In court documents, Knight did not explain how the destruction could have been inadvertent when it was initiated, approved and carried out with the knowledge of senior Vallejo officials, including herself. Open Vallejo This material may not be published, broadcast, rewritten, or redistributed. Fan of Dodgers, Angels, Lakers, Kings and Raiders. The incident is currently under investigation by the Vallejo Police Departments Detective Division. VALLEJO, Calif. (KTXL) The Vallejo Police Department is investigating a shooting that left at least three people injured. A generous gift in any amount helps us continue to bring you this service. The purged items include firearm evidence, interviews with witnesses and shooting officers, clothing from the victims, fingerprints, lab photographs, and detectives case files, according to property lists obtained by Open Vallejo. ), California DOJ officials would not confirm whether they sought the specific records that the city discarded; the agency denied a public records request by Open Vallejo for the other two subpoenas and other documents, citing a legal exemption for records relating to an investigation into potential violations of law.. Californias COVID-19 state of emergency is over. Whitney declined Giordanos request for an interview because he did not think investigation would be done properly. Three people died after being ejected from a fast-moving stolen car following a carjacking in Vallejo and a subsequent police chase, according to the California Highway Patrol. Built with the Largo WordPress Theme from the Institute for Nonprofit News. Open Vallejo has sought Vallejo police records, including many of the now-destroyed files, repeatedly since 2019. The Broadmoor Police Department is looking forward to his continued service to our community. The purge was also unlikely to have been triggered by a lack of space, as police shootings represent only a small fraction of the files maintained by the police department, she testified. They do not believe she was the intended target. "The fact that he was here, potentially he saved a child's life.". "It's disgusting, it's heartbreaking," said Angela Sullivan, Foster's aunt. Jenkins sued the department later that year. The Vallejo Police Department previously told the I-Team the hold up was with the city attorney's office. At the time, Mustard was in charge of the evidence section and had in-person access to the departments evidence room when escorted by evidence personnel, Dailey testified. Gabriel is passionate about local news (he hosts a podcast on the subject), trying new restaurants and escaping the San Francisco fog. To acquire the records identified by the city would have cost $43,878, including $25,608 for audiovisual records relating to the now-destroyed cases, according to a cost estimate provided by the city. The 2012 killing of 23-year-old Romero, the father whose death led to enduring protests, remains one of Vallejos most costly and highly contested police shootings. "For someone to make a decision and find that it was okay to put this man back in that same position of power I think is disgraceful I think it's irresponsible," said McCoy. Weeks before that deadline, between January 11 and 20, the records in five of the shootings were destroyed. (L). The department destroyed nearly all audiovisual and physical evidence in the six cases, a review by Open Vallejo has found. They said on Monday night, Fairfield police officers were flagged down on Pennsylvania and Missouri streets for a shooting. In the interview Friday, City Attorney Nebb said that Knights email was not an official approval because the policy requiring written signatures had not been obtained. She certainly shouldn't have been charged with any crime and booked in the county jail, and that we needed to conduct an internal affairs investigation effective immediately.. The transcripts detail Whitneys version of events and corroborate previous court testimony in an unrelated case, further illustrating who knew about the tradition inside one of Californias most deadly police departments. Krishna Abrams' office offered additional background details saying this case was of significant public interest. Encarnacion found herself holding the case file for the notorious killing of Mario Romero, a young father whose death at the hands of Vallejo police in 2012 sparked citywide protests. Copyright 2023 KGO-TV. The background investigation was completed in accordance with California state/POST guidelines. Family members of Angel Ramos protest in the streets of Vallejo following his killing by police on January 23, 2017. Vallejo officers Sean Kenney and Dustin Joseph shot Romero 30 times. She did not respond to requests for comment. Knight is one of the lead attorneys defending the city in the resulting lawsuits, court records show. "It's a direct slap in the face," said Kori McCoy, Willie McCoy's brother. The shooting victim said as soon as he asked if he was being set up that two men wearing ski masks shot him in the back. Within two hours, about ten officers turned in their badges, Whitney said. CBS News Bay Area: Some autopsy and crime scene photographs had been stored on computers, but more than 280 other pieces of evidence were destroyed, including from highly controversial cases. This button displays the currently selected search type. They shouldnt be deleting anything right now at all.. Mustard supervised both the Monterrosa and McCoy investigations. Despite the warning flags raised by POST, Vallejos evidence problems persist. "It's a nightmare, it's a nightmare," said Sullivan. Police have yet to find a suspect in that incident as well. At the time of the crash none of the victims were identified. The destruction encompassed hundreds of pieces of physical and audiovisual evidence from six police shootings that occurred in 2012 and 2013, two of the departments bloodiest years in decades. He said it would create more liability for the failure to supervise, and he just wanted that left alone because only a few people knew about it.. (R). Prior to handing it over, Whitney told Iacono he needed to call his wife to tell her not to call or text him, but then erased the phones contents by resetting it to factory settings. She agreed, Whitney testified. At the time of the shooting, at approximately 3:30 p.m., Vallejo High School students had already been dismissed for the day. Both the public records and evidence sections of the Vallejo Police Department remain understaffed, according to the POST study and deposition testimony. He testified that they watched the video of the Jenkins stop and Iacono opined that the officers had not used excessive force. VIDEO: Bay Area DA explains why she refused to probe fatal police shootings. Former police Lt. Kent Tribble testified last year that he brought the tradition when he transferred from the Concord Police Department in 2003. Biden: Putin made 'big mistake' by suspending US arms treaty, Watch: Rescuers save small dog trapped in rubble following earthquake in Turkey, South Carolina woman killed in Kroger parking lot spit at suspect prior to shooting: police, Son arrested in Santa Rosa after mother assaulted with hammer, Georgia woman who lost toe after pedicure says she's now 'a walking PSA': What you need to know now. At the time of the incident, police say there was a college fair going on, three classes in session and approximately 200 student-athletes on campus. VIDEO: Vallejo police release body cam video of controversial shooting at Taco Bell. The city disclosed evidence logs containing additional details more than three months later. A Vallejo restaurant worker says one of her regular customers is a hero for coming to her aid when she was confronted by an apparent robber, who shot him dead. Though the City produced emails to Open Vallejo which appear to show Assistant City Attorney Katelyn Knight authorizing the destruction of evidence in five cases, in an interview Friday, City Attorney Veronica Nebb said the purge had not been officially approved by her office because additional mandatory steps had not been followed. Prior to the McCoy shooting, McMahon shot and killed Ronell Foster in 2018. How safe is your neighborhood? It is unclear whether authorities criminally investigated the destruction of the drone evidence. Such overlap between investigative and evidence functions can create a potential conflict of interest, according to guidelines the state agency published in 2022. Authorization to purge would have required additional steps which were not taken, Nebb said. For example, Vallejo initially claimed, in September 2019, that it did not possess audiovisual files for older incidents, including the 2017 killing of Angel Ramos. All Access Digital offer for just 99 cents! The city did not conduct an investigation until when Whitney exposed the tradition publicly a year after Bidou left the department. Open Vallejo also sought the subpoenas in the course of its litigation with the city, but received no response. If you enjoy our regular beat reporting, in-depth investigations, and deep-dive podcast episodes, chip in so we can keep doing this work and bringing you the journalism you rely on. Also that the interim chief at the time determined he hadn't violated department policy. The lawsuit is ongoing, but in a September hearing, Judge Gizzi indicated that the remedies in the case might hinge on whether the records were destroyed intentionally. Per City Attorney this case has been approved for disposal, she wrote in the files evidence log at 2:31 p.m. Final disposition: Destroyed.. I was upset it was happening because that's not what law enforcement officers do. Darden now a lieutenant stared him down at the gym, which prompted Whitney to cancel his membership. Whitney testified that McMahon turned in his badge to then-Sgt. Check out Bay Area safety tracker, Tracking the drought: Map shows conditions across SF Bay Area, Bay Area Life; Sundays at 6:30 p.m. on ABC7, Oakland student charged for accidentally shooting 13-year-old at school, police say. Crime and Public Safety | We all know he shouldn't have something like that there's no keeping track of shootings and having it on your uniform.. He tried to retire months earlier and be hired on an interim basis to help the department look for a new chief, but state law prevented him from double-dipping into state coffers. The Vallejo Police Department Detective Division is investigating the motive and circumstances of the shooting. At least 26 killed in fiery train crash in Greece, McCarthy defends giving Fox thousands of hours of J6 video, Antioch: Homicide suspect arrested in Brentwood home. Been working at the Times-Herald full time since early 2011, was a stringer from 2001-2004 while in college at San Francisco State where I studied Journalism. Knight and a spokesperson for the City of Vallejo did not respond to requests for comment. The D.A. Lawyers for Open Vallejo alerted the state attorney general to the destruction of evidence, and have asked Judge Gizzi to consider a criminal referral for the destruction of public records, a rare occurrence. However, evidence logs and internal records obtained by this newsroom indicate that Vallejo has gotten rid of evidence in at least two dozen other shootings since 2000. Get Morning Report and other email newsletters. 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Officers said they found a victim suffering from at least one gunshot wound. She declined to comment. George Simpson told him the supervisors were watching Netflix, but when Whitney asked Bidou to investigate whether anyone was logged into Netflix that night, Bidou refused. The shooting happened at around 6 p.m. local time, the Oakland Police Department's Kim Armstead said at a news conference. Rocio Bedolla said intruders caused thousands of dollars of damage to her store, just to take about $50 from her family-run business. I felt like by not getting investigated, we're not keeping our promise to the community to be transparent and to do the right thing and hold ourselves accountable, Whitney testified And that was touted at community engagement meetings and yet, behind closed doors we weren't doing that.. The six cases were not destroyed because they were the oldest on file; the city still possessed evidence from earlier police shootings, according to Daileys deposition. John I can't remember how many bends there were, Whitney said. Whitney was looking for a job with another agency, but before he could leave he was fired. He never made it home. Former Capt. The responding officers found an adult male suffering from a gunshot wound in the street. Detective Mustard, who between 2010 and 2019 was also Vallejos police union president, was a lead investigator in all of the five cases he prompted to have destroyed and was at the scene during one of them, according to a review of the case files by Open Vallejo. Assistant City Attorney Knight stated in court filings that the destruction happened inadvertently and that the evidence should have been retained due to Open Vallejos pending public records requests. For years, the city has misclassified cases and used inapplicable legal exemptions to avoid disclosing a variety of records, this newsroom alleges in its lawsuit. The San Francisco Chronicle reported the stop in May 2019. He said that Horton later confronted him a second time, telling him the practice needed to stop. The identity of the victim has not been released. Jarrett Tonn shot 22-year-old Monterrosa the month before. Ryan McMahon was one of six Vallejo police officers who shot Willie McCoy more than 50 times in a Taco Bell drive-thru in February 2019, killing him. It's a story by the ABC7 News I-Team you'll see Only On 7. Maybe now is the time to make these changes.. Coleman declined to comment. "We take this all very seriously and we had a quick police response. said Jackari Taylor, 18, of Vallejo, was the driver of a stolen vehicle that crashed and that there were two additional passengers, both minors. Joshua Coleman shot him in the groin after he likely mistook a can of beer for a firearm. The incident marks the 13th homicide in the city. He was taken to the hospital with a non-life threatening injury. Whitney testified that Sgt. During an executive staff meeting in spring of 2019, Bidou told Whitney to instruct all the department supervisors to have anyone under their command who had bent badges to turn them in. However, we sent a message to our District families (Tuesday) night and are having one-on-one conversations with parents and children who have questions or concerns about yesterdays events.. Joseph Iacono at the meeting and Bidou participating by phone. The Vallejo Police Department responded to a Tuesday afternoon shooting near Vallejo High School, apparently between two moving vehicles.. Knight, the lead attorney defending Vallejo in the public records lawsuit, later disputed the words of the citys witness. Although no firearm was found, Kenney claimed that he retrieved a pellet gun near the floor behind Romeros seat following the shooting. Two firearms were located at the scene of the crash, including an AR 15, loaded assault rifle, and a loaded Glock-style pistol ghost gun. Officials said the robbery victim's stolen necklace was also located at the scene of the crash. A separate administrative investigation recommended one officer for discipline, but a subsequent hearing found he should receive corrective action instead, public records show. The files also show that the January 2021 purge violated city policy and potentially Vallejos agreement with the California Department of Justice. Now, Open Vallejo has asked the Solano County judge overseeing the lawsuit, Stephen Gizzi, to order that Vallejo implement measures to prevent improper purges, and to consider referring the matter for criminal prosecution. Based on the timeline Dailey provided in her deposition, it appears that Vallejo destroyed hundreds, if not thousands, of additional pieces of evidence between the change in its retention schedule and when the police transparency law took effect 21 days later. About that stop, Whitney testified that Jenkins verbally protesting being pulled over made the officers angry enough to put her on her stomach and shoot her in the back with a Taser when she was not physically resisting arrest or resisting their commands.. VALLEJO, Calif. (KGO) -- An investigation is underway after a Vallejo High School coach was shot and injured while trying to break up a fight right outside of the The study found that Vallejo needed better accountability measures so we can easily perform purging, audits and inventories, according to a September 2020 email Potts sent to the departments top leadership. Officers bent the tips of their star-shaped badges following their involvement in a shooting for more than a decade. Once there, police said officers found a 31-year-old from Vallejo and a 27-year-old from Albany with at least one gunshot wound each. After that meeting, Whitney testified he met separately with Quintana and Sampayan. I told him I believed that excessive force was used, unnecessary force was used, and the young lady should not have ever been charged or shot with a Taser, Whitney testified. Officers responded to the school after a report of a shooting around 3:45 p.m. near one of the entrances to the campus. D.A. Among the items to have been spared from the purge were a few hundred dollars kept for departmental use from the victims, including $132.30 that belonged to Romero. But Whitney said he was surprised when he arrived and found then-Capt. We shouldn't be bending our badges after we shoot someone. Anyone with information about the shooting is asked to contact the Vallejo police detective division at (707) 648-4524. The detective conducted interviews of shooting officers in each case, meaning he likely appeared in several of the videotaped interviews that were destroyed at his direction. Click here to become a sustaining member of our newsroom. Six weeks after Monterrosas killing, the California Commission on Peace Officer Standards and Training began, at the request of Potts and Williams, a study of Vallejo polices evidence and property unit. I have me, she said. The shooter has not been caught by VPD. He is well-liked and respected by his peers and by members of the community we serve. The shooting did not occur on campus but nearby. Scott Adams faces 'consequence culture' as U.S. newspapers drop Dilbert. Officer McMahon is an experienced veteran officer who, since joining our agency, has served the Broadmoor with fairness, equality, and constitutional policing. ", McCoy added, "We understand the blue wall is going to protect their own, they're going to rehire their own.". In his deposition, Whitney admitted the allegation but said he didnt think he did anything wrong. In April 2019, Whitney was acting chief of police while Bidou was out of the state. City records show that Whitney was fired for allegedly destroying data on his city-issued cell phone during an investigation. - Knowledge is power. Solano County District Attorney's Office gave an update Tuesday on a fatal crash and police chase that killed an 18-year-old and two minors who were in a stolen car. Encarnacion declined to comment for this story. Officers' bodycam footage was released Wednesday from the fatal shooting of a San Francisco man who police in Vallejo, California, say was partially kneeling when he was killed last month. But the videos do not show the moments leading up to the shooting. When the drone was transferred to Sgt. Documents indicate that some of the destroyed recordings had captured the victims words or actions in the minutes before their deaths, as in the case of 43-year-old Marshall Tobin, where surveillance footage from a business captured the killing. WebSenior officials ordered destruction of Vallejo police shooting evidence. Friends of the victim have identified him to ABC7 News as Joseph Pastrana, a local athletic coach they say is beloved in the Vallejo community. This material may not be published, broadcast, rewritten, or redistributed. Miss Manners: I shouldn't call because the phone scares people? Officers responded at 10:11 p.m. to the shooting reported in the 1000 block of Caldwell Avenue and arrived to find a 27-year-old woman, 18-year-old man and 16-year Another reason to safeguard the files, Brown said, was the citys reform agreement with the California DOJ. Lee Horton. It should be something that officers should make sure they recover from.. Copyright 2023 Informed California Foundation. The city also agreed to produce some audio and video records it previously claimed did not exist for a price. They were significant enough to where I could see them, and the badge was curled in There was more than one, at least two or three that I can recall.. Bidou said he would open an investigation, but Whitney testified that he didnt know whether an investigation was ever opened or what the outcome was. By then McCarthy had been involved in three shootings as a Vallejo police officer. high-speed car crash and police chase where three people were killed last week. My children were scared, my wife was very scared at the time, Whitney testified I did not want to be involved in anything involving Vallejo PD because I was scared they were going to do something else.. In a wrongful termination lawsuit filed in 2020 by former Vallejo PD Captain John Whitney, Whitney alleged Vallejo Police Department firearms instructors alerted him in February of 2019 that McMahon had embedded the words "Veritas Aequitas" on his firearm endplate. (It remains unknown whether any supervising official prompted or approved the destruction of the sixth killing, that of Marshall Tobin, which records show Mustard did not investigate.). Two Nuestra Familia members sentenced to federal prison for conspiracy to murder Norteos (The records obtained by Open Vallejo do not show when the evidence from the fatal shooting of Sherman Peacock was purged. The city destroyed the records although many were set to be disclosed under California transparency laws a potential crime, according to a motion filed by this newsroom last month. The first subpoena, served on the city in May 2020, demanded records created, maintained or altered since 2015, and did not specifically list the six cases. Detective interviews with Coleman, radio traffic recordings and two beer cans were destroyed in the case. Whitney said that he had known Sampayan from when he was a sergeant in the police department and that he was visibly upset. Forensic evidence, audio of the officers post-shooting interviews, and the pellet gun allegedly found in Romeros car were destroyed in the 2021 purge, along with the young mans t-shirt, baseball hat, and a bracelet found on his wrist. The agreement grants state investigators access to any and all VPD records, files, and other materials aside from attorney-client privileged information. Some of the other physical evidence, such as clothing or beer cans, would not have been disclosable under California law. FAIRFIELD, Calif. - Solano County District Attorney's Office on Tuesday gave an update to a high-speed car crash and police chase where three people were killed last week. Vallejo school district facing $5M in budget cuts, Former Vallejo police chief ignored badge bending for years, testimony alleges, Vallejo City Council asked to approve purchase of two closed schools. Another piece of evidence was lost in the Monterrosa shooting: footage from a drone that recorded the killing, according to public records. Fugitive hides out in Hearst Castle guesthouse, forcing tourists to shelter in place Whitney testified that he was investigated for leaking information to a reporter. A French bulldog that was stolen from its owners arms is safely back at home in Richmond. If its determined that the city of Vallejo said, Oh gosh, we better get rid of these records, the judge said, you will not convince this court that it was the legislatures intent that that should be an out afforded to public agencies.. I dont have that. Less than two months later, on May 29, McCarthy received a medal of merit, a life-saving medal and was nominated for officer of the year. 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