Andre Byik
Bay Space Information Group
(TNS)
WARNING: VIDEO CONTAINS GRAPHIC CONTENT
NEWARK — Sevgi Fernandez’s intestine turned because the police physique digital camera footage unfolded.
Fernandez, founding father of the Bay Space police accountability nonprofit Collectively We Stand, watched as officers confronted 19-year-old Newark resident Elmer Lopez-Castaneda throughout a site visitors cease right here on a stolen automotive this spring.
The footage reveals officers opening fireplace on {the teenager} after police say he “ignored officers’ instructions” and grabbed from his waistband what they thought was a firearm, however was really a reproduction airsoft pistol.
To Fernandez, the footage, which was released in May by the Fremont Police Department, doesn’t clearly present whether or not Lopez-Castaneda grabbed the airsoft gun.
“What is evident is it was not aimed toward anyone on the time they riddled him with bullets,” Fernandez mentioned, noting Lopez-Castaneda’s again was turned towards officers on the time he was shot. She added, “They murdered him unnecessarily.”
Fernandez–whose group was shaped after the 2014 police taking pictures of Michael Brown in Ferguson, Missouri, and advocates for victims of police brutality and racism–joins civil rights attorneys who’re questioning the actions of officers within the April 13 taking pictures of Lopez-Castaneda, who police have described as a carjacking suspect in a case the place a automotive had been stolen at knifepoint earlier within the 12 months.
James Cook dinner, an lawyer for the high-profile legislation places of work of John L. Burris in Oakland, and Mark Merin, a Sacramento-based lawyer who usually handles circumstances of alleged police misconduct, reviewed the publicly launched body-cam footage of the incident final month at Bay Space Information Group’s request.
They are saying Lopez-Castaneda was met with presumably complicated instructions by officers and didn’t pose a right away risk earlier than he was gunned down.
“One of many issues that I’d say if I used to be suing them is that, ‘Hey, all of them began screaming instructions on the similar time. He’s getting combined messages,’” Cook dinner mentioned, including, “The man simply didn’t have an opportunity.”
Merin referred to as the taking pictures “indefensible” as a result of Lopez-Castaneda didn’t level a weapon — lethal or not — towards officers or anybody else.
“It’s a nasty shoot,” he mentioned, including, “The legislation says until he’s threatening an officer with grievous bodily harm — or another person — they don’t have a proper to make use of deadly pressure.”
Neither Cook dinner nor Merin was representing Lopez-Castaneda’s relations in any civil motion. It’s additionally unclear whether or not litigation is being pursued in any respect. Town of Newark mentioned final month it had not obtained a declare for wrongful loss of life or in any other case. In response to a public information request, the town of Fremont mentioned it couldn’t find a declare associated to the taking pictures. The submitting of such claims can sign a forthcoming lawsuit.
Lopez-Castaneda’s family couldn’t be reached for remark.
The taking pictures is among the latest to be investigated by the California Division of Justice underneath AB 1506, a police reform invoice that took impact in 2021 and requires the state Lawyer Normal’s Workplace to overview for potential felony legal responsibility all police shootings that end result within the loss of life of an unarmed civilian in California.
To this point, Lawyer Normal Rob Bonta’s workplace has accomplished critiques in three circumstances, discovering inadequate proof to pursue felony fees towards officers in each. One other 40 such circumstances are currently under investigation, together with circumstances in Antioch and San Francisco.
The Lawyer Normal’s Workplace declined to touch upon the Newark case, saying it’s unable to supply additional info on an ongoing investigation.
The concerned officers have beforehand been recognized as Trevor Damewood of the Newark Police Division; and Anthony Piol, Jesse Hartman and Thomas Degenstein of the Fremont Police Division.
In an emailed assertion, Newark Police Chief Gina Anderson mentioned she is “assured DOJ will conduct a good and neutral investigation and I’m trying ahead to the decision.”
https://www.youtube.com/watch?v=-YJN_mzZ5PA
Anderson mentioned it could be inappropriate to touch upon the continued probe. However she mentioned, “All Newark law enforcement officials endure in depth coaching, which incorporates tactical communication, de-escalation methods, scenario-based coaching, and disaster intervention coaching, amongst different essential expertise trainings.”
The Fremont Police Division declined interview requests, referring inquiries to the Lawyer Normal’s Workplace.
Footage launched by the Fremont Police Division reveals occasions main as much as the deadly taking pictures of Lopez-Castaneda, beginning with a carjacking at knifepoint that was caught by a surveillance digital camera on Feb. 14 in Newark and ending with Newark and Fremont law enforcement officials conducting a “high-risk site visitors cease” on the stolen automotive April 13 on the Chase Suite Lodge Newark-Fremont on Cedar Boulevard.
A number of officers surrounded the automotive with their weapons drawn and commenced shouting instructions at Lopez-Castaneda, who was seated within the driver’s seat, and his passenger, who police have described as an affiliate however stays unnamed.
One officer may be heard within the video asking his fellow officers to “maintain,” and directing a single officer to take management of instructions, which Cook dinner, the Bay Space civil rights lawyer, famous as an necessary second.
“We do have one officer saying, ‘Hey, everyone, please shut up,’” Cook dinner mentioned. “As a result of it’s harmful when a number of persons are shouting instructions.”
Lopez-Castaneda seems to adjust to instructions to get out of the stolen automotive along with his palms on his head. As he begins to show his again towards officers as directed, an officer shouts “Gun! Gun!” after police say the officer noticed what he perceived to be a firearm within the teenager’s waistband, which was sagging low.
The officer instructions Lopez-Castaneda to “drop right down to the bottom, now,” and extra officers can be heard shouting as {the teenager} — along with his again partially going through officers — strikes his left arm right down to his waistband, the place police say he was carrying a “full-metal airsoft pistol” resembling a Beretta M9 handgun.
A number of officers fired their service weapons as {the teenager} reached for his waist. A number of officers additionally fired “less-lethal units,” together with 40mm rounds and pepper balls.
Lopez-Castaneda died on the scene. The airsoft gun flew onto the hood of the stolen automotive subsequent to him earlier than touchdown close to his physique.
About 3 seconds elapsed from the time an officer yelled “Gun!” to when police opened fireplace.
Cook dinner mentioned the footage raises questions in regards to the officers’ use of de-escalation methods, which he famous is a part of coursework offered by the California Fee on Peace Officer Requirements and Coaching, or POST.
Fernandez, the founding father of the police accountability nonprofit, mentioned her group works with households within the Bay Space and throughout the nation, serving to them discover attorneys for session, navigate police reviews and requests for physique digital camera movies, and join with psychological well being sources.
Fernandez mentioned she intends to contact Lopez-Castaneda’s household to supply assist.
“Our taxpayers,” she mentioned, “are paying for our kids to be killed by vigilante law enforcement officials who both ignore their coaching or didn’t obtain the correct coaching to deal with these conditions.”
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