Video:Sacramento Pigs Shot Unarmed Black Man in His Yard 20 Times. Update:The DA won’t file charges

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http://www.sacbee.com/news/local/crime/article209448074.html

Sacramento police officers who killed Stephon Clark are back at work, but not on patrol

The two Sacramento officers who fatally shot Stephon Clark last month have returned to work, as the Police Department continues to conduct an administrative investigation into the incident, department spokesman Sgt. Vance Chandler said Friday.

The officers went back on modified duty April 9 and are not on patrol for safety reasons, Chandler said.

The department's management looks into "all the details of the incident" when deciding to allow an officer involved in a critical incident to return to work, he said. Those factors can include the circumstances leading up to the incident, witness statements and crime scene evidence.

The Sacramento Police Department has not named the officers since the March 18 shooting, citing concerns about their safety because both have received threats.

"We will continue to evaluate that on a day-to-day basis based on the threats," Chandler said about releasing their names.

Sonia Lewis, a member of Black Lives Matter Sacramento and a Clark relative, said she and other community members are frustrated with the police process following the March 18 shooting.

She questioned whether officers should have the ability to go on paid leave in all police shootings, regardless of the circumstance.

“I think there's a lot of protocols in (the Sacramento Police Department) that need to be addressed and reconfigured when it comes to officer-involved shootings," she said. “I think they would be more inclined to think before they pull the trigger."

Tim Davis, president of the Sacramento police union, said officers in police shootings have a right to a “fair and legal process” before an employer takes action to dock pay, impose discipline or terminate.

“The Sacramento Police Department has fired cops in the past, they disciplined cops when it’s appropriate, that's just part of how things work,” he said. "Those have always been done by following proper procedures ... only after a completed investigation."

Mayor Darrell Steinberg said Friday he had not yet spoken with Police Chief Daniel Hahn about the officers' status and declined to comment on the matter until he speaks with the chief.

The Stephon Clark shooting drew national attention to the Sacramento Police Department and sparked conversations about use-of-force policies and de-escalation tactics. The incident played out in south Sacramento's Meadowview neighborhood after a resident reported someone breaking car windows and hiding in a nearby backyard.

The helicopter unit describes seeing a man break the sliding glass window of a neighboring house, but did not capture that on video.

Initial body camera and helicopter footage shows two officers responding and running into a backyard after spotting Clark.

One officer yells, "Show me your hands. Gun, gun, gun," before both officers fire at Clark. A cellphone was found under Clark's body, and no weapon was found by police. It was determined that the backyard was at his grandparents' house.

While the department has not released the names of the two officers involved, civil rights attorney John Burris identified them as Terrence Mercadal and Jared Robinet after the Sacramento Police Department released footage of the incident three days after the shooting.

The department was required to release footage of critical incidents and officer-involved shootings within 30 days after city leaders passed police transparency measures in November 2016.

A separate source identified Mercadal as one of the two officers in the days following the shooting, saying he was an African American man who attended Laguna Creek High School in Elk Grove and patrolled the neighborhood where Clark was shot.

He began working as a community service officer in Sacramento in 2015 after a brief stint as a police officer trainee in Oakland, according to Transparent California, a salary database of public employees run by a fiscal conservative think tank. Prior to that, he served in the Olive Branch Police Department in Olive Branch, Miss., about 25 miles from Memphis.

Robinet joined the department in 2014, according to Transparent California. In 2016, he made $125,144, including overtime pay and benefits.

Recent cases of alleged police misconduct and officer-involved shootings show how an officer's employment status following critical incidents can vary.

The Sacramento Police Department announced Officer Anthony Figueroa, who punched a man in Del Paso Heights last April after an alleged jaywalking violation, would return to patrol roughly seven months after the incident was filmed by a bystander. He was put on paid leave shortly after the incident but returned after an internal investigation.

Sacramento County eventually settled a lawsuit with Nandi Cain, the man punched by Figueroa, after he claimed he was mistreated while at the Sacramento County Main Jail.

A separate Cain suit against the city of Sacramento and the department is ongoing.

Sources told The Sacramento Bee last June that the department moved to fire one of two officers involved in the 2016 police shooting of Joseph Mann on Del Paso Boulevard. The department and city officials declined to comment on the matter, calling it a personnel issue.

In that case, Officer John Tennis was initially taken off patrol and placed on desk duty, police said. He was then placed on paid leave months later, pending the results of the department's internal investigation. Tennis would later tell the Sacramento News & Review that he was fired following the department's investigation into the shooting.

The second officer in the Mann shooting, Randy Lozoya, retired. It is not clear whether Lozoya faced any discipline in connection to the shooting; police disciplinary records are kept confidential under state law.

 

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http://www.sacbee.com/latest-news/article210349814.html

Doctor defends private Stephon Clark autopsy as lawyers release photo of corpse

The private pathologist who said Stephon Clark had been shot six times in the back by Sacramento police issued a full-throated defense Wednesday night, rejecting the Sacramento County coroner’s autopsy findings that he was wrong as “inaccurate.”

Dr. Bennet Omalu, a prominent pathologist hired by Clark’s legal team, released a black-and-white photo of Clark’s corpse with bullet wounds and said the county autopsy report that found only three bullet wounds in the back was wrong.

“Experts may have different opinions, but a picture is a picture,” Omalu wrote. “A picture does not have an opinion.”

Omalu’s statement is the latest in a dispute over what happened to Clark, an unarmed 22-year-old black man who was shot to death March 18 by Sacramento police responding to reports of a man breaking car windows in Meadowview.

Clark, who ran from police, was shot to death in the backyard of his grandmother’s south Sacramento backyard by two officers who fired 20 rounds after they thought they saw him with a gun, police said.

Police later determined Clark was unarmed and had been carrying only a cellphone, a finding that spawned repeated protests, demonstrations and marches in Sacramento.

Omalu, who came to prominence as the pathologist who identified serious brain injuries in NFL players, was hired by Clark’s legal team to perform his own autopsy and found Clark had been shot six times in the back. He announced his determination in a March 30 news conference, and protesters quickly seized on the shot-in-the-back findings.

His report found that Clark had been hit first in the left side as officers opened fire, with the force of that bullet spinning him around and leading to his being shot six times in the back.

In total, Omalu found, Clark was hit with eight rounds.

In a dissent Tuesday, the Sacramento County coroner’s office released its own findings that Clark was struck seven times – not eight – and that he was hit in the back three times – not six.

That report, which was compiled and reviewed by five pathologists, sharply criticized Omalu’s findings and labeled them as “erroneous information.”

The dispute comes as the Clark family is expected to file a federal civil rights lawsuit over his death and as protesters have continued their campaign asking Sacramento County District Attorney Anne Marie Schubert to file charges against the two officers.

Omalu’s statement describes how he examined Clark’s body, initially finding him lying face-up on the autopsy table.

“My preliminary examination did not reveal any gunshot wounds on the anterior surfaces of his head, neck and trunk,” Omalu wrote.

The only gunshot he saw on the front side of the body was one to the thigh, he wrote, but then asked that the body be turned over “so I could examine the back of his body.”

“I discovered multiple gunshot wounds on the posterior surfaces of his neck, trunk, and right shoulder,” Omalu wrote, adding that he eventually took 138 photos of the body.

Omalu also criticized the county’s procedures, writing that Clark’s spinal cord had not been removed for study by the county, which performed its autopsy on March 20. He said such a procedure is difficult but “should have been done during the first autopsy performed by the County.”

“I stand firmly in defense of my independent autopsy of Stephon Clark and the prevailing autopsy findings,” Omalu wrote.

 

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https://www.wftv.com/news/california-activists-organize-response-to-police-shootings/742889937

California activists organize response to police shootings


SACRAMENTO, Calif. (AP) - Following the police shooting of an unarmed black man in California's capital city, activists seeking police accountability have formed a statewide network to help communities respond to police shootings and to weaken protections for the officers involved.

The Justice Teams Network, which officially launched Wednesday, includes Black Lives Matter Sacramento and Los Angeles, the Anti Police-Terror Project in Oakland and the Law Enforcement Accountability Network in Anaheim. Executive director Cat Brooks said the network provides a response model for communities to launch civilian investigations of police shootings, organize vigils and reach out to family members suddenly in the public spotlight.

"There's no support for them. That was the impetus for our model," said executive director Cat Brooks, who is a candidate for Oakland mayor.

It's also backing bills in the California Legislature that would require police to release more records on use of force and disciplinary action and to significantly restrict when police can use force.

The sometimes fraught relationship between California police and communities of color has attracted national attention following the fatal shooting of 22-year-old Stephon Clark by two Sacramento police officers in March. Clark had just run into his grandparents' backyard when he was shot by officers responding to a call of someone breaking car windows. Officers said they thought he was armed, but Clark had only a cellphone.

The Sacramento chapter of Black Lives Matter quickly mobilized protests and a vigil in the wake of the shooting, which is under investigation by the police department and the California attorney general. Through weeks of protests, including several that shut down major roadways and blocked fans from entering an NBA arena, Black Lives Matter helped keep the crowds peaceful and there were few arrests.

The group is now actively training and recruiting people to conduct civilian investigations of police shootings, using the Justice Teams Network's model, said Tanya Faison, founder of BLM Sacramento.

"It may help us with the work that we're trying to accomplish," she said.

She hopes the network can set an example for the rest of the country.

John Lovell, a California lobbyist for law enforcement groups, questioned the need for civilian investigations.

"When there are investigations about citizen complaints, about possible misconduct, the investigations by the agencies are very thorough," Lovell said. "They involve talking to everyone around the transaction whether they are law enforcement or involved citizens."

Law enforcement groups also criticize the two bills moving through the Legislature, SB1421 and AB931.

Brooks says the bills would make progress toward the network's larger goal of dismantling a set of protections known as the Public Safety Officers Procedural Bill of Rights Act.

Law enforcement groups say some records should be kept secret to ensure a fair disciplinary process and that police need to have discretion over when to use force.

The protections ensure basic due process rights for police officers in employment-related proceedings, Lovell said.

 

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http://www.capradio.org/articles/20...munities-of-color-cant-trust-law-enforcement/

Sacramento Officials Want More Community Policing, But Some Argue Communities Of Color Can’t Trust Law Enforcement

Evin Johnson works with victims of gun violence in Sacramento. He also survived a gunshot wound — not by police — and says the thought of having more cops patrolling the streets of Sacramento’s communities of color makes his toes curl.

“It would take a lot out of a black person to work with these guys every day,” Johnson said. “I think it would do something to your soul. It’s going to break you down.”

That’s what Sacramento Mayor Darrell Steinberg is up against with his goal to have police do more than just respond to calls or chase criminals. He wants to do this by having more police on neighborhood beats, something he says that Sacramento does not have anymore.

At a council meeting last month, the mayor told Police Chief Daniel Hahn that finding a way to increase community policing would be “among the greatest services” he could provide on the heels of the Stephon Clark shooting.

Steinberg asked Hahn to “lay out a strategic plan for how we get back to genuine — I don’t even want to call it community policing — neighborhood policing.”

Community policing is a style of law enforcement he says he witnessed in Sacramento in the 1990s, when many officers jobs were to walk the streets to get to know neighborhoods. Now, he says there’s too much rapid response from officers that spend most of their time in their cars. Building relationships would boost “confidence in ways that create less fear for both the community and the police officer,” he argued.

Community policing almost entirely went away when the city lost federal funding. To restore this style of policing, it'll take millions of dollars and time. Steinberg says there’s a potential way to fund this.

It’s called Measure U, which was created to restore services to police, fire and parks that were cut during the recession. The measure expires next year, and the city anticipates asking voters to renew it this fall, including the possibility of asking for more money for neighborhood officers. But residents also want more investment in communities of color.

The mayor, who says he’ll make an announcement soon, said Sacramento believes the philosophy of community policing already exists in the city.

But that’s not true for Black Lives Matter Sacramento leader Tanya Faison. Going on seven weeks, her group has held demonstrations outside the district attorney’s office, calling for justice for Clark.

When it comes to law enforcement, Faison’s ideas are dramatically different than Steinberg’s.“I want the police to go away,” she said, “but until that happens we do need to see reforms happen and they need to move in the direction of community power.”

Her goal is for the community to police itself, which is part of the reason she’s organizing a cop-watching group and a network of volunteers that can help residents during encounters with police. She says this practice of live-videoing law-enforcement activities hopefully will reduce the number of black and brown people killed by police.

Faison remembers a moment a year-and-a-half ago in Del Paso Heights, where she says cop-watching prevented a man from being shot. “As a result, they stopped acting as aggressive with him,” Faison claimed. “They took their guns down and pulled out tasers instead and then they broke his window and got him out.”

But how feasible is it that community policing can work in Sacramento?

Really tough, says Sacramento State criminology professor Ryan Getty, who says there’s no blueprint for how to establish a philosophy of community policing in a city.

Getty says elements of community policing should have started “as soon as Chief Hahn came in,” but that “now it’s highly reactive, and they [city officials] are kind of just trying to stop the bleeding” after outrage over the Clark shooting.

He teaches community policing to students wanting to become law-enforcement officers, including Sacramento police, every year, and he says it’s taught in less than half-a-day. He also explained that some officers view being put on the community beat as punishment. Getty explains that many departments thought it was “a good way to put some of these officers that weren't really making it onto the street into a different position.”

There are 646 police officers in the city, but only 15 are sort of dedicated to community policing, according to department spokesperson Vance Chandler. They’re called “problem oriented police officers,” or POP, which differs from community-oriented policing because the work those officers do often can’t be quantified or measured.

But Chandler emphasized the importance of providing for the community. “Ideally, we continue to development those relationships with our community leaders and build that trust,” he said.

Police Chief Daniel Hahn declined to discuss community policing for this story. But in an interview with Capital Public Radio’s Beth Ruyak last month, he claimed that Sacramento already has community policing.

“I would say we are absolutely, unequivocally a community-oriented police department,” Hahn told Ruyak. “There’s no question in my mind. We have been for many years.”

But the community doesn’t always agree. Evin Johnson says for community policing to be successful, the fear of law enforcement will need to come to an end.

“Unless [police] change the culture, I don’t want them to come to the community, because I’m going to be scared,” Johnson said.

South Sacramento pastor Les Simmons couldn’t agree more. He says for community policing to work officers need to be held accountable for their actions or that trust may never happen.

“Our community wants policing that is effective in saving lives even in critical moments like this,” Simmons said. “Our community wants guardians in policing and not warriors.”

 

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http://sacramento.cbslocal.com/2018/05/30/churches-stop-calling-911/

Don’t Call 911: Black Churches Urging Members To Avoid Run-Ins With Police

SACRAMENTO (CBS13) — Some churches are taking a stand telling people to stop dialing 911. They say it’s a stand against racism and policing practices fueled by increased tensions and recent incidents between law enforcement and the black community.

The push to stop calling the police is being seen in cities such as Oakland, San Jose, and Iowa City, Iowa. It’s currently not happening in Sacramento, but many are saying it’s a drastic, bold move that will only divide us more. Others say it’s necessary given our current climate.

“As a faith community that loves one another, we can’t continue to support a system that continues to hurt our people,“ said Nichola Torbett, a leader at with First Congregational Church in Oakland. She encourages residents to turn to local community groups for help, not the police

The message to rely more on the community and less on police has come amid protests seen across the country, including ones in Sacramento following the shooting death of Stephon Clark, and the arrest of two African American men at a Philadelphia Starbucks.

“There’s distrust, anxiety, there’s fear,” said Sacramento Black Lives Matterorganizer Tanya Faison.

While this approach is not being pushed by Sacramento congregations, Faison says she supports it.

“You’ve seen police have been called all over the country for very stupid reasons, and sometimes it leads to people getting killed. So to eliminate that, just don’t call the police,” she said.

Pastor Dee Emmert says public safety means something different in every neighborhood.

“Sure, if it’s life-threatening, call 911. But too often, the consequence of calling 911 is far greater than the risk of whatever that person is doing,” said Pastor Emmert, who preaches at Saint Paul’s Lutheran Church.

“We encourage folks to call us, we are here to help,” said Sacramento County Sheriff’s Department Sgt. Shaun Hampton.

Hampton hopes the message not to call 911 isn’t brought here. While it’s clear that tensions are high, the department says it has a close relationship with the faith-based community, including with its youth, and is working to strengthen ties by implementing programs such as Cops and Clergy that better connect
with the community.

“We believe in working together, building that relationship, bridging that gap, not just in the church but throughout our neighborhoods,” said Hampton.

 

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https://fox40.com/2018/06/28/hell-with-you-steinberg-defends-comments-at-testy-city-council-meeting/

‘Hell with You’: Steinberg Defends Comments at Testy City Council Meeting

SACRAMENTO -- It's not a stretch to say Tuesday's Sacramento City Council meeting was not a typical evening at City Hall.

"When you refer to members of the police force as 'the Gestapo,' I find that unacceptable. Period. End of story. You can leave, too. You don't refer to men and women in uniform as members of the Gestapo. Hell with you," Sacramento Mayor Darrell Steinberg shouted at Tuesday's meeting.

Emotions continue to run high, months after the shooting death of Stephon Clark at the hands of Sacramento police officers.

Steinberg says people have every right to express themselves at these meetings, but not with profanity or by being disruptive.

"I think I have a big heart and I'm patient. I'll listen to anybody or anybody's pain for as much time as it takes," Steinberg said. "But there's a difference between people coming and expressing themselves and people who come simply to cause a disruption."

Steinberg even banned someone, Alexander Clark, who he says has been a disruption at meetings for weeks.

"And so I'm going to ask here, publicly, that he not be allowed to come into chambers, where he has disrupted us every single time, for at least the next month," Steinberg told Clark on Tuesday.

The mayor said he would rather not to have to kick people out.

"The last thing I want to do is have to remove people from the city council chambers. But I also have an obligation," Steinberg said. "To make sure that people don't shout out, that they don't use profanity and they act in ways that are civil."

Sonia Lewis, with the Sacramento chapter of Black Lives Matter, tells FOX40 that despite some members being told not to attend council meetings, they will always be present to express their views and disappointment with the city and the mayor.

Steinberg says he didn't consider it civil when someone referred to Sacramento police as the Gestapo, calling into question the police department's policies and procedures surrounding the Stephon Clark shooting.

"I found that offensive. Believe me, criticize the police. I have," the mayor said. "I've called it unacceptable. I'm not trying in any way to stifle or stop people from expressing their heartfelt views. They may have the right to say that, but I have the right to respond, and that's what I did."

 

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https://www.sacbee.com/news/local/crime/article216317495.html

After Stephon Clark shooting, Sacramento police create new policy for chasing suspects

One night last March, two Sacramento police officers chased Stephon Clarkaround a blind corner during a foot pursuit in Meadowview, fatally shooting the young black man moments after apparently mistaking his cellphone for a gun.

Under a new policy set to be announced by the department Monday, foot pursuits in risky circumstances like the one that ended Clark’s life may be discouraged. Instead, officers will be asked to weigh their own safety, the safety of the public and the importance of apprehending the person before and during a pursuit.

“(I)t’s really a policy to give direction and guidance ... around what our officers are supposed to do, what they’re supposed to think about, what they’re supposed to weigh anytime they get into a situation when they’re chasing after a suspect,” said Sacramento Police Chief Daniel Hahn in an interview with The Bee.

The department has not completed its internal affairs investigation of the Clark shooting and Hahn said the new policy does not pass judgment on how the two officers, Terrence Mercadal and Jared Robinet, handled the chase and subsequent shooting.

But Hahn said the policy, which went into effect July 26, is a direct result of the Clark shooting and is the first major policy change the department has instituted after that incident.

Mayor Darrell Steinberg, who called for an examination of the department’s foot pursuit training after the Clark shooting, said he supported the new policy.

“I think this is a bold move and a necessary move,” said Steinberg. “(Chief Hahn) and the city promised real, tangible change in the wake of the Stephon Clark shooting, and while this is not the end of the necessary changes, it’s a crucial step forward.”

Foot pursuit policies are still relatively rare in police departments across the United States, but have been gaining traction in recent years. In 2003, the International Association of Chiefs of Police created a model foot pursuit policy, and in the intervening years, some departments have enacted policies similar to the one Sacramento has crafted. Like vehicle pursuit policies, which Sacramento has and which are common across the country, the policies came out of growing awareness that pursuing subjects presents dangers to both the officer and the public.

Hahn said several officers had been injured while chasing after suspects, and he said he knew of one sheriff’s deputy who had been killed in a foot pursuit.

The Sacramento department’s use of force committee, staffed by law enforcement and community members, looked at policies from Pasadena; Santa Monica; Portland, Ore., and Dallas before drafting the new policy for Sacramento.

The policy orders officers to continually take their surroundings and the availability of backup into account when chasing a suspect. If officers start a chase, they must activate their body-cams and tell their supervisor the reason for the foot pursuit and give a description of the suspect.

The policy also says the officers must identify themselves as officers and order the suspect to stop, something community members said the two officers didn’t do the night they chased and shot Clark. No notification of the officers’ identity can be heard on body camera footage released by the department.

Officers also have to constantly assess whether to continue a foot pursuit if a suspect runs into a building, confined space or difficult terrain, the policy states.

If it becomes too dangerous or if there are too many unknown factors, a supervisor can order the officer to stop the chase – or officers can decide to stop on their own with no repercussions for the decision.

“I don’t believe this policy will hamper an officer’s ability to do what we absolutely need them to do in our community, and I do think it will keep both officers and our community safer,” Hahn said.

Sacramento Police Sgt. Nick Echeverria, who trained new officers in foot pursuit scenarios at the police academy, said the policy could lead to safer policing by giving officers a better understanding of the risks and expectations around apprehensions.

Echeverria described a situation recently in which he told one of his officers not to chase three men who were suspected of stealing a car. The officer initially followed the suspects in his patrol car, but the men pulled into an apartment complex and bolted on foot.

Echeverria said he told his officer not to chase the men because he would be outnumbered in an area he didn’t know, and one of the suspects was armed with a gun, making a chase more dangerous.

“These officers truly believe it’s their job to catch people who are suspected of committing crimes, so this policy is especially important for our newer officers,” he said.

Police union leader Tim Davis said he supported the policy because it allows discretion for officers while providing clarity on the department’s expectations.

“It balances everybody’s needs,” Davis said.

Sonia Lewis, a local leader of Black Lives Matter, said she also believed the policy was “a step in the right direction,” but said she believed more needed to be done to change the department culture to ensure policies like this and others were implemented at the street level.

Plumas County Sheriff’s Deputy and police use-of-force expert Ed Obayashi said the policy is valuable because it gives direction to an area of policing often left to impulse.

“It’s natural to start chasing someone when they’re running away from you when they’ve committed a crime or are suspected of committing a crime,” Obayashi said. “That’s just instinct. But the idea here with these policies is to better guide officers in making that decision. Is it worth it to chase this person?”

Obayashi said he did not believe the policy would have changed the outcome of the Clark shooting.

Obayashi said the officers in the Clark shooting “had reasonable suspicion that Clark had committed felonies,” Obayashi said. “In those circumstances the officers have no choice. If someone is trying to break into a home, those officers are obligated to apprehend that subject.”

“No policy I know of would have stopped or prevented it,” he said. “If the Stephon Clark incident happened next week and this policy was in place, it would not have prevented what happened.”

The Clark incident began on March 18, when Sacramento Police officers responded to a 911 call reporting a man breaking into cars in Meadowview. A man was also seen by Sacramento County Sheriff’s deputies in a helicopter apparently trying to break a sliding glass door.

Two responding officers were guided to Clark by a deputy in the helicopter. The officers pursued Clark on foot in a seconds-long encounter that began when they spotted him in the driveway of what later was discovered to be his grandmother’s house. The officers chased him into the backyard and shot him multiple times.

The Clark shooting set off weeks of protests that shut down freeways, blocked entrance to the Golden 1 Center and captured national headlines.

The foot pursuit policy will be publicly discussed at the Sacramento Community Police Review Commission meeting, Monday night at 6 p.m. in the City Council Chamber

 

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https://www.sacbee.com/news/local/crime/article217941725.html

Stephon Clark family seeks $35 million in Sacramento police shooting of unarmed man

The family of Stephon Clark, the unarmed 22-year-old black man shot to death by two Sacramento police officers in March, has filed wrongful death claims with the city seeking up to $35 million for his death, a source told The Sacramento Bee.

City officials did not immediately provide the documents Thursday, but issued a news release saying the claim forms seek damages “in excess of $15 million” for “nine separate causes of action that include negligence and wrongful death.”

A source said the claims were filed by Los Angeles attorney Dale Galipo and other lawyers seeking $20 million for Clark’s two children and $15 million for his grandparents and parents.

The documents were filed less than two weeks before the six-month deadline for submitting a wrongful death claim to the city and are considered a precursor to a federal civil rights lawsuit.

The amount sought in the claims is nearly the size of the city’s $37 million parks budget. Typically, the amounts filed in such claims are later reduced through negotiations or at trial.

The largest jury award in the Sacramento area in recent memory was $6.5 million awarded one year ago to the family of Johnathan Rose, a mentally ill man shot to death by a Sacramento sheriff’s deputy.

That case, which was later reduced by a federal judge to $4 million in a move that is under appeal, was brought by Galipo and Sacramento attorney Stewart Katz, who said the notoriety and circumstances of the Clark shooting likely contributed to the amount being sought.

“I’m not surprised,” said Katz, who is not involved in the Clark case but is one of the area’s most prominent lawyers suing law enforcement in use-of-force cases. “It’s a case that’s clearly a big blip on the national media radar.

“You certainly have an A-plus team of attorneys and, at least in the plaintiffs’ view of the facts, it’s an egregious shooting.”

The amount sought dwarfs past settlements in wrongful death claims.

A $5.75 million settlement in July 2018 by the city of Stockton in the shooting death of Misty Holt-Singh, killed after being taken hostage in a bank robbery that ended in a shootout with police, is one of the largest single settlements of a law enforcement wrongful death or excessive force claim in the region.

Clark was killed after a foot chase by Sacramento police who were responding to reports of a man smashing car windows in the Meadowview area.

Two officers chased him into the backyard of a home - authorities learned later it was his grandparents’ house - and police say he was shot after he turned toward them with what they believed was a handgun. Investigators later determined Clark was carrying a cellphone and that the officers fired 20 shots.

The shooting sparked protests that shut down traffic around Sacramento, loud sit-ins at City Council meetings and demonstrations outside District Attorney Anne Marie Schubert’s office that continue to this day.

Last month, activists showed up at a pre-wedding event for one of the officers, Terrence Mercadal, and confronted him on video.

Sacramento police have not officially identified the officers involved, but an attorney in the office of civil rights lawyer John Burris previously told The Bee that Mercadal and fellow Officer Jared Robinet fired the shots.

The shooting, recorded on officers’ body cameras and a sheriff’s helicopter hovering overhead, stoked national outrage, particularly after a private autopsy commissioned by the Clark family legal team found Clark had been shot eight times, six in the back.

The county’s own autopsy disputed that, concluding he was shot seven times, three in the back.

Since the shooting, Black Lives Matter activists have conducted regular protests and barbecues outside the Sacramento County District Attorney’s Office, demanding that Schubert file criminal charges against the officers.

Tanya Faison, a founder of Sacramento’s Black Lives Matter chapter, was at Schubert’s office for a protest Thursday and said she was pleased with the filing.

“I hope that they sue,” Faison said. “I’m really anxious for the police to stop killing us...I hope the family gets what they want.”

Clark family members could not be reached for comment Thursday.

Schubert has said she cannot make any decision in the case until the police investigation is turned over to her office for review. As of Thursday, that still had not happened.

California Attorney General Xavier Becerra also has said his office will conduct its own independent review of the shooting.

 

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http://www.capradio.org/articles/20...ng-investigation-will-be-done-very-very-soon/

Sacramento Mayor Says Stephon Clark Shooting Investigation Will Be Done ‘Very, Very Soon’


Sacramento and state law enforcement’s investigation into the fatal police shooting of Stephon Clark could conclude in the near future, according to Mayor Darrell Steinberg.

“As I understand it, the investigation will be wrapped up very, very soon,” Steinberg said on Tuesday in an interview with CapRadio.

Two police officers killed Clark on the night of March 18 in South Sacramentofollowing a complaint about a man breaking car windows. They pursued Clark into a backyard, which was later discovered to be the home of Clark’s grandparents.

The officers, whose names have not been made public by the department, shot at Clark, a black man, 20 times, after they thought he had a gun. Police only discovered a cell phone near his body.

The investigation into the shooting has been conducted by the Sacramento Police Department, the Sacramento County District Attorney’s Office, and the state Department of Justice, which was brought in to help with the investigation at the request of police Chief Daniel Hahn.

Steinberg said the investigation is in its “final stages” nearly six months after Clark’s death.

The mayor said he understands the public’s “anxiousness and frustration" with the time its taken to investigate. But he wants it to be thorough.

"People will know that the thousands of hours on the forensic side, that all that work has been done the right way,” Steinberg said.

The mayor added that he was pleased that lawmakers sent Senate Bill 1421 to Gov. Jerry Brown earlier this month. If signed, the bill would require law enforcement to make public records from officer shootings and use-of-force incidents, which previously had been withheld.

"One of the most troubling things about the current process is that, even at the end of an investigation, the public doesn't have a right to see or to know, and that's not right,” Steinberg said.

Police department spokesperson Sgt. Vance Chandler said that the case “is still being investigated” and that it “hasn’t been handed off” to either the DA or AG offices.

Chandler added that when it is finalized and sent to those agencies for review, the department will make an announcement.

 

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https://www.kcra.com/article/meet-the-flying-dutchman-the-hobo-king/23320928

Protesters march against law enforcement expo in Sacramento

Black Lives Matter protest held on 6-month anniversary of Stephon Clark's death



Demonstrators gathered Tuesday at the Sacramento Convention Center to call for a law enforcement expo to be shut down six months after the deadly police shooting of Stephon Clark.

Authorities blocked the road at J and 10th streets Tuesday afternoon in downtown Sacramento because of the protests.

"Six months since Stephon Clark was killed, we still have no answers," BLM Sacramento co-founder Tanya Faison said. "We have no investigation."

She said she wants to "call for more accountability from law enforcement."

The demonstrators laid out mock caskets to symbolize those who have died in officer-involved shootings.

Demonstrators voluntarily left J Street after dozens of police officers arrived and ordered the protesters to vacate, calling the demonstration an unlawful assembly.

The protest then moved through the streets of downtown Sacramento in the area of Interstate 5.

Around 3:45 p.m., protesters returned to J Street and put the fake caskets in the roadway. Police surrounded the mock caskets and removed them.

The protests then wrapped up by 4:40 p.m.

Clark was shot and killed March 18 in his grandparents' backyard in south Sacramento. Officers were responding to a call about a person breaking car windows at night when a Sacramento County sheriff’s helicopter led officers to Clark, who began to run away. The two responding officers believed he was armed and fired 20 rounds at Clark, police said. Investigators later discovered Clark was holding a cellphone.

"The Clark family will not shut up. We will not be quiet. We won't be silenced," Clark's brother Stevante Clark said. "We just want to promote accountability. These officers have to be held accountable."

Protests have popped up around Sacramento since Clark's death. Demonstrators have shut down streets and held several events urging the district attorney to file charges against the officers in the case.

Tuesday's law enforcement event is the Cops West Training and Expo. Black Lives Matter Sacramento took to social media and called for demonstrators to make noise outside.

The protests were directed at the California Peace Officers Association, which had more than 1,000 law enforcement members in attendance at the Sacramento Convention Center.

"We're here to have an open dialogue about best practices and things we can do that ensure the greater goal of safety and good relationships between law enforcement and the community," CPOA Executive Director Carol Leveroni said.

Meanwhile, law enforcement supporters were also on hand to have their voices heard.

"It's wrong the way that police officers, law enforcement, is being portrayed," supporter Janet Lucero said.

Sacramento County Sheriff Scott Jones heard about the demonstration and called for supporters of law enforcement to show up as well.

"We have a planned protest tomorrow at a statewide law enforcement conference down in Sacramento," Jones said. "I know people have this overwhelming urge to do what they can. One of the things you can do is go down there. Go down to the convention center tomorrow between 11 a.m. and 1 p.m. and show your support for law enforcement."

Black Lives Matter Sacramento, outraged over the sheriff's comments, called his ways "wicked and racist." The group went on to say on Twitter that its demonstration will be comprised of families in mourning.

On Tuesday, the Sheriff's Department said Jones wasn't calling for a counterprotest, just asking for community support in light of the deadly shooting of Deputy Mark Stasyuk.

"It is neither the intent nor the desire of Sheriff Jones or the Sheriff’s Department to disrupt anyone’s exercise of free speech, no matter how misguided it may be. If community members are to respond today, the expectation would be for them to do so in a respectful manner consistent with Deputy Stasyuk’s memory," the Sheriff's Department said in a news release.

 

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http://www.capradio.org/articles/20...ide-law-enforcement-convention-in-sacramento/

Black Lives Matter, Police Supporters Demonstrate Outside Law Enforcement Convention In Sacramento


Black Lives Matters protesters and law enforcement supporters both demonstrated outside of a statewide California Peace Officers' Association event in Sacramento Tuesday, six months since the fatal police shooting of Stephon Clark.

Police formed a line between the BLM protesters and the counter-protesters after the two groups broke out into heated arguments. Police also shut down J Street at 13th Street outside the convention center due to the protests.

BLM protesters laid prop coffins on J Street before marching through downtown Sacramento following calls to disperse from police around 1:30 p.m. They returned to the convention center around 3 p.m. There were no arrests, according to a Sacramento Police Department spokesperson.

The BLM protest of the COPSWEST Training & Expo at the Sacramento Convention Center was planned to mark six months since Clark's death. Demonstrators have gathered in front of the Sacramento County District Attorney's Office each week since then demanding charges against the officers who shot Clark.

Pro-law enforcement demonstrators had also gathered near the convention center.

Clark’s mother, Sequette Clark, and his grandmother, Sequita Thompson, were at the protest downtown. Clark’s mother said that it was a “slap on the face” that the Sacramento Police Department had yet to apologize to the family. His brother Ste'Vante Clark called for police accountability.

“We keep hope that the system will hold these officers accountable for what they did to my brother," Ste'Vante Clark said. "It’s been six months that nothing has happened. The police haven’t wrapped up their investigations. None of the district attorneys have brought charges against the police officers.”

The Rev. Al Sharpton also announced Tuesday that he would be traveling to Sacramento this week, seeking charges against the officers.

The protests also come one day after a Sacramento County Sheriff's Deputy was shot and killed in Rancho Cordova. When asked what people do following the shooting, Sheriff Scott Jones urged community members to come to the protest to show support for law enforcement.

"I know that the public in large measure supports us and share in our grief and they want an outlet for that," Jones said outside the convention center Tuesday. "They want to do something but they don't know what to do. I offered this as a way."

With officers from law enforcement agencies attending the convention inside, supporters held signs and waved American flags in support of law enforcement

“Every one of these people, when the have a problem they’re going to call a police officer and a police officer is going to come and he’s going to run to the problem and not away from the problem,” supporter Judy Joseph said, “I’m tired of this kind of activity promoting racism not stopping racism.”

Frank Herzog wore a red “Make America Great Again” hat from Donald Trump’s 2016 presidential campaign. Herzog said he doesn’t believe race has much to do with the actions of law enforcement.

“It should not be that," Herzog said. "There’s good guys and bad guys on both sides.”

 

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http://www.latimes.com/local/lanow/la-me-ln-sacramento-blm-protest-20180918-story.html

Six months after Stephon Clark's death, Black Lives Matter protesters climb into makeshift coffins outside police conference


They laid dozens of makeshift coffins in the street to represent black people killed by police in California. Blocking traffic, the protesters climbed inside the purple caskets and each raised a fist in the air.

The spectacle was part of an hours-long Black Lives Matter protest Tuesday commemorating the sixth-month anniversary of the death of Stephon Clark, who was fatally shot by Sacramento police March 18 outside his grandparents’ home during a vandalism investigation.

Protesters marched and chanted outside the downtown Sacramento Convention Center, where a California Peace Officers’ Assn. training conference was underway.

“We are here to make sure that they know that we know that their training is terroristic,” said a demonstrator who tweeted a video from the protest.



Sacramento Police Sgt. Vance Chandler said Tuesday afternoon that extra officers had been monitoring the gathering since 11 a.m. When the group placed the makeshift caskets in the street, Chandler said, police issued numerous dispersal orders and brought in pastors to help move the group.

Eventually, the protesters moved to the sidewalk, Chandler said. Later, the group marched back into the street and police issued new dispersal orders. As of about 3:30 p.m., no one had been arrested and no injuries had been reported, Chandler said.

The demonstration comes at a tense time for law enforcement officers in the region. A day earlier, a Sacramento County sheriff’s deputy was killed and a second was wounded when a gunman opened fire during a routine disturbance call at an auto shop in Rancho Cordova.

The deputies responded to a Pep Boys store, where workers were having a conflict with a customer. As they approached, the suspect — identified as Anton Lemon Moore, 38, of Rancho Cordova — turned as if to run away but spun around and began firing.

The slain officer was identified as Mark Stasyuk, 27, who joined the department more than four years ago. A second officer, identified as Julie Robertson, 28, was struck in the arm but shot back as the attacker fled.

Robertson and a bystander who was hit in the crossfire were released from the hospital Tuesday, sheriff's Sgt. Shaun Hampton said.

Moore remains hospitalized with multiple gunshot wounds and is expected to survive.

After announcing Stasyuk’s death at a news conference Monday, Sacramento County Sheriff Scott Jones mentioned Tuesday’s protest and urged community support for law enforcement officials.

“I know people have this overwhelming urge to do what they can and not knowing what to do,” Jones said. “One of the things you can do is go down there, go down to the convention center tomorrow between 11 and 1 and show your support for law enforcement while they continue to protest law enforcement.”

The Sacramento Bee reported that a cluster of counter-demonstrators gathered at the rally, including Robert Dixon of Granite Bay, who wore a flag shirt and carried an American flag and a “God Bless the police” sign.

“I’m out here to support the police,” Dixon told the Bee, while others with “Back the Blue” signs and blue American flags surrounded him. “God bless the police. This is un-American out here, we don’t need this.”

 

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https://www.sacbee.com/news/local/crime/article220616115.html

Sacramento police finish investigation of Stephon Clark shooting. Now DA must decide if laws were broken



Seven months after the officer-involved shooting of Stephon Clark, the Sacramento Police Department has completed its criminal investigation of the fatal encounter.

Thursday, the department announced it had sent its investigation to Sacramento County District Attorney Anne Marie Schubert and California Attorney General Xavier Becerra.

Schubert will review the findings to determine if criminal charges should be filed against either of the officers who fired shots.

The District Attorney’s Office confirmed receipt of the “police report and related materials” Thursday afternoon, according to spokeswoman Shelly Orio.

“Because this matter is under review and is still pending, ethical obligations prevent us from commenting further at this time,” Orio said in an email. “Once a decision is made, further details will be provided.”

Officers Terrence Mercadal and Jared Robinet shot Clark at least seven times on the night of March 18, apparently mistaking his cellphone for a gun after chasing him around a blind corner into the backyard of his grandmother’s Meadowview home. Mercadal and Robinet returned to work April 9.

Mercadal and Robinet were identified as the involved officers by an Oakland civil rights attorney. The Sacramento Police Department has not identified the two officers.

Sacramento Police Chief Daniel Hahn asked Becerra to review the DA’s findings after community activists questioned the independence of Schubert’s review.

“Our role has been to conduct a thorough investigation and give the Sacramento County District Attorney and State of California Department of Justice the information they need to reach a decision,” said Hahn in a statement. “We have taken this responsibility seriously, and we have delivered on our promise to thoroughly pursue the facts and report them.”

The Attorney General’s Office confirmed receipt of the materials but declined to comment.

Stevante Clark, Stephon Clark’s brother, declined to comment to The Bee but posted a statement on Instagram criticizing the department for not sharing details of the investigation with the family.

“Astonishingly, these details have even been completely concealed from the Clark Family, which does not promote transparency in the slightest,” he wrote.

It is routine for the department to keep its findings confidential, with the district attorney deciding which parts of the investigation to make public in its report.

Though state law and current case law gives wide latitude to officers in their use of deadly force, Clark also pushed for criminal charges against the officers who fired on his brother, urging “the community of Sacramento to come together to put pressure on District Attorney Anne Marie Schubert to press full charges against these officers.”

Sacramento Mayor Darrell Steinberg said in a statement that he is “hopeful that the District Attorney and the Attorney General will move expeditiously to reach its findings and recommendations.”

Steinberg also pointed to changes the police department has made in the wake of the Clark shooting, including introducing a new foot pursuit policy to reduce confrontations.

Sacramento Police Department spokesman Sgt. Vance Chandler said the department has an ongoing internal review that is not complete — a separate inquiry from the criminal investigation — and has not decided whether to open an internal affairs investigation in the case. An internal affairs investigation would examine if any officers involved in the incident broke department policies.

“We have not completed the department review of the incident, which includes looking at all the policies and procedures, actions of all officers, and if those actions were appropriate to the circumstances,” said Chandler.

Sacramento police shot and killed 22-year-old Stephon Clark Sunday night, March 18, 2018. Clark was unarmed and holding only a cell phone.

After body camera footage of the incident was released, as is required by a Sacramento city ordinance, The Sacramento Bee found that at least one officer had muted his microphone to have a private conversation at the scene. Questions were also raised about the time officers took to render aid to Clark after he was shot.

The shooting sparked massive protests that shut down Interstate 5 and the Golden 1 Center in March. It has also led to an ongoing protest in front of Schubert’s downtown offices, where Black Lives Matter members have been holding demonstrations and barbeques three times a week since the shooting.

In the first weeks of that protest, activists entered the lobby and surrounded cars. Some were arrested.

On April 20, Schubert had an 8-foot-tall rental fence installed on a six-month lease that cost $2,094, according to a contract obtained by The Bee through a state Public Records Act request. The contract ended on Oct. 20, but the fence remains.

Black Lives Matter Sacramento co-founder Sonia Lewis said the protests will continue “because (Schubert) needs to know that the community isn’t going anywhere.”

 

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https://sacramento.cbslocal.com/201...-clark-shooting-investigation-review-90-days/

DA: Stephon Clark Shooting Investigation Review May Take Longer Than 90 Days

SACRAMENTO (CBS13) – The Sacramento County District Attorney’s Office say they aim to complete their review of the Stephon Clark shooting investigation within 90 days, but it may take longer.

More than seven months after Clark’s death, the Sacramento Police Department completed its criminal investigation into the deadly police shooting late last week. The findings were then sent to the DA’s office.

According to a release Monday morning, the DA’s office will aim to complete their review in the timeframe of other officer-involved shooting incidents. However, they note the findings are said to be “voluminous” and will possibly take more time.

“We will take whatever time is necessary to complete that process, as we balance our desire to complete this investigation review in a timely manner with the overarching need to ensure any conclusions we reach are the result of a thorough and methodical evaluation of the facts and the law,” the DA’s office wrote.

Clark was shot at least seven times on March 18 in his grandmother’s backyard after officers mistook his cellphone for a gun.

His death sparked massive protests and the case garnered national attention.

Since the incident, the Sacramento Police Department changed its foot pursuit and body camera policy.

The police department did not release any findings from its investigation, but it’s an important step in determining whether or not two officers who shot and killed Clark will face charges.

The DA’s office notes their review is “strictly limited to an analysis of the action the officers actually took and whether that action is a prosecutable crime under the law.”

 

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https://www.theguardian.com/us-news...ice-killing-sacramento-wrongful-death-lawsuit

Stephon Clark's family files wrongful death suit over police killing

Family allege California officers ‘acted with deliberate indifference’ in shooting that sparked widespread outcry


The family of Stephon Clark, the unarmed black father from Sacramento killed by police in his grandparents’ backyard, has filed a wrongful death lawsuit, alleging two California officers “acted with deliberate indifference” and denied the 22-year-old medical care.

The Sacramento police officers displayed “reckless disregard for the rights and safety” of the young father when they gunned him down in March 2018, the family alleges in a federal lawsuit filed Monday that names the city of Sacramento and the two officers involved in the shooting.

The policemen, Terrence Mercadal and Jared Robinet, had no information suggesting Clark was armed and had not witnessed him committing any crimes, the complaint argued. They gave no verbal warning that they would use deadly force, shot Clark after he already hit the ground, and then subsequently “prevented responding medical personnel on-scene” from providing care to Clark in a timely manner as he was “bleeding profusely”, the complaint said.

“The involved officers are responsible for every single shot they fired and this was not an immediate defense of life situation,” the complaint said.

The attorneys representing Clark’s children, parents and grandparents, further accused the police department of broad failures, including “inadequately supervising, training, controlling, assigning, and disciplining” officers, and maintaining policies and practices that allow for “excessive force” and unjustified uses of “deadly force”.

The attorneys have asked for damages of at least $20m.

“The Sacramento police executed Stephon Clark in his grandparents’ backyard, mistaking his cell phone for a gun, assuming he was a criminal threat simply because he was a black man,” Ben Crump, one of the attorneys for the family, said in a statement on Monday, adding that police “ignored him for six minutes, failing to render any help to save his life”.

Susana Alcala Wood, Sacramento’s city attorney, declined to comment on the lawsuit, and police spokespeople did not respond to an inquiry. Mercadal and Robinet could not be reached.

Clark, who left behind two young sons, was shot in a confrontation with two police officers on 18 March 2018. He was holding only an iPhone when officers killed him. Body-camera videos of the shocking killing went viral last March, sparking massive protests and national outrage. The videos revealed that the officers did not announce that they were police when they arrived in the dark, shouted at Clark to show his hands, and then quickly fired a round of bullets before he could respond. The body-camera footage recorded the men shouting “gun!” and showed that they began shooting less than 20 seconds after they arrived. Both officers muted their microphones in the immediate aftermath of the shooting.

The officers were responding to calls about someone breaking into cars when they located Clark, police said at the time.

Police in America disproportionately kill young black men and boys, and Clark’s death quickly drew comparisons to high-profile cases, including the killings of Tamir Rice, Eric Garner, Philando Castile and Walter Scott.

Clark’s family and civil rights groups have long called for the two officers to face criminal charges, and the district attorney’s office said Monday that its investigation was still ongoing. The state attorney general’s office is also conducting a review. US prosecutors rarely bring criminal cases against officers who kill civilians.

“This has taken a tremendous toll on them,” Dale Galipo, another attorney for the family, told the Guardian. “They still don’t have any form of justice. There’s been no criminal prosecution. Most likely, there will not be, because there almost never is.”

Clark’s sons, who were ages one and three when he died, “miss their father much”, he said.

Galipo, who has brought other police brutality cases against Sacramento law enforcement, said the facts of Clark’s killing made for a strong case, adding: “I would hope police officers are able to distinguish a gun from a cell phone.”

Clark’s death, which inspired messages of outrage from athletes, celebrities and politicians, led Sacramento police to adopt several reforms, including a new policy meant to discourage risky foot pursuits and a rule requiring officers to verbalize a reason when turning off their body-camera microphones.

But activists dispute the reforms have had significant effect. Tanya Faison, founder of Sacramento’s Black Lives Matter chapter, said the new rules were not having an impact. That’s why criminal consequences are necessary, she said.

“Once they see they can lose their job and pension and can go to court and be treated like every other citizen … then police officers might stop shooting us,” Faison said, adding that there have been numerous other tragic killings by Sacramento law enforcement since Clark’s death, and that she hoped they could also get attention. “Those other families need justice as well.”

 

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https://www.nytimes.com/2019/03/02/us/stephon-clark-police-shooting-sacramento.html

No Charges in Sacramento Police Shooting of Stephon Clark


LOS ANGELES — Two Sacramento police officers who shot and killed an unarmed black man in his grandmother’s backyard last year will not face criminal prosecution, the Sacramento County district attorney announced on Saturday, stirring fresh outrage in a city roiled by protests over the killing.

For nearly a year, community members and activists have demanded police accountability for the death of Stephon Clark, 22, who was killed last March by Officers Terrence Mercadal and Jared Robinet. The two officers had been dispatched to investigate a routine vandalism complaint. Within 10 minutes of their arrival, after a brief pursuit, Mr. Clark was dead.

The shooting sparked waves of protests in Sacramento that shut down busy streets, disrupted sporting events and overtook City Council meetings. Mr. Clark’s death took on national significance amid continuing tensions over discriminatory policing in black neighborhoods and excessive use of force by police officers.

“Was a crime committed? There’s no question that a human being died,” District Attorney Anne Marie Schubert said on Saturday in Sacramento. “But when we look at the facts and the law, and we follow our ethical responsibilities, the answer to that question is no. And as a result, we will not charge these officers.”

Ms. Schubert said the officers had probable cause to stop and detain Mr. Clark. She added that police officers are legally justified in using deadly force “if the officer honestly and reasonably believes” he is in danger of death or injury.

“We must recognize that they are often forced to make split-second decisions,” she said. “We must also recognize that they are under tense, uncertain and rapidly evolving circumstances.”

The officers fired their weapons 20 times in Mr. Clark’s direction within seconds of turning a blind corner. “Both officers believed that he was pointing a gun at them,” Ms. Schubert said. She added that police video showed Mr. Clark was “advancing” on the officers.

Mr. Clark was later found to be unarmed; his cellphone was found under his body.

An autopsy released by the Sacramento County Coroner’s Office in May found at least seven bullets hit Mr. Clark.

A comprehensive analysis of police video footage by The New York Times found that gunfire continued after Mr. Clark had fallen to his hands and knees. Six of the seven shots most likely hit Mr. Clark as he was falling or was already on the ground, according to The Times’s analysis. Three minutes passed after the shooting before police identified themselves to Mr. Clark, and he did not receive medical attention for six minutes.

Black activists have expressed long-simmering frustrations about how their neighborhoods have been policed by the Sacramento Police Department and the Sacramento County Sheriff’s Department.

After the shooting, the Sacramento Police Department sought to swiftly quell public outrage. The department released body camera footage within days of the shooting. Daniel Hahn, the city’s first black police chief, reiterated that the department required training related to race-based discrimination and de-escalation tactics. The next month, the Sacramento Police Department issued new guidance about when officers can mute their body cameras.

In July, the department also instated a foot-pursuit policy that instructs officers to weigh “whether the need for apprehension justifies the risk to the safety of the officer(s), the public, and the fleeing suspect.

Mr. Hahn and the department have not commented on Officer Mercadal and Officer Robinet’s actions specifically. The department did not return a request for comment on Saturday.

In January, Mr. Clark’s family filed a wrongful-death lawsuit against the City of Sacramento and the two officers.

During her presentation, Ms. Schubert noted that Mr. Clark had been accused of domestic violence days before his death. A review of his cellphone, conducted by the California Department of Justice, found text messages suggesting a tense relationship between Mr. Clark and the mother of one of his children.

The review also found that he had researched how to commit suicide, she said.

“All of this shows us that many things were weighing heavily” on Mr. Clark on the day of his death, Ms. Schubert said. She added that the facts were uncomfortable but relevant to her legal recommendation not to charge the officers because they would be relevant to a jury.

The officers, as she noted, did not know any of this when they were searching the neighborhood for vandals.

But even with that rationale, the district attorney’s presentation did not sit well with local activists.

“I’m disgusted and it’s disrespectful,” Tanya Faison, who leads the local Black Lives Matter group, said in a statement released on Twitter. “He was completely disrespected. The mother of his child was completely disrespected.”

Mr. Clark’s family, reached through their lawyers, did not respond to a request for comment.

Anticipating more protests over the announcement, Ms. Schubert sought to strike a conciliatory tone throughout her presentation.

“I don’t think there’s any question that people will be very upset and very angry,” she said. “But I want people to understand the fact that no criminal charges will be filed in this case does not diminish in any way the tragedy, the anger, the frustration that we’ve heard since the time of his death.”

“We cannot ignore that. Me as an elected official, as a public-facing leader, me as a human being, we cannot ignore that there is a rage in our community

 

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https://www.nytimes.com/2019/03/02/us/stephon-clark-police-shooting-sacramento.html

Damn

 

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