Category Archives: Police violence

Vallejo says it ‘inadvertently’ destroyed records in five police shooting investigations

The records were destroyed in early 2021 before their destruction was allowed under city policy.
Vallejo police officers shot and killed Mario Romero in his car on Sept. 2, 2012. The city says it ‘inadvertently’ destroyed records from Romero’s case. Photo: Vallejo Police Department.
Vallejo Sun, by Scott Morris, December 1, 2022

VALLEJO – The city of Vallejo “inadvertently” destroyed audio and video records in five police shooting investigations from the department’s most violent two-year span before the material would have been publicly released as required by law, according to the Vallejo City Attorney’s Office.

The records were destroyed in early 2021 before their destruction was allowed under city policy. Assistant City Attorney Katelyn Knight revealed that they had been destroyed in a series of emails in response to several public records requests for audio and video materials by the Vallejo Sun.

Evidence destruction logs released by the city indicate that the evidence was destroyed on Jan. 11, Jan. 13 and Jan. 20, 2021, and each item indicates that the city attorney’s office approved their disposal. The Sun requested all police shooting records in the possession of Vallejo police in early 2019.

The records could have provided insight to one of the department’s most violent and scrutinized periods, when Vallejo police killed six people in 2012. Some of the records destroyed were from one of the most controversial shootings in the department’s history: the killing of Mario Romero by Officers Sean Kenney and Dustin Joseph on Sept. 2, 2012.

Romero was sitting with his brother-in-law in a parked car when officers approached them and allegedly told them to put their hands up. Kenney and Joseph fired at the car, reloaded and fired again, only stopping after Romero slumped back into the driver’s seat. Family members who witnessed the shooting say they saw Kenney continue to fire while standing on the car’s hood. Romero was shot 30 times and died at a hospital. In 2015, Vallejo paid a $2 million settlement to Romero’s family.

The records destroyed in the Romero investigation include recordings of interviews with Kenney and Joseph, interviews with witnesses, documents from those interviews and video of officers canvassing the neighborhood for witnesses, among other evidence, according to destruction logs released by the city.

According to the city’s retention schedule, it is required to retain such records for five years following closure of the case, well short of the 25 years recommended by the state Department of Justice. In the Romero shooting, the administrative investigation was not reviewed by then-police Chief Andrew Bidou until September 2016. The city destroyed the records on Jan. 11, 2021, less than five years after Bidou’s review, while several requests for the material were pending.

Knight said that the other shootings affected were the fatal shooting of 44-year-old Marshall Tobin by Officers Joseph McCarthy and Robert Kerr on July 4, 2012; the fatal shooting of 42-year-old William Heinze by Officers Dustin Joseph, Ritzie Tolentino and Josh Coleman on March 20, 2013; the fatal shooting of 57-year-old Mohammad Naas by Officer Steve Darden on June 8, 2013; and the injury shooting of Tony Ridgeway by Officer Josh Coleman on Aug, 24, 2013.

Coleman recently testified in Solano County Superior Court that after the Heinze shooting, then-Sgt. Kent Tribble bent the tip of his badge to mark the shooting in a bar across the street from police headquarters while Joseph was present. Coleman testified that no one would be allowed to watch the badge bending ritual unless they had also participated.

Coleman has since left the department to join the Napa County Sheriff’s Office and Joseph is a police officer in Fairfield, where he has been the target of protests following the revelations that officers participated in the badge-bending tradition.

The city has also refused to release an outside investigator’s report on the badge bending ritual, leading the American Civil Liberties Union to sue the department to compel its release last week.

The destroyed records had previously been secret under state law, but became public records after the state legislature passed SB 1421 in 2018, which made investigations into police shootings public records. The city received numerous public records requests for any such records once the law took effect on Jan. 1, 2019, but it has struggled to comply and has been releasing records at a snail’s pace for nearly four years.

Knight said that the city would not destroy any further records until its public records requests are completed and that the city had taken steps to ensure that no further records are destroyed.

But Knight declined to say what steps were taken. “While we are unable to share privileged communications from our office to City Departments, the City has in place an administrative process for records management,” she wrote.

Latest ‘Our Voices’ – First-hand Witness to Racial Profiling and Police Injustice


BENICIA BLACK LIVES MATTER
…OUR VOICES…

From BeniciaBlackLivesMatter.com
[See also: About BBLM]

“As a young woman, I was a first-hand witness to racial profiling and police injustice. It irrevocably changed my perspective about law enforcement…”

November 8, 2021

74 year old white woman
Benicia resident for 6 years

I was born and raised in the Bay Area. When I was a young woman, it was an exciting time. It was a time of activism. Anti-war protests and the Civil and Women’s Rights movements were powerful and seemed to be changing the shape of the future as I watched with fascination and anticipation. The world was becoming a better place for the young and the historically disenfranchised. I was looking forward to a more equitable world, and I considered myself to be part of this change. I was optimistic, energetic, educated, and ready to roll up my sleeves.

In 1972, I was an art teacher at Lincoln High School, which is in a very integrated part of San Jose. The school saw their multi-ethnic student and family population as an opportunity to build a mutually respectful and open community, and racial problems were rare if present at all. That year, the YMCA leased an old three story mansion right behind my school and opened up a Youth Center. I was offered the directorship, and I enthusiastically accepted. It didn’t matter to me that I was working two full time jobs. I was in my early 20’s with lots of energy. It was meaningful work, and I was ready to take on the world.

The Teen Center was a fun place for kids to hang out after school. The old building had lots of passageways and interesting spaces to explore. We put a pool table in the old formal dining room. Kids and adults worked together to fix up the old place with donated paint, hammers and gardening tools. After school was out, the music came on, and the Center became a place of youthful activity. My job was wonderful. I walked around making sure things were flowing and that the staff and students were engaged in healthy activities. When adolescent tempers flared, I was on hand to redirect and facilitate a peaceful conclusion.

And then one afternoon, my ideals were shattered. It was around 4pm when a group of 8-10 of my teenage boys got into an argument on the front lawn that escalated quickly. By the time I got to the scene, it had turned into a fist fight. It was very public and very loud. The boys were all around 16 and 17 years old and were nearly adult sized. They were of mixed ethnicities, and, although I don’t remember the precipitating cause, it was not about race. Of that I am certain.

I had been ineffectively trying to de-escalate the energy for about 15 minutes when the police showed up. Apparently, a concerned neighbor had called upon hearing or witnessing the scene. The two police officers who pulled up were white. They didn’t ask any questions. They pushed me aside and ignored my protestations. They simply pulled their guns and ordered the Black kids – not the white kids – to back down. When that didn’t happen immediately, they threatened to shoot. The boys, still wrapped up in their argument, kept fighting even after the guns were drawn and they were being threatened. I don’t even think they noticed. Then a shot was fired, and one of my kids went down. He was one of the Black students. The fighting abruptly stopped.

I was in shock. I watched in disbelief as the officers took a report, primarily calling out the Black youths who were part of the fight. An ambulance was called, and my injured student was taken away. He died later that day.

This was a fight that I am certain I could have eventually stopped. It was a fist fight, one without weapons. This was the kind of fight that hormonally charged teenage boys typically engage in and then it’s over. No one was going to be seriously hurt. No property was being damaged. No outside parties were involved. No one’s life was in danger. Not until the police showed up.

This was the first time I witnessed abject racial targeting by law enforcement. Although it was and tragically is still a common experience, as white woman I had not been privy to the blatant imbalance of justice until that moment. All of the boys in the fight were equally involved. Less than half of them were of Color, and yet, it was Black ones who were in the sights of the officers’ guns. It was the Black boys who were blamed. And it was the Black kids who suffered the consequences. No charges were levied at these officers. The family of the boy who was killed suffered their pain quietly and without protest. I sat with the family and did an announcement and an article for the school, but no more came of it. The community mourned, and then it was over. I lost my enthusiasm for the job and moved on when my contract was up. Teen Center eventually closed and the building was razed.

Today, we recognize and challenge the prejudices of law enforcement, the injustices of the racial profiling, and the “shoot first, ask questions later” attitude of some of our law enforcement agents. I’m glad to see a movement towards better police training, integration of social services, more conscientious use of weapons, and oversight over law enforcement agencies, but we have a long way to go. My fifty year old memory of watching helplessly as a young man, for whom I was responsible, was killed just because he was involved in a teenage scuffle and his skin happened to be Black. It has left an indelible imprint upon my soul.


Previous ‘Our Voices’ stories here on the BenIndy at
Benicia Black Lives Matter – Our Voices
     or on the BBLM website at
beniciablacklivesmatter.weebly.com/ourvoices

California joins 46 other states, can now decertify bad cops

Open Letter: Holding Police Accountable, particularly in Vallejo

Vallejo Times-Herald, by Susan George, October 8, 2021

On Sept. 30, California joined 46 other states with the legal means to decertify bad cops, those who engage in serious misconduct. Thanks to the hard work of state Sen. Steven Bradford, Gov. Newsom signed Senate Bill 2, the Kenneth Ross, Jr. Police Decertification Act of 2021.

While important for California, this legislation is particularly meaningful for Vallejo, where 19 — mostly young Black and Brown men — have been killed by Vallejo police since 2010. This is one of the highest rates in the country. Fourteen officers — aptly named “the fatal 14” — have been involved in multiple killings with no consequences. They leave behind the devastating loss of their victims’ family members and civil rights settlements for their misconduct paid out by the city, totaling some of the highest in the nation.

Elected Vallejo Assembly District 14 delegates Brenda Crawford, Susan George, Ruscal Cayangyang, Susannah Delano and Thomas Bilbo successfully joined forces with all Region 2 delegates last March to ensure that SB 2 was formally endorsed by the California Democratic Party. Assembly Member Timothy Grayson and Sen. Bill Dodd both signed off on the bill.

This legislation is an important step in holding Vallejo police accountable, but ongoing community action and proper enforcement will be critical to any lasting change.

— Susan George/Vallejo

Finally! Solano County Supervisors schedule discussion on Sheriff oversight board

Solano supervisors to discuss possible new oversight of sheriff’s office

JohnGlidden.com, by Scott Morris, Aug. 30, 2021
Solano County Sheriff Tom Ferrara

VALLEJO – The Solano County Board of Supervisors will have a discussion in September or October about possibly instituting a new oversight board of the Solano County Sheriff’s Office.

Such a board would be authorized under new state legislation passed last year that allows the supervisors to create an oversight board with subpoena power. Members of Benicia Black Lives Matter pushed for oversight following revelations that members of the sheriff’s office posted symbols associated with the Three Percenter anti-government group on social media.

Only Supervisor Monica Brown of Benicia supported even discussing an oversight board in previous meetings, but to add an item to the agenda requires two supervisors’ support. On Tuesday, Brown made a motion to agendize the discussion again and Supervisor Erin Hannigan supported it. Brown said there could be a meeting on the issue on Sept. 28 or Oct. 5.

Hannigan did not respond to questions about why she changed her mind about the discussion. But a new federal civil rights lawsuit filed in August alleged that sheriff’s deputies beat a Black woman unconscious for no reason during an encounter over mismatched license plates and then lied about it in reports. The sheriff’s office contends that the woman struck a deputy in the face, but body camera video doesn’t corroborate that statement.

“We’re happy, but why did it take a Black woman getting beaten unconscious for the board to take our request seriously enough to put the item on the agenda?” said Benicia Black Lives Matter co-founder Nimat Grantham. “Erin was the first person who I would expect to second that motion and she never did until now.”

Following revelations in February that members of the sheriff’s office had posted Three Percenter symbols on social media, members of Benicia Black Lives Matter wrote letters to the sheriff demanding an investigation and requested that the county’s civil grand jury take up the issue. Sheriff Tom Ferrara responded by saying that the FBI had cleared his deputies of any extremist affiliations, which the FBI disputed.

Then in April, members of Benicia Black Lives Matter called in to a Board of Supervisors meeting asking for the supervisors to institute new oversight of the sheriff’s office under AB 1185. But when Brown moved to add the discussion to the agenda in a future meeting, none of the other supervisors would support it.


Benicia Black Lives Matter continued to call in to meetings pushing for new oversight. During a meeting on May 4, the supervisors cut off Benicia Black Lives Matter co-founder Brandon Greene. Later, Solano County Republicans organized in opposition to the push for oversight, asking people to call in but not identify themselves as Republicans.

The allegations that sheriff’s deputies beat a Black woman unconscious and then lied about it in reports have renewed calls for oversight of the sheriff’s office. On Tuesday, NAACP Tri-City branch president Johnicon George called in to the Board of Supervisors meeting and said he was “disturbed” by video of the incident and “disappointed” that the supervisors have refused to have any discussion about oversight.

“I’m not confident that this body respects and cares about the African American community in Solano County,” he said, pointing out that the supervisors, none of whom are Black, also declined to institute diversity training for themselves.

Any oversight discussion would be unlikely to succeed as the three men on the board, one of whom is a former sheriff’s lieutenant, each have already endorsed Ferrara’s reelection as sheriff.

Grantham said that would not deter her or Benicia Black Lives Matter from continuing to push for oversight. “It’s probably going to be a fight, it’s going to take a lot of effort to get an oversight board or even a citizens’ advisory board,” she said. “But it’s just like when they were trying to desegregate the schools in the south and Gov. George Wallace was saying ‘over my dead body’ – it seemed impossible but it took a lot of effort.”


Scott Morris is an independent journalist in Oakland covering policing, protest and civil rights. If you appreciate his work please consider making a contribution.