The Tragic Story of Cara Knott, Murdered by CHP Officer Peyer in San Diego

by Aaron Leaf

Cara_knottOn December 27th. 1986 20 year old, SDSU college student Cara Knott was travelling southbound on Interstate 15. Cara was on her way home from an evening at her boyfriends home in Escondido to her parents home in El Cajon. Craig Peyer, on duty CHP patrol officer, flashed lights at Knott to pull off the freeway to an isolated off ramp. It is thought the situation with Knott became physical when, she threatened to report Peyers behavior. Peyer beat her with his flash-light, and strangled her with rope from his patrol car. He then disposed of her body by throwing her off an abandoned bridge into the brush below.

Two days after the murder Peyer was featured on a KCST- interview ride along for a segment related to self protection for female drivers. Peyers face had scratches on it during the interview. Following the broadcast several calls by other female drivers were received by the authorities. A new picture of Patrolman Peyer began to emerge. Peyer had a reputation of following female drivers and pulling them over in the same secluded location as Cara. Though most of the callers insisted Peyer was nice and non threatening, they felt an uneasy creepiness about him. All of the woman were of approximate age and physical characteristics to Cara. Several other patrolman (and woman), became suspicious of Peyer as many of them knew Peyer had a tendency to make tickets at the secluded off ramp. On one early morning briefing a colleague joked with Peyer asking if he had killed Cara Knott. The room became quiet, and Peyer began acting odd. It was then that suspicion became outright and open.

Officer Peyer was arrested 21 days later in connection with Cara Knott’s death. The 1st trial ended in a hung jury. Upon retrial, the first-ever conviction of murder by an on duty CHP officer. In 1988 Peyer was sentenced to 25 years to life. As tragic as this these events were the story of Cara Knott was far from over.

bridgewreathThe location near where Knott was found is home to a memorial garden of oak trees to honor her and other victims of violent crime the result of efforts spearheaded by her father. Sam Knott became a nonstop advocate for crime victims following his daughters murder. He campaigned tirelessly for local and state law enforcement agencies to install technology that would allow them to monitor the whereabouts of their officers at all times. He also pressed law enforcement to ease the standard 48-hour waiting period before issuing a missing-persons bulletin to officers in the field. The loss of Cara plagued Sam and many persons attribute Peyer to Sams early death as well. Sam died within feet of where Cara’s body was recovered. His heart simply gave way, and he died of a heart attack.

Peyer is serving a life prison sentence at the California Men’s Colony at San Luis Obispo.

With the recent arrest of San Diego police Officer Christopher Hays after sexual assault accusations and the conviction of SDPD officer Anthony Arevalos two years ago, the family is upset that these types of cases can and still are happening within the San Diego Law Enforcement ranks.

“I’m so outraged,” said Cynthia Knott, Cara’s sister. “It’s egregious to think this could happen in this day and age. It makes me relive my sister Cara’s murder all over again.”

Cynthia said she and her mother were sickened and disgusted by the recent news events and cannot believe this is happening.

Joyce Knott wrote to 10News:

“I just don’t want our family to appear that we are against the police. We have the utmost respect for the department and the majority of the officers. It just seems that after all these years there should be a better way to identify the bad ones. Thank goodness times have changed and at least some of the women who are harassed or taken advantage of do come forward and report these incidents. When there is a pattern of behavior of controlling women through sexual advances, there is the chance that the actions may escalate and another person’s life might be in danger. I want to encourage any woman who finds herself in such a situation to speak up and report it. By doing so, she may save the life of another innocent young woman. It would have saved Cara’s.”

1382361_229799173850206_1825638454_nResources

http://www.nbcsandiego.com/news/local/Craig-Peyer-Parole-Hearing-Cara-Knott-137092283.html

http://articles.latimes.com/1988-02-09/local/me-41439_1_craig-peyer

http://hiddensandiego.net/cara-knott-memorial-garden.php

http://www.sandiegomagazine.com/San-Diego-Magazine/February-2004/The-Killer-Cop/

http://www.10news.com/news/family-of-young-woman-killed-27-years-ago-by-rogue-chp-officer-upset-by-reports-of-police-wrongdoing-02112014

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HOW TO Fight Back Against LAW ENFORCEMENT Terror in SD COUNTY


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Document

Write down a detailed summary of what unfolded. It’s important to tackle this step while the incident is fresh as details that are now clear will become hazy with the passage of time.

Your goal is to have piece of content that when read by someone unfamiliar with the incident, they’ll have a clear understand of pertinent information like the date and time, the location of the interaction, the names of those involved involved, what preceded the interaction, what what communicated or claimed during the interaction, and where things now stand.

If you have supporting documentation like police reports send them to United Against Police Terror uaptsd@gmail.com uaptsd.org

Or file a complaint with us confidentially with us using our POLICE MISCONDUCT COMMUNITY COMPLAINT FORM 

Information on this complaint form will remain confidental at all times, unless with written permision from the compaintant to Uaptsd.org to publish.

Disseminate
The more others know about your situation the better. It will not only focus attention on the individual who acted in the wrong but pressure the prosecutor or police outfit to drop any charges unjustly levied at you. Those folks rely on legitimacy and the court of public opinion is powerful!

You can do this via text or video.

If text, it’s very likely that you can just use the detailed write-up – either as-is, or modified a little bit. Let a friend read your recount. Ask them what is unclear and fill in those questions in.

If video, you can use your detailed write-up as a reference. Sit down in front of your webcam or other recording device and give a narrative of what happened. Depending on your skill level, software, and need, you can choose to edit the video. Once completed, upload it to your YouTube channel or another video-hosting site such as United Against Police Terror – San Diego Uaptsd.org

Note that some people opt-not to make-public their entire incident (the raw footage, for example) as police employees have been known to rewrite reports to better-match the objective facts portrayed via video. If this is a concern, you could obtain the police report prior to making live the related footage, so you’ll have that copy in case a new one is later presented.

Other Tactics

File a Freedom of Information Act (FOIA)
Work to obtain all the documentation the police have about your situation. The more such information you have the more-likely lies and omissions made by “the authorities” will be seen, say between two police reports filed by two different individuals about the same incident. Also, if say, video surveillance is gotten, your story can be objectively supported.

A FOIA request doesn’t have to be fancy. You can write a request using a pen on a regular piece of paper. Include a sentence or two overview of who you are, the information sought, and your contact information.

Connect & Collaborate with us

The more support you have on the ground the better.

If there are others in your area connect with them as those active may be willing and able to assist sharing content online, making calls, doing outreach, or accompanying you when filing your FOIA or if you venture into legal land.

If you are able to ascertain the home address of the police employee who wronged you, give those in the neighborhood a heads-up on the caliber of their neighbor.

Print out a couple-sentence overview and the link to your piece of content online, and stop by the homes of neighbors. If they’re not present, leave the handout between their doors. If they are home, be considerate of their time and recognize that this tactic (going door to door) isn’t often done so it’s important to be on-point. Introduce yourself, inform them that you won’t take much of their time but just wanted to them you aware of a situation involving one of their neighbors, point out that were you to live next to someone who acted aggressive toward others you’d want to know, give a very brief overview of your situation, hand them the print-out, encourage them to check out your more thorough write-up or view when they have time ,and to reach their own conclusions and act accordingly.

Inform Area Media

Without question, corporate media outlets often just parrot whatever police employee spokespeople tell them about incidents, but since you’ve already done the work (the write-up or video), you might as well make them aware.

Visit the media website and use the submission form or find the email address most appropriate to share about your situation. The easier it is for them to get up-to-speed the more likely it is to be covered. Provide an informative summary your contact information, and the link to your video or the text from your more thorough write-up, and any objective documentation to support your claims.

Filing a Police Complaint within “the System”
There are many ways to do this

As per the SDPD Website, they recommend one or more of the following methods;

By telephone or in writing to the Chief of Police: Shelley Zimmerman
1401 Broadway, MS 700, San Diego, CA 92101(619) 531-2777
sdpdpolicechief@pd.sandiego.gov

By telephone or in writing to the Internal Affairs Unit:
1401 Broadway, MS 709, San Diego CA 92101
(619) 531-2801

To the Office of the Mayor, City of San Diego, 202 C Street, San Diego CA 92010
In person, by telephone or by writing to the Citizen’s Review Board on Police Practices using the Citizens’ Review Board on Police Practices (CRB) Complaint Form and mail to;

Executive Director, Citizens’ Review Board on Police Practices, 1010 Second Avenue, Suite 1325, San Diego, California 92101. This form may also be submitted by e-mail to: citizensreviewboard@sandiego.gov. For more information, please call (619) 236-6296. Fax: (619) 236-7344

By the Chief’s Confidential Telephone Recorded Hotline at (619) 531-2672.

As per the SD Sheriff’s Website, you file online to the Citizens’ Law Enforcement Review Board using the following form or by email at Citizens’ Law Enforcement Review Board, 555 W Beech Street, Suite 505, San Diego, CA 92101-2940, or  by Phone: (619) 238-6776, Fax: (619) 238-6775, or E-mail: clerbcomplaints@sdcounty.ca.gov

***IMPORTANT*** We as @United Against Police Terror Strongly suggest you follow up an ACLU of San Diego and Imperial Counties organizer for further assistance.

Working through internal police mechanisms, such as filing a complaint, very rarely results in any substantive outcome – after all, it’s “investigated” by someone who’s a friend, or at least, a colleague, of the aggressor – but some encourage this tactic be pursued if only to create a paper trail and tie-up police resources.

Also, if making public an interaction you had with a police employee, the fact that you may be able to point-out that a dozen (or more) other complaints have already been lodged against him or her, it can help demonstrate their record of not being too professional.

Police complaints can sometimes be filed through the website of the police outfit where the police employee works. If so, fill-out the form (perhaps using some or all of your write-up about the event already done, or pointing to the URL where your write-up can be found online). Alternatively, call or visit the police outfit to learn their process – if you do that, be sure to film as those seeking to file complaints are sometimes questioned or harassed.

Whatever method you utilize, be sure to get a receipt of some kind – a print-out from the online interface, or a signature/stamp if done in-person. And inquire about the timeline expected – is there a mandatory response within a week? A month?

Learning Through Struggle
Consider too that publishing the story is a way that you can inform those at the police outfit that others have been made aware of the situation – if it’s online, or if you’ve contacted the media, for example, that’ll put more pressure on them to not further compound the wrongs already committed.

Incidents like the one you experienced are are now seeking remedy for will continue to occur until the Institution itself is dismantled. That is happening: Want to End Police Brutality? Focus on the Institution

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First Amendment Coalition Files Lawsuit Against SDPD About Stingray Surveillance

The First Amendment Coalition (FAC) has filed a lawsuit against the City of San Diego and the San Diego Police Department to obtain records about policies, rules and procedures they use for Stingray surveillance.

1394158154000-cell-tower-imageNBC 7 reported evidence that local law enforcement use the technology in April. The Stingray is manufactured by Harris Corporation and is described as a device “capable of tracking the signal of cellular telephones even if the person has disabled GPS capabilities.”

“We believe the SDPD has an obligation to tell San Diego citizens that it is using this invasive technology and to describe the steps it is taking, if any, to protect citizens’ privacy rights,” said Peter Scheer, FAC’s executive director.

Earlier this year, NBC 7 obtained a 2009 federal grant application that shows the City of San Diego was interested in purchasing the cell phone tracking equipment. Court documents revealed, in September of that year, the U.S. Department of Justice made the grand funding available.

FAC, which is represented by Los Angeles attorney Kelly Aviles, filed the suit to force the San Diego Police Department to disclose the records.

NBC 7 spoke to Aviles Tuesday who said, in response to the coalition’s request for information, SDPD turned over only a single, heavily-redacted invoice for the agency’s apparent purchase of the Stingray in December 2012 for $33,000.

NBC 7 reached out police Tuesday evening and was told all comment had to come for the City Attorney. Gerry Braun, spokesman for the San Diego City Attorney’s Office, issued this statement:

“The City of San Diego is aware of the U.S. Department of Justice’s direction that information regarding the equipment must not be disclosed because to do so would potentially endanger the lives and physical safety of law enforcement officers and adversely impact criminal and national security investigations. The City is obligated to follow that direction and will do so absent further direction from the Department of Justice or a Court Order.”

Source: http://www.nbcsandiego.com/news/local/First-Amendment-Coalition-Files-Lawsuit-About-Stingray-Surveillance–286092741.html#ixzz3MIA7GR74

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Stingray Tracking Devices: Who’s Got Them?

The map below tracks what we know, based on press reports and publicly available documents, about the use of stingray tracking devices by state and local police departments. Following the map is a list of the federal law enforcement agencies known to use the technology throughout the United States. The ACLU has identified 47 agencies in 19 states and the District of Columbia that own stingrays, but because many agencies continue to shroud their purchase and use of stingrays in secrecy, this map dramatically underrepresents the actual use of stingrays by law enforcement agencies nationwide.

Stingrays, also known as “cell site simulators” or “IMSI catchers,” are invasive cell phone surveillance devices that mimic cell phone towers and send out signals to trick cell phones in the area into transmitting their locations and identifying information. When used to track a suspect’s cell phone, they also gather information about the phones of countless bystanders who happen to be nearby. Click here for the latest ACLU news and analysis on stingrays.

screen shot 2014-06-12 at 2.22.15 pmSource: https://www.aclu.org/maps/stingray-tracking-devices-whos-got-them

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Protesting in a Police State: How to Stay Safe When Exercising Your Rights

If you’re planning on participating in a peaceful demonstration or protest keep one thing in mind, at any time it could be escalated by police violence.

So what should you do if suddenly rubber bullets, tear gas canisters, and flash bang grenades are whizzing past you and a hundred Mad Max extras waiving clubs start goose-stepping in your direction?

The following will provide you some tips and advice to keep you as safe as possible should you suddenly find yourself in a war-zone.

Clothing
When the storm troopers make their appearance at your protest march, you’ll notice they came dressed to kill. They typically wear helmets, face shields, gas masks, chest protectors, elbow pads, knee and shin pads, and combat boots. In addition, they will carry shields, batons, Tasers, radios, medical kits, shotguns and pistols. Meanwhile, you are standing there in a t-shirt and flip flops. The first tip is to come dressed for the occasion.

Long pants and long sleeves to reduce the exposure of skin to RCAs. (Riot Control Agents)
Wear only cotton or wool. Natural fibers are fire resistant whereas most of the synthetic materials are highly flammable and can quickly ignite from a spark from a flash bang or Molotov cocktail. When these materials burn they will melt right into your skin and cannot be removed without taking the skin with it.

A bicycle helmet, this can be a life saver in case agitators begin throwing rocks and you happen to be in the line of fire. Also useful as protection against police nightstick attacks.
A backpack, fill the book pocket, the pocket that is closest to the back straps, with a large hardcover book. This can act like body armor protecting your back from rubber bullets. In addition, it can be used as a shield by placing your forearm through the shoulder straps and holding the pack as a shield if front of you if you have to escape volleys of projectiles and rubber bullets. Do not have anything in the backpack that you can’t ditch if need be and try to be aware that it could also act as a handle for someone trying to grab you from behind.

Ear plugs may become a necessity to have during a flash bang grenade attack or use of a LRAD (Long Range Acoustical Weapon)

A bandanna: can be used as an emergency bandage, sweat band, improvised dust mask, and washcloth.

Bring work gloves to protect your hands and help prevent burns if you have to remove smoking teargas canisters.

Wear work boots or hiking boots, or at least good high top leather runners. This is to help protect your feet from broken glass and sharp debris on the ground, and will help support your ankles when running, or climbing over barriers.

Wear protective eye-wear or preferably a gas mask if you have one. Swimming goggles or sports style sunglasses with padding on the inside such as used in racket ball and other sports works best. This is to protect against RCAs, rubber bullets and fragments from teargas canisters and Flash Bangs. Try to keep in mind that if the Riot Police have on gas masks, you should too. Riot Police usually only fire tear gas when they have their masks on. protest-emergency-kit

What to Carry
The riot police typically carry a lot of gear and it is a good idea for you to carry some items on your person as well.

Water: you can quickly become dehydrated standing outdoors and access to water may be restricted. Local stores may be closed for fear of rioting and looting and police may block off access to public fountains and washrooms. Bring 2 litres minimum and double if the temperatures are high.

Snacks: the excitement and physical exertion can quickly use up your glucose stores and leave you feeling weak and nauseous. Bring some snacks to nibble on through the day to maintain your blood sugar levels.

Cell Phone: to call for help, an attorney, or a cab to help you get out if you become trapped or arrested. A cell phone is also useful for filming the violation of human rights. Do not take your phone if you have information on it that you do not want the authorities to have or if you do not want to be identified as being at the protest. Recently it has been proven that police agencies will actively monitor the contents of every electronic communication in the area of an active protest.

Pocket First Aid Kit: to treat minor injuries like cuts and blisters. Add one or two a chemical cold packs to help treat welts raised by rubber bullets and baton strikes.

Small Flashlight: in case you’re out after dark and the power goes out.

Cash: to pay for parking, or public transportation, or to hire a taxi.

Gas Mask, protective goggles or at least a dust mask: to help filter out riot control agents.

Identification: in case you are detained or arrested providing I.D. can get you released sooner.

Write important phone numbers onto your skin with a magic marker should you be arrested. For example the National Lawyers Guild: For San Diego (619) 233-1701.

If you have an attorneys’ business card take it, but don’t rely solely on your cell phone for contact information since cell phones and other electronic devices will be seized should you be arrested.

Partner with someone who has your full name and date of birth should one of you be arrested the other can help provide your info to jail support.

How to Deal With Riot Control Agents
The term “riot control agents” (RCAs) refers to several gases commonly known as ‘Tear Gas’ or ‘Pepper Spray’. Exposure to these chemicals can cause skin, nose, and eye irritation, nausea, and respiratory difficulties within minutes. In rare cases, RCAs can cause long-term health complications, blindness, and even death. The effects generally last less than half an hour but can be extremely uncomfortable.

The first defense is to try to stay out of the line of fire and away from the front lines of the police. If the chemicals are released in front of you, you should move quickly straight behind you to get out of range. Try to get upwind of the point of release where there is fresh air.

If RCAs are deployed inside a building, get out as quickly as possible. The chemicals do not dissipate as they would outdoors, and the high concentrations can be extremely dangerous with prolonged exposure.

Get to high ground. RCAs are heavier than air, and the highest concentrations thus tend to be near the ground. Try to get to the highest point possible. This could be up a hill, atop a wall, etc.

If you are caught in a smoke cloud, soak a bandanna or other cloth in apple-cider vinegar or lemon juice and tightly cover your mouth and nose with it. (Bring these items in your kit.)

Finally, avoid wearing oil-based creams or sunscreens, as these aid absorption of the RCAs. If you are exposed to these agents follow decontamination procedures.

A spray bottle prepared ahead of time with a 50/50 mixture of an Antacid such as Maylox and water is one of the most effective pieces of gear to have during a tear gas attack. Not only for yourself, should you be affected by gas, but for all those around you who may be suffering and in need of immediate help. During an attack people should seek out those who are blinded and suffering to immediately spray their entire faces with the 50/50 mixture and lead them to safety.teargas

-The objectives of the police are:

1) To break the spirit of the crowd by intimidating and breaking up the crowd into ‘manageable’ portions.

2) To provoke violence to justify their own actions and identify ‘leaders’.

3) Stop the march from spreading by surrounding the crowd.

4) Gather evidence for later.

Basic police choreography
With any rowdy crowd, the police will be trying to break it up. They will try to intimidate and disperse crowds using baton line charges, horse charges, vehicles, gases, rubber/wooden bullets and a few violent arrests. The dance steps will include one or more of these:

1) Cops in lines will surround you.

2) Either from the middle or one side, the cop lines will force everyone onto the sidewalk trying to create ‘spectators’ & ‘actors’ out of the crowd.

3) Baton/horse/gas attack to lower morale.

4) Loud speakers, and concussion grenades, to disorient and breakup the crowd.

5) Line charges will slowly push the crowd down the street to where they want you (a rush of cops, fall back, strengthen line and repeat).

6) The police cannot arrest large groups of people unless they have lots of little plastic handcuffs.

7) The police usually won’t use tear gas unless they have their own gas masks on.
Safe Marching tactics

Don’t incite violence. Remember the police are heavily armed and you are not.
When Marching: Don’t let yourself be intimidated onto the sidewalk. Police will push marches onto sidewalks in order to thin them out and divide them into smaller groups. Once the police force a march onto the sidewalk they can much more easily direct its movements and single people out for arrests.

Stop the lines from forming or surrounding you. Preventing you from going where you want to go, and pushing you down the street to where they want you to go, all require the police to be in a tight line. It is important to prevent the first lines from forming. If the crowd seems volatile, they will hold back and form their lines a distance away. But if the crowd is hanging around looking confused and passive they will sneak in and form the lines amongst you.

– form a cordon by linking arms in a way to protect the front and sides of the march from being divided. Flags and banners can be used for people to form a line and all hold on to.

– don’t just stand and watch the police. Always stay moving in a defensive manner.

– don’t look like you’ll let them anywhere near you.

– spot gaps in the crowd and fill them. stick together. stick together. stick together.

– figure out where they want to go and either go someplace else or get there first.

– protect your escape routes by standing in front of them.

– get those people who turned into ‘spectators’ back into the crowd and moving around.

How to Leave the area
Try to leave in as large of a group as possible, groups of two or three are easy targets.

If you have to flee from a tear gas attack try to get upwind from the gas and remember that tear-gas stays close to the ground until it dissipates, so laying on the ground and covering up is not a good idea.

It can be dangerous to move against a crowd, so go with the flow until you are able to escape into a doorway or up a side street or alley. Stay with the crowd until you are certain you can safely escape because it will help you improve your odds of survival if shots are fired. In addition, police may barricade side routes and ambush anyone seeking to escape the main mob. You do not want to be the only person trying to get past a police barricade.
Avoid public transportation. Buses, subways, and trains will likely be out of service, and stations and depots may be packed with waiting police. Subway stations are particularly bad places to be, both because they are difficult to escape and because riot control agents are heavier than air and may drift down into subway stations and accumulate there.
Protect yourself and fellow activists.

kyrAlso see American Civil Liberties Union’s Article – Know Your Rights – Free Speech, Protests, and Demonstrations in California

You have the right to speak out. Both the California Constitution and the First Amendment to the United States Constitution protect your right to free expression. But there are many questions you face when you decide to organize and speak out. When do you need a police permit? Are there things you cannot say or do? Are there any limitations on when or where you can demonstrate? What about civil disobedience?

You might also want to print out this one-page .pdf

Are you a college student at a public university in California? This related 2-page Know Your Rights guide specifically addresses your right to practice civil disobedience on campus.

Civil Disobedience at Public Universities .pdf

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Ferguson Action Group List of Demands

weareallmikebrownFERGUSON, Mo. – The protest group Ferguson Action has created a new list of demands.

Since the grand jury did not hand down an indictment against Officer Darren Wilson in the Michael Brown shooting case, the group says the list has become its new focus moving forward.

You can read the list of demands and details below.

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download the .pdf here demands (1)

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Statewide CA Protests Announced If No Indictment by Grand Jury in Michael Brown Murder by Darren Wilson

10653472_10202829733974186_2069513207099237752_nMEDIA ADVISORY re: Ferguson Grand Jury
Contact: Christina Arechiga – Justice for Ernest Dueñez Jr. / California Campaign to End Police Terror 916-546-5387 endpoliceterror@gmail.com  https://www.facebook.com/endpoliceterrornow

California Campaign to End Police Terror has announced it will coordinate demonstrations throughout California if and when there is no indictment for Darren Wilson in his murder of Michael Brown in Ferguson, Missouri.

“California will stand with #Ferguson if there is NO indictment for Darren Wilson. Seven California cities so far have announced demonstrations along with hundreds more across the country,” said Christina Arechiga of California Campaign to End Police Terror. Protests are planned as follows:

Sacramento: MEET THE DAY OF 6 p.m. Florin Road by Sears, across from Sheriff substation).
Fresno: MEET THE DAY OF FRESNO & C ST
Oakland: MEET THE DAY OF 14TH & BROADWAY
Santa Rosa: MEET THE DAY OF 5PM AT THE PEACE & JUSTICE CENTER
Los Angeles: MEET THE DAY OF AT CRENSHAW & KING
Bakersfield: MEET THE DAY OF AT KERN COUNTY SUPERIOR COURTHOUSE
San Diego: MEET THE DAY OF 6PM CITY HEIGHTS PERFORMING ANNEX

The group released this statement:

Ferguson-art-by-Criss-Garcia-web“For over 100 days the people of the United States of America have expressed their dissatisfaction in the way that our government has handled the murder of Mike Brown by Darren Wilson of the Ferguson PD. The charade of a grand jury was only a tactic to stall the people. But the people cannot and will not be deterred in our fight for JUSTICE!! We not only stand for Mike Brown but for the over 5,000 Americans that have been murdered at the hands of our own law enforcement since 9/11 and the countless others before then.

“We call for our government to STAND DOWN, to remove the National Guard from #Ferguson and to arrest and try Darren Wilson for the murder of Mike Brown.

“In California, we call on Jerry Brown to reverse his stance on allowing police to get away with murder by modifying the POLICE OFFICERS BILL OF RIGHTS. Too many Californian’s have been murdered, their families victimized by the people that we pay to protect and serve us. And NO one is being held accountable, on the contrary they are given paid vacations and bonuses from their unions. This MUST STOP!

“We call for a national database of civilians who are murdered by police, we call for national standards that will remove impunity from law enforcement. A badge is NOT a license to kill or to abuse. A badge does not make a human being judge jury and executioner. We are not going away. We will not be silent. We will continue to uphold our rights under the Constitution.”

FergusonProtestors

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Judge notes ‘inconsistencies’ in SDPD officer’s fatal shooting of Victor Ortega

By: Allison Ash (cbs 10 news)

victor ortega

Victor Ortega

SAN DIEGO – The family of a man shot and killed by a San Diego Police officer is “ecstatic” after a federal judge ruled most of their claims have some merit. The judge also ordered a settlement hearing next month in the case of Ortega vs. the San Diego Police Department.

Victor Ortega, 31, was shot twice and killed by SDPD officer Jonathan McCarthy, who claimed it was self-defense. The San Diego County District Attorney declared the shooting “justified”, but Ortega’s family claims the officer used excessive force and did not need to shoot.

The Ortega family filed a federal lawsuit claiming Ortega’s civil rights were violated, and that the officer had no reason to pull the trigger.

The city of San Diego asked for a summary judgment order in the case, but most of their claims were denied.

In his order, U.S. District Judge Larry Burns notes inconsistencies in some of the statements made by McCarthy, who claimed Ortega tried to take away his service revolver and his secondary weapon.

Burns writes: “Importantly, Plaintiffs (the Ortegas) have submitted evidence that would give a reasonable jury pause. Their forensic expert examined Victor’s autopsy report and noted that there was no evidence of gunpowder residue or stippling on Victor’s body (including Victor’s entry wounds) or clothing. The expert concluded that Victor could not have been grabbing at the gun if he was as close as Officer McCarthy said he was, contradicting Officer McCarthy’s stated bias for using deadly force. Given the proximity of the parties, the narrowness of the corridor, and the officer’s own testimony, a reasonable jury may doubt that Victor could have been reaching for Officer McCarthy’s gun when it fired, without receiving any gunshot residue on his hands, clothing or wounds”

“There is a further potential inconsistency around Officer McCarthy’s use of a non-lethal Taser,” writes Burns, who goes on to indicate the officer first claimed he had his Taser drawn, but in later testimony fails to mention the Taser at all.

The judge also seemed to question the facts leading up to the struggle between McCarthy and Ortega.

“If, as some evidence suggests, Victor did not reach for Officer McCarthy’s weapons, did not resist arrest, and spoke in a way that suggested non-violent compliance and disbelief (e.g. “Are you kidding me?” and “I’m gonna sue you!”), a jury may believe that Officer McCarthy acted with an impermissible intent to harm Victor rather than to protect himself.”

The attorney representing Ortega’s wife, Shakina, called the judge’s ruling a victory, saying most of the issues raised by the Ortegas are still on the table, and could result in a financial settlement for the widow and her two children.

Team 10 contacted the San Diego City Attorney for this story, but were told they have no comment.

McCarthy is still a member of the San Diego Police Department.

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San Diego Protesters on Standby for Grand Jury Announcement

United Against Police Terror is on Standby awaiting the announcement to be released, in which we will send a call out confirming the announcement, and mobilize our planned Emergency Response Protest. For more info and updates please frequently visit our Facebook event page: here

We have also heard from undisclosed sources that the US  Army National Guard in San Diego, is standing by on “no notice” or “quick notice” alert and is talking coordination with local SDPD officials.  Military response will come from and tasked to: 185th BCT, (and possibly) 184th Brigade coming out of the Kearny Mesa armory.

_________________________________

Bob McCulloch released a statement a few moments ago dispelling all misinformation about when the grand jury would release its verdict on Officer Darren Wilson, saying that the grand jury is still hearing evidence and has not made a decision. He said that mid to late November is still the time frame in which the decision will be announced.

He adds that you should ignore all notices except the ones that come directly from his office. He said when the grand jury reaches their verdict his office will let everyone know when the announcement is coming.

In other words, if you see posts floating around that suggest Anonymous hackers might know when the announcement is coming or whatever, ignore it because it’s probably a hoax.

Here’s the full statement:

mcculloch_statement

 

See Fox2 article: here

FergusonProtestors

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Mysterious Burglary Leads to Raid on Activist’s Office Space

By Terrie Best – San Diego Americans for Safe Access

Marcus-Raid-4-150x150San Diego, CA – Last week, a well-known local activist and small business owner was effectively shut down when Police raided his office, stole his legal medical cannabis and ordered the electric meter removed. Very little explanation was given.

The bizarre story began very early Tuesday morning when unknown thieves attempted to break into a small medical cannabis grow-site in Imperial Beach, CA. The building, on Palm Avenue in the small beach town, houses several retail shops and a family-owned insurance business belonging to Marcus Boyd. Marcus is Vice Chair of San Diego Americans for Safe Access, and the legal collective cannabis grow he cared for – hidden away in a unused part of the building- was the site of the attempted break in.

This building is special to many activists who fight for safe access to medical cannabis in our county. Marcus’s office was the site of the Yes on S Campaign, a 2012 local medical cannabis regulatory ballot initiative and is where much of the activism generated by our chapter comes from. The Yes on S campaign was a collaborative effort between SDASA and Canvass for a Cause. Marcus Boyd was a key participant in the campaign. He also manages SDASA’s website, is it’s equipment expert and has hosted countless organization meetings out of his insurance office. He is a financial contributor to SDASA and the office is a hub for the chapter.

Ideal Choice Insurance is busy and the agency can’t afford thieves so Marcus took steps and bought a video camera He installed the lens pointing at the exterior door, which the thieves had failed to breach. And that night began uploading the footage to a safe location while he slept.

Marcus woke up early Wednesday, October 22, and knew something was amiss by the way the on-line surveillance equipment was behaving. He wasn’t wrong. During the night, neighbors reported masked men using a battering ram to again break into the exterior door of the building, this time they were successful. The doors to the collective grow were sturdy and caused a terrific ruckus when the masked men rammed the apparatus, similar to the one shown here, against one, then the other of them. The noise and men running in and out removing items prompted a 911 call.

Marcus-raid-2-150x150Shortly after discovering the hitch in his surveillance, Marcus drove to the site of his business. He immediately saw what was happening.  There in his back lot were nine one-ton trucks with creepy blackened windows and one San Diego sheriff cruiser.  It was apparent to him the collective grow area had been entered by the sheriff in order to investigate the burglary. The sheriff spotted the grow and notified the Narcotic Task Force even though what was found was a legal medical cannabis garden, with county-issued state cards attached to each plant and affixed to all walls and doors. The room was also lined with SDASA protest signs from as far back as the California Narcotic Officers’ Association Awards, protest rally our chapter organized in 2009.

Observing the frightening sight in his parking lot, Marcus, went home to make some phone calls. When he returned he requested badges from all law enforcement present. He recognized District Attorney Bonnie Dumanis’s Team Nine of the NTF and Team Nine recognized him. Marcus refused to allow entry so the entire gang of them waited for a search warrant, the first one to be served that day.

Shortly after Marcus, Heidi Whitman and Eugene Davidovich arrived with a camera. Eugene is the former chair of SDASA and Heidi currently serves on the steering committee. Both are long-time friends of Marcus’s. The three assessed together that, so far, the collective’s medicine had not been harmed. They waited for Team Nine to produce a warrant and find the Medical Marijuana Program Act cards around the cannabis plants. They assumed Team Nine must know state law – in place for 18 years – and would inspect the grow, then leave the sheriff to make his burglary report.

Marcus-Raid-300x156Unfortunately, none of that happened except the search warrant. Once it arrived, Team Nine observed the grow, sent the sheriff home and refused to honor state law. They called for another search warrant for Ideal Choice Insurance office and set about cutting down the cannabis garden.

In a strange twist, one of the NTF officers, called “The Sergeant,” became so heated by his work – cutting down plants – that he removed his hoodie, revealing a shirt beneath, which read “Marijuana Eradication San Diego, CA.” Those words were followed up with “Fuck the Growers… Marijuana’s Still Illegal.” Marcus tells us he was the head agent in charge.

That’s when the raid actually began for Marcus and was the catalyst for what happened next. Because the officers refused to honor the state legal medical cannabis collective, Eugene turned the camera on, got on his phone and we mobilized a protest of citizens. It is unclear why the officers refused to honor the collective’s state cards but they certainly did not like the camera pointed at them and the scene chilled, with officers scattering from the view of the lens and hustling Marcus into the building. They mentioned things would get “rougher” now that Eugene’s camera was on. Then local NBC arrived, this was the footage they aired that night.

Thankfully, things didn’t get as rough as they could have but Marcus spent several hours inside with the officers and was never arrested. He broke our rule, “Don’t talk to the police” when he began to politely relay what he learned about the endocannabinoid system to San Diego Police officer and cross sworn DEA, Paul Paxton. Paxton has been at many medical cannabis raids in San Diego and I’ve seen him testify in court. He could use some education so we give Marcus a pass for that. But, he reminds us all to practice good security culture.

Also present was sheriff deputy Matt Stevens, the NTF agent who embarrassed himself a few years ago when he, in a chopper, spotted bamboo growing in Ramona and thought it was cannabis. He then victimized seriously ill, Deborah and Dennis Little with court testimony, lying about their small garden. The Littles were victorious and are now suing in federal court.

Meanwhile, outside Marcus’s office, tensions were brewing and citizens were watching. Eugene, in his work as SDASA Chair, is a well known medical cannabis raid responder in San Diego. He has vexed San Diego District Attorney, failed mayoral candidate and all-around bug to medical cannabis, Bonnie Dumanis’ NTF agents for years. It is for these sorts of NTF raids that SDASA has instigated political opposition campaigns against Dumanis in her last two bids, staging protests and supporting her opposition. Now here we are with our oppressors on SDASA’s doorstep.

Macus-raidA cannabis patient and media spokesperson for SDASA, Heidi Whitman was on hand to speak to the press about the waste of money and serious harm that comes from these unlawful raids by Dumanis’s NTF. Yes on S campaigners, Canvass for a Cause, a radical queer organization and beloved friend to SDASA also responded to Marcus’s office within minutes as well as local medical marijuana attorney, Melissa Bobrow. Then more media showed up and prompted this “Vulgar T-Shirt,” investigative report by Local ABC’s Allison Ash.

Ideal Choice Insurance is Marcus’s livelihood. He is a family man and losing even a day of income harms him and his family. Many times SDASA has needed Marcus and he has come through for us – he IS us, in some sense. I am outraged that NTF shut his office down. By insisting on the removal of the meter they have cruelly and devastatingly harmed his family.

Thankfully, the officers did not take the business’s computers and equipment. In fact, the only thing Team Nine took from Marcus’s office was the newly installed security camera – the one that had been pointing at the exterior door and quietly uploading footage of the burglary, off-site.

The City of Imperial Beach has an ordinance and, Marcus was following it to the letter. It is legal to grow with three patients or fewer, which is what was happening in the building. Marcus was not charged and did not deserve to be raided in this smash and grab manner by NTF. Now he will have to fight to get his property and medicine back from Bonnie Dumanis’s office, like so many before him. An astounding number of folks have reached out with kind words and offers of help. Marcus has created a GoFundMe page. He will use the funds for any legal battles and donate any remaining to continue the education campaign he started with Officer Paxton. Marcus’s long-time wish has been to circulate Americans for Safe Access Condition-Based Booklets at strategic trade shows, community forums and outreach events hosted by law enforcement.

We hope you will consider a donation to Marcus. The love and support the community showed during this traumatic time was awesome. I visited Marcus in his office and he was both touched and also scared for his future. His message to the community ”Please stay capturesafe and remember, OneLove.”

Thank you, Marcus Boyd for standing strong.

Original Article From SafeAccessSD.com

DONATING and SHARING will send a strong message back to Bonnie Dumanis’ NTF Team 9.

If you can not donate, please share this GoFundMe page.

 

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Former San Diego Charger Linebacker Steve Foley wins settlement in police shooting case

Steve Foley

Steve Foley

Steve Foley a former linebacker in the NFL who played for the San Diego Chargers was shot outside his house by off-duty San Diego Police Officer Aaron Mansker on September 3 2006, after Mansker observed Foley driving at speeds ranging from 30 mph to 90 mph on a San Diego freeway. Mansker, wearing Civilian Clothes, followed Foley onto a local side street and identified himself as a police officer (but later testified he did not show him his badge) Foley got out of the car to confront Mansker, then returned to his vehicle and continued driving. When Foley reached his home street he noticed the officer had followed him, again exited his car and advanced on Mansker. The Officer fired two shots into the vehicle’s hood in what he claims was self-defense. Mansker claimed he saw Foley reach into his waistband and reacted by shooting Foley in the knee. The officer fired three more times. Foley was taken to a local hospital where the wounds were found to be non-life-threatening. He was placed on the non-football injury list and did not play during the 2006 NFL Season, Causing him to forfeit his $775,000 salary for the season.

On May 3, 2007, Foley pleaded guilty to driving under the influence, a misdemeanor, and was given 5 years of informal probation.

In accordance with the policy of the Coronado police department, Mansker was placed on administrative leave and was reinstated to full duty in January 2007. On December 14, 2007, the San Diego District Attorney declared the shooting legal.

In February 2007, the American Civil Liberties Union sent a letter to the California Attorney General’s office on behalf of 25 local community, religious, and civil rights groups criticizing a pattern of questionable police shootings in the San Diego area, asking the state to intervene due to the San Diego District Attorney’s problematic handling of these cases, including the Steve Foley incident.

Lawsuit against the city of Coronado

On January 31, 2007, Foley announced that he was suing the city of Coronado and Aaron Mansker in a civil negligence claim. The complaint was seeking to reclaim medical expenses and “the loss of past and future earnings.”

Steve Foley

Steve Foley

Two weeks into the civil trial, a conditional settlement was announced . Although settlement terms were not at first disclosed, it was reported a few days later that Foley received a $5.5 million settlement from the City of Coronado.

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