Following a request from the Vanguard, UC Davis Police Chief Matt Carmichael has released a redacted police report from the August 26, 2015, arrest of Fayia Sellu, a former UC Davis student who spoke with the Vanguard last week and filed a formal complaint regarding his treatment in the incident.
Officer Guerrero wrote of the incident that occurred at 0130 hours which was called in at approximately at 0013. “On the above date and time, I, OFC M Guerrero responded to Shields Library (24 Hour Reading Room) on a reported suspicious (redacted) who had entered without the use of a card key. Upon arrival subject (redacted) was located inside the 24 hour reading room. We asked (redacted) to step outside after determining that (redacted) did not had (sic) an access card to the room and (redacted).”
Officer Guerrero writes, “I explained to (redacted) that (redacted) was not allowed to use the facility as (redacted)… argued about it but eventually decided to leave the campus.”
Mr. Sellu was cited under Penal Code section 626.6(a), which is “If a person who is not a student, officer or employee of a college or university… is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act, the chief administrative officer or his or her designee may direct the person to leave the campus or facility. If that person fails to do so or if the person willfully and knowingly reenters upon the campus or facility within seven days after being directed to leave, he or she is guilty of a misdemeanor…”
As indicated, he was “contacted as a result of a complaint” about accessing the 24-hour room. He allegedly “gained access to the building as a student left.” They say he had an old dorm card in his possession and it did not work. He “refused to leave building when asked by (Officers) Sheffield and Guerrero.” He was escorted out and issued the section 626 Penal Code violation. He was then released at the scene.
Chief Carmichael explained to the Vanguard, “All complaints related to police misconduct are investigated outside of the police department by the Office of Compliance. Furthermore, once the investigation is complete it is forwarded to the UC Davis Police Accountability Board for review and recommendation to the Chief of Police. From this process an annual report will be published detailing the entire process including information about the complaints received.”
The chief confirmed that this particular complaint was forwarded to the process some time ago.
Mr. Sellu told the Vanguard that, as a former student, he has often utilized the 24-hour reading room on the side of Shields Library to do late night reading and studying. He told the Vanguard he had seen the two officers enter the reading area, but thought nothing about it as he was soon absorbed in his reading – when he discovered the two officers were standing directly over him.
The officers said he refused to leave, but Mr. Sellu told the Vanguard that when the officers approached they asked for identification and that when he reached into his pocket to get that identification, they asked him to go outside rather than attempt to resolve the situation inside.
He told the Vanguard that he willingly went outside in order to clear up the matter. However, at this point, the demeanor of the officers changed. There was no mention in either report about the manner or speed of the arrest.
“On approach of the lobby, Officer Sheffield dashed for my right armed and twisted it in a motion as to get me face down. Two other officers waiting in the wings of the lobby joined in and handcuffed me with no apparent tussle,” he said.
He said, “I was told among other things that my student ID had expired, hence, terminating my access to the study lounge. I accepted that.”
We are still left with the puzzle as to why the police were called in the first place. His bigger complaint, however, is the treatment by officers once they confronted him. Here, there is nothing in the police report to guide us.
Mr. Sellu told the Vanguard, “What baffled me however, and SHOOK me violently both physically and psychologically, is the over-zealousness with which the detention was carried out. I stepped out of the building I used to occupy as a student fairly recently, in handcuffs, to face four police escort SUVs parked at the curb outside.”
Again, Mr. Sellu has filed a formal complaint and that complaint will go through the formal complaint process.
—David M. Greenwald reporting
David
Thank you for the follow up. The two issues that remain in question are as you have stated, why the police were involved in the first place given the cited regulation “If a person who is not a student, officer or employee of a college or university… is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act”. It would appear that neither Mr. Sellu’s nor the police account gives any indication that he was doing anything other than reading in an area to which he did not have access by card. However, reading could hardly be interpreted as “an activity likely to interfere with the peaceful conduct of the activities of the campus or faculty”.
Which brings me to a second question. Noting that the regulation cited was not trespass and since he does not appear to have been in breach of the regulation cited, why was he even asked to leave ? And why was any force needed ? With questioning as to his activity ( reading ) concluded, why was he simply not allowed to continue reading ?
It seems like they are saying he was technically trespassing on university property. Why they suspected him in the first place is part of this story and then the other part is his allegation of excessive force. Unfortunately unless this was captured on video, I suspect it will remain unresolved.
So he was “technically” committing a crime, was detained and given a warning and not arrested. Because he is black you now assume a racist motive. It would be interesting to see what, if any, crime reports have been made about that reading room.
What exactly is he doing in the reading room at 1 AM if he is no longer a student?
Is he working, doing an internship, unemployed?
Tia wrote “And why was any force needed?
David wrote “Why they suspected him in the first place is part of this story and then the other part is his allegation of excessive force. ”
Thank you, David, for this article. I appreciate the PD’s redactions. I guess we may never know all the details re: why the cops were called.
Upon reflection, I’d like to redact my earlier comment that the police handcuffs (plastic) really hurt me when I was handcuffed several years ago. I believe the plastic handcuffs they used perhaps did not hurt me physically as much as I was emotionally hurt. I don’t know why Mr. Sellu was pushed to the ground. (Years ago, I was handcuffed in my nightshirt and I did not make any sudden moves.) I was an older woman so perhaps that was a factor. I don’t know what happened in this reported incident. I do appreciate the police redactions. Thank you for the update.
I’m just speculating here, but perhaps the initial call to the police was from the student who left and saw Mr. Sellu enter before the door closed. It was obvious that Mr. Sellu was not authorized to enter and was doing so illegally.
One of the things I am wondering is if I entered in that matter as a 42 year old ex-student with a graying beard, would they have called the police on me? My guess is no, but that’s only a guess.
So everytime someone of color is stopped or held suspicion for a crime are we going to make it a racial incident?
No. But this incident does as at least lend itself to asking the question: Do you believe I would have been treated the same as he was in that situation? I don’t believe I would have even if I was reluctant to leave the library. I certainly don’t think even if I flat out refused to leave, I would have been arrested in that manner. So no, every time time someone of color is stopped does not make it a racial issue, but the specifics of this case, lead to those questions.
David, it only leads to those questions because that is you, that’s what you always do.
It just seems like you don’t want to ask those questions because you are afraid of what you might find. Shouldn’t we ask if people are getting equal treatment under the law? Isn’t that a paramount part of our constitutional protection? The question I have is why wouldn’t you ask those questions?
David, you’re crying wolf again. Keep it up, when you actually have a real story of racial discrimination nobody is going to listen.
do you believe that a white person would have been treated the same? you keep wanting to dodge that issue and accuse david of crying wolf.
Yes, I believe the police response to a report of a trespasser would be, and should be the same regardless of race, age, or appearance of the trespasser.
David, that is a false analogy, and you know it.
The question is whether a similarly aged other-student entered, would another patron (we’re guessing here) call it in?
The next question is would that person give the police a hard time when they knew they entered and were using the facilities illegally?
You also gloss over the time. It was 1 AM, not 1 PM. A 1 PM call would be handled 100% different. I’ve heard police refer to the 12 – 3 AM time frame as the “bewitching hour”, and also heard them say “nothing good happens after 12 midnight”.
If I were the student who was exiting and I saw you enter illegally before the door closed, I might be inclined to call the police. The issue has NOTHING to do with race, age, or appearance. The issue is that this is a controlled environment and it is illegal for those without authorization to enter.
Disagree with you. I believe I could pull that ten out of ten times and never have the police even called. I believe absolutely that the only reason the police were called was it was a black man entering the library.
BTW, that is not necessarily on the police The Eli Davis matter for example – mowing while black – was just as much on the vague and presumptuous report by a citizen as the mishandling of it by the police office. The citizen saw a black man who was evidently a sales person and presumed they were there for the purpose of burglarizing a residence and then gave a vague description to the police.
The reason that the police were called was because a person had entered the reading room without authorization. The police response should be the same regardless of the race, age or appearance of the trespasser. I hope that ALL trespassers are reported to police regardless of whether they are black, brown, green, blue, or white.
Mr. Sellu should have reported to you that he had entered the facility illegally before you wrote the initial article. He undermines his credibility with his failure to accurately report this fact.
Disagree with you. I believe I could pull that ten out of ten times and never have the police even called. I believe absolutely that the only reason the police were called was it was a black man entering the library.
You might be able to pull it off ten out of ten, but over a longer period of time, eventually someone would call you on it. How many times do you think Mr. Sellu pulled it off before someone called him on it? Your initial story states that he has frequently used this room, presumably gaining entry in some illegal fashion. This just happened to be Mr. Sellu’s bad luck day.
I used facilities at another college without official campus ID. The library staff questioned me two times, and I had security “check in” on me several times when I was using campus facilties for research.
But there is a difference on how I reacted compared to this individual. I was polite, deferential, and followed requests 100% to the “T”. I would then explain my connection to the campus, and they generally bought it, although a few times there were questions and they made me jump through hoops – and I am not black. So there goes your theory.
I think I was primarily questioned late at night, often after midnight, by security, which makes perfect sense. Young males late at night are seen as potential criminals, and young females potential victims.
There’s the problem. He entered the building illegally then refused to leave.
If the police account is accurate.
Mr Sellu was clearly in the wrong here. If he had been compliant with the officers and left the building as requested, he probably would not have been handled roughly nor handcuffed.
If this had been me, I would have apologized to the officers, and left the building as requested. It baffles me why some people think they can defy law enforcement officer’s instructions without incurring negative consequences.
Is he clearly in the wrong? He told me that he was reaching for his wallet and they asked him to go outside to handle the situation. The police says he refused to leave. We don’t know which version is accurate.
Yes, he knew that this is a controlled access facility and he did not have authorization to enter. He entered illegally, so he was in the wrong in this regard.
I question that as well. If he believed he was entitled to use of the facility as an alum and his card wasn’t working properly, he may well not have knowingly illegally entered. This is based on what he told me.
If he wanted to have access to the controlled access facility and his card was not working, he should have gone to the appropriate office during business hours to get the issue resolved. Sneaking in when someone else opens the door is clearly NOT allowed.
In the initial article on this incident, the Vanguard should have reported that Mr. Sellu accessed the facility illegally.
If no longer has a key, because he is no longer a student and doesn’t have a current ID that would grant access, then he needs to use the library during public hours. The late night study area is just a room available to students to study. There is no reason for general public to be there.
I wouldn’t have known that alumni weren’t permitted in there.
https://www.lib.ucdavis.edu/ul/services/computers/wireless/ehrr.php
If your old dorm card doesn’t open the door, then that is a good sign that you don’t have access. Students have long complained about non-students accessing this study space.
If you don’t have a key card that gives you access, that’s a pretty good indication that you don’t belong there.
If I wanted to use the facility at night, I would go to the appropriate office during business hours and talk with the administrative staff to get proper authorization and a key card that works. This is what Mr Sellu should have done.