Pleasanton PD officers cleared of criminal charges for man’s death after confrontation outside Raley’s | News | PleasantonWeekly.com |

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Pleasanton PD officers cleared of criminal charges for man’s death after confrontation outside Raley’s

DA investigators conclude officers’ actions were reasonable, no criminal negligence; family vehemently disagrees with findings

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The Alameda County District Attorney’s Office has determined no criminal charges will be pursued against any Pleasanton police officers involved in physically subduing a local man who died at the hospital less than two hours after the confrontation with police near Raley’s in 2018.

The DA’s Critical Incident Team concluded the use of force exerted by primary responding officers Brad Middleton and Jonathan Chin, along with others from the Pleasanton Police Department who provided backup that afternoon, was reasonable given the circumstances of the confrontation with 38-year-old Jacob Bauer, nor did it rise to criminal culpability.

The investigators reached their conclusions, which were endorsed by DA Nancy O’Malley, after analyzing the scene, interviewing officers involved and reviewing a range of evidence including autopsy records, body-worn camera footage and dispatch recordings.

“There is no evidence that any of the officers committed a crime related to the level of force use,” the DA team wrote in its final report, which was obtained by the Weekly this week.

“Rather, their use of force appears to have been objectively reasonable given the level of Mr. Bauer’s resistance. Nor is there evidence of criminal negligence on the part of the involved officers,” the report stated. “Finally, Mr. Bauer’s death was not proximately caused by the officers’ actions, but rather his own ingestion of a toxic amount of methamphetamine.”

“A prosecutorial decision must rest squarely on the ability to establish the elements of a crime beyond a reasonable doubt,” the report added. “Applying the high charging standards by which the District Attorney’s Office is ethically bound, we can only conclude that the officers involved in this incident are not criminally liable. We are closing our file and will take no further action in this matter.”

Bauer’s parents -- who are longtime Pleasanton residents -- expressed disappointment at DA’s findings in a statement released through their attorney on Friday afternoon.

“We are devastated by the violent and unnecessary death of our son Jacob Bauer. While we hoped that the DA would hold Pleasanton police officers accountable for his death, we are resolute in pursuing justice on his behalf through the civil courts,” John and Rose Bauer said.

“We hope that our case will require the Pleasanton Police to make changes in their culture and their training in how they deal with people with mental health disabilities so that no other family has to go through what we have gone through and continue to face every day,” they added.

The 10-page report was released to Pleasanton Interim Police Chief Craig Eicher on Jan. 30, but it wasn’t made publicly available until the Weekly contacted the DA’s Office this Thursday.

“While the Pleasanton Police Department is satisfied with the depth and thoroughness of the District Attorney’s investigation and report, the loss of life is tragic for all parties involved,” Eicher said in a statement to the Weekly on Friday.

“We want to again express sympathy for the Bauer family and respect their grieving process. We hope that with the investigation complete and the final report released, the healing process can begin for Mr. Bauer’s family, the officers involved and our community,” he added.

The DA’s report offers a detailed account of the circumstances of the confrontation between Bauer and police outdoors at the Oak Hills Shopping Center on Aug. 1, 2018 after the Pleasanton native had been spotted breaking bottles inside Raley’s.

The prosecutors’ incident narrative seems to align significantly with initial details released by PPD at the time, while the conclusions seem to discount certain claims made by Bauer’s family against police such as excessive violent force and officers delaying paramedics from rendering aid.

The report also reveals new details about Bauer’s behavior that afternoon, with investigators citing actions and comments indicating drug-induced disorientation amid abuse toward the officers at the scene.

That version of events differs from the account offered by Bauer’s parents in the wrongful-death lawsuit filed on their behalf on June 20, 2019.

The original civil complaint from John and Rose Bauer accused responding police officers of a "violent attack and excessive force" when Jacob Bauer resisted amid a mental health crisis, and then initially delayed paramedics from rendering aid when their adult son became physically unresponsive.

The family also disagrees with the county coroner autopsy finding that methamphetamine toxicity was the cause of death. Their third-party autopsy contends Bauer died as a result of asphyxia during physical restraint by police.

The Bauers’ lawsuit is now proceeding in federal court, according to a filing from their attorneys on March 12 to dismiss their original complaint in Alameda County Superior Court in lieu of the federal case.

The family’s attorney, Jayme Walker, shared more pointed and critical comments as well on Friday after news of the DA’s report became public.

“Two things are clear from what we have been able to review -- the police were the first aggressors without any sufficient cause and Jacob was unresponsive much sooner than is apparent in any police report or the DA report and nothing was done to intervene to save his life until it was too late,” said Walker, from the firm Gwilliam Ivary Chiosso Cavalli & Brewer.

“The officers took a man in a mental health crisis and beat him and restrained him until he died. This has been devastating to the family,” the attorney added.

In a statement Friday, Pleasanton city attorney Dan Sodergren said, “Litigation on this matter is still pending and the city is unable to comment at this time.”

Below is a description of events as recounted in the prosecutors’ report, followed by reaction and claims made by the Bauer family attorney.

The DA’s report

The DA’s investigative report, cited as written by the Critical Incident Team with no individual authors specified, described the series of events and evidence from that afternoon as follows:

In a new revelation, Bauer was seen acting erratically inside and outside of Raley’s nearly three hours before the main incident at the grocery store on Aug. 1, 2018, walking in circles, mumbling to himself and appearing agitated.

Then at 2:20 p.m. that day, as previously reported, he was seen inside the store and growled as he lifted a shopping cart chest-high and slammed it on the ground. He then walked around the store, talked loudly to himself, banged his cellphone on shelves, and took drinks from bottled beverages and either put them back or broke them on the floor.

A store manager and employee monitored Bauer’s activities in the store for nearly 20 minutes and then called police dispatch at 2:42 p.m. after saying they couldn’t get him to leave the store.

Officers Middleton and Chin arrived at 2:51 p.m. to find Bauer had left the store, but approximately one minute later they found Bauer walking on Mission Drive toward Sunol Boulevard -- near the backside of Jim’s Country Style Kitchen.

Middleton spoke to Bauer, obtained his name for a status check (confirmed valid driver’s license and no outstanding warrants) and informed him about the Raley’s vandalism complaint. Bauer denied breaking items in Raley’s or arguing with store employees.

The two officers flanked Bauer while asking if he possessed anything illegal, to which Bauer did not answer and stared straight ahead while holding a separate cellphone in each hand.

Middleton and Chin then moved to detain Bauer by each grabbing an arm and a wrist, and Bauer resisted. (At this point, the DA’s report notes Bauer was 5-foot-9 and 274 pounds.) The time was 2:56 p.m.

At first Bauer was tense and motionless, but then he pulled an arm free from Middleton’s grasp so both officers used a leg sweep to put Bauer on the ground. The three struggled with Bauer on the ground and Chin called for backup.

The struggle continued with the officers unable to handcuff Bauer’s wrists together. Middleton tased Bauer in his hip and shoulder to no appreciable effect. About 30 seconds later, multiple other officers arrived in quick succession.

Bauer was kicking at the officers and scratched Chin multiple times, and in response, Chin and other officers delivered blows with their hands, batons and at least two more Taser stuns “in order to gain compliance.”

The officers then managed to handcuff Bauer’s wrists together using multiple sets of linked cuffs at around 3:01 p.m.

One minute later, officers began the process of putting a body-wrap restraint device on Bauer starting with his legs.

During the four-minute process, Bauer resisted officers and loudly yelled statements like “They’re trying to kill me and rape me, Mr. Trump” and “Mr. Trump, please, they’re trying to kill me.”

Officers noticed blood on Bauer’s face so they applied a spit mask at 3:09 p.m. One minute later, the wrap restraint was fully applied.

“All officers involved described the extreme difficulty they had in controlling Mr. Bauer, which required the use of batons, Tasers, hand strikes and other pain compliance measures,” the report stated.

Livermore-Pleasanton Fire Department personnel were signaled to come inside the staging area and assess Bauer at 3:11 p.m. -- though the report does not indicate when LPFD arrived on scene.

Paramedics Plus personnel then arrived at 3:14 p.m. and worked to get Bauer on a gurney for medical transport. One paramedic gave Bauer the sedative Midazolam (Versed) at 3:19 p.m.

It took paramedics, PPD and LPFD personnel about eight minutes to load Bauer onto a gurney and the man’s condition was reported as breathing with confirmed pulse and dilated pupils.

At 3:28 p.m., Bauer was wheeled inside the ambulance, and paramedics removed the spit mask to find his face was a bluish color and they could no longer record a pulse at 3:30 p.m. The paramedic loosened the top part of the restraint and began CPR.

The ambulance then left the scene at 3:35 p.m. and arrived at Stanford Health Care-ValleyCare hospital at 3:46 p.m. Medical personnel continued resuscitation efforts, but Bauer was pronounced dead at approximately 4:15 p.m.

In addition to recounting prosecutors’ findings about the events at the scene, the DA’s report also noted toxicology and autopsy results from Dr. Michael Ferenc’s examination at the Alameda County Coroner’s Bureau.

Bauer’s blood sample was found to have 0.42 mg/L methamphetamine and 0.04 mg/L amphetamine -- the report stated meth is potentially toxic between 0.2 to 5 mg/L.

The county coroner determined Bauer’s cause of death was acute methamphetamine toxicity. Other significant contributing conditions, but none resulting in the underlying cause, were found to be probable mechanical asphyxia caused by the police restraint device, along with cardiac hypertrophy and morbid obesity.

In summarizing their analysis, the DA’s Critical Incident Team wrote, “Because the officers used objectively reasonable force to overcome Mr. Bauer’s intense resistance to their lawful attempt to detain him, their actions did not constitute an unlawful assault under color of authority

“Nor is there evidence that the officers were criminally negligent, i.e., acted recklessly in a way that created a high risk of death or great bodily injury, and that they knowingly disregarded that risk.”

Family disputes conclusions

“The DA’s conclusions are extremely disappointing and upsetting to the Bauer family,” attorney Walker told the Weekly.

“Jacob Bauer was acting erratically because he was in a mental health crisis. Rather than deploy de-escalation tactics, officers violently detained him and this led to his death,” Walker added.

Bauer’s parents and their attorneys had previously described their son's "rapidly deteriorating mental health" during summer 2018 in the weeks leading up to the fatal encounter.

The attorneys said John and Rose Bauer contacted Pleasanton police at least four times in the weeks leading up to the Aug. 1, 2018 incident to tell them about their son's condition and to try to have him remanded for mental health evaluation, but police responded that there was nothing they could do because he was not a danger to himself or others. Rose Bauer even accused police of being insensitive and condescending.

“The DA concludes that officers could violently detain Jacob for committing misdemeanor vandalism when he was clearly in the midst of a mental breakdown,” Walker said, criticizing the DA’s conclusions Friday.

The attorney argued that officers acted illegally by trying “to arrest a person without a warrant for committing a misdemeanor outside their presence.”

Walker also scoffed at the notion that the officers “could violently detain Jacob to assess whether he needed crisis intervention pursuant to a 5150” -- “particularly ironic” given the other recent outreach by Bauer’s parents to PPD “to try to have him committed for treatment pursuant to 5150 and the Pleasanton Police did nothing to help them.”

John and Rose Bauer also call into question the county coroner's determination of cause of death -- the county's doctor concluded the cause was acute methamphetamine toxicity.

But in a second autopsy and medical review commissioned by the Bauers, their examiner, Dr. Cyril H. Wecht, found Jacob Bauer died as a result of asphyxia during physical restraint by police, while citing as contributing factors meth intoxication, use of Taser and his obesity.

“Our independent autopsy concluded that the methamphetamine alone would not have killed Jacob without the violent acts of police officers. He died of mechanical asphyxia while being restrained in a wrap device that has caused other deaths by asphyxia,” Walker said.

“The civil case has only just begun and we only recently received the video footage from the incident,” the attorney continued:

“While it is disappointing that the DA did not hold the Pleasanton Police officers accountable, we fully intend to pursue justice on behalf of Jacob Bauer and his family and to hold them accountable in the civil case against them.”

Editor’s note: The Pleasanton Weekly has filed with the city multiple requests under the California Public Records Act for police body-camera footage and other documentation related to Bauer’s death, to no avail.

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Comments

23 people like this
Posted by Transparency...........
a resident of Another Pleasanton neighborhood
on Mar 20, 2020 at 1:14 pm

Where is the video evidence (recorded on taxpayer funded equipment) and why did it take the DA's office so long to get to this decision, given the stated rationale?


21 people like this
Posted by Gina Channell, Publisher
a resident of Downtown
on Mar 20, 2020 at 1:22 pm

@Transparency --
We've made multiple public records requests for the bodycam video. They always played the "investigatory exemption" card.
The investigation is over. I'll try again.


16 people like this
Posted by Wombat
a resident of Downtown
on Mar 20, 2020 at 1:52 pm

The Alameda County coroner's report listed the primary cause of death as acute methamphetamine toxicity. Other significant conditions listed were probable mechanical asphyxia while being placed in a restraint device by police, cardiac hypertrophy and morbid obesity.


21 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 20, 2020 at 1:58 pm

Gina, please do ask for the video; it has been released to others. I can’t imagine watching it though.


23 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 20, 2020 at 2:17 pm

“who died at the hospital less than two hours after the confrontation with police“. A question still unanswered is how this statement is true given the coroner was at the scene.


19 people like this
Posted by Transparency...........
a resident of Another Pleasanton neighborhood
on Mar 20, 2020 at 6:10 pm

Truth will ultimately prevail where there is pains to bring it to light.

George Washington


21 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 21, 2020 at 10:42 am

“‘All officers involved described the extreme difficulty they had in controlling Mr. Bauer, which required the use of batons, Tasers, hand strikes and other **pain compliance measures,**’ the report stated.” Other pain compliance measures—why pain? From a police department that knew his family’s concerns about his mental health.

Many local families have a loved one suffering with mental illness and need more from our police department or perhaps, more broadly, the law. At a minimum, and often discussed and dismissed, there should be a local crisis team that can advise (be present where possible) officers during an incident like this (serving Dublin, Pleasanton, Livermore?). Understanding a police officer’s concern over blood-born pathogens (even more evident during the Covid-19 crisis), is there some other means of protecting themselves without potentially smothering another human? Should any sign of blood be reason to immediately stop, reassess . . . de-escalate, and get an ambulance and trained medical professionals to the scene at first sight of any injury? Do other communities have different protocols that we can learn from/use?

I most sincerely hope/wish there are policy changes; they should have changed years ago.


18 people like this
Posted by Transparency...........
a resident of Another Pleasanton neighborhood
on Mar 21, 2020 at 11:01 am

Release the video - ugly as it may be, then at least we can see what actually transpired on our taxpayer's dollar, and make our own assessment. The timing of this release alone is somewhat suspicious and it makes me wonder whether the DA and/or PPD have some amateur "spin doctor" who thought that the passage of time, along with broader concerns about COVID-19, would allow this to pass largely unnoticed.


60 people like this
Posted by Anonymous
a resident of Another Pleasanton neighborhood
on Mar 21, 2020 at 10:32 pm

I'm not sure why everyone is so accusatory to the police. Not particularly on this article but prevent articles on the weekly which covered this. Considering everything was being recorded, why would the officers violate the law? I see that because he was in "mental crisis", the police should have de-escalated. Talking to someone and placing them into handcuffs for safety reasons IS de-escalating. De-escalating does not mean walk away and let the suspect dictate how the encounter is going to go. This attorney is incorrect in several of his beliefs as well. The officers have every right to detain him while they conduct further investigation. Furthermore, they could have had reason to detain him or arrest him for being under the influence of drugs in public as the officers likely could have concluded something wasn't right and possibly drugs were involved. While officers did use force, it sounds like they went up the use of force chain. It mentions verbal, control holds, taser, impact weapons, etc. Those other tools (restraint devices) are to control the suspect and prevent further injury. To the person commenting asking why pain, how else are the cops supposed to gain compliance? They were likely at a point where asking politely was out of the window. Its simply established that pain is the most common way to gain compliance. Its easy to comment on here but none of us have ever been in a situation dealing with someone under the influence of meth. Although I can't say I know what its like, I think we can all agree its common knowledge that it causes super human strength. I personally wouldn't want to fight someone larger than me on meth.

Police are well trained nowadays, much better than in the 70s and 80s or even 90s. They aren't mental health workers though and I think people tend to forget that. Pleasanton cops attend the crisis intervention training (at least I thought I remembered reading that on the weekly) but that doesn't mean they have to jeopardize their own safety. While I don't know if this was truly a mental issue (compared to an altered mental state due to him ingesting illegal narcotics), I am confident the officers did everything as trained. With all the alleged misconduct allegations these days, I really do think they would have been charged had the officers acted criminally.

Hopefully when that video is released, it will clear up some things. I disagree with several of the previous dissertations that the police escalated this. Police and sheriffs (especially Ptown cops) likely have hundreds of cases that don't end like this. 99% of the time, the officers get the person the help they need. It mentions that police couldn't remand him to a mental health clinic. There is a criteria people must meet and if they don't, we can't blame the police and expect them to kidnap someone just to appease the family. I'm sorry but if the police couldn't do anything, why didn't the family seek professional health with a mental health professional?

Its not these officers fault these were the cards that were dealt to them. I'm sorry for the family who lost their loved ones. I'm also sorry for the officers. I support our police officers and am thankful for them.


61 people like this
Posted by urmomz
a resident of Another Pleasanton neighborhood
on Mar 22, 2020 at 2:03 am

The guy made the decision to buy a bunch of meth. He then made a decision to take enough meth to kill a horse. These decisions directly resulted in his confrontation with the police. Whatever mental health problems he may have had are unfortunate, but his decisions led to this situation, not his mental health condition and not the actions of the police.

Rather than blaming the police every time something like this happens, the community needs to begin taking responsibility for itself. Get your kids the mental health assistance they need before it becomes out of control. Teach your kids not to take lethal doses of meth (or preferably no meth at all). Teach your kids not to get into violent confrontations with the police. Blaming the police for society's failures is stupid.


37 people like this
Posted by Wombat
a resident of Downtown
on Mar 22, 2020 at 6:35 am

@Kathleen Ruegsegger wrote “ Do other communities have different protocols that we can learn from/use? I most sincerely hope/wish there are policy changes; they should have changed years ago.”

Kathleen, you’re amazing. After your long diatribe against the PPD for the way they handled this incident, you openly admit that you don’t even know if other police departments use different protocols in situations like this. But no matter. Self-professed ignorance never stopped Kathleen from insisting that she knows best. You confidently assert that there should be “policy changes” to the way PPD handles incidents like this, policy changes which in fact should have been made “years ago!” you demand as you jump up and down on your soapbox! Policy changes to what, the rest of us wonder? You don’t know. The PPD doesn’t know. And other police departments don’t know. The rest of the world is baffled by your belief that a local crisis mental health team trained to stop and “de-escalate” could have prevented this person from dying from multiple organ failures due to the acute methamphetamine toxicity listed as the primary cause of death by the Alameda county coroner.


19 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 22, 2020 at 8:23 am

Wombat, I have talked in the past about the report (task force) on 21st Century Policing, so the question was rhetorical. Of course there are communities doing better than ours. There are crisis teams in our county, just not near enough to the tri-valley to be effective in a case like this.

There is, of course, an independent coroner’s report. I’ll ask one question, why was Jacob Bauer bleeding? We need the video. I hope Gina Channel is successful this time with her request.


20 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 22, 2020 at 9:08 am

@ KR

Actually, different programs DO exist locally.

Both in San Francisco and Oakland for example.

When a 911 call is placed regarding a person in a suspected state of "crisis", the first contact is NOT made by law enforcement.

First contact is made by a social worker.

Law enforcement's responsibility in these cases is secondary.

Livermore I've heard has a similar response program.

If Pleasanton had a MET program like Oakland does, Jacob Bauer, Shanon Estill, and John Deming Jr. would all be alive.

Time for Pleasanton to acknowledge the need and establish a program.

25% of the population has a diagnoseable mental illness.

Last year Pleasanton had over 500 5150's (Those that were determined to be in imminent danger to themself, or others)

No where in the DA report does it state that Jacob Bauer was EVER in imminent danger to himself, or others.

BTW, the Oakland MET program is a Alameda county run program funded with your tax dollars.


24 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 22, 2020 at 9:28 am

@ Anonymous

Actually CIT training advises that the officers DO walk away. It's the basic, fundamental premise for dealing with a person in crisis.

According to the DA report, the officers did give Jacob Bauer "distance". The DA report then states that the officers approached, with each officer on each side.

Why did these 2 officers break the fundamental, basic premise of CIT?

Do we even know if the Officer Brad Middleton and Detective Jonathan Chin completed CIT, and if so, how long ago was their training?

Why is a Detective responding to this type of call anyway? A Detective's job is to investigate.

Seems that the family feared an encounter with PPD....

Web Link

Bry


35 people like this
Posted by Wombat
a resident of Downtown
on Mar 22, 2020 at 10:31 am

@Kathleen Ruegsegger wrote “ I’ll ask one question, why was Jacob Bauer bleeding?”.

Did you not read this article? Jacob Bauer was bleeding for the same reason that PPD officer Chin was bleeding: The officers were in a physical struggle to subdue a big, violent 275-lb man high on meth who was kicking and scratching to avoid arrest.

IF Jacob Bauer had any hope at all of surviving his overdose on methamphetamine, it depended on him being subdued, arrested, and transported to a hospital as quickly as possible. I find it hard to figure out why you would think that inserting a “local crisis” mental health team into the entire process to “immediately stop, reassess, and de-escalate” while critical minutes are ticking by would have helped Jacob Bauer’s chances of survival. In fact, if your hypothetical “local crisis” mental health team had been called onto the scene in this incident they would have declared “Why the heck did Kathleen Ruegsegger call us here?! This guy doesn’t need a local crisis mental health team! This guy is on enough meth to kill a horse! He doesn’t need us! He needs to get to a hospital ASAP!”


19 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 22, 2020 at 11:03 am

@wombat

You need to read the DA report

No where in the report does it state that Jacob Bauer was being placed under arrest at the time he was beaten by Officer Middleton & Detective Chin


17 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 22, 2020 at 11:09 am

@wombat

Have you ever been raped?

According to the DA report , Jacob Bauer thought he was being raped by officer Middleton & detective Chin

Anyone who is being raped would fight back, wouldn’t they?


20 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 22, 2020 at 11:16 am

Wombat, please read what Bryant Annenberg has written. The thing that might have saved Jacob Bauer was to not confront him. To let him walk home (blocks away). Time and distance (crisis teams know this). To have given officers the information the parents tried desperately to make sure the police department had. To lose three lives in a relatively small community and over a short period of time tells me there is more that can and should be done. After one death, review, assess, and adjust. After two deaths, maybe you aren’t looking hard enough. After three deaths, there is a genuine problem.


42 people like this
Posted by urmomz
a resident of Another Pleasanton neighborhood
on Mar 22, 2020 at 9:59 pm

Sure, let the guy who is out of his mind on meth, acting violently, and mentally ill just prance through the neighborhood. If we're lucky, he'll run into some poor kid! We should definitely put the safety of the meth-head over the safety of the community. *rolls eyes*

Good grief.


19 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 23, 2020 at 8:59 am

urmomz, I understand your skepticism, but time and distance does not mean the police walk away. Family and the crisis team are contacted. Without confrontation and demands to comply, officers do not get hurt, the person in crisis does not get hurt, and the police and others make sure no one else is in harms way.


43 people like this
Posted by urmomz
a resident of Another Pleasanton neighborhood
on Mar 23, 2020 at 9:51 am

Kathleen, you really need to stop talking about things you don’t have the slightest grasp on.

Contacting the family? Family is very often a trigger for mentally ill people. They are often looking for an audience with their family and use their family’s presence as an opportunity to kill themselves. Contacting their family is an awful idea, not to mention, probably illegal. You know people suffering from mental health issues have privacy rights, don’t you?

Time and distance? Yes, let’s give the dangerous meth head mentally ill guy distance to... flee from the police and kill an innocent person! That’s a fantastic idea, lol.

The guy was a criminal, was high on meth, and was dangerous. This was clearly a situation that needed to be handled immediately to prevent any harm to the public. Expecting the police to use rainbows and happy thoughts to resolve this is completely unhinged.


17 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 23, 2020 at 10:24 am

urmomz, read what Bryant Annenberg had to say; clearly knowledgeable. Contacting family is not an awful idea, and in this case, would have been the solution. Time and distance is effective. Stop using terms like meth head and stating someone would have been killed. It’s just hyperbole and perpetuates a stigma on those with mental illness and those who are desperate to find them help. There are plenty of resources available to understand mental illness, self medication, effective means of de-escalation, and to see communities that are actively using time and distance and other alternatives to confrontation.


29 people like this
Posted by CWM
a resident of Stoneridge
on Mar 23, 2020 at 11:30 am

Anonymous is right on. I'd like to add that you can't possibly believe that any officer gets up one day and says "I think I'll go out and take someones life today". Do you really think that? Do you not think that the gravity of taking someone's life lives in the mind of the officer EVERYDAY for the rest of his life.

I just love all the experts that write their opinions on this subject without ever living in the shoes of the police. In real time the situation can go from being a casual conversation to a fight for your life in a snap of the fingers. Call the Family! Are you kidding me, hell you are just trying to survive. While social media has brought us many good things the one bad thing is that everyone seems to think they have the right to know everything that takes place. What they really are is what we used to call busy bodies, just have to know everybody else's business.

The basis of all laws is that the vast majority of the people will obey them. For those few people that break the rules we have what we call the police to deal with them. To make up excuses for the people unwilling or unable to follow the rules of our society is flat out dangerous. Why do people on this thread keep repeating that he was having a mental breakdown, you know this because the parents said it was so? Could it be that the meth in his system was what really made him act out. The NON LETHAL enforcement tactics they used against him had very little effect, which is very common for people on meth. Once the police start backing off then the bad guys have won. Once again is this case, which is the same with all of these incidents, is that the person being detained didn't do what he was asked to do. Someone has to be in charge and society has said it is the police. Once we let the perpetrator dictate the show the rule of law will disappear.

Facts are a very stubborn thing, they never change!!


16 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 23, 2020 at 12:12 pm

@CWM

You statement is spot on for a "Police-State".

However,we are not living in the Philippines, China, Russia, Cuba, North Korea, Venezuela or any number of countries which are a police-states.

We live in the USA where individuals have rights.

And people with mental illness are a “protected class”

What you've described is that we are currently living in a police-state, and I believe we are moving in that direction.

Hell..the police are killing people for "jay-walking" (Brisbane), carrying a box cutter (Hayward), or a cell phone (Sacramento).

All killings with No-Guts District Attorney's stating no criminal charges will be pressed due to the unlikelyhood of a conviction (read the DA report on this one)

What we have, is what you have so accurately described is law-enforcement which is out of control, patrolling the streets with impunity, with NO accountability for their actions (yet).

Wake up people. Police are killing people for committing misdemeanors.

If you want to live in a Judge Dredd dystopia, feel free to move to any of the countries listed above.


12 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 23, 2020 at 12:16 pm

@CWM


Fact

Dr. Cyril H. Wecht, found Jacob Bauer died as a result of asphyxia during physical restraint by police

Dr. Cyril Wecht is one of the most renowned and respected forensic pathologists in the world. Look him up on Wikipedia to see for yourself.


14 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 23, 2020 at 12:19 pm

@CWM
@URMOMZ

You should heed the observation of KR

To lose three lives in a relatively small community and over a short period of time tells me there is more that can and should be done. After one death, review, assess, and adjust. After two deaths, maybe you aren’t looking hard enough. After three deaths, there is a genuine problem.



18 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 23, 2020 at 1:23 pm

Been thinking about post by @CWM

@CWM states that it is the responsibility of the law-enforcement to enforce our laws and arrest criminals.

It is precisely this type of attitude which should have society looking at NOT having law-enforcement respond to people in crisis.

In addition to arresting criminals, it is also the responsibility of police to respond to the needs of people in crisis.

This is covered EXTENSIVELY in the PPD policy manual.

Time for a change.

Law enforcement should NOT be the primary response to a person in crisis.

While the DA report does not specifically state it, it seems that the 911 call placed by Raley’s was to get Jacob Bauer help…a person in crisis.

That’s what all the advertising says…call 911 to get help for a person in crisis…its everywhere, even the policy of the PUSD.

Regrettably, this law-enforcement response all too often leads to death in Pleasanton.

RIP:
John Deming Jr.
Shannon Estill
Jacob Bauer

Hopefully your deaths will not be in vain, and positive changes will result.

Bry


37 people like this
Posted by urmomz
a resident of Another Pleasanton neighborhood
on Mar 23, 2020 at 1:24 pm

Why would I stop calling him a meth head? He literally ingested enough methamphetamine to kill himself. I guess meth body would be more accurate, since his whole body was filled with it.


Dr. Cyril Wecht? The guy is 90 years old, is an attention whore, and a conspiracy theorist. Not to mention he was paid by the family. Clearly an unbiased source, lol. He even managed to blame the police for the death while making no mention of the fact that the amount of meth the meth head ingested WAS A LETHAL DOSE.

As for three deaths in a short period of time...

This one was a suicide by meth. He took a lethal dose of meth and died as a result. Nothing the police can do to stop that.

The prior one was a man who was Interrupted while trying to kill his family and pointed a gun at the cops... twice. Not much you can do there either.

The third one is simply way to complex to work through here. The city paid a nuisance fee of $285,000 to make the family go away. Had there been any wrongdoing by the police, the settlement would have been in the millions.


You all think we live with the care bears or something. Get real, lol.


14 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Mar 23, 2020 at 1:30 pm

@URMOMZ

You're dismissed


34 people like this
Posted by urmomz
a resident of Another Pleasanton neighborhood
on Mar 23, 2020 at 1:36 pm

“Law enforcement should NOT be the primary response to a person in crisis.“

I could get on board with that. I nominate you and Kathleen to be our response team. I’m sure you’ll volunteer to go deal with the next 300 pound meth head smashing everything in sight or the guy trying to kill his family. Don’t worry, the police will be maintaining their time and distance while you ride your unicorns over and throw rainbows at them. Please don’t ask the police for help though, the meth head and the guy pointing guns at you are in crisis and using the police would be completely inappropriate.

Care-a-lot appreciates your service!


15 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 23, 2020 at 2:45 pm

I’ll take a unicorn and rainbows anytime. And I hope all your loved ones and friends will always be well and safe.


28 people like this
Posted by CWM
a resident of Stoneridge
on Mar 24, 2020 at 12:24 am

@Kathleen Ruegsegger
My family and friends will always be safe since they will obey the directions of a police officer.

@Bryant Annenberg
Wow, somebody needs to get back on their meds.


16 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Mar 24, 2020 at 9:40 am

CWM, nice to know you have that comfort in your life; others, however, do not.

At least have empathy for those in different circumstances than yours, and consider trying to understand what that means for those with mental illness and the families that love them. Your comment to Bryant proves why anonymity allows you to say things (a) you shouldn’t and (b) you wouldn’t if face to face (and if you would say it face to face, that says a lot about who you are).

Consider also that someone you care about may someday fail your confidence in them and perhaps through no fault of their own. While I sincerely hope that never happens to anyone, I also hope those in a position of authority can handle the situation without harm to themselves or those they serve.


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