Mark your calendars for the following meetings and events by the POA and its friends and supporters. All dates and times are subject to last minute changes, so always contact the event coordinator to confirm dates and times. If you have an event you would like posted on our calendar, contact the editor at journal@sfpoa.org. Download the calendar.
Over the past eighteen months, there have been calls nationwide for either reforms, overhauls, or federal investigations of specific police departments, or law enforcement in general. San Francisco is no longer immune from these very same calls even though the true facts of the case in our city are completely different than cases in other cities. But as someone once said "Don't let the facts get in the way of a good story."
Since the officer involved shooting in the Bayview District on December 2, 2015 that tragically took the life of a 26-year old knife wielding man who refused to drop his weapon, and who was wanted for the stabbing an innocent victim earlier, there have been outcries. Some of the protesters have also called for the officers involved to be indicted, the Chief to be terminated, and the Mayor to resign.
There have also been certain elected and appointed government officials from the Board of Supervisors and the Police Commission who have publicly label these officers as "an ethnically diverse firing squad" or as "executioners." The ultra liberal leftist director of the San Francisco Labor Council went so far as to demand that the officers be charged with murder and prosecuted to the fullest extent of the law.
All of these unfair, inflammatory and knee jerk statements were almost solely based on 8 seconds of video. None of these groups or individuals bothered to gather any facts surrounding this shooting, nor did they even acknowledge that the three open investigations being conducted by the District Attorney's Office, the Office of Citizens Complaints, and the Homicide Bureau had reached their findings. It was simply ignored by all the political panderers because it did not fit their narratives or political agendas.
Even though these active investigations are ongoing, the San Francisco Chronicle published a factual account of this incident, in early February, based on official SFPD documents that were brought to their attention. Coupled with that, the San Francisco Medical Examiners Office released the toxicology report on Mario Woods on February 11th which stated in part that Woods had methamphetamine, amphetamine, anti-depressants, and marijuana in his system at the time of his death.
Now factor in the response from the San Francisco City Attorney Office, on February 12th, to the federal law suit filed by the Woods file. Once again the facts of the case were outlined in this brief and it states in part:
"The officers' actions were well within the settled parameters regarding the use of lethal force by police officers as spelled out by the United States Supreme Court, including Tennessee v. Garner (1985) and Graham v. Connor (1989), and the Ninth Circuit Court of Appeals, including Blanford v. sacramento County (2005). Police officers need not use the least intrusive form of force when dealing with an armed suspect who poses a threat to the public or police officers. Police officers need not wait until they or a member of the public are assaulted before using lethal force to effect an arrest. When a suspect refuses to disarm and refuses to surrender peacefully, officers may use such force as is necessary to protect the public and themselves, and to effect the arrest."
Bear in mind that San Francisco City Attorney Dennis Herrera is a former President of the San Francisco Police Commission, so he has a formidable amount of experience reviewing and rendering decisions related to officer involved shootings.
With all of these facts now being released by the recognized and designated city departments tasked with providing official conclusions, the POA would have hoped that those who had prematurely and unjustly cast stones at the officers and the department might now come forward to clear the record and recant their statements. As of this writing, no such luck. Their silence is deafening.
Slainte!
Mark your calendars for the following meetings and events by the POA and its friends and supporters. All dates and times are subject to last minute changes, so always contact the event coordinator to confirm dates and times. If you have an event you would like posted on our calendar, contact the editor at journal@sfpoa.org. Download the calendar.
Reviewed by Dennis Bianchi
In 1942 Albert Camus published The Stranger, a novel that quickly gained notoriety. The book was not translated into English until 1946 when it gained an even larger group of readers. Camus used this novel to explain an existential view of life. An unidentified man is shot and killed while taking the sun on a beach. The murderer is a young Algerian named Meursault. The book opens with the death announcement of Meursault’s mother, but it is not clear what prompted Meursault to murder an unnamed Arab, a man he had never met. Over the years The Stranger has become a fixture on reading lists for college students of literature or philosophy. As I reached my late sixties I realized that I had never read it, although I had owned it for some time. It is a very short book; approximately 123 pages and I recommend that you read it before you read The Meursault Investigation. I suppose The Meursault Investigation could be read and, to some degree, understood if read without reading The Stranger, but it would be incomplete.
Throughout The Stranger the victim is identified only as the Arab. As the book progresses the Arab becomes less and less a human being. Meursault’s trial is absurd and he never tries to mount a defense. But the new book poses a response and the identity of the victim.
The story is told by the victim’s brother, Harun (Aaron), who finally gives us the name of the victim: Musa (Moses). The majority of the tale is told inside a bar in Oran, Algeria. Harun gives his brother a life, a family and gives the reader a perspective of the life of an Arab who has seen his culture change as a result of colonization. Harun makes it clear that being a Muslim is not that important to him. (As a matter of fact, in the real world an insignificant Islamist preacher has called for the author Daoud to be executed. Daoud has been unmoved by the threat). Importance, instead lies in Harun’s desire to reclaim Musa’s humanity. But Harun succumbs to violence as well, and kills a French citizen. He is taken into custody and interrogated by Algerian soldiers. Algeria had secured its autonomy days before the murder and this creates another question: If Harun had killed his victim only a few days earlier, would he have been considered a national hero?
The book is a short read: 160 pages in paperback. Mr. Daoud has been a journalist based in Oran and this is his first novel. Not only has it won awards, a feature film has been scheduled for release in 2017. It was a New York Times bestseller and was considered a Most Notable Book of 2015 by The New York Times and The Financial Times listed it among the Best Books of 2015, among other English language awards.
Reviewed by Dennis Bianchi
Each time Michael Connelly releases a new crime novel, I begin believing that he is going to retire his protagonist of many years, Hieronymus “Harry” Bosch. I’m still waiting, although with this new novel Bosh has finally retired from the Los Angeles Police Department. Readers of Mr. Connelly know that, a few years ago, a new character appeared, Bosch’s half-brother, the Lincoln Lawyer, Mickey Haller. What could be more natural than for the two men to go into business with each other? It turns out, there is one major problem. Harry’s conscience won’t let him cross to the side of the defense in any criminal trial, and particularly, a homicide. But Mickey has a very difficult case that he feels strongly about and appeals to Harry to help him out, to cross-over the aisle. Harry can’t stop worrying about how helping a suspect under arrest will undo his previous thirty years of tracking down and arresting homicide suspects.
It takes Mickey more than a couple of attempts to get Harry to read the “murder book” of the investigation, but after reading it Harry gives in and joins his brother in trying to demonstrate that the police have arrested and innocent man.
The plot has a few twists that make the suspect very interesting. In addition, Harry’s investigation points to a suspect within the Los Angeles Police Department, who also happens to be tracking Harry. On the other hand, I just had the feeling the author is running out of steam with Harry Bosch. Or, perhaps, because Bosch no longer has the authority attached to active Los Angeles Police detectives, and must resort to new methods of detection, he has lost some spirit or glamor.
Buyer Beware: The e-reader version is deceptive. The book is short, and 50% is absorbed by an older Connelly book, The Brass Verdict. That book was published in 2008 and the author first presented the information that Harry Bosch and Mickey Haller are half-brothers. That being said, Mr. Connelly can still write a good detective story.
There is an old expression used when a boss or manager appears to be absent and out of touch, or when an entity or organization falls short of its objectives: Who is minding the store?
As his tenure as San Francisco District Attorney creeps along with less than favorable results, this question is being asked by some in the political arena. But more importantly, this question is being amplified by the residents of this city who see George Gascon as nothing more than an empty suit. Their disappointment and frustration is echoed at all the community meetings that I have attended. Based on what we at the POA have witnessed, we must agree.
A District Attorney's primary responsibility is to prosecute those who have been arrested for committing crimes. These cases are brought forward by law enforcement agencies and they must be reviewed and scrutinized by the the DA's office before they determine if the case rises to the level of a filing.
As an Officer, and later as an Inspector in the SFPD assigned to investigations for many years, I have dealt with many Assistant District Attorney's dating back to when Arlo Smith was the District Attorney. I must say that those ADA's I have worked with were dedicated, professional, and ethical attorneys. Each demonstrated passion and commitment to their job and to the community that they serve. Yet, many of the case dispositions are not decided by these local veteran experts. They are decided by the department head. These days, that would be former LA beat cop George Gascon, or occasionally handed off to his hand-picked Chief of Staff -- former Los Angeles County Deputy Public Defender Cristine DeBerry.
Since George Gascon was appointed to DA in 2011 by then Mayor Gavin Newsom in a shady backroom, closed door political deal, Gascon's felony and misdemeanor filings have plummeted. For those who are familiar with Gascon this should not be surprising since he is a District Attorney that has never prosecuted a felony or misdemeanor criminal case. Gascon has never stepped foot into a courtroom as an attorney whether it be criminal or civil. That's right. A district attorney that has never made a motion or an objection in court, let alone trying a case on behalf of the people, but he is in charge of all prosecutions in San Francisco? This must be a first in the State of California.
Here are a few statistics from the District Attorney's Annual report, followed by a few statistics for the SFPD, per the Department of Justice.
Total Cases Filed (felony & misdemeanor) by the DA's office
2012: 12,000
2013: 8,366
2014: 6,220
Total Arrests (felony & misdemeanor) by SFPD
2012: 18,365
2013: 19,069
2014: 16,419
Simple arithmetic shows that the DA filed 65% of the cases in 2012, 43% of the cases in 2013, and 38% of the cases in 2014 while arrests by SFPD increased 3.7% from 2012 to 2013 but decreased 13.9% from 2013 to 2014. This has all occurred while the SFPD has been understaffed by approximately 300 officers, and while the DA's office has continued to replace seasoned veteran ADA's. Since Gascon took office 30% of the senior ADA's have left the DA's office due to disagreements in Gascon's policies, procedures, and practices. I’m sure Public Defender Jeff Adachi is very pleased.
The statistic that is most disturbing is the felony filings. These are largely aggravated assaults, domestic violence, and firearm violations. These filings have fallen from 6,054 in 2010, to 3,255 in 2015. You do the math. Any way you slice it, it's not good.
While the POA continues to applaud the Assistant District Attorney's that work tirelessly to pursue justice in the criminal courts, it has come to the attention of the POA that some cases are being "given away" by Mr. Gascon. Here are just a couple of examples. Draw your own conclusions.
On February 23, 2015, a duo of previous convicted criminals went on an armed robbery spree. Troy Barnes and Nathaniel Castro conspired to commit several armed robberies that day. The first was in the Noe Valley where Barnes jammed a gun in the back of the store clerk during the robbery while his accomplice Castro waited in the get-away vehicle. This was all captured on video.
Both Barnes and Castro were then captured on video purchasing latex gloves and surgical style masks at a Walgreens store on Divisadero and Castro Streets.
Barnes and Castro then proceed to the outer Richmond District where Barnes enters a store, sticks the gun in the back of the clerk and cocks it. During the robbery his accomplice Castro is again waiting in the get-away vehicle. This was also captured on video.
The gun totting partners in crime then made their way out to Ocean Avenue where they both entered another market wearing gloves and masks. Barnes points the gun directly in the face of the clerk and robs him. An off-duty SFPD officer who was outside the shop witnessed the incident, called it in, and provided a detail description of both suspects. Uniformed officers arrive on the scene and take Castro into custody. This was all captured on video. Barnes flees the scene but was taken into custody four days later.
Three independent witnesses, as well as the off-duty officer, identify the suspects. After waiving his Miranda rights, Castro admits to the three robberies with Barnes as his accomplice. The case is charged through the District Attorney’s Office. The case proceeds through Superior Court. Now the time comes for either a plea agreement or to proceed to trial.
This is when the case lands on the desk of George Gascon. What was the disposition they reached with the Public Defender and the Court?
Castro: County Jail, 1 year suspended sentence, credit for time served, no jail, 3 years unsupervised probation. Out of custody.
Barnes: 6-months county jail, 193 days of credit, 3 years unsupervised probation, Out of custody.
And here are a couple of more career criminal who were arrested by SFPD for auto theft, auto burglary, firearm violations, and stolen property but were simply given a pass from Gascon. (And the public wonders why property crimes are dramatically on the rise?)
Fasi Fotu
Sir Latour
Arrested December 10, 2012, November 8, 2014, December 18, 2014, February 5, 2015, and April 17, 2015 for stolen vehicle, possession of stolen property, possession of an illegal firearm. and possession of narcotics.
DA's Dispositions: Dismissed-lack of evidence or proceed with other charges (unknown at this time).
These miscarriages of justice are only the tip of the iceberg when it comes to cases not being filed by George Gascon.
Everyone accused of criminal conduct is entitled by law and due process for their day in court, up to and including a fair trial. However, criminals arrested in San Francisco need not worry about the consequences of victimizing innocent city residents and visitors.
But, if you happen to be a local store owner or run a small mom-and pop business in the neighborhood, beware: George Gascon is giving away your store.
Slainte!
Mark your calendars for the following meetings and events by the POA and its friends and supporters. All dates and times are subject to last minute changes, so always contact the event coordinator to confirm dates and times. If you have an event you would like posted on our calendar, contact the editor at journal@sfpoa.org. Download the calendar.
Is PERF Just Reinventing the Wheel?
Scott Berkun had a front-row seat to one of the most innovative periods in America’s technology business history: he worked at Microsoft for nearly a decade from 1994 – 2003. Microsoft’s Internet Explorer, as you may recall, was one of the most widely used web browsers during the time Berkun worked at Microsoft.
In June 2010, Bloomberg Businessweek published an article Berkun wrote titled “Stop Trying to Reinvent the Wheel”. While I’m hesitant to constantly refer to a previously published article, I can’t help but notice the parallels to current issues we’re facing in the law enforcement community. Unless otherwise noted, all quotes should be attributed to Mr. Berkun.
“The key reason people look to reinvent things is that they don’t know what’s already been done. Ignorance, one way or another, is the leading cause of wasted effort everywhere. People who don’t spend time studying the problems they’re trying to solve are bound to reinvent something, and likely not nearly as well.”
It is no secret that law enforcement’s uses of force have come under intense scrutiny nationwide. This scrutiny is likely to increase locally with the nearing implementation of the Body Worn Camera (BWC) program. My personal belief is that BWC footage will provide further evidence of the amazing work SFPD cops do every day. In my experience, our members show amazing restraint and are reticent to resort to using force. That being said, our members also recognize the need to be swift and decisive when applying lawful uses of force to minimize harm to the public, the officer, and the subject.
Interestingly, there is a nationwide trend of numerous elected and appointed leaders calling for police use of force reform. In an effort to assume the self-appointed role as a subject matter expert, the Police Executive Research Forum (aka PERF, a non-profit organization that charges law enforcement executives membership fees) has recently produced a document of suggested use of force reform. Suggested reforms include new adjectives such as de-escalation, proportionality, and the critical decision making model. While the adjectives are new, the practical application of core law enforcement principles is the same. Unfortunately, some of the suggested new adjectives aren’t supported by current statutory and case law.
It seems that PERF is tactically placing itself in a position to take advantage of politicians caving to public opinion and insisting on reform from law enforcement executives whom they appoint. Unfortunately, elected officials have created the demand that PERF is happily filling. I’m no politician, but I imagine it is easier to try to change the circumstances of a police encounter that looks “bad” instead of explaining the relevant sequence of events that led to the encounter. I’m more than certain that a vast majority of police uses of force are due to a subject’s actions or non-compliance. Interestingly, PERF’s suggestions of police reform are silent as to the responsibility of citizens to follow the lawful order of a law enforcement officer.
My fear is that elected and appointed officials, local and nationwide, are haphazardly creating a restrictive system intended to cause police officers to hesitate by instituting verbose and confusing policies based on subjective principles. Policies exist to provide clear direction. Restrictive use of force policies don’t change the origin of an officer’s need to resort to force: actions or non-compliance of another person. Such policies only serve to restrict force options available to a police officer. Unfortunately, often ignored is the concept that the hesitation of a police officer can lead to deadly and disastrous results.
“The second reason for reinvention pertains to ego and rewards…there is more prestige to be gained for making something new than for reusing work done elsewhere in the company or industry. (emphasis added) This is true when the newly made thing is much worse than what already existed…if a culture rewards unnecessary reinvention more than it honors wise reuse, the ambitious will follow suit.”
It is much too early to know the exact ambitions of those supporting an expedited change of policies guiding law enforcement’s use of force. However, even a casual observer can easily detect the aggressive timeline of the implementation of new use of force policies. It will be interesting to follow all involved in the newfound urgent quest (both those insisting for police reform and those rushing to meet the call). It wouldn’t be surprising to learn that politicians add use of force reform to their platform when seeking another elected position, find non-profit group leaders placing another line on their curricula vitae, or discover newly formed private consultancies ready to bill hefty sums for their services. Unfortunately, it will be the lone officer facing a dangerous suspect that is left with the consequences of hastily crafted policies.
“Good leaders…recognize the rare skill of combining things together well...There’s a time to reinvent and a time to reuse, and the best minds know that both approaches have their place”.
I’m not suggesting that there is no need for reform. Quite the contrary, I believe there is a constant need for law enforcement to adapt and stay ahead of the curve. However, there’s a difference between the means by which law enforcement obtains and develops effective relationships with community members, stakeholders, and interest groups and how policies are created, especially policies that direct officers how to carry out their lawful duties.
It is easy to see that there is a great amount of public interest in law enforcement’s application of uses of force, and rightfully so. It is important for officers to understand that in most cases their uses of force are considered government intervention and seizure. However, it is equally important for the public to understand that there are mechanisms in place for officers that deviate from the legal standard, set by statutory law and US Supreme Court case law, when using force.
For those unfamiliar with the harsh realities of taking a non-compliant or actively resisting subject into custody, a front-row seat view of a judicious use of force can be shocking. As most cops realize (as well as the US Supreme Court), any use of force is a culmination of a sequence of events. The sequence of events, however, doesn’t sell newspapers or gain media attention. I’m hopeful that with the increasing availability of BWC footage, the public will be exposed to the entire sequence of events that lead to particular uses of force. Such a context will likely produce a level of understanding as to why a police officer used a particular force option.
In the meantime, if policies governing the use of force are modified, it is essential for those drafting such policies to understand the importance of specific language, consistent with statutory law and case law. There is no sense in replacing existing policy with a hastily prepared, mediocre and confusing product, intended to either satisfy a vocal faction or to personally benefit those expediting change.
There is no question that both residents of The City as well as our much-valued visitors are suffering greatly from the outrageous increase in auto burglaries. So when Officer Jose Mora and Officer Ruben Augirre of Taraval Station attended their midnight line-up they paid particular attention to the auto and suspects detailed in a Crime Bulletin as possibly being responsible for a great number of these offenses in the Sunset District. It was only 4 hours later when the officers located and stopped this particular vehicle with 2 on board. Even though they did not have enough justification to make the arrest at this time, they did uncover invaluable information that other investigators needed to prepare an arrest warrant. Now it’s only a matter of time . . .
It’s early afternoon when a person is accosted and stabbed numerous times by an assailant on the 400 block of Powell. The victim barely survives the ride to the hospital. There was sufficient video and eyewitness reports to make at least a partial identification of the suspect responsible. 5 hours later, Lieutenant Sam Christ and Sergeant Patrick Zapponi, Central Station, managed to track the wanted suspect down with their many years of experience and took him into custody. The arrestee still had the weapon with him and was subsequently booked for attempted murder.
Also in the Central District a valet employee was robbed of his cell phone by a woman armed with a stabbing instrument. He tried to recover his property but thought better of it when the suspect came after him. A few minutes later the victim flagged down Officer Randy Tiffany and Officer Taylor Sherman and gave them a description of the armed robbery suspect. It didn’t take long before Randy and Taylor located the individual responsible, standing in the middle of the street waving the weapon in the air warding off invisible demons. The officers were able to take this individual, who was already on felony probation for other thefts, into custody and recovered the victim’s phone as well.
The officers were responding to a call of a person armed with a gun when they saw an individual on the 2500 block of San Bruno Avenue who matched the description. He disappeared temporarily into a residential unit so Officer Eric Eastlund, Officer Christopher Leong, Officer Patrick Faye, Officer Paul Wilgus, and Officer Louis Hargreaves had a little more investigating to do until they located the suspect’s exact location. Turned out the individual involved was a known gang affiliate who had a search condition as a result of his probation. The officers contacted the suspect and subsequently located a 40 caliber semi-automatic weapon which he was not supposed to have in his possession due to a prior conviction of assault with a deadly weapon . . .
The woman who admitted she was violently assaulted by her children’s father was still openly terrified of the suspect when she approached Officer Michael Beaird and Officer Curran Gong and told them what had happened. Upon further investigation, the officers identified the suspect as being one of the top “firearm offenders” in the Bayview District. He also had a prior felony conviction for aggravated assault with a gun. The officers, along with Sergeant Eric Lau, Sergeant Kevin Murray, Officer Kyle Thomas and Officer Colin Patino, then responded to the suspect’s residence and located him outside. A further investigation was conducted including the obtaining of a search warrant for the suspect’s home. Inside the officers found evidence of a burglary that had recently occurred in the Taraval District for which the suspect was charged along with a number of felony domestic violence offenses.
Officer Jonathon Lucchetti, Officer Michael Gerchow, Officer Leo Bernstein, and Officer Rufino Velasquez were conducting a Muni fare inspection patrol on the 3rd Street line and encountered 2 individuals who needed to be cited for failing to pay their fare. The one individual cooperated fully but the other tried to take off in a sprint from the Muni platform where he was detained. The officers managed to wrestle this subject to the ground and take him into custody. They later found out that he was wanted on a felony warrant out of Eureka, California with bail set in the 6 figure amount for possession of explosives and shooting up a house.
Next time he’ll pay the fare . . .
It’s late afternoon and SFPD Dispatch receives a call from an individual on the unit block of Turk Street who said he just stabbed himself and did not want to live. The Dispatcher relayed this information to Officer Michael Ross and Officer Carlos Castro working the Tenderloin Task Force, When the officers got to the caller’s apartment the suicidal subject was standing naked in the doorway completely covered in his own blood. He had self-inflicted wounds to his jugular vein, trachea, and numerous stab wounds to his chest. Officers Ross and Castro managed to have the subject lay down so they could start first aid, applying pressure to as many of the open cuts as possible when he suddenly became combative. Now the officers were forced to wrestle with the man they were trying to save all within a narrow hallway that was covered in blood. Officer Ross eventually had to relinquish control of the bleeding from the trachea and jugular so that paramedics on the scene could replace the pressure he was maintaining with larger dressings at which time a separate stream of blood shot out from both points of the incisions made. The injured man was rushed to SFGH where the treating physicians said that he had sliced 86% of his trachea and had to have a massive blood transfusion in the operating room to save his life. All of the doctors involved in his emergency treatment stated that the only reason the patient was still alive was because of the life-saving measures Officer Ross and Officer Castro had taken.
The 2 individuals setting off fireworks on a late night at Broadway and Columbus were also drinking from open alcoholic containers. Officer Nathalie Peraza and Officer Justin Leach decided to end the unauthorized celebration. The officers approached the pair and while one of the subjects stood his ground, the other ran away. The officers gave chase to the individual who obviously didn’t want to be part of any police contact. He was subsequently detained and it was soon apparent why he decided to try and leave. He was armed with a fully-loaded 9mm Glock semi-automatic weapon with access to an extended clip with 30 more rounds all hidden under the loose sweatshirt he was wearing.
The actions Officer Nathalie Peraza and Officer Justin Leach took while making this arrest placed them in harm’s way more than they knew. They had no idea at the time that the person they were dealing with was a felon convicted of serious crimes against others in both San Francisco and Sacramento. And they had no clue that he was carrying a loaded, 9mm Glock semi-automatic weapon with an extended magazine carrying 30 rounds at his disposal! But, unfortunately, that’s the nature of this job. Every turn around a corner can be a whole new adventure, sometimes rewarding and sometimes not.
In 1991, this exact same scenario cost Los Angeles Police Officer Tina Kerbrat her life. Officer Kerbrat was only 4 months out of the police academy when she and her partner stopped to cite 2 individuals with open alcoholic containers. Officer Kerbrat was shot and killed the minute she stepped out of her police vehicle. She had absolutely no chance to defend herself. The suspect was shot by her partner and died. Officer Kerbrat’s husband was a Los Angeles Firefighter and they had 2 children at the time. A 3-year old daughter and a 6-year old son. Over 4,000 public safety officers attended her memorial. Archbishop Roger Mahony, who presided over the Requiem Mass for Officer Kerbrat, stated that, “We as a community have not done what is necessary to make our streets, our neighborhoods, our homes and our children safe. And until we do this for you,” he said to the officers present, “we must bow our heads in shame and ask for your forgiveness.”
Rest in peace Officer Kerbrat - The San Francisco Police Officers’ Association was honored to make this your Time of Remembrance.
"Dear POA --
Thank you for remaining positive and electing to continue engagement with the communities you serve so well. Perhaps if the potential of each young person is supported by the community, their family and the communities of interest there would be less crime in our City.
It is " better to light one light than curse the darkness" which is what you have done in providing educational opportunities for young people. It is far better than declaring days of honor for victims of societal neglect who happen to also be committing serious crimes. Keep on believing in people - Hopefully it will become infectious and we will all learn to trust and honor each other more!
With Admiration and Hope,
Fr. Mike Quinn,
SF Native & Priest”
Editor’s note: This uplifting message was sent to the POA in response to the Mission Graduates receiving the POA’s Community Investment Grant.
It has been busier than usual this past month, and certainly much stormier in terms of swirling media squalls and sporadic lightening strikes. The issues are numerous and very pressing. Any one in and of itself would be enough to demoralize a weaker organization, but we are – fortunately or not, depending on your point of view – very experienced at heading off these storms. I must admit, however, that even I was starting to hunker down a bit until I read the letter reprinted on this page from Father Mike Quinn. After reading it, a bluer sky has opened, and I have put away my umbrella.
Inside this month’s Journal, there are a number of issues that you should read about and ponder. But before you turn a single page, or glance at a single headline, do yourself a huge favor and read Father Mike’s message. Your day will go much better after you do.
In fact, read it twice…
Slainte!
Bayview Cops Work With Willie Mays Kids
In 2014 the San Francisco Police Activities League established a new program which seeks to provide opportunities for police officers and children from their police districts to come together at local ballparks and simply engage in pick-up games. Dubbed the Sandlot Program, several police districts have participated in this new program, and the officers of Bayview Station will be spending Wednesday afternoons with the kids from the Willie Mays Clubhouse playing pick-up baseball games at the clubhouse diamond.
Unbelievable Views
On the very top of Hunter’s Point Hill, tucked away under a mature stand of eucalyptus trees sits one of the nicest baseball diamonds in San Francisco. The field was renovated in 2005 and is the perfect size for kids up to around high school age. Standing on the north side of the field, you can look out over the city of San Francisco and the bay with a clear and unobstructed view all the way to the east bay. It’s on this field that Bayview Station will play ball with the local kids on Wednesday afternoons, helping to get the kids ready for their summer Junior Giants season.
Old Milton Meyers Center
Adjoining this great baseball diamond is a recreation center built in the early 1950’s that old Bayview cops will remember as the Milton Meyers Center. In 2004 it was a run-down facility with an empty gym and not a kid in sight. Local moms refused to let their kids play in the center, as there had been a shooting in the prior year directly in front of the center. The officers of Bayview Station, determined to provide a safe haven for the local kids, established a police office in the facility and let it be known that this center was a safe haven for kids living in Hunter’s Point.
Boys and Girls Club
The personnel assigned to Milton Meyers as recreation directors at the time, were, to put it mildly, a bit underwhelming. So in 2005, the cops from the Bayview made a pitch to the Boys and Girls Club of San Francisco. If they would take over the facility and establish a clubhouse, officers from Bayview Station would ensure its safety through their presence. It didn’t happen overnight, but it did happen. In June of 2008, the Boys and Girls Club of San Francisco established the Willie Mays Clubhouse on Hunter’s Point Hill. Willie Mays himself was there at the grand opening, as were officers from Bayview Station, the same officers who were determined that the kids of Hunter’s Point would always have a place of their own to play ball, do their homework, and just be kids.
Partnership Continues
To this day, if you walk into the Willie Mays Clubhouse, one of the first persons you’ll come across will be a Bayview police officer, in full uniform, and known by every kid in the clubhouse. In the March issue of the Journal, the PAL article described how Commissioner Arthur Woods of the New York Police Department had established the city playstreets program in 1914, so that every child growing up in New York at the time would have a safe place to play. This tradition continues one hundred years later on Hunter’s Point Hill, thanks to the efforts of the officers from Bayview Station.
Mark your calendars for the following meetings and events by the POA and its friends and supporters. All dates and times are subject to last minute changes, so always contact the event coordinator to confirm dates and times. If you have an event you would like posted on our calendar, contact the editor at journal@sfpoa.org. Download the calendar.
The actions taken by our elected officials following the tragic events of May 19, 2016 were a panderer’s delight; sacrificing a dedicated Chief of Police to appease a knot of noisy troublemakers.
There was a tragic loss of life on the streets of the city. Just like previous similar incidents, it was the result of an officer involved shooting. And just as in those previous cases, the death resulted from a failure to comply with lawful commands and an exhaustion by police of all reasonable options. Instead, those deceased persons chose to resist and assault the officers who were simply doing their jobs the way they were taught, using the tools issued to them, and following orders.
The last three Officer Involved Shootings in this city would not have occurred if those subjects complied with lawful police commands, dropped their weapons, and surrendered. They then would have had their due day in court, which is where these criminal matters need to be resolved in front of a Judge, not on the streets of the city. Also unknown to the officers, at the time, was the mental status and/or the level of narcotics that these individuals had ingested prior to these encounters.
The actions of our elected officials was to choose the politically expedient route by picking the closest scapegoat and throwing him under the proverbial bus. It appears that before this suspect was even declared deceased, the Mayor’s office was already on its second draft of a Press Release announcing the resignation of Chief Greg Suhr.
Chief Greg Suhr, a highly decorated 35-year veteran of the San Francisco Police Department, deserved better than this. He is a man who has dedicated his adult life to the safety and protection of the people of San Francisco. He has initiated more youth programs -- such as the Summer Jobs Program and the After School Park and Rec Program -- and has done more outreach to faith-based leaders and community organizations, especially as Captain in the Bayview District; than any other chief. For him to be forced into retirement due to political pressure and self preservation, by the Mayor, was a slap in the face. Chief Suhr was not not deserving of this sort of treatment.
If you look at Greg Suhr's record and service in the department, he has saved more lives on the street, offered more educational advancements to our youth, and has advanced this department into the 21st century with new tactics, more so than any critic on the Board of Supervisors or on the Police Commission. Their collective armchair quarterbacking of Chief Suhr's performance over the past 6-months is political grandstanding and selfish acts of political survival.
I have known Greg Suhr my entire 27-years in this fine department. I have worked with him and for him, so I feel that I am qualified to vouch for his character, his honesty, his morals, and his deep commitment to the mission of public safety. It is all beyond reproach. He is undoubtedly one of the best Chiefs this department has ever had in the past 40 years.
Interim Chief Toney Chaplin
So now we have an Interim Chief. I know Toney Chaplin and he is one outstanding cop. He has worked in a number of uniform and plainclothes assignments in his 26-year career, and had advanced to Deputy Chief before he was appointed to the interim position. He has excelled in all of his assignments and has earned the respect of his fellow officers. I contacted Toney on the evening of May 19th and offered him the full support of the POA.
Unfortunately, due to politics, poor Toney has been thrown into the deep end of the pool with very little notice. The question I have of those who appointed him is this: Will you throw him a lifeline when the next OIS happens, or will you be throwing him a bag of rocks and watch him sink? I ask this because there will be another OIS in this city, sooner or later, much like every major city in this country. It doesn't matter who is sitting in the big chair and leading the department. Another OIS is inevitable. Why? Because career criminals will always commit crimes, they will never want to go back to jail, they will always resist arrest and try to flee – especially to an infamous “Sanctuary City.” Career criminals and other opportunists will always assault cops with guns, knifes, machetes, and try to run over them with vehicles. The cops will then do what they have been trained to do. They will protect themselves, their fellow officers, and the public from the imminent threat of great bodily harm or death and if that leads to deadly force then that is what is going to happen.
We now have the "Frisco Five" who led a so called "hunger strike" and demanded that the Mayor fire Chief Suhr. They continued this "hunger strike" while they were being nourished by fellow activists at Mission Station. They finally decided to declare victory when the media lost interest in their fictitious "hunger strike" and when their GoFundMe account raised enough money for them to have an all-expense paid dinner at Benihana's Restaurant.
The antics of the "Frisco Five" along with their fellow activists seem to have captured the hearts and minds of some on the Board of Supervisors who have previously expressed and demonstrated their disdain for the San Francisco Police Department. David Campos and John Avalos, who are both termed out of office with no other political office to hold, publicly came out against Chief Suhr. They were joined by Eric Mar and Jane Kim who is desperately trying to garnish any momentum in her failing campaign for the State Senate. These members of the Board of Supervisors have no standing when it comes to the hiring or firing of the Chief of Police. Per the City Charter, that responsibility rest with the Mayor and the Police Commission but yet it does not them stop them from siding with the vocal minority, who are mostly not residents of San Francisco, crying for the removal of Chief Suhr.
Well, the Mayor gave them what they demanded, and by doing so he has also emboldened and empowered these anarchists. So now what San Francisco? What's next? Will they demand for the Mayors removal? This begs the question: Who is running this city and who are our elected representatives answering to? The squeaky wheel from a vocal minority of non-city residents, or from those who live and work and raise their families here and who have voted for our elected officials?
My answers would certainly not be popular with the "Frisco Five" or with Campos, Avalos, Mar, and Kim. It simply does not fit their predetermined agendas regardless of the facts of any of the recent OIS cases. More importantly I believe that there are many San Franciscans who feel as though things have gone too far in our fair city. The silent majority of San Franciscans who, per our polling numbers from March 2016 of registered voters, clearly support the rank and file in the police department. Okay San Francisco, now what?
Slainte!
Thank you to everyone who is supporting the SFO USO shower program.
As far as the station donations go, Co. E is currently in the lead with an incredible $4,210 in donations! Next up is Co. F
The director of the SFO USO, Jim Pollock, wanted me to thank our members on his behalf. Jim is overwhelmed with the show of support our department is giving this program.
Anyone else wishing to donate can email me at the email listed below for details.
Thanks again!
Sgt. Sean O'Brien #119
SFPD AFOB
Many men and women in law enforcement who serve and protect our communities 24/7 365 days a year are asking this question “Am I next? Are we now targets for factions of our community who need us the most?”
These questions haunt police as they go about doing the job that most people would never consider doing. This question cannot be surprising to anyone after the brutal ambush assassination of five Dallas police officers on July 7, 2016, along with the seven other officers and civilians being wounded that day. The equally horrifying massacre of three Baton Rouge police officers and the wounding of three more officers just ten days later also raised this same question. The calculated deadly assaults on police officers are now happening in our own backyard with the unprovoked attempted murder of an Oakland police sergeant on July 23rd who was shot at several times immediately after she was injured in a traffic collision. We now have the shooting of two San Diego police officers on July 29th. One officer died from the multiple gunshots, and his partner is recovering in the hospital after emergency surgery.
These senseless cowardly acts have shaken law enforcement to the core and have sent shock waves through all of those who believe in law and order and the sanctity of life. The war of words against law enforcement has escalated. Snipers have perpetrated cold-blooded, calculated ambushes on public servants – good people who were just doing their jobs and were targeted simply because of the uniform that they wear or because of their race.
Many have hypothesized as to why we are once again experiencing the carnage in our profession similar to the random murderous attacks on police officers in the late 1960’s and early 1970’s. I believe that much of vilification of law enforcement today is based on a false narrative and nonfactual information that is spread not only through social media, but also through mainstream media. This message is easily accepted by some because it is sensationalized with eight seconds of captured video and nothing else. No facts and no conclusions from any government organizations authorized and empowered to investigate are even spoken of. No factual data from studies done by the Washington Post or Harvard Professor Roland Fryer Jr. are even considered or reported. Both of those reports and many similar reports are readily available on line.
When ill-informed individuals buy into this false narrative they tend to lash out at the easiest government target-- the local police. Comparisons can be made that during the Vietnam era when organized groups lashed out at the government over that long ugly war. Their wrath was targeted at the closest government entity-- the local police. One of the main differences between the Vietnam era and today is that most elected officials on a municipal, state, and national level openly supported law enforcement and the armed forces who were serving in that era. Today our deserving military personnel rightfully receive the proper respect from government officials but the police? Not so much, whether it be on a local level or a national level.
Through all of this recent turmoil, sadness, and heartache in our profession cops long for strong leaders that can send a clear and concise message not only to the first responders but more importantly to the public that we have taken an oath to serve. Thankfully a new voice of wisdom and common sense has emerged from the tragedies of Dallas. That person is Dallas Police Chief David Brown.
Chief Brown may have the most unique perspective on public safety and the personal feelings of loss and sorrow. Unfortunately, Chief Brown’s younger brother was killed in 1991 by a drug dealer in Phoenix. Tragically Chief Brown’s son, who suffered from mental health issues, killed an officer in the line of duty in 2010. His son was then killed by officers during an exchange of gunfire. With the cold blooded murder of five of his officers, Chief Brown has faced the most challenging and difficult times of his career. He has handled it with dignity, class, and has remained poised in the face of unimaginable heartache. Part of his message during the eulogy of his fallen comrades was this: “Become a part of the solution. Serve your community. Don't be a part of the problem. We're hiring," This message has been delivered before, by others, but now coming from Chief Brown, knowing what he has suffered, it should resonate with everyone who believes in service to their fellow man.
The recent acts of cowardly cold blooded murder of police officers have the potential to drive a wedge between law enforcement officers and the communities that we serve. But we will not let this happen. We refuse to. Instead, we will continue to work hand in hand to forge ahead, to promote peace within our community and unity in our cities.
We are sent into the worst areas and neighborhoods and are asked to deal with the misery, the poverty, the crime, the human condition and are expected to resolve all of nation’s problems without incident, without confrontation, and without harming anyone. We are judged by ten-second videos, anti-police groups, and a media that often could care less about the facts as long as they are the lead on the nightly news. We chose this profession because we care. To most, it is a calling to those of us who want to make a positive difference in our community. Sadly, it appears that we are now being hunted down and executed by some in our own communities simply because of the uniform that we wear.
Despite this, we will persevere. We will do what we always do, which is go out there every day and every night and put our life on the line for people we do not even know. We took an oath to protect and serve our fellow man. We will not shirk from our responsibilities as America’s first line of defense. We owe that to ourselves and our families. We owe that to our fellow officers, and to the public that we swore to protect. Today and every day, we rededicate ourselves to that mission.
Slainte!
Mark your calendars for the following meetings and events by the POA and its friends and supporters. All dates and times are subject to last minute changes, so always contact the event coordinator to confirm dates and times. If you have an event you would like posted on our calendar, contact the editor at journal@sfpoa.org. Download the calendar.
On June 25, 1950, the Korean War began when soldiers from the North Korean People’s Army poured across the 38th parallel, which was the boundary between the Soviet-backed People’s Republic of Korea to the north, and the pro-western Republic of Korea to the south. By July, American troops had entered the war on South Korea’s behalf after the United Nations Security Council decided to dispatch UN forces. Twenty-one countries eventually entered the conflict with the United States providing 88% of the UN Forces. Although it was called a “Police Action” by President Harry Truman, I am sure those who shed their blood on the battlefield, and the families of those who were killed in action, knew it only as a war.
After numerous advancements and retreats by both sides, many consider this war to have ended in a stalemate. At the end of the on July 27, 1953, the Korean Demilitarized Zone remained at the 38th parallel.
The Korean conflict is often referred to as “The Forgotten War” since it rarely received the attention, both during and after the war, on the scale of World War II or the controversial Vietnam War. Nonetheless, there were tremendous sacrifices and losses during the conflict. Buried in the Presidio National Cemetery are 2,273 Americans ‑ many from the city and Northern California ‑ who served in that war.
Including those buried in the Presidio, other numbers to reflect upon are:
Now, those who made the ultimate sacrifice in this conflict, and the veterans who served are no longer forgotten ‑ at least not here in San Francisco.
After more than six years of planning and fundraising by a distinguished group of veterans of the United States and the Republic of Korea Armed Forces, there was finally a ground-breaking on December 1, 2015 for the Korean War Memorial in the Presidio of San Francisco. This group established the Korean War Memorial Foundation, and they spearheaded the cause in establishing a memorial. This memorial would not have been possible without the generosity of thousands of individuals and organizations who believe in freedom and who refused to let the sacrifices made by so many remain forgotten in our great city.
The SFPOA contributed early on to this memorial, and I was honored to attend the dedication and ribbon cutting ceremony on Monday August 1, 2016. Further proving that we have not forgotten, there was an overflow crowd in attendance on that day. We heard from many veterans including KWMF Officers the Honorable Judge Quentin Kopp (Ret.), the Honorable Pete McCloskey former U.S. Congressman, Man J. Kim, and John R. Stevens just to name a few.
The ceremony was held on the edge of the Presidio Cemetery at Lincoln Boulevard and Sheridan Avenue. It was very touching and moving. The location of the memorial with San Francisco Bay and the iconic Golden Gate Bridge as backdrop was ideal and poignant since so many soldiers departed for this war by sailing through the Golden Gate. The inscriptions and images along the 10-foot black stone wall of the memorial tell a story of those who served and suffered.
I fear that my words in this article fall short and cannot fully describe the sanctity of this site. You must go there and be on the grounds of the memorial in order to capture the full experience. You will not regret doing so, as you will have demonstrated that those who have served and sacrificed in the Korean War have not been forgotten.
Slainte!
In the September 16, 2016 edition of SF Gate there was a headline article of “Adachi says defendant in BART arrest had the right to fight police.” Apparently Public Defender Jeff Adachi will be arguing in court that his client’s “actions were necessary in order for him to save his life.” Part of those actions condoned by Mr. Adachi were the biting, kicking, and finger gouging of the police officers along with spitting on them by the defendant. This combative resister was even able to kick the body worn camera off of one of the officers.
This incident occurred on July 29, 2016 at the Embarcadero BART Station where two uniformed BART police officers attempted to legally detain a suspect based on several 911 calls for help.
The suspect was eventually taken into custody and will receive due process in a court of law. But Mr. Adachi has knowingly, or perhaps unknowingly, endangered his future potential client’s safety and well-being. His foolish comments also place law enforcement in further peril.
Here’s why:
Everyone accused of a crime or violation of the law has a constitutional right to challenge any accusations or charges against them. Everyone is presumed innocent until proven guilty by a court of law or by a jury of their peers following due process.
Mr. Adachi apparently now believes that suspects should seek disposition on the street with the cops when they are lawfully confronted or detained even though the cops are sanctioned, by law, to investigate and enforce our society’s laws.
Mr. Adachi’s advice is reckless and dangerous and he knows better. But he is blinded by his thirst for self-promotion. Those who have or will commit criminal acts may now be emboldened by Mr. Adachi to resist arrest or fight a cop rather than submit to a lawful order by a police officer. These actions may lead to officers utilizing other force options against a combative individual. In the worst case scenario if a suspect produces a weapon then the outcome could be disastrous for both the suspect and the officer.
All officers are bound by rules, regulations, policies, and procedures, along with State and Constitutional obligations and restrictions. Below is language of California Penal Code 835a. It is clear and members of the SFPD, along with all Peace Officers in California, are obligated to adhere to it. This section of the California Penal Code is so important that it is included in the Use of Force policy for the SFPD.
835a PC
Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.
A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.
Mr. Adachi’s reckless statements have done nothing more than place the most vulnerable in our community at further risk when they encounter the police. He has shown his continued disregard for the safety of first responders who must deal with extremely complex issues in an unreasonably short period of time.
Mr. Adachi can afford that luxury. He sits in his ivory tower wearing his Armani suits and his Cartier watch, judging everything from ten seconds of video, and then retreats to his mansion in Saint Francis Wood at the end of every day.
Unfortunately the cops on the street, unlike Mr. Adachi, don’t have that option. They go into harm’s way 24/7 and do not have the benefit of being Monday morning quarterbacks.
Slainte!
Mark your calendars for the following meetings and events by the POA and its friends and supporters. All dates and times are subject to last minute changes, so always contact the event coordinator to confirm dates and times. If you have an event you would like posted on our calendar, contact the editor at journal@sfpoa.org. Download the calendar.