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Cop Shot at Training

Friday, August 13th, 2010

originally published at: www.pressdemocrat.com

Santa Rosa officer injured by bullet fragment in training accident

Published: Wednesday, August 11, 2010 at 3:00 a.m.

A Santa Rosa police officer was accidentally struck Tuesday by a bullet fragment during a training exercise, Marin County sheriff’s officials reported.

The officer was treated for minor injuries at Santa Rosa Memorial Hospital, Sgt. Debra Barry said.

“The officer received the appropriate medical treatment and is doing well,” said Santa Rosa Police Chief Tom Schwedhelm.

Another officer was clearing a round from a .40-caliber firearm at about 4 p.m. when the weapon accidentally fired, Barry said.

The officers were at a training program at the Circle S Ranch and Shooting Range, a 196-acre ranch in western Marin County used by many law enforcement agencies for practice, Barry said.

The bullet shot into a concrete table and broke into fragments, which struck a nearby officer in her leg, hand and face, Barry said. She was airlifted to Memorial Hospital.

The shooting appeared to be an accident and Marin officials had no plans to investigate it further, Barry said.

Marin authorities withheld both officers’ names.

Schwedhelm wouldn’t give further information on how the accident occurred, stating that the incident was an internal personnel matter.

“When an accident occurs, we evaluate that and look at ways of improving the training,” he said.

— Julie Johnson

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Ex-Santa Rosa police captain must pay legal costs

Friday, August 13th, 2010

originally published at: www.pressdemocrat.com

Ex-Santa Rosa police captain must pay legal costs
Second-in-command fired in ’08 amid discrimination claims vows to appeal judge’s ruling

By LORI A. CARTER
THE PRESS DEMOCRAT

Published: Friday, July 30, 2010 at 4:03 a.m.

A judge has ordered a former Santa Rosa police captain to pay $32,000 in sanctions to the city for its costs to defend his wrongful termination lawsuit, but the amount is only a third of what the city sought.

U.S. District Judge Susan Illston, in a July 12 ruling, ordered Jamie Mitchel or his attorney to pay $31,600 to Santa Rosa. The city wanted $108,700.

In April, Illston dismissed Mitchel’s complaint, which argued that he was fired illegally because the city wanted to appease several police department employees who had complained about discriminatory treatment under former Chief Ed Flint and Mitchel, his second-in-command.

Mitchel was fired in 2008, and Flint was forced out by the former city manager. The city has spent about $1 million to get rid of the police managers, buy out the complainants and pay for additional training within the department to correct internal problems. Exact figures were unavailable this week.

Mitchel said this week he will appeal the sanctions payment, which is due by mid-September and payable by him or his lawyer, Scott Lewis of Santa Rosa. “You bet I’m going to appeal,” he said. “I’ll go to the Supreme Court. This issue is bigger than Jamie Mitchel. It’s now an erosion of the Peace Officer Bill Of Rights.”

City Attorney Caroline Fowler was on vacation and unavailable for comment.

Mitchel, 55, has argued that his rights were violated, he was discriminated against because he is a white man and that his arbitration hearing was improperly handled.

The city paid the six complainants a total of more than $120,000 to resolve their grievances, which included complaints alleging gender discrimination, harassment and retaliation by Flint. All four complaints named Flint, and two named Mitchel.

No lawsuits were filed by the employees, some of whom no longer work for the city.

After parts of Mitchel’s suit were dismissed last year, Illston tossed out the remainder this spring. The city sought sanctions against Mitchel and his attorney for what it argued were frivolous claims.

City-paid lawyers submitted paperwork seeking more than $108,700 in legal fees, including rates ranging from $421 an hour for the lead attorney to $136 an hour for a paralegal.

The judge ruled only costs incurred to fight the most recent amended complaint, filed in February, were recoverable, about a third of the total.

Mitchel’s attorney filed an appeal, which will move the case to the 9th Circuit Court of Appeal for further briefing and a hearing. It was unclear whether the order to pay the city’s costs would be stayed pending the appeal.

Staff Writer Lori A. Carter can be reached at 762-7297 or lori.carter@pressdemocrat.com.

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Cop Vs Bike

Friday, July 16th, 2010

Bicyclist hit by Santa Rosa police car

By MARY CALLAHAN
THE PRESS DEMOCRAT

Published: Thursday, July 15, 2010 at 8:24 a.m.

A bicyclist who was struck by a Santa Rosa policeman on Highway 12 late Wednesday night crossed from the eastbound bike lane in front of the officer’s car in an effort to turn left, officials said.

Dylan Debiase, 18, broke his baby toe and suffered scrapes and abrasions in the 10 p.m. collision at Boas Drive, police Lt. Ben Harlin said.

The officer, Eric Rhodes, a traffic investigator and DUI enforcement officer, was responding to a call about a suspected drunken driver on eastbound Highway 12 and was headed eastbound himself when Debiase crossed in front of him to turn onto Boas Drive, Harlin said.

Rhodes was in a marked police car, but Harlin said he did not believe his lights or siren were activated.

He said Debiase, who has a Highway 12 address, was in a marked bike lane before he crossed into the two eastbound car lanes.

Rhodes moved left to try to avoid the bike but they collided anyway, Harlin said.

Debiase was taken to an area hospital for treatment and later released, police said.

Authorities, meanwhile, closed down the eastbound lanes of Highway 12 into the early morning hours of Thursday to investigate and are still seeking witnesses, Harlin said.

Anyone who saw the incident is asked to call the Santa Rosa Police Department’s Traffic Bureau at (707) 543-3600

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People Resist Racist Checkpoints

Friday, July 16th, 2010

originally published at www.watchsonomacounty.com

Protesters warn drivers of police checkpoints in Santa Rosa and Petaluma

By GUY KOVNER

THE PRESS DEMOCRAT

Opponents of police vehicle impoundment practices are hitting the streets, intent on warning motorists of police checkpoints in Santa Rosa and Petaluma.

Protesters holding signs in Spanish will continue to show up at checkpoints to protest 30-day impoundments of vehicles operated by drivers without valid licenses, said Alicia Roman, a Santa Rosa attorney who is a member of the Committee for Immigrant Rights.

The cost of reclaiming an impounded auto, typically $2,000, places an “undue hardship” on low-income people, including Latino immigrants, she said.

“People are upset this is going on,” Roman said.

Police officials, who have discussed the issue with Roman’s group and American Civil Liberties Union representatives, say the checkpoints are both legal and appropriate.

“I believe it is an effective strategy for making the streets safer,” said Santa Rosa Police Chief Tom Schwedhelm.

“There are consequences for not following the law,” he said, regarding the impoundments and cost of getting the car back.

Petaluma Police Sgt. Ken Savano, who coordinates checkpoints, acknowledged that the protesters are exercising their First Amendment right of free speech and may do so as long as they do not obstruct sidewalks or get in a roadway.

“They are taking a close look at law enforcement,” Savano said. “We don’t have any problem with that.”

But he also suggested that the protests might enable alcohol-impaired drivers, “who could kill any one of us,” to evade the checkpoints.

The police stops are intended to catch people driving under the influence, as well as motorists with suspended or revoked licenses and unlicensed drivers, he said.

The 30-day impound is applied only to drivers cited for license violations, Savano said, and keeps a vehicle “away from that driver for 30 days.”

Roman said the checkpoint protests are intended to warn Spanish-speaking drivers, including illegal immigrants whose status prohibits them from obtaining California driver’s licenses.

“We are not out there to help drunk drivers,” she said.

Amalia Greenberg Delgado, an ACLU attorney in San Francisco, said that the Santa Rosa checkpoints are netting substantially more driver’s license violations than DUI citations.

Santa Rosa police statistics, obtained by Roman, show that 5,277 vehicles were screened at checkpoints between December 2006 and June 2008, resulting in 96 vehicles towed for license violations and six DUI arrests.

Savano noted that DUI arrests in Petaluma increased 8 percent in 2009-10, while vehicle collisions are down 20 percent. They have dropped to the lowest level in 10 years, a trend he attributed largely to the checkpoints.

“It is absolutely worth it,” Savano said.

Rick Coshnear, a Santa Rosa attorney and member of the Committee for Immigration Rights, said police are blurring the distinction between drivers who have never had a license and those who are currently unlicensed but may have previously been licensed in Mexico, another state or in California before it ceased licensing undocumented immigrants.

The state law on vehicle impoundment applies to people whose licenses have been suspended, revoked or restricted or those “driving a vehicle without ever having been issued a driver’s license.”

It is likely, Coshnear said, that drivers “whose licenses have been suspended or revoked…are much more dangerous than those who do not currently have a valid license.”

Santa Rosa’s vehicle impound program was started in the mid-1990s in response to a spate of hit-and-run collisions and the finding that many who flee from a crash are unlicensed drivers, Schwedhelm said.

Numerous collisions still involve unlicensed and uninsured drivers who cause injuries and property damage, he said. “That’s the other side of the story,” Schwedhelm said.

Officers have discretion to avoid impounding vehicles for license violations, enabling the driver and occupants to get home safely by taxi or with a licensed driver, Schwedhelm said.

But an unlicensed driver cannot be allowed to drive away because that would expose the city to significant liability, he said.

“We are going to encourage our officers to impound,” Schwedhelm said.

The road would be safer, Savano said, if all residents — regardless of immigration status — were tested and licensed to drive, and required to carry insurance.

Such a decision is up to the Legislature, Schwedhelm said, agreeing that universal licensing “may help the situation.”

The ACLU has submitted to Santa Rosa a proposed impound policy that would prohibit towing away a safely parked vehicle, or if a licensed driver could retrieve it “in a reasonable time period.”

It would also allow, under some conditions, the vehicle to be towed to the driver’s home instead of an impoundment lot.

In a letter to the ACLU, Schwedhelm acknowledged receiving the proposed policy. Police are updating towing and impoundment policies and “will take your recommendations into consideration,” the chief wrote.

Petaluma’s next checkpoints will be on FridayJuly 16 and July 23. Santa Rosa’s next effort will be Labor Day weekend.

You can reach Staff Writer Guy Kovner at 521-5457 or guy.kovner@pressdemocrat.com.

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Funston Has Shot Twice Before

Friday, July 16th, 2010

originally published at www.pressdemocrat.com

Deputy involved in June 2 shooting involved in two other shootings

By JEREMY HAY
THE PRESS DEMOCRAT

Published: Monday, July 5, 2010 at 5:32 p.m.

The Sonoma County Sheriff’s deputy who shot and killed a man last month in Santa Rosa has been involved in three of the 11 officer-involved shootings that the sheriff’s office has recorded this decade.

Sgt. Mark Fuston, who on June 1 killed Albert Mike Leday Jr., 49, after a high speed chase, was one of two deputies who fatally shot a Windsor woman in 2000 after she pointed a toy gun at them. In 2003, he shot and injured a fleeing gang member.

A Santa Rosa Police Department investigation continues into the Leday shooting. Fuston was cleared of wrongdoing in the prior two shooting incidents.

Civil rights activists on Monday said they were withholding judgement but said that the prior shootings were notable.

“It doesn’t bode well,” sad Carole Howard, a member of the Police Accountability Clinic and Helpline, a group that works with people who feel mistreated by police. “It’s just one more thing to pay attention to, it’s an alert, put it that way.”

Steve Fabian, a boardmember of the county chapter of the ACLU, said, “It’s hard to second guess a police officer in this type of situation without knowing all the things that took place, both in the current situation and the prior situations.”

He added, however, “I think that at the same time, three shootings — most officers go through their career with no shootings — it just raises a lot of concerns.”

Sheriff’s officials last week said that deputies involved in multiple shootings aren’t subject to additional supervision, but that the department reviews each incident to see whether procedures were followed.

On Monday, Sheriff’s Capt. Matt McCaffrey said that those reviews do take into account prior incidents where there was use of force.

“You look at what were your findings in the previous shootings, if he followed policy, he followed law, he followed good judgment. If your findings were positive, there’s nothing really to go back and look at,” he said.

“Our point of view is to look at it internally to see if they followed procedure, and the second issue is to look at it from a training standpoint,” McCaffrey said. “That’s our job as an agency.”

Fuston is not the only deputy to have been involved in multiple shootings. In 2004, Deputy Henri Boustany was involved in two fatal shootings; he was cleared of wrongdoing in both cases.

Of the 11 officer-involved shootings recorded by the sheriff’s office since 2000, eight were fatal.

The first of those was in April 2000, and involved Fuston and another deputy, Tom Howard. In that case, the two were responding to a 911 call from Erin McDonald, 31, who said she was being held hostage by a woman with a gun.

In the house, McDonald pointed a cap gun that had been painted black at each of them separately, prompting them to fire.

Both were cleared of wrongdoing, and the District Attorney’s Office later concluded that McDonald “orchestrated” a “suicide-by-cop plan.”

In the 2003 shooting, Fuston shot Andrew Valencia, 21, five times in the back, buttocks and legs after pulling him over. In that case, Santa Rosa and Petaluma police investigators said, Valencia turned as Fuston was chasing him, appeared to be drawing a weapon and shouted, “I have a gun, too.”

No weapon was found on Valencia, who survived, but a loaded 9 mm handgun was found in his car. Valencia was later sentenced to more than 30 years in prison for a gang-related shooting.

The shooting of Leday came after a pursuit that began at a Larkfield apartment complex to which deputies had been called by a woman who said she was fearful of her ex-boyfriend who was on the premises, and that he had earlier assaulted her.

When deputies spotted Leday in his car, he led them on a chase to Guerneville Road and West Steele Lane, where he crashed into a light pole and got out of his car.

He was shot seconds later, police and some witnesses said, after he appeared to reach behind his back and pull up his waistband.

No weapon was found on Leday or at the scene.

The case remains under investigation by Santa Rosa Police investigators who will turn over their findings to the District Attorneys Office to determine if there was any criminal wrongdoing.

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Funston Has Killed Before

Friday, July 16th, 2010

originally published at www.pressdemocrat.com

Death was Sonoma County deputy’s second shooting case

By JEREMY HAY
THE PRESS DEMOCRAT

Published: Friday, July 2, 2010 at 6:22 p.m.

Officials on Friday released the name of the Sonoma County Sheriff’s deputy who shot shot a man to death June 1, saying threats against him had been ruled out or “mitigated.”

Sgt. Mark Fuston, a much-decorated veteran deputy who is a firearms instructor and heads the Sheriff’s SWAT Team, was involved in an earlier, non-fatal shooting in 2002 when he was an officer in Windsor.

In the latest incident, Fuston shot Albert Mike Leday Jr., 49, after a high speed chase that ended in Santa Rosa at the entry to the Coddingtown Mall parking lot. Leday was shot once after he refused to surrender and, investigators have said, appeared to reach behind into his waistband.

Initial reports indicated Leday was shot in the chest.

Fuston, 50, returned to work late last week, officials said.

The Sheriff’s Office has been criticized for taking over a month to release Fuston’s name. Leday’s family retained a lawyer to try and get the information released and the Sonoma County Chapter of the ACLU formally requested the release of the deputy’s identity.

Sheriff’s officials had refused to release Fuston’s name because, they said, they had evidence of potential threats against him that needed to be addressed. They have refused to elaborate on those threats and on Friday again declined to detail them, saying that to do so might compromise confidential sources.

“If we expose that information we have, there’s the possibility of it getting back to the source of the information and how it’s coming to us,” said Sheriff’s Capt. Matt McCaffrey.

Some threats have been ruled out and others “mitigated” and “we feel comfortable that although there are risks, they are hopefully at this point not above and beyond the risks normally associated with the job,” McCaffrey said.

Steve Fabian, a director of the county ACLU chapter, said it was an inadequate response.

“They should explain in detail exactly what the threats were, and I think that an explanation’s owed as to why it took so long to determine, obviously, that these threats are not viable.”

Leday’s son, Justin Leday said, “I appreciate that it’s finally come out who shot my father.”

He added: “Obviously, I can’t make any judgment calls as to what was going through this officer’s mind. But to be involved in a shooting twice without a weapon, shows a lack of judgment, a lack of patience, and it seems like he shoots first and asks questions later.”

In the 2003 shooting, Fuston shot a fleeing gang member five times in the back, buttocks and legs after pulling him over. In that case, Santa Rosa and Petaluma police investigators said, Andrew Valencia turned as Fuston was chasing him, appeared to be drawing a weapon and shouted, “I have a gun, too.”

No weapon was found on Valencia, who was later sentenced to more than 30 years in prison for a gang-related shooting, but a loaded 9mm was found in his car.

Fuston was cleared of criminal wrongdoing after a seven month investigation.

The shooting of Leday was the climax to a pursuit that began at a Larkfield apartment complex to which deputies had been called by a woman who said she was fearful of her ex-boyfriend who was on the premises, and that he had earlier assaulted her.

When deputies spotted Leday in his car, he led them on a chase to Guerneville Road and West Steele Lane, where he crashed into a light pole and got out of his car. He was shot seconds later after, police and some witnesses said, he appeared to reach behind his back and pull up his waistband.

Asked whether deputies involved in more than one shooting come under extra internal scrutiny or supervision, McCaffrey said they are monitored “from the standpoint of their mental health.”

“In the end,” he said, “We’re going to review it internally, from the policy standpoint, from an employee training standpoint: Is there any thing we’re going to have to change or improve?”

The question of whether a deputy has been involved in more than one shooting is less relevant, he said.

“Each shooting has to stand on its own,” he said. “In other words, just because a deputy’s been in a previous shooting, whether he was 100 percent in the right or there were some problems with it, that doesn’t necessarily bleed over into the current shooting.

“Every round that comes out of the end of a firearm has to stand up on its own as a use of force,” he said.

The Santa Rosa Police Department, which is investigating the shooting under a countywide protocol that calls for outside agencies to evaluate officer-involved shootings, did not return phone calls seeking comment on Friday.

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Leday Family Demands Answers

Friday, July 16th, 2010

originally published at www.pressdemocrat.com

Family of man killed by deputy wants more answers

By JULIE JOHNSON
THE PRESS DEMOCRAT

Published: Friday, June 25, 2010 at 6:40 p.m.

Officials with the Sonoma County Sheriff’s Office are still withholding the name of the deputy who shot and killed a Santa Rosa man in a June 1 pursuit, saying they continue to investigate possible threats made against the deputy.

Until they feel certain that the deputy has a plan to manage any threats made against him for his role in the incident, they won’t release his name or any details about his history with the office, Capt. Matt McCaffrey said Friday.

“We have some risks to verify,” McCaffrey said of what Sheriff Bill Cogbill had previously called possible gang-related threats against the deputy. The assessment will determine whether the safety risks are “above and beyond what would normally come with the job,” he said.

The son of the man killed in the encounter, 49-year-old Albert Mike Leday, Jr., said Friday that he has been frustrated by unanswered calls to police and sheriff’s officials as he seek more information about his father’s death.

Leday was shot in the chest after he led deputies on a high-speed chase through Larkfield that ended outside Coddingtown Mall when he crashed into a light pole. Witnesses and police officials said Leday refused to surrender and reached behind his back. The deputy shot three times and struck him once, police said.

His son, Justin Leday, 25, of Santa Rosa said calls to police and sheriff’s officials went unanswered until this week, and he said he’s still trying to get more information about the incident.

“Someone from the sheriff’s called me and said they had information on their website if I wanted to know more,” Leday said.

The family has hired an attorney to help them get a report on the shooting, he said.

Sheriff’s officials can’t tell the family anything more than they’ve released to the public, McCaffrey said. He said he hopes for an update on the investigation sometime next week.

“Some threats had been ruled out,” McCaffrey said. “We’re closer to being comfortable to releasing the deputy’s name.”

Santa Rosa Police Department officials are in charge of investigating the shooting. A countywide protocol calls for an outside agency to evaluate officer-related fatal incidents. That investigation could take months, police have said.

Law enforcement agencies are required by law to release details about a public officer’s involvement in a fatal incident. Experts in First Amendment laws have said that agencies also have a legal basis to investigate threats against their employees before making information public.

Leday’s family members have said they will not give up until they can get a fuller explanation from the sheriff’s office, including the identify of the deputy.

“I don’t want people to forget about this, I feel like they’re trying to prolong it so people forget,” Justin Leday said. “I want to make it clear I’m not going away until my questions are answered.”

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ACLU Demands Killer’s Name

Friday, July 16th, 2010

originally published at www.pressdemocrat.com

ACLU seeks name of deputy who fatally shot suspect June 1

By RANDI ROSSMANN
THE PRESS DEMOCRAT

Published: Tuesday, June 15, 2010 at 12:52 p.m.

The refusal by Sonoma County sheriff’s officials to release the name of a deputy who shot and killed a man following a high-speed chase two weeks ago is being challenged by the ACLU.

The Sonoma County chapter of the American Civil Liberties Union has formally requested Sheriff Bill Cogbill release the name of the deputy, as well as other deputies present at the shooting.

Albert Mike Leday, Jr., 49, died June 1, after being shot while in front of Coddingtown Mall at Guerneville Road and West Steele Lane after leading deputies on a high-speed chase and crashing into a pole.

Sheriff’s officials said the deputy who shot him has not been identified because his safety could be in jeopardy. They have also refused to say if the deputy has been involved in any other shootings and how long he has been on the force.

Cogbill Tuesday held to that position, saying the department has information indicating a possible threat to the officer.

Leday was an ex-felon on parole for a burglary conviction with a record that included assault with a deadly weapon and two restraining orders.

Cogbill Tuesday said he had some ties to gangs, but a gang connection alone did not warrant withholding the deputy’s name, he said.

Three days after the shooting, Santa Rosa police officials leading the investigation said gang activity was not part of their concern for the deputy’s safety.

Cogbill said they’ve uncovered more information since that time.

“I believe it’s a viable threat and something we need to be concerned about,” Cogbill said.

Leday’s family Tuesday refuted reports that Leday had gang ties, his son said.

“He was an educated, well-spoken man who had zero ties to gangs,” said his son, Justin Leday, 25, of Santa Rosa.

The wait to find out more about why a deputy used lethal force against Leday, who was apparently unarmed, has taken a toll on his family, said Perla Rodriguez, 49, of Las Vegas, Justin Leday’s mother and Leday’s high-school sweetheart.

“I want answers, I need answers,” Rodriguez said. “I can’t rest, and believe me my son can’t rest.”

Steve Fabian, member of the local ACLU board, wrote to the sheriff on behalf of the agency, citing the public records act and asking for the information within 10 days.

Cogbill said he met with a county attorney Tuesday afternoon in light of the ACLU’s letter and confirmed that the Public Information Act allows a law enforcement agency to withhold a name when that person’s safety is in question.

“The law is pretty clear that if we feel there’s a viable threat to the person, then we can withhold the name,” Cogbill said.

Cogbill added that the decision to continue withholding the name was not influenced by the deputy’s record or time on the force.

“It has nothing to do with any past history or actions or who the person is,” Cogbill said.

If an investigation determines the threat isn’t real, he’ll release the name, Cogbill said.

Law enforcement agencies may be legally justified in withholding a name right after a shooting if there’s a “clear and direct threat” to the person’s safety, Terry Francke, general counsel with Californians Aware, a nonprofit public records group, told The Press Democrat last week. But Francke said there’s no legal basis to withhold that information indefinitely.

In prior cases involving deputies shooting a suspect, the release of names has varied.

It took two days for Santa Rosa Police and the Sheriff’s Department to release the names of two deputies involved in the March 2007 fatal shooting of Jeremiah Chass, a Sebastopol teenager.

It took two months for sheriff’s officials that same year to release the name of three deputies who shot and killed a man who wounded a deputy. Officials claimed it had taken that long to determine if there were credible threats against the three.

In the Leday case, deputies were called to a Larkfield apartment by a woman fearful of her ex-boyfriend. She told a dispatcher he’d recently assaulted her and was then armed with a knife.

When deputies spotted the man in his car, he led them on a chase from Larkfield to Coddingtown.

At the mall entrance, Leday drove into a light pole and got out of his car. Sheriff’s officials said he was seen reaching for something behind his back and that he wouldn’t follow commands to comply with deputies.

Deputies said they feared he had a weapon. One deputy fired three times, hitting Leday once.

He was apparently unarmed and no weapon was found in the car or at the scene.

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Cops Cry Gangs To Protect Killer

Friday, July 16th, 2010

originally published at www.pressdemocrat.com

Safety concerns cited in withholding name of deputy in shooting

By JULIE JOHNSON
THE PRESS DEMOCRAT

Published: Friday, June 11, 2010 at 6:37 p.m.

Officials Friday continued to refuse to release the name of a Sonoma County Sheriff’s deputy who shot and killed a Santa Rosa man June 1.

Sheriff’s officials were investigating possible threats made against the deputy to see if they posed legitimate safety concerns for the man, Capt. Matt McCaffrey said.

“If there are questions to his safety or his family’s safety, we need to make sure we’ve looked at them,” McCaffrey said. “We might have an answer by mid-week next week.”

McCaffrey also refused to release information about the deputy’s history with the force, including his length of service with the sheriff’s office and whether he’s been involved in officer-related shootings in the past.

“Very minimal information can point specifically to people,” McCaffrey said.

Law enforcement agencies may be legally justified in withholding a name right after a shooting if there’s a “clear and direct threat” to the person’s safety, said Terry Francke, general counsel with Californians Aware, a nonprofit public records group. But Francke said there’s no legal basis to withhold that information indefinitely.

“I don’t think there should be some automatic assumption that officers who kill someone should be kept anonymous until the department is satisfied that there are no threats out there,” Francke said. “If that’s going to be the rule, then let’s apply it to everyone.”

The deputy was put on administrative leave with pay, part of normal department policy, after he shot Albert Mike Leday, Jr., 49, in front of Coddingtown Mall at Guerneville Road and West Steele Lane.

Leday had led deputies on a high-speed chase from Santa Rosa’s Larkfield neighborhood to a road leading into a Coddingtown Mall parking lot, where he crashed into a light pole.

Police investigating the incident reported that Leday got out of his car and refused to comply with multiple commands to surrender. Witnesses said they saw Leday reach for something behind his back. The deputy fired three times, and struck Leday once. Leday died from a gunshot wound to the chest.

No weapon was found at the scene, despite a thorough search of the area, police said.

Santa Rosa Police Department officials are investigating the shooting because of a countywide protocol that calls for an outside agency to look into the matter, however Lt. John Noland said Thursday that his department would defer to the sheriff’s office in releasing the deputy’s name.

McCaffrey said it was “normal procedure” for the employer of the law enforcement officer under investigation to be the agency to release the employee’s name and background information.

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Cops Protect Killer Cop

Friday, July 16th, 2010

originally published at www.pressdemocrat.com

Law enforcement officials refuse to release name of deputy involved in shooting

By JEREMY HAY
THE PRESS DEMOCRAT

Published: Monday, June 7, 2010 at 6:16 p.m.

Authorities continue to withhold the name of the deputy who shot and killed a man after a high speed chase a week ago.

They say that information developed during the investigation has indicated that there may be a threat to the safety of a Sonoma County Sheriff’s Deputy involved in the case.

“There is an officer safety and employee safety aspect to the investigation,” said Santa Rosa Police Lt. John Noland, who is heading the investigation into the June 1 shooting of Albert Mike Leday, 49.

“We are trying to get that addressed as quickly as we can,” Noland said.

The Santa Rosa Police Department is investigating the shooting under a countywide protocol in which outside agencies investigate officer-involved shootings.

Noland said he could not reveal details about the nature of the threat, or even confirm that they revolve around the specific deputy who shot Leday.

“We can’t because of the nature of it,” he said.

That has upset some activists who say that the public has a right to know the names of law enforcement officers involved in such incidents.

“The question I have is why are the police delaying in giving out the name of the deputy who shot and killed this Army veteran,” said Alicia Roman, a Santa Rosa attorney who is a supporter of the Police Accountability Clinic Helpline, or PACH, a group that works with people who believe the police have mistreated them.

She said police have also not adequately explained the details that they have released. For example, she said, police have not fully described the “confrontation” that occurred between Leday and the deputy after Leday got out of his car and before he was shot.

“What was the confrontation,” Roman said.

Steve Fabian, a director of the Sonoma County Chapter of the ACLU, said, “This should be public information.”

Sheriff Bill Cogbill said he met with Santa Rosa police investigators Monday about the case and is “in agreement” with the decision not to release the name.

“It is a legitimate reason we feel for not releasing the name,” he said.

Fabian said that is not a sufficient answer.

“I think at the very least they should be giving the reason and they should be giving specific reasons why,” he said. “What information that could cause them to have a reasonable belief that this is needed. I don’t think that is asking too much.”

Leday, who had a long criminal record, led sheriff’s deputies and Santa Rosa police on a chase from Larkfield to the intersection of Guerneville Road and West Steele Lane. There he crashed into a light pole at the entrance to the Coddingtown Mall parking lot.

According to police, he got out of the car and refused to comply with “numerous orders” to surrender and reached behind himself into his waistband. Police said that after he reached into his waistband a second time the deputy fired three times, striking him once.

Despite a search that lasted for nearly a day, no weapon was found.

The deputy involved has been placed on administrative leave, which is standard in such cases.

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