Civil Rights

The Sacramento Bee reports on a ruling out of San Diego County where the 9th US Circuit Court of Appeals has issued a comprehensive ruling that limits the use of Tasers by police against low-level offenders who seem to pose little threat and may have mental illness.

The specific case involves an emotionally disturbed individual who was shot with a Taser.  He was described as unarmed, yards away, and neither fleeing nor advancing on the officer.

The Vanguard has been following the federal class action lawsuit in Antioch that was filed over alleged discriminatory practices involving the treatment of African American Section 8 housing recipients by the Antioch Police Department under Davis’ former Police Chief Jim Hyde.

The suit alleges that upon establishing a special unit in 2006, the Community Action Team (CAT) unit had focused their efforts on targeting Section 8 residents and specifically the majority of their actions have targeted African American families.  Those families have been subjected to the frequent searches of their homes often without their consent and a warrant.  They argue that this is a pattern of intimidation aimed less at reducing crime and more at intimidation and convincing Section 8 residents to leave.

In a scene somewhat familiar to residents of Yolo County and West Sacramento, there is a legal challenge now being mounted in Fairfield in Solano County Superior Court urging the court to limit the overly broad scope of the proposed gang injunction for the city of Fairfield.  At issue is the ability of the police to serve the injunction on an individual without presenting definitive evidence of gang membership and without court approval.

Joining in the case fighting the gang injunction is the Northern California ACLU who had also worked against the first gang injunction in West Sacramento that was eventually thrown out in West Sacramento due to its overly narrow number of alleged gang members that it served.

On Friday, the Vanguard interviewed Lt. Dan Choi and Anthony Woods about the military’s “Don’t Ask, Don’t Tell Policy.”  Lt. Choi informed us at the time that he would have a hearing on Tuesday.

“It’s basically called a discharge board or a retention board.  Whatever, you call it, I’m going to get fired.  I think people have to realize that.  They are firing people from their units in a time of war when you need people to serve in their country and these people are able, capable, willing and trained.  You’re firing them for the sole basis of who they are.  And the sole basis of their honesty.”

Lt. Dan Choi on Tuesday faces a hearing to determine whether he will be kicked out of the military due to his violation of the “Don’t Ask, Don’t Tell Policy.”  This despite the fact that he has willingly and proudly served his nation with honor.  This despite the fact that he has the rare skill of speaking fluent Arabic.  On Friday night, he was in Davis to campaign for his friend and classmate from West Point, Anthony Woods who is running for Congress in the 10th Congressional District. 

Anothny Woods earned a Bronze Star for serving our nation in Iraq during two long deployments.  He was born on Travis Air Force base in Fairfield.  Despite his honor and courage, Mr. Woods was also dismissed from the Army due to his violation of the same policy.

Last week, the Woodland Police Department completed its investigation into the April 30 shooting of Luis Gutierrez by Yolo County Sheriff’s Deputy.  The report was sent to the Yolo County District Attorney’s Office who will review the case along with help from the state Attorney General’s Office.

On Monday, community activists however continued to call for an independent investigation into incident.  Al Rojas along with another 10 to 15 residents at a press conference outside of the Yolo County District Attorney’s Office in Woodland, suggested that there was a functional difference between the review that is going on, and investigation.

On Tuesday, about a dozen organizers called a press conference to push for the independent investigation into the April 30 death of Luis Gutierrez who was shot by Sheriff’s deputies who claim that he attacked them with a knife.

Following the press conference, individuals filed in the County of Board of Supervisors to press their case before that body.  The supervisors resisted calling for an investigation at this time however, opting instead to let the current investigation run its course.  District Attorney Jeff Reisig has said that he will forward the results to the California Attorney General’s office for review.

In the days following the shooting death of Luis Gutierrez by Sheriff’s Deputies in Woodland, there was a rush of papers released by the Sheriff’s department.  One of them was the affidavit used to obtain a warrant to search Mr. Gutierrez’s property after he was dead.  The Vanguard has spoken with a number of attorneys and experts in this manner and many of them have indicated that the extent and length that the authorities have attempted to demonstrate that Mr. Gutierrez was in a gang and also with the release of the autopsy on drugs, is highly unusual.

On Wednesday during the Vanguard radio show, we spoke with Michael Risher, a staff attorney with the ACLU of Northern California.  He raised troubling questions about the warrant itself.

Having attended the rally and march in Woodland on Saturday night for the fallen Luis Gutierrez, the impression I came away with was that the people were frustrated, but it was a well-coordinated and peaceful march.  In fact, as the hour was getting dark, it became more of a silent vigil than a boisterous march.

I was therefore stunned to see the interview with Sheriff Ed Prieto which came out on Sunday on Fox 40 in Sacramento.

In an event attended by hundreds of Woodland residents and many from across the county and the region, labor leader Al Rojas and religious leaders called for an independent investigation into the April 30 shooting death of 26-year-old farm worker Luis Gutierrez.  Mr. Gutierrez was shot and killed by Yolo County Sheriff’s Deputies as he walked home from the DMV on the Gum Avenue overpass in Woodland.

The march which was led by the family of Mr. Gutierrez followed the route that he took in the last moments of his life.

More than 200 people gathered in Central Park last night to protest the California Supreme Court’s ruling on the Proposition 8 cases.

The overall tone of Tuesday’s gathering was positive and motivational, with UC Davis law professors joining clergy from local faith groups and musicians to bring a message of hope and resolve to those in attendance.

The Vanguard sat down with Woodland Vice Mayer Art Pimentel on Monday and pressed him on issues revolving around the death of Luis Gutierrez.  It was not originally intended to be a Toughest Ten segment, but became one.

Can you describe the latest that you know about the circumstances around the death of Mr. Gutierrez?

In terms of what I know, unfortunately a young man is dead.  There was an incident between Sheriff’s Deputies, the Gang Task Force in Woodland and there’s an investigation going on.  That’s what I know now.  I don’t have any evidence or know any facts yet.  I think like everybody else, I’m waiting for the investigation to take place.  The evidence will be collected by the Woodland Police Department and turned over to the District Attorney’s Office.  That’s what I know right now.

It was nearly a year ago when Ricardo Abrahams was killed following a tasering incident in Woodland.  Now, on April 30 of this year, 26-year-old Luis Gutierrez, a 26-year-old farmworker with no apparent criminal record was killed following a routine check by gang-suppression officers from the Yolo County Sheriff’s Department.

According to Sheriff Prieto in an interview with the Sacramento Bee last week: