling overturned a lower court's decision to dismiss the case. Shane was shot by 2deputies back in September 2006 when his girlfriend called 911 after he tried to commitsuicide.
Courts rule against innocent bystander shot by El Cajon policeAfter a nearly decadelong fight, Paula Brown will not be compensated for the more than$48,000 in medical costs and the nearly $500,000 in attorney fees she incurred as a resultof being shot by a El Cajon police officer. Brown was sitting in her dentist’s chair whenshe was struck by a stray bullet from by police who opened fire on a fleeing suspect.
Man dies in while in Border Patrol’s custodySteven Keith was visiting San Diego for the holiday when he was arrested by Border Patrolunder suspicion of possession and intent to sell. He was placed in a cell and hours later,according to Border Patrol, he was found incoherent and unresponsive. When paramedicsarrived they were unable to revive the man. Andrea Guerrero, executive director of AllianceSan Diego, a human rights organization. said, “We are encouraging Border Patrol and theoffice of Inspector General to conduct a thorough investigation and to let the family andpublic know what happened.”
Ernest’s Story
Ernest Duenez, Jr. was murdered by Manteca police on June 8th 2011 as he was exiting avehicle he was riding in. A graphic video of the killing of the father of two by Officer JohnMoody has been posted to Youtube.
In the video you can see Duenez attempt to exit the vehicle while Moody runs up to thevehicle from the rear on the passenger said and pull his gun on Duenez. Moody yells athim “Ernie don’t you move…I’m gonna shoot you!” According to family and eyewitnesses,Duenez’ leg was caught in the seat belt and he moved to extricate himself when Moodyopened fire. Moody is heard telling Duenez to “drop the knife” though no knife is visible inthe video. A knife was found in the bed of the truck but eyewitnesses say it was there priorto the stop.
Police initially claimed the video showed a knife but then changed their minds. They THENclaimed the knife can’t be seen because Duenez ‘threw it so quickly’, though a forensicexpert hired by the family attorney concluded no knife is visible in the video.
The killing was ruled within policy by police chief Dave Bricker, so the family filed a federalcivil suit against the Manteca police department. The suit will be heard in the EasternDistrict Court in Sacramento by Judge Lawrence Karlton on March 25, 2014.
Ernest’s mother, Rosemary Duenez stated: “We feel that we’re not just fighting for our son,but for all the families who have lost loved ones.
For more about Ernest Duenez, Jr. visit
Ernest Duenez, Jr….PRESENTÉ!
THIS MONTH IN HISTORYJANUARY
January 1967 First BPP office opens at 5624 Grove Street, Oakland, CA. January 1968 Alprentice “Bunchy” Carter, deputy minister of defense for Southern
California, organizes The Southern California branch of the BPP. The BPP office isat Central Ave. and 43rd Street.
January 16 1968 At 3:30am, San Francisco police officers break down theapartment door of Eldridge and Kathleen Cleaver. The officers ransack theapartment without a search warrant. Emory Douglas is also present.
January 1969 The Panthers' Free Breakfast for Children Program (FBCP) is underway at St. Augustine's Church in Oakland.
January 17 1969 Los Angeles captain Bunchy Carter and Deputy Minister JohnHuggins are murdered in Campbell Hall on the UCLA campus, by US members.
January 24 1969 Chicago police and FBI conspire to prevent Panther FredHampton from appearing on a local television talk show.
January 30 1969 J. Edgar Hoover approves mailing of anonymous letter to provokeBlackstone Rangers to attack BPP members in Chicago.
January 30 1969 In Des Moines, more than 100 police officers storm the BPPoffice.
January 5, 1608 John Smith (British Colonist) Captured by Native Americans January 7, 1919 46 IWW members found guilty on conspiracy charges in
Sacramento Ca. January 14, 1918 Emma Goldman sentenced to 2 years in prison for obstructing the
draft. January 18, 1958 Lumbee Indians drove KKK off their land in Paxton NC. January 19, 1991 Over 100,000 people march in San Francisco against the Gulf
War. January 20, 1920 American Civil Liberties Union (ACLU) founded. January 28, 2012 Occupy Oakland attempts to takeover Kaiser Center, 400
arrested.
EDUCATIONALIF THE POLICE COME TO YOUR DOOR
Knock Knock, Who’s There?The cops will want to talk to an owner of the house or apartment, so if your name is on thelease, that's you. If you're not an owner, go find [the] owner and tell him/her that the cops arehere.
Meet the cops outside on your porch or in the hallway of your apartment building. Also,bring one or two friends out there with you to witness everything. Your friends don't need tobe a part of your conversation with the cop, but they should be close enough to hear whateveryone is saying.
Do I have to let the the cops in?No. The cops can only come in if:
They have a search warrant or arrest warrant There is a real emergency going on (e.g., someone is screaming for help inside) You let them in
Most of the time, cops get into parties because hosts let them into parties. All the copshave to do is get you to consent to letting them in. So, they might say something like,"We're going to check around inside to make sure everything is OK in there. OK?" If youdon't want the cops to come in, then graciously say something like, "No thank you officer. Idon't consent to your entering my house/apartment."
Am I required to show ID?Technically, you aren't required to show ID unless you're being arrested, ticketed, or you'redriving. In fact, the ACLU recently sued the East Lansing police on behalf of a person whowas arrested merely for refusing to show a cop his ID. Always ask, "Am I required to showyou my ID?" Nevertheless, we advise that you do show your ID if you have it.
What do I say?You aren't required to say anything or answer the cops' questions. But, you should at leastspeak to the cops to find out why they have stopped by your party.
What will the cop say?The cops will ask questions to try to confirm that a crime is going on. So, they might asksomething like, "You're serving alcohol to minors in there, aren't you?" If you get a question
like this, do not lie to the cops, and don't try to give a long explanation. Instead, when thecops ask you this kind of question, just politely decline to answer. Speak in aconversational manner. Don't be confrontational. Don't be rude. Don't ever get physical witha cop.
What if the cop gives me a ticket?Accept the ticket, and don't make a fuss. There's nothing you can do about it now, so saveit for the judge.
What if they come in even if I dont give consent?The cops have no right to do this. But, if this happens, simply say, in a voice loud enoughfor witnesses to hear, something like, "With all due respect, officer, I don't consent to yourentering my house/apartment." But, do not become belligerent or physically confrontational.
WALL OF SHAME
Sgt. Daniel McLaughlin
McLaughlin is the star of a recent video in which he pulls the hair of a hysterical woman whohad arrived on the scene of her burning home. The woman can be seen in the video beingrestrained by her husband as McLaughlin violently pushes her shoulder. The woman reactsby swinging at the officer who then goes into full attack mode, grabbing her arm and thenher hair as he tries to pull her to the ground. Her husband holds on her and after a briefperiod is able to wrest her from his clutches. McLaughlin’s conduct is now underinvestigation.
This, of course, is not McLaughlin’s first time being in trouble. In 2009, a jury ruled thatMc Laughlin used excessive force on John Ross, a homeless advocate. Ross was passingout water to the homeless when Sgt. McLaughlin pulled up and threw a homeless managainst the wall. Ross’s attorney said when Ross approached the officer, McLaughlintwisted Ross’ arm. “Mr. Ross is about 73 years old; he picked him up and he threw him onthe ground,” said Miller. The claim also said McLaughlin continued yelling and begankicking Ross. Jurors eventually awarded the homeless advocate nearly $3,000 in medicalcosts.
“I am surprised that he’s still involved in patrolling certain areas of our community,” Millersaid.
ANNUAL STOLEN LIVES &POLICE MISCONDUCT REPORT
2013
Killed by San Diego Law Enforcement in 2013
Adolpho Vargas Tovar (47) 5/24/2013 National City PoliceFatally shot by 4 officers after he drove a car in reverse towards them. Hehad allegedly robbed a nearby gasstation.http://tinyurl.com/AdolphoVargasTovar
Angel Miguel Lopez (27) 1/17/2013 SDPDFatally shot 3 times by Officer Kris Walb after a call about possible"excons” in the area. When he ran from police they fatally shot him, policeclaim he was reaching in his waist. Angel was found to be unarmed.http://tinyurl.com/AngelLopez
David Lee Brown (44) 8/24/13 San Diego SheriffPolice responded to a call about an “emotionally disturbed person” when policearrived police claim they seen a knife sticking out of his pocket, when Davidmade an abrupt move Sheriffs Officer Adrian Moses shot David 4 timesfatally wounding him. http://tinyurl.com/jwc75tc
David Inge (54) 8/9/2013 Died in Vista JailDavid was arrested for violating probation, he was held in vista jail, the nextmorning, his girlfriend says his name was gone from the jail roster but stilldidn't return home. She called the jail and they told her he was released
earlier that day. 8 days later after still no sign of David, his girlfriend called the jail again thistime she was given a number to call, without knowing who she was calling she wassurprised to find out in was the County Medical Examiner's office, where an investigatortold her David had died in jail eight days earlier, http://tinyurl.com/davidinge
Giacomo Cargnoni (21) 6/1/13 SDPDFatally shot by police after police responded to a call about a man threateningto shoot another man. When police confronted Giacomo police say he reachedin his car and raised a shiny silver & brown object, that's when officers openedfire. A gun was found in the car.http://tinyurl.com/GiacomoCargnoni
Hugo Raymond Barragan (36) 6/11/13 Died in CustodyTried to outrun police and hide in his grandmother’s home. When Hugo foughtwith the deputies during the arrest, they shocked him with a taser to subduehim. He was also bitten by a sheriff’s dog. Hugo stopped breathing.Paramedics were unable to revive him and he died in the driveway of his
grandmother’s home. http://tinyurl.com/HugoRaymondBarragan
Johnathan Vasquez (21) 1/3/13 SDPDFatally shot by San Diego police Officers Sergio Gallegos, Rogelio Medina& Nicholas Troncale, when he allegedly accelerated a stolen car toward theofficers at the end of a brief road chase in the Encanto area. Johnathan'sfemale friend who was in the car was also struck by a bullet in the shoulder.
http://tinyurl.com/m7a65ke
Kevin Fuzi (25) 6/18/2013, Died after Release from Jailfound dead on the beach after being released from five days in jail fora skateboarding ticket, and his parents want to know what caused thetragedy. http://tinyurl.com/l6vn9fb
William Daniel Mayes (37) 3/5/13 Escondido Policefatally shot by police when he allegedly pointed a homemade shotgun at themfrom inside his SUV in front of a North County gated community.http://tinyurl.com/mkm9e7m
Ernesto Gutiérrez Cortés (38) 10/21/13 CBPAfter CHP conducted a highspeed chase of an individual who was suspectedof carjacking, three CBP officials at the port of entry shot at the vehicle killingthe driver. http://tinyurl.com/k9uf6oc
Mark Griffin McCaffrey (62) 11/18/13, Ran over by SDPDWhile riding a motorcycle Mark made a Uturn at the intersection, an officerwas speeding down the street, striking and killing Mark instantly, Mark had agreen light, officers light was red, Police are blaming incident on Mark’s erraticdriving, claiming he was popping wheelies while riding through intersection.
http://tinyurl.com/p2g3yps
Steven Keith (58) 12/24/13, Died in Custody at Campo BorderDied when he collapsed in a Border Patrol holding cell on Christmas Eveafter he was taken into custody for being wrongfully accused of transporting3 pounds of marijuana.. http://tinyurl.com/mfd5t6q
Brutalized, Shot, Unlawfully Arrested in 2013
Tom Billodeaux 1/12/13 Shot by SDPD OfficerShot in a Reading Cinema in Carmel Mountain. Reports allege that Billodeaux fled analleged domestic abuse scene across the street from the cinema after his girlfriend calledthe police. After he allegedly pulled a gun, Officer Addam Ansari shot Billodeaux in thechest & arm. http://tinyurl.com/msxs34v
Raymond Lee Goodlow (53) 1/18/13 Shot by El Cajon Police Officershot multiple times by Officer Roberto Bonilla. According to police, Goodlow was illegallyriding his bicycle on the sidewalk and refused to pull over when an officer attempted to stophim, officer ordered the man to halt and get down on the ground, but that instead, Goodlow
reached into the waistband of his pants. Fearing that he had a gun, the officer fired severaltimes. http://tinyurl.com/goodlaw
Adam Pringle 4/6/13, Arrested and Attacked for filming SDPD OfficerWhile being cited for smoking on the boardwalk, Pringle the incident. After about a minuteof filming, Officer M. Reinhold asked him to put the phone away. When Pringle said it washis right to record the encounter, the officer said that phones could be converted toweapons, and insisted he put it away or hand it over. When Pringle refused, the officer thenforcibly took it and arrested Pringle for obstruction of justice.http://tinyurl.com/lsgaqhu
Gregory Foley (56) 9/1/13 Shot by Oceanside Police OfficerPolice responded to a call of a man threatening to attack his mother, when police arrivedthey claim Gregory was seen holding a knife, After refusing to come out of the house andput the knife down, Officer Corey Kaldenbach opened fire, wounding Gregory.http://tinyurl.com/Gregfoley
Christian Thompson (30) 9/10/13 Brutalized by MTS OfficerMTS officers take down man at trolley stop Woman who shot video says it was excessiveforce. http://tinyurl.com/mvh5jpt
Paul Brinkman (37) 9/21/13 Shot by SDPDShot by police in Pacific Beach, after a responded to a call of a man waving a pair ofscissors around..Paul suffered a bullet wound to his lower abdomen and was treated at thehospital. http://tinyurl.com/kbs5497
Unknown Name/Age 10/21/13 Shot by CBPAgent shot at suspect vehicle when the driver made a Uturn and drove directly at him.Driver sustained nonlife threatening injuries. http://tinyurl.com/ll2dxta
Daryl Ray Cody 30, 10/28/13 Shot by San Diego SheriffAfter refusing to comply with an eviction order, Deputy Scott Lee entered his home andshot Daryl in the leg claiming they thought they saw a gun, which turned out to be a vacuumcleaner tool. http://tinyurl.com/darylcody
Elderly Woman (Unknown Name) 12/7/13 Ran over by SD SheriffCrossing the intersection on her mobility scooter, she was struck by Deputy Khristina
Gimeno, The elderly woman had the green light to cross, while the deputy had a red light,Police are questioning what the deputy was doing in the area when she was appointed tocourt duty that day. Deputy will not face charges. http://tinyurl.com/lrjlnx5
Joseph Hill (44) 12/30/13 Shot by US MarshalsShot in his shoulder by U.S. Marshals in a residential neighborhood on Point Loma,suspected of murder. http://tinyurl.com/qhq5wax
Police Misconduct, Recent Case Updates in 2013
Officer Amanda Estrada, 27 11/3/13 arrested on DUI charges http://tinyurl.com/mk2mlzb
Court rejects appeal from innocent bystander shot by El Cajon policehttp://tinyurl.com/courtreject
Federal court ruling clears way for trial in fatal shooting of Santee man by deputies Shane Hayes http://tinyurl.com/kud43qk
Plain Clothed, Off Duty Border Patrol Agent Anthony Arocho, opened fired at a ChulaVista strip mall when he claims to have seen a man running and getting into his car with abox of stolen merchandise, the man was said to be accompanied by two male, a femaleand a child. When the suspect back his car up to flee the scene, the agent shot at the car,no one was injured. suspect still at large http://tinyurl.com/AnthonyArocho
San Diego may settle police brutality case Ahmed Omar incident on 6/25/2012 Brutalized by El Cajon Police http://tinyurl.com/mpb8fbo
Judge Rules Police illegally detained Dante Harrell and Shannon Robinson during a trafficstop on March 2010 by Officers Ariel Savage and Daniel McLain. http://tinyurl.com/kv6vnb6
College Student Abandoned in Windowless DEA Cell for More Than 4 Days WithoutFood, Water Gets 4.1 Million Dollar Settlement http://tinyurl.com/mf9ukbt
City of San Diego reach $795K settlement for Anthony Arevalos victim, City Council yet toapprove of settlement. http://tinyurl.com/AnthonyArevalo
On September 9, 2013 San Diego awarded $350,000 settlement to woman who wasbeaten by police officers during a Chargers game. http://tinyurl.com/chargerfan
Innocent Dog Tasered, Maced by San Diego Police 10/15/13 http://tinyurl.com/kuxrqzr
San Diego Jury finds Jeff Olson not guilty in chalk vandalism case.http://tinyurl.com/nl87r8m
UPCOMING EVENTS
Committee Against Police Brutality General Meeting January 13th. & 27th 12:00pm City Heights Performance Annex 3791 Fairmount ave. SanDiego Ca, 92105 (next to Library, across street from mid city police dept.)
Oscar Grant 5th Year Vigil Celebration January 1, 12:00 4:00pm Fruitvale BART Station 3401 East 12th Street, Oakland,California
10th Annual Enero Zapatista OpeningJanuary 3, 2014 Sherman Heights Community Center 2258 Island Avenue, San Diego,
Bay Area CA Solidarity for Jalil Muntaqim A.K.A. Anthony BottomJanuary 9, 2014 at 7:00pm NIEBYLPROCTOR LIBRARY 6501 Telegraph Ave, Oakland,
Black and Pink San Diego's Pen Pal Correspondence and Film Study of "Cruel &Unusual: Transgender Women in Prison "January 12, 2014 2:00pm Malcolm X Library 5148 Market St, San Diego, CA 92114
BLACK RIDERS KKKOURT WATCH PROGRAM SOLIDARITY W/ THE TRAYVON 2January 13, 2014 8:30am Wiley W. Manuel Courthouse Oakland, California 94607
NO MORE JAILS Statewide Mobilization to LOS ANGELES January 16, 2014 Time/Location TBA
Film Screening "Books not Bars" & school to prison pipeline discussion January 19, 2:00pm Malcolm X Library 5148 Market St, San Diego, CA 92114
25th Annual Martin Luther King Day Celebration January 19, 2014 World Beat Cultural Center 2100 Park Blvd, San Diego, California