The ACLU recently filed a complaint with the California Commission on Peace Officer Standards and Training, (POST), which has the power to investigate law enforcement officers for decertification. We’re calling on POST to use its authority to conduct decertification investigations of nine current and former Vallejo Police officers for allegations of misconduct outlined in our complaint. This includes allowing police dogs to maul civilians, physical assault, and unwarranted use of deadly force that resulted in death.
“If POST does not use its authority to review and investigate these allegations, the Vallejo community will continue to suffer brutality at the hands of a police department that lacks accountability,” said Marshal Arnwine, Jr., legal policy advocate for the criminal justice program at the ACLU of Northern California. “The city has paid out more than $13 million in settlements resulting from alleged misconduct involving these particular officers.”
Dear POST Complaint Intake and Disposition Bureau:
I write on behalf of the American Civil Liberties Union of Northern California (ACLU NorCal), a civil rights non-profit and non-partisan organization. ACLU NorCal is an enduring guardian of justice, fairness, equality, and freedom, working to protect and advance civil rights and civil liberties for all Californians. We work to hold legislators, police, prosecutors, and other government actors accountable to the people.
In recent years, ACLU NorCal has been active in Vallejo in responding to the city’s lengthy and tragic history of police violence. We have learned of current Vallejo Police Department (VPD) officers who are alleged to have committed serious misconduct warranting an urgent and mandatory decertification investigation by the California Commission on Peace Officer Standards and Training (POST)—as required under California statute. We’re also calling on POST to use its discretionary power to initiate a decertification investigation into current and former VPD officers for the following conduct that occurred before January 1, 2022: 1) the use of deadly force that resulted in death or serious bodily injury and 2) alleged physical abuse.
If in fact POST has already investigated any of the officers listed in this complaint, we request that POST make its findings public in the interest of transparency.
Section II of this complaint highlights the critical importance of conducting an investigation of current and former officers because VPD has a long, well-documented record of using excessive force without accountability. Section III outlines ACLU NorCal’s formal inquiry for POST to investigate if VPD is following the mandatory reporting requirement with regards to the officers listed in this complaint. Section IV is a formal complaint urgently requesting POST use its statutory discretion to investigate nine current and former VPD officers. They all have been alleged to commit serious misconduct in the use of deadly force that resulted in death or seriously bodily injury. At the conclusion of this complaint, we lay out in detail: 1) the serious misconduct committed or alleged to have been committed by the nine officers in question; 2) the California law that supports POST’s statutory authority to either conduct a mandatory or discretionary review of each officer; and 3) the officer’s current employment status, if known.
If POST does not use its statutory authority to review these allegations, the Vallejo community will continue to suffer brutality at the hands of a police department that lacks accountability.
There has also been a huge financial cost to the community. The city of Vallejo has paid out more than $13 million in settlements resulting from alleged misconduct involving these particular officers. Vallejo residents deserve to feel safe in their community and shouldn’t be brutalized by those who have been sworn to protect them.
- POST’s Decertification Investigation into Current and Former Vallejo Police Department Officers is Necessary to Address the Departments Lengthy History of Violence Without Accountability
Vallejo is a small city (population 122,000). 1. Its police force killed at least 19 residents between 2010 and 2022—a per capita rate that exceeds all but one of the 100 biggest cities nationwide. 2. A study by Campaign Zero determined that the Department’s officers use more force per individual arrest than any other law enforcement agency in California. From April 2001 to June 2020, Vallejo officers shot 56 civilians, killing 30. 3. VPD’s critical incident review logs for April 2001-June 2020 reflecting each of these shootings can be found as Exhibit 1 to ACLU NorCal’s lawsuit against VPD. 4. In an attempt to provide transparency to the Vallejo community, ACLU NorCal filed a lawsuit to compel the city of Vallejo to release public records that contain information about VPD officers who bent their badges after on-duty shootings, allegedly as a badge of honor. 5. This complaint highlights former and current VPD officers for POST decertification review because the department has a lengthy history of violence without accountability. Additionally, a majority of VPD’s serious misconduct occurred before SB 2 became law. The retroactive timeline outlined in SB 2 does not mandate law enforcement to report to POST certain misconduct that occurred before January 1, 2022. Because of that, this complaint highlights the importance of POST using its discretion to review the officers mentioned in this complaint so that those family members and community members who have been harmed by alleged serious misconduct before SB 2 took effect can receive justice.
Decertifying officers who commit serious misconduct will be a step towards meaningful accountability that will positively affect systemic change within the department. Decertification will also show Vallejo community members there is a commitment to correct injustice and enhance public safety for the people of Vallejo. We learned from Vallejo community members that they do not trust VPD. 6. Therefore, we are urgently requesting POST conduct decertification investigations into officers who meet the SB 2 standard to help repair trust between law enforcement and communities, and provide accountability and justice.
- Formal Inquiry for POST to Ensure the Vallejo Police Department Follows SB 2 Mandatory Decertification Reporting Requirements of its Officers
First, this complaint serves as a formal inquiry to ensure that VPD complied with California Penal Code section 13510.9, subdivision (a)(1)-(5), which lists several categories of events that any employing peace officer must report to POST beginning January 1, 2023. 7. This list includes any complaint, charge, or allegation of conduct that could render an officer to be subject to suspension or revocation of certification by POST as defined by the definitions of serious misconduct outlined in California Penal Code section 13510. 8.Additionally, Penal Code section 13510.9(b) states, “By July 1, 2023, any agency employing peace officers shall report to the commission any events described in subdivision (a) that occurred between January 1, 2020, and January 1, 2023.”
9. Because of the above VPD was thus required by state law to report officer Colin Eaton to POST for alleged physical abuse that occurred on April 19, 2020. According to footage obtained from Eaton’s body camera, the officer stepped on an unknown man’s head with his boot for nearly a minute and a half. This happened even though the man had already been restrained. 10. It is further alleged that on October 13, 2023,11 Eaton physically abused Maiya Green (Green) by punching her in the face and putting his knee on her neck and shoulder. The first event happened during the January 1, 2020, through January 1, 2023, mandatory reporting time period that VPD was required to send alleged physical abuse incidents to POST for review. The second allegation of physical abuse took place after January 1, 2023, which is also a part of the mandatory reporting period. If VPD did not forward these alleged instances of serious misconduct to POST, this complaint shall serve as notice for POST to conduct a mandatory review of Eaton’s conduct for a decertification proceeding.
Furthermore, VPD was also required by state law to refer Officer Jarett Tonn to POST for a decertification investigation after he shot and killed Sean Monterrosa on June 2, 2020. The killing occurred during the January 1, 2020, through January 1, 2023, mandatory reporting time period when VPD was required to send deadly force incidents to POST for review. If VPD did not refer this alleged serious misconduct to POST for investigation, this complaint shall serve as notice for POST to conduct mandatory review of Tonn’s conduct for a decertification proceeding.
A more detailed description of Eaton’s and Tonn’s alleged serious misconduct is described in their profiles at the conclusion of this complaint.
III. Formal Complaint Urging POST to Initiate Discretionary Review of Nine Current and Former Vallejo Police Department Officers Listed in This Complaint Who Are Alleged to Have Committed Serious Misconduct of Deadly Force Resulting in Death or Serious Bodily Injury and Physical Abuse
Additionally, this is a formal complaint to urgently request that POST use its discretion to initiate decertification investigations of nine current and former VPD officers who are alleged to have committed serious misconduct of deadly force resulting in death or serious bodily injury and physical abuse.
According to California Penal Code 13510.8(g)(1), POST has discretion to initiate proceedings to revoke or suspend a peace officer’s certification for specific conduct which occurred before January 1, 2022, including the use of deadly force resulting in death or serious bodily injury, certain instances of dishonesty, and sexual assault.12 California Penal Code 13509.5(b) also grants POST statutory authority to conduct additional investigations, as necessary, into allegations of serious misconduct committed by a peace officer that may provide grounds for suspension or revocation of a peace officer’s certification.13 POST has discretion to conduct its own proactive investigation into the officers’ conduct and does not have to wait for a request from VPD.
Therefore, in the interest of justice and accountability we are urgently requesting that POST exercise its discretionary investigative authority to launch decertification reviews for the following current and former VPD officers:
- Colin Eaton
Current VPD officer Colin Eaton was involved in the fatal shooting of Willie McCoy. Eaton was also allegedly involved in the physical abuse of Deyana Jenkins that led to serious bodily injury. Jenkins suffered Taser burns as well as abrasions on her arm from being dragged. In a separate incident, Eaton allegedly put his boot on an unknown man’s head for over a minute and half while he was restrained. In a fourth incident, Eaton allegedly punched Maiya Green in the face and put his knee on her neck and shoulder, causing bruises and other facial wounds.
- Jordon Patzer
Current VPD officer Jordon Patzer was involved in the shooting and killing of Willie McCoy. Patzer was also allegedly involved in the physical abuse that led to serious bodily injury to Deyana Jenkins who suffered Taser burns as well as abrasions on her arm from being dragged.
- Bryan Glick
Current VPD officer Bryan Glick was involved in the shooting and killing of Willie McCoy.
- Anthony Romero-Cano
Current VPD officer Anthony Romero-Cano was involved in the shooting and killing of Willie McCoy.
- Mark Thompson
Current VPD officer Mark Thompson was involved in the shooting and killing of Willie McCoy. Thompson was also allegedly involved in the physical abuse that led to serious bodily injury of:
1) Anton Barrett Jr., caused by Thompson releasing his police dog on Barrett Jr., who suffered multiple dog bites to his face and legs; 2) Carl Edwards, who suffered head trauma, broken nose, swollen black eye, and shoulder sprain; and 3) Michael Sanz, caused by Thompson allowing his police dog to bite and attack Sanz, who alleged he suffered severe puncture wounds and a broken tibia.
- Dustin Joseph
Former VPD officer Dustin Joseph was involved in the shooting and killing of Mario Romero and William Heinze. Joseph was also allegedly involved in the physical abuse that led to the serious bodily injury of Jayme Rush. According to Rush’s civil lawsuit it is alleged Joseph pinned Rush to the ground with his body, repeatedly placing his forearm into the side of her neck and causing extreme pain to her back and neck. The civil lawsuit alleged Rush suffered physical injuries.
- Ryan McMahon
Former VPD officer Ryan McMahon was involved in the shooting and killing of Willie McCoy. McMahon also shot and killed Ronnell Foster.
- Sean Kenney
Former VPD officer Sean Kenney shot and killed Anton Barrett Sr., Mario Romero, and Jeremiah Moore.
- Jarrett Tonn
Current VPD officer Jarrett Tonn shot and killed Sean Monterrosa.
- Conclusion
ACLU NorCal is confident that the evidence presented in this complaint for the nine current and former VPD officers will demonstrate to POST that there are reasonable legal grounds for the revocation of each officer’s peace officer certification. The evidence will show the critical necessity for POST to use its discretion to initiate decertification review of each officer. If POST does not use its statutory authority, the Vallejo community will continue to suffer unnecessary harm and distrust of Vallejo police officers. Meanwhile, nothing will prevent officers who brutalized community members to move to a different place and cause further harm. POST can help keep the community safe. We urge you to respect the spirit of SB 2. Enforce the law that was designed to strip abusive cops of their licenses to ensure that they can’t be hired as police officers somewhere else.
We all deserve to live in communities where we feel safe and protected.14 Yet far too often, the people who are tasked with protecting public safety are the very ones who compromise it.15 ACLU NorCal remains a resource for POST if you have any questions or need clarifications. We are committed to helping expedite this process to ensure the justice and accountability that Vallejo residents deserve.
Best regards,
Marshal Arnwine Legal-Policy Advocate
