Transcripts For KNTV NBC Bay Area We Investigate 20240712

And tonight, were returning to some of our Investigative Units recent reporting on Law Enforcement and their use of force. We look at the restraint technique that took the life of george floyd and find out which departments may be using it here in the bay area. Jaxon van derbeken and follow the career path of one officer who leaves one department for another just before facing discipline in the shooting. Stephen stock we go to palo alto, where officers face multiple lawsuits and allegations of misconduct regarding their use of force. Bigad shaban and we examine the racial diversity of our Law Enforcement agencies. Do officers actually reflect the communities they were sworn to protect . Candice this is an nbc bay area investigative special, the use of force. Hi everyone, im candice nguyen, an Investigative Reporter with the unit. Many of you have probably seen it, the cellphone video taken on may 25 showing Minneapolis Police officer derek shavin pressing his knee to the back of George Floyds neck for more than 8 minutes before he died. Several videos have since surfaced showing other officers using a similar knee to neck restraint. One of those videos shows an incident right here in the bay area. The video of derek shavin using his knee to restrain george floyd before his death looks similar to other videos now coming to light. Male stop resisting. Candice one of them, an incident in january involving San Francisco police. You see an sfpd officer with her knee appearing to be on a mans neck while she talks to him. Female we ordered him to leave, but he didnt want to. Candice after the cellphone video circulated over the weekend, San Francisco Police Released the body cam footage from five different angles showing more of the incident. We spoke to lieutenant mike nevin with the departments field tactic force options unit. Does San Francisco Police Policy allow for officers to use their knees on someones neck to restrain them . Mike nevin no. What i saw in the video from minneapolis, minnesota was horrific. Candice San Francisco police chief William Scott ordered an administrative review of the january incident and invited the Citys Department of Police Accountability to independently investigate the arrest. Male are you injured . Candice our Investigative Unit reached out to more than a dozen other Law Enforcement agencies throughout the bay area. These police and sheriffs departments told us they do not allow their officers to place their knees on necks to restrain someone. San jose Police Responded to our questions about kneeneck restraints, saying, our policies cannot cover every situation. Over the course of our reporting, we learned there are a few local agencies that do allow a restraint technique called the carotid hold. Thats when pressure is placed on a major artery in the neck. The carotid hold can result in serious injury or death to criteria for whats considered a use of force incidence. The third, as well see next, is when officers fire their weapon. Jaxon when a Police Department determines a use of force is unnecessary, that can trigger a lengthy disciplinary process. Some officers retire, but others, critics say, simply move on to other departments before the process is over. They call that a revolving door, and we found records of just how that happened here in San Francisco. This video doesnt show the Actual Police shooting of luis gongora pat, but you see officers approach him. And then you hear it. [gun firing] police say gongora pat, who was living in a tent nearby, threatened them with this knife. Newly released documents of the threeyear long internal investigation confirmed the department determined officer Michael Maloney unnecessary escalated the confrontation by firing four bean bag rounds at gongora pat. [people shouting] you can then hear on the tape when maloney and a sergeant opened fire. Both said gongora pat came at them with a knife. While a review backed the officers for the actual shooting, the Citys Department of Police Accountability wanted maloney suspended for 45 days, and the internal Affairs Division sought a 10day suspension. But just one day before that happened in august of last year, maloney resigned and went back to the Antioch Police force, where he had been honored as an officer of the year. This is him with the Antioch Police chief before he rejoined the department. Adante pointer and you have essentially a revolving door of abusiveness that just gets transferred from one community to the other. Jaxon civil rights attorney adante pointer represented the gongora family, who sued for wrongful death and ultimately settled with San Francisco for 140,000. He said the family is still angry. Adante and not only did he manage to escape punishment, but he alsohe also managed to get another opportunity to go to yet another city, another community, and continue his career as a Police Officer with thesewith this discipline sight unseen until today. Jaxon Antioch Police sent us a statement late today, saying they didnt know maloney was facing suspension when they hired him because, at the time, the shooting had been ruled justifiable by the San Francisco district attorneys office. And there was no decisional document provided to the background investigator that sustained allegations of misconduct. At wednesdays San Francisco Police Commission meeting, commissioner John Hamasaki addressed the overall issue of problem officers moving between departments. John hamasaki anytime anybody gets in real trouble, in discipline, they resign and they leave. If somebody resigns, there is no finding, so theres no transparency. Nobody knows about the bad conduct that took place. Jaxon we reached out to the officers attorney, but did not hear back. The issue of officers being able to jump from one department to another to escape discipline has been highlighted by San Franciscos new district attorney, chesa boudin. He says hes looking for ways to close the loophole and keep the officers with troubled histories from being hired in the first place. Candice after the break, we return to palo alto, where there are renewed calls for reform following two federal civil rights lawsuits brought against the Police Department involving the same officer. Uber and lyft are like every big guy ive ever brought down. Prop 22 doesnt help their drivers it denies them benefits. 22 doesnt help women. It actually weakens Sexual Harassment laws, which are meant to protect them. Uber and lyft arent even required to investigate Sexual Harassment claims. I agree with the la times no on 22. Uber and lyft want all the power. So, show them the real power is you. Vote no on prop 22. Is you. Stephen almost one year after we first reported on an incident involving palo alto Police Officers using force to remove a man from his home, the Department Finds itself once again on the defensive. A new civil rights lawsuit has been filed in federal court involving one officer who we found has already been the focus of other investigations. This video is at the center of the latest city rights lawsuit just filed against palo altos Police Department. On the left is store Surveillance Video from happy donuts. On the right, newly released Police Body Worn camera footage. Julio arevalo can be seen going to the store late at night to get his son a donut in july 2019 when hes confronted by palo alto Police Officer Thomas Destefano jr. Thomas destefano jr. im out with a probationer, hes walking away from me. Julio arevalo i shouldve just stayed home. Stephen arevalo tells us he doesnt remember anything from that night, but the video shows arevalo attempting to walk away from agent destefano. Julio am i being detained . Thomas yeah, you are. Stephen as the officer tells him hes being detained because hes on probation. The video also shows destefano pushing arevalo against a fence. As arevalo holds on to that fence, destefano slams him to the ground in what the officers report later calls a left arm bar take down. The video shows arevalo going limp as his head hits the concrete. He was taken to the emergency room, where doctors diagnosed him with a fractured orbital bone. Julio in the video, theres just the bag of donuts flying when he just grabs me. Stephen in his report, agent destefano said he thought he saw a drug exchange, although the Surveillance Video doesnt appear to show any drug deal at all, and no drugs were ever found. Police forwarded the case to the das office for review for possible charges of resisting arrest, battery on a peace officer, and being under the influence. But nearly a year later, arevalo hasnt been charged with anything. Thomas come on out or were going to kick the door in. Male how, do you have a warrant . Thomas we dont need one. Come on out. Stephen thats also agent destefano, yelling in this 2018 video captured on another residents Home Security camera. The video shows Police Officers pull Gustavo Alvarez out of his home over suspicions that hed been driving with a suspended license, all charges that were later dropped. [speaking foreign language] destefano shut up. Stephen the video also shows veteran Palo Alto Police Sergeant Wayne benitez, the supervisor on the scene, slamming alvarezs head into the cars windshield. Wayne benitez you think youre a tough guy, huh . Stephen and now, the fbi is investigating palo alto pd as well. While federal and city officials will not comment, documents from last fall show that federal civil rights investigators requested the entire alvarez case file. Robert johnson i will hold this team accountable when necessary, and i want the community to continue to hold us accountable. Stephen appearing before Palo Alto City Council on february 25 just before the covid outbreak, chief Robert Johnson promised transparency, while some angry residents expressed their frustration with the Police Department. Female this is unacceptable. We cannot get better unless we get out of denial. Stephen but Chief Johnson continues to refuse to answer any questions from nbc bay area about either of these cases. And it took more than ten months for his department to release destefanos Body Worn Camera footage. The departments use of force report from arevalos july case was not completed for more than five months after we started asking questions. Male so, you got into a fight here earlier . Male yeah. Stephen in the use of force report, arevalo told investigators he had been in a fight earlier before the incident with agent destefano. The report, dated december 11, 2019 determined the officers force, quote, appeared reasonable and within policy. But it also found discrepancies between destefanos report and the video that supervisors say warranted further investigation. Robert i want the community to also know that im not naive to the fact that we have been subject to some very serious allegations over the past year. I want to assure you that i take these allegations extremely seriously and misconduct will not be tolerated. Stephen so far, despite numerous requests for comment and for records, palo altos Police Department has yet to release the results of any further investigation into the apparent discrepancies found in officer destefanos report. Candice coming up, we look into how well Police Departments right here in the bay area reflect the racial diversity of the communities they serve and found notable discrepancies. And finally, well show you how researches are trying to track and analyze use of force incidents around the country, something they say will pave the way for reform. Dontgrand opening flooin san leandro comfortably shop our wide aisles and be amazed with our even wider selection. Discover the perfect floor at the perfect price in whatever way is perfect for you. Explore floor and decors newest east bay area location november 2nd. Asof being stretched too thinar to do my job right. And its not Just Health Care workers. Our teachers and school staff are going the extra mile for our kids. Our firefighters are taking on unthinkable missions to keep us safe. How can we keep giving billions in tax breaks to rich corporations when our communities need that money . Prop 15 closes corporate loopholes and invests in our schools, health care, and Public Safety. Help us do our jobs. Vote yes on 15. Bigad many advocating for Law Enforcement reform believe hiring a more diverse and Representative Police force could actually reduce officer misconduct. We look into that research and find out which Police Departments actually look like the communities theyre supposed to serve. Rob davis my name is rob davis, and im a former chief of police in san jose, california. Bigad the former top cop spent 30 years as an officer in san jose, but for the past decade has worked as a consultant with the Security Firm hillard heintze, where hes helped reform Law Enforcement agencies across the country, including those struggling to diversify their ranks. Rob your Police Department has to be reflective of that community. Bigad for those who might think if you have an officer who is well trained, what difference does their skin color or gender make . Rob well, thats a knee jerk reaction on the part of a lot of people, but i think we all have certain types of biases. So, i think that having those people on your department that represents these Different Community groups helps them understand, when theyre in the community interacting with the community, some of the sensitivities of the different cultures. Bigad our Investigative Unit took a look at diversity rates inside some of the largest Police Departments in the bay area. In san jose, africanamericans make up about 3 of the population and about 4 of the police force, according to the most recent Data Available on the departments website. Hispanics make up 32 of the population, but only 23 of officers. Bill scott we recruit a diverse pool of candidates, and we will continue to do that. Bigad San Francisco police chief bill scott says his force is fairly representative of the citys population, but the number of africanamericans living in San Francisco has decreased dramatically over the past few decades. Black people only make up about 6 of the population and about 9 of the police force. And while asians are about 36 of the population, they only make up about 23 of officers. White people account for 40 of the city and 48 of Police Officers. Bill so, im satisfied generally with the diversity of department. Were a very diverse department. When you have a diverse collective of perspectives, you usually have a better product in terms of policing and better outcome. Bigad in oakland, about 24 of the population is black, but only 16 of officers are. Could a more diverse Police Department actually lower the prevalence of abuse within a Police Agency . Rob theres just a natural, organic way in which people become a little bit more openminded, a little bit more progressive thinking, a little bit more compassionate and empathetic because they see in these individuals their own friends, their own colleagues, their own peers. Bigad one study in the American Society for Public Administration looked at hiring trends at Police Departments in the uk and found more diversity often led to Less Police Misconduct and fewer complaints about officers from minorities. In the bay area, gender remains the largest diversity gap among officers, with men comprising as much as 90 of some departments. Some calling for reform have shifted their demands to the defunding or even disbanding of Police Departments. Now locally, some Law Enforcement agencies are facing the very real possibility of major budget cuts so that money can be reallocated to other agencies who are equipped to respond to a crisis without a gun. Stephen the Us Justice Department estimates as many as 54 million americans had some sort of contact with a Police Officer last year. Thats everything from a traffic stop, to an arrest, to filling out a Police Department, to yes, police shootings. But unless a suspect is killed by an officer, there is right now no central clearinghouse to track police use of force incidents nationwide. And that, experts say, needs to be changed. Male sir, calm down. [speaking foreign language] stephen this video shows officers using force to control a person deemed a threat to those around him. Both Police Officials and an independent expert all agreed this was appropriate given the situation. Experts also say police can learn from these incidents by precisely tracking them. Matthew hickman its one of the most critical pieces of information we can collect about the police in a stephen dr. Matthew hickman chairs the department of criminal justice at Seattle University. Matthew we really do need systemic Data Collection to help establish the reality of police use of force. Stephen five years ago, dr. Hickman teamed with a private Company Called Police Strategies, also based in seattle, to begin tracking data showing how, when, and where police use force. Matthew with these data, we can start to understand how use of force incidents evolve, and hopefully lead to better policies and training so that we can try to minimize injury. Bob scales so, you cant have an evidencebased policy or evidencebased training if you have no data to back it up. Stephen bob scales is a former prosecutor and assistant director for seattles Public Safety department. He helped found Police Strategies. Bob without the data to back it up and see a before and after of the training, we dont know if the training has had any impact on how officers behave and how they use force. Stephen for example, separate Research Conducted by the use of force project shows that Police Departments that ban chokeholds can significantly reduce the number of incidents that end in death. Eddie garcia we banned the chokehold. Stephen San Jose Police chief eddie garcia says his department began giving Seattle University and Police Strategies their use of force data five years ago. San jose is one of only 88 agencies nationwide participating, along with daly city, capitola, and just recently vallejo pd. Eddie to see a transparent view of this is what your officers are doing, this is when they had to use force, why they had to use force, and who theyre using force on. Stephen by using this data and analysis, chief garcia has actually changed policy. He now asks his officers to use tasers more frequently to subdue unruly subjects than batons or nightsticks. Tasers remain controversial. Critics say officers tend to deploy them too quickly, sometimes with deadly results. But the data in san jose shows actual injuries are down. Bob so, we were seeing fewer fractures and serious bodily injuries because they were using the taser rather than a baton. Stephen the data also shows san jose pd saw use of force incidents drop 13. 4 from 2015 to 2019, the time the tracking has been taking place. And some Racial Disparities are disappearing. Five years ago, when San Jose Police arrested a hispanic man, there was an 11 greater chance they would use force on him than when they arrested a white man. Today, that hispanic person has a 2 lower chance than a white person of seeing force used against him. Eddie we have a lot more work to do, but i think the expectation is that we are moving that needle in that, you know, that this tool absolutely helps us do that. Stephen the use of force project agrees with those numbers, but still gives san jose an f grade for its deadly use of force data, noting that in 2018, hispanics were 3. 4 times more likely to have deadly force used against them than white people. Is that the biggest problem right now is people just dont know and theres not enough Data Analytics to say what works, whats effective . Bob i mean, you shouldnt implement any reforms if youreif youre unable to measure the impacts. It may be good training, it may be bad training, or it may be a waste of money. We dont know without the data. Stephen bob scales says there will only be Real Police Reform on this issue when the 18,000 different Law Enforcement agencies around the country are required to turn over their data every year so that their police use of force incidents can be tracked accurately nationwide. Well be right back. Official ballot drop box near need to fiyou . He closest just visit vote. Ca. Gov to find your nearest location. Then drop off your ballot. Your vote will be secure and counted. There are other ways to vote too. Just return your votebymail ballot at your voting location or mail it back. Or you can vote safely inperson during early voting or on election day. Vote the way youre most comfortable but vote by 8pm on november 3rd. How can i, when you wont take it from me you can go your own way xfinity mobiles fast nationwide 5g network meets the first iphone with 5g. Get the new iphone 12 on xfinity mobile. And right now get 250 off. Learn more at an xfinity store today. Its also reminded so many people of our countrys long history with social injustice and inequity. Its also sparked conversation between legislators, Law Enforcement, and the communities theyre sworn to protect about how best to move forward. This is a Pivotal Moment happening in the midst of an ongoing pandemic. Thank you for joining us. For the Investigative Unit, im candice nguyen. Well see you again soon here on nbc bay area, where we investigate. Welcome in to a week eight edition of 49ers game plan. Here with you for the next half hour. Well hear from Kyle Shanahan and greg papa. But first, lets get a look at our field vision, brought to you by zenni. Changing the game in eye wear finally making prescription glasses affordable for everyone. The 25th overall selection in last years draft seems to be getting more comfortable in shanahans system by the week. We saw spurts