Month: March 2013

Fire Staffing: Rifkin Took a Swing, Council Took a Gamble

OvertimeLast week, Davis Enterprise columnist Rich Rifkin took a volatile situation, disagreement over fire staffing and, pardon the pun, threw rhetorical gasoline on the fire.

His column lead with: “Stupidity. Corruption. Fear. Take your pick.  One or more of those explains why the Davis City Council, when given the choice between a more expensive option that provides worse service and a less expensive structure that promises better outcomes, chose last week to stick with what we now have – the costlier, inferior model.”

Proposed STEAC Storage Facility Draws Concerns From Neighbors

STEAC-1The Davis Short Term Emergency Aid Committee (STEAC) provides immediate short-term assistance with basic necessities to Yolo County families and individuals whose income falls below the poverty level.  That assistance may include help with rent, utilities, furniture, clothing, food and other basic necessities.

Currently, they have facilities that are located in Davis at 504 Fifth and 512 Fifth.  Currently those sites are owned by the city.

Eye on the Courts: Conviction Integrity – An Idea Whose Time Has Come

witness-idAs we celebrate the 50th Anniversary of the landmark Supreme Court Decision Gideon v. Wainwright, many will lament the demise of indigent defense – the many in the system who lack access to good and effective counsel, and the many who are represented by defense attorneys with indefensibly large caseloads as counties are forced to cut their budgets in the times of economic downturn, where indigent defense ranks below many other priorities.

The biggest outcome from these cuts in indigent defense is the rise of wrongful convictions – which are one of the most devastating occurrences in our legal system, for not only does it put the innocent behind  bars but it allows the guilty to go free and, in many cases, to kill or injure or terrorize again.

Sunday Commentary: Time to End This

Sacramento-River-stockThe other day we published an article with an update on the Prop. 218 process, which will come to a close at the Davis City Council meeting on Tuesday.  While the No on Measure I side has been continuing, at least to some extent, their efforts, it is starting to look like they are simply going through the motions.

Perhaps it is because the Prop. 218 process does not offer much hope, perhaps it is because, as of earlier this week, they were at only 2000 protests, 6000 short of the number needed.

What if We Gave Victims of Serious Crimes the Opportunity to Face the Offenders?

vigil-partidaBy Robb Davis

There has been much speculation about the factors that might lead someone to commit the kind of crime that was perpetrated against Mikey Partida.  While some of it may be premature it is a normal human response to try to make sense of something that is so senseless.

Certainly, much more will be learned about the event, the things that led up to it, the story of the perpetrator (whoever it turns out to be), and the likely outcome of a conviction, as the legal process moves forward.  We also know with certainty that Mr. Partida will need to go through a painful process of physical and psychological healing.  Some scars – physical and psychological – may never fully heal.  In quotes from Mr. Partida we have already learned of his fears and anxiety about moving around his hometown. Physical healing is only the first of many long steps he will have to take.

My View: But Aren’t All Crimes “Hate” Crimes?

MikeyIn 1997, I was an intern working in Washington, DC, and one of my issues was hate crimes.  Earlier that year, President Bill Clinton had called on Congress to pass the Hate Crimes Prevention Act.  However, that legislation would die in 1998 and it was not for a decade later (in 2009) that the act was signed into law by President Barack Obama.

In 1998, there were two horrific hate-motivated crimes. The murder of Matthew Shepard, a student in Wyoming, who was tortured and murdered because of his sexual orientation, and the decapitation of James Byrd, an African-American man, tied to a truck by two white supremacists, dragged and decapitated.

Suit Alleges GATE Petition Fraudulently Misappropriated Names of Parents in Support of Program

gateIn a strange case of identity fraud, a group called Davis Excel created a petition on Change.org, a website that allows people to form online petitions in order to bring about social change.  The group was attempting to lobby the school district to urge them to preserve the status of the current GATE program.

The group presented the petition, addressed to the Davis school board, stating, “We the undersigned are parents, teachers and citizens of Davis who strongly support the current DJUSD self-contained GATE program.”

A Troubling Picture Emerges of the Attacker in Davis Hate Incident

Garzon-ClaytonOn Thursday, the Davis Police announced the arrest of Clayton Garzon, a 19-year-old resident who attended Davis High School, with a history of violence and drug problems.

Mr. Garzon has been arrested and booked in the Yolo County Jail charged with Assault causing Great Bodily Injury; Committing a Hate Crime; Assault with a Deadly Weapon; Stalking; Committing a felony while on release from custody; and Inflicting Great Bodily Injury during the commission of a felony.

Street Level View Shows City Roadways Failing At Alarming Numbers

Pothole-stock.jpg

In early February the Nichols report came out showing the city’s Pavement Condition Index (PCI) was far lower than previously believed.  The average was 62, which puts the network in the fair condition category with a significant portion of the network suffering from “load-related distresses.”

Previous estimates had the number at 70, still a low number, but not quite the crisis.  One of the big differences is that the city had previously surveyed all streets and bike paths using a manual method, where “a person visually inspects each street (or path) segment and conducts a detailed survey of 10% of the segment considered to be representative of the segment’s condition.”

Jury Misconduct Gives Yolo County Man a Second Chance

12-angry-menTwo years ago, in January 2011, the Third District Court of Appeals threw out the conviction of Kyle Vigil, who received a 15-year to life sentence for his role in a drive-by shooting in Woodland, after being acquitted of the first shooting, but convicted of aiding in the subsequent drive-by gunfire with gang enhancements.

Citing jury misconduct in the form of a home experiment conducted by a juror on a crucial piece of evidence, the court overturned that conviction based on events that occurred in June of 2007 when Kyle Vigil was just 17.

UPDATE: Police Announce Arrest in Hate Attack

Mikey
Police on Thursday afternoon have announced the arrest of 19-year-old Clayton Garzon, a Davis resident. Garzon was taken into custody on March 14, 2013, without incident.

Mr. Garzon has been arrested and booked in the Yolo County Jail, charged with assault causing great bodily injury; committing a hate crime; assault with a deadly weapon; stalking; committing a felony while on release from custody; and inflicting great bodily injury during the commisssion of a felony.

Help the Vanguard Update Our Website

Vanguard_-_VWe have had an amazing amount of support in the last three months and I would like to give a heartfelt thanks to everyone who has contributed to help the Vanguard.

We are now just 2000 dollars short of our goal.  The editorial board met last night and we have submitted proposed website changes to our web developer who will then get us an estimate on the cost.

 

Time Running Out For Prop 218 Protest

water-rate-iconOpponents of Surface Water Project Make Final Push with Op-Ed: The opponents of the surface water project, despite the result a week ago Tuesday where the voters approved Measure I by 1200 votes, or a 54-46 margin, continue to work for ways to oppose the water measure.

However, time is running out for the Prop. 218 protest, which will close officially with a public hearing at the Davis City Council meeting next Tuesday.  Under the provisions of Prop. 218, the owners of the various parcels around town are able to submit formal protests to the city.

Juror Hung Vehicular Homicide Case Believing Defendant “Railroaded”

crashWhen a crash on I-5 in Woodland on August 8, 2011 left three people dead and seven others with injuries – some very serious – the Yolo County District Attorney’s office put the blame on “one man and one man only,” Gubani Roderico Rosales Quinteros.

The 42-year-old faced three felony counts of vehicular manslaughter with gross negligence.  The defense attorney, Chief Deputy Public Defender Allison Zuvela, called the crash a tragic accident and nothing more.   At the same time, she noted the poorly planned freeway construction zone that may have played a role.

Possible Hate Crime Stuns Davis Community

hate-crimeThe crime is stunning – around 3 am on Sunday morning a young man was violently attacked, beaten nearly to death.  He suffered a fractured skull, bleeding on his brain, multiple fractured bones in his face and a laceration to his head that left a pool of blood on the lawn where he was beaten.

According to his family, the bruising and swelling around his eyes is so bad he still has not been able to open them, along with having a cut under one eye that went all the way though the lid. The trauma to his ear was so severe it caused his ear to swell three times its normal size and it had to be lanced to release the pressure.

Misperceptions Regarding State Law on GATE Requirements

gateSince 2010, Local Districts Have Complete Control Over Local GATE Programs – Proponents of maintaining the current district GATE program have been erroneously citing state law, that effectively no longer exists, suggesting state mandates on GATE programs.

In his letter to the editor, Eric Hays wrote, “Most importantly, there has been what I see as an attempt to redefine GATE as a program specifically for twice exceptional students or ‘real outliers.’ “

Commentary: Council Rolls Dice on Firestaffing

snake-eyesThe Vanguard was deeply disappointed last week when the Davis City Council pushed off the decision on fire staffing to coincide more with the public discussion of the budget.  We believed at the time and continue to believe that the issue needs to be addressed within a budgetary framework, but the issues of staffing also need their own context.

At the same time, we think the council is rolling the dice in light of the ability of the firefighters to mobilize some in the community through fear and partial information.

VANGUARD COURT WATCH: “I Call Them As I See Them”

Yolo-Count-Court-Room-600By: Alexandra Rose and Catherine Woodward

On the morning of Monday March 11, 2013, in Department 4 of the Yolo County Superior Court, the domestic violence casewas set to start under Judge Rosenberg.

The Defendant is accused of the following felonies: injuring his wife, resisting an officer, attempting to remove a firearm from said officer, child abuse, and damage to power/telephone lines.  He is also accused of a misdemeanor for injuring a wireless connection device.

Santa Clara DA’s Conviction Integrity Unit Draws Praise From Reform Advocates

witness-idIn early 2011, then newly-elected Santa Clara District Attorney, Jeff Rosen, created a Conviction Integrity Unit.  Led by prosecutor David Angel, the department was set up to review cases of alleged prosecutorial misconduct and create policies to prevent errors.

In a statement at the time, Mr. Rosen said, “Integrity is central to the Santa Clara County District Attorney’s Office. We will protect defendants’ rights, even as we justly prosecute them. For a prosecutor, the ends never justify the means, we do the right thing, and we do it the right way.”