|
Getting your Trinity Audio player ready...
|
The city of Pleasanton and the parents of Jacob Bauer have agreed to settle the lawsuit brought over the local man’s death in police custody for $5.9 million and a private meeting with Pleasanton Police Department leadership to discuss policy changes around mental health response, the family’s attorneys announced Tuesday morning.
The agreement, which averts a potential jury trial, sees John and Rose Bauer dismiss their federal litigation while the city and the individual police officers listed as defendants admit no fault or liability for Jacob Bauer’s 2018 death and continue to deny the allegations.
“No parent should ever have to live with the visions of the violent death of their child,” Rose Bauer said in a statement. “Jacob lost his life over a few broken bottles at a grocery store. I hope this settlement creates real changes to stop police from using excessive force against the mentally ill.”
“An important part of this settlement is our ability to meet directly with the Pleasanton Chief of Police to discuss and see implemented critically needed policy changes which help support the mentally ill when they encounter PPD,” John Bauer added.
Pleasanton city attorney Dan Sodergren confirmed the settlement Tuesday and explained the decision was made by the city’s insurance pool, the Bay Cities Joint Powers Insurance Authority (BCJPIA) and its excess insurance pool California Affiliated Risk Management Authorities (CARMA).
“Under the Memorandum of Coverage between the City and BCJPIA, BCJPIA (and CARMA), at its own expense, has the right to assume control of the negotiation and settlement of any case which it determines, in its sole discretion, to have a reasonable probability of resulting in an ultimate net loss in excess of the City’s retained limit (deductible) of $250,000. Based on this provision, BCJPIA assumed control of this case. I do not have any additional comments,” Sodergren told the Weekly.
Jacob Bauer died at Stanford Health Care-ValleyCare hospital on Aug. 1, 2018, less than two hours after being restrained following a physical confrontation with Pleasanton police officers outdoors in the Oak Hills Shopping Center after the 38-year-old man was accused of breaking bottles inside Raley’s.
The Alameda County District Attorney’s Office cleared officers Brad Middleton and Jonathan Chin of criminal culpability for Bauer’s death in 2020, concluding the use of force was reasonable given the circumstances and citing the county coroner’s determination of methamphetamine toxicity as the cause of death.
Bauer’s parents, who sued the city and police officials initially in June 2019 for wrongful death and violating Bauer’s constitutional rights, disagreed with the official conclusions, including arguing their third-party autopsy determined their son died as a result of asphyxia during physical restraint by police.
The interaction between the two first-arriving officers and Bauer turned physical on the grass strip behind Jim’s Country Style Kitchen along Mission Drive just before 3 p.m. on Aug. 1, 2018, with Bauer becoming combative after officers grabbed his arms and wrists to detain him, according to police bodycam footage and the DA’s report.
Amid the five-minute struggle, which saw Bauer kick and scratch Chin and police officers, including backup arrivals, deliver blows with their hands, batons and several Taser stuns, Bauer was ultimately handcuffed with multiple sets of linked cuffs. No gunshots were fired during the exchange.
Police then restrained a resistant Bauer with a body-wrap device as well as a spit mask. A paramedic also administered a sedative at 3:19 p.m.
According to the DA’s report, paramedics removed the spit mask nine minutes later inside the ambulance to find Bauer’s face bluish in color and moments later they could not find a pulse. He was pronounced dead at 4:15 p.m.
The county coroner cited acute meth toxicity as Bauer’s cause of death, with contributing factors (not resulting in the underlying cause) to include probable mechanical asphyxia, cardiac hypertrophy and morbid obesity.
In addition to police actions depicted in the video footage and the conclusion on cause of death, among the aspects of the situation that drew the ire of Bauer’s parents was that they said they called Pleasanton PD at least four times in the weeks before Aug. 1, 2018 to try to get their son remanded for a mental health evaluation while observing his emotional deterioration but were told there was nothing the police could do at that point.
Pleasanton Police Chief David Swing responded to the settlement by “the city’s insurance carrier,” saying in part, “The Alameda County District Attorney’s Office conducted an extensive investigation into the conduct of the officers and determined none of the involved officers committed a crime related to the level of force used.
“The Pleasanton Police Department values the sanctity of life and continues to extend its most sincere condolences to the Bauer family,” added Swing, who was not police chief at the time Bauer’s death occurred.
The settlement stipulates that all parties agree the deal “shall not constitute or be construed as an admission of liability or fault by (the) defendants or any of the employees of the city of Pleasanton,” while also acknowledging that the defendants still “dispute plaintiffs’ allegations and that this agreement is made by the parties to avoid the risk of litigation and trial.”
The lawsuit is dismissed with prejudice, meaning the civil case is closed permanently and the parents cannot reintroduce similar litigation in the future.
The Bauers’ attorneys — with the Oakland-based law firm Gwilliam Ivary Chiosso Cavalli & Brewer — noted that the city recently lost its bid to have the lawsuit tossed before trial, but Judge Laurel Beeler of the U.S. District Court for the Northern District of California ruled in the family’s favor.
“What happened to Jacob Bauer was an outrageous tragedy that never should have occurred had PPD followed good police practices and training,” said attorney Jayme Walker, a partner at the Gwilliam firm who personally represented the Bauers.
“Nothing can fill the void that Jacob’s loss has created for his parents, John and Rose, but we hope this settlement and the policy changes that result from it will help prevent other parents from going through such unimaginable loss,” Walker added.
The main non-monetary term of the settlement, from the Bauers’ perspective, is a requirement for a conference call via Zoom between themselves and Chief Swing and/or Capt. Larry Cox.
The “listening session” must include 10-20 minutes for the Bauers to “provide their input regarding policy changes at PPD with regard to PPD’s responses to people who may be suffering from a mental health crisis.”
“The Chief and/or Captain will then be able to respond to the Bauers’ input, including what PPD has implemented in relation to dealing with people who may be suffering from a mental health crisis, including since Jacob Bauer’s death, and what PPD is contemplating in the future in responding to calls involving people who may be suffering from a mental health crisis,” the agreement reads.
The settlement does not mandate that any policy changes be implemented by Pleasanton PD.
The Bauer case marks the second time the city, via its insurance pool, settled a lawsuit over an in-custody death. In April 2018, Pleasanton agreed to terms to dismiss a federal civil case for $285,000 and no admission of wrongdoing for the 2015 fatal police shooting of John Deming Jr.
The $5.9 million figure reached in the Bauer case is among the largest financial settlements for a police custody death in the Bay Area.
The breakdown will include $1,647,057.32 to John Bauer and $1,650,643.82 to Rose Bauer for compensatory damages and the remaining $2,602,298.86 to the Gwilliam law firm for attorney fees and costs, according to the terms. It was unclear whether or how the Cardozo Law Offices, also cited as an attorney for the plaintiffs, will receive a cut.
The Bauers signed the settlement agreement on July 23, but news of the deal was first publicized on Tuesday, by their attorneys.
The lawsuit listed the city and officers Chin, Middleton and Rich Trovao as defendants.
Editor’s note: This story has been updated to clarify that the settlement does not require Pleasanton PD to implement policy changes, rather the terms stipulate only that PPD leadership must meet with the Bauers to discuss potential recommendations.
I wish the Bauers well in their talk with the Chief. Real change needs to occur to keep the mentally ill and the police safe.
Hopefully the chief tells them their son should not have ingested a fatal dose of methamphetamine. Completely ridiculous that the city is paying the family a penny simply because their son was a drug addict who acted violently, resisted arrest, and killed himself by overdosing. We need serious tort reform to put an end to these outrageous lawsuits.
Mike, Jacob died of asphyxiation. Find the deposition of the Alameda County coroner. He also was a man suffering from mental illness and, like so many, self medicated, something the family tried to register with the police. Please understand the facts before you make comments.
Here is what I found so far:
The coroner’s report identified the minor physical injuries that Mr. Bauer suffered (abrasions, contusions, minor external injuries, and taser barbs embedded in his abdomen). The toxicology report showed that methamphetamine and amphetamine were present in Mr. Bauer’s blood (0.42 mg/L of methamphetamine and 0.04 mg/L of amphetamine). The cause of death was “acute methamphetamine toxicity.” Other conditions contributed to death including “probable mechanical asphyxia while being placed in [a] restraint device by police[,] cardiac hypertrophy[, and] morbid obesity.” The paramedics had injected Mr. Bauer with four milligrams of Midazolam, but the toxicologist did not find the drug in his blood, suggesting that Mr. Bauer’s “circulatory system already had collapsed or was [in] the process of collapsing when the dose was administered.”34 The coroner testified that the WRAP restraint and the ninety-degree angle impaired Mr. Bauer’s ability to breathe and caused the asphyxia.35
Page 9. https://www.courthousenews.com/wp-content/uploads/2021/06/jacobbauer.pdf
Per the coroner, who is much more reliable than the self described conspiracy theorist being paid by the family to reach a predetermined conclusion, he died of “acute methamphetamine toxicity.” Hell, the cool thing is you can look at the tox results and the lethal dosage level yourself. He was well above a lethal dose. Enough with the misinformation Kathleen.
Please read what I posted above your post.
The part where his cause of death was acute methamphetamine toxicity? Yes, i know, he killed himself by overdosing. Was there something else?
Really? “Other conditions contributed to death including “probable mechanical asphyxia while being placed in [a] restraint device by police[,] cardiac hypertrophy[, and] morbid obesity.” The paramedics had injected Mr. Bauer with four milligrams of Midazolam, but the toxicologist did not find the drug in his blood, suggesting that Mr. Bauer’s “circulatory system already had collapsed or was [in] the process of collapsing when the dose was administered.”
You don’t hand out one of the highest awards in California because Jacob was handled in a safe manner over two sodas.
Reminder: it requires more training to be a hair stylist in America than to be an officer.
It takes 4x as long to get an associates and 8x as long to get a bachelors.
Lots of people fuming over last May’s police killing in Minnesota are sure giving the police force alot of leeway here..
Reminder: It takes more training to be an officer in the US than to be an attorney (many states only require you pass the bar). Just in case you need a reason to realize why that is a silly statement.
It takes 1,600 hours to be a cosmetologist in California. It takes 7 years of college and passing the LSAT and the bar exam to be an attorney. It takes 664 hours to be an officer in California.
There is no requirement to have 7 years of college education, take the LSAT, or even to attend law school to be an attorney in California. You need 60 hours of undergraduate work and to pass the bar to be an attorney.
If you want to compare actual training before doing the job, you quite conveniently left out the mandatory field training program for officers. A typical officer in California will have 1000+ hours of academy training, 40+ hours of orientation training, 640+ hours of field training, and dozens of hours of ongoing professional training.
Its almost like youre twisting reality to fit an agenda or something. Weird.
Actually for an officer it’s 2080 hours. They are on Probation for a year and subject to continual training.
My condolences to the family. But please note “Morbid obesity”. Also the number one comorbity for Covid19 deaths.
But we can’t talk about that. Not PC.
Have yourself in poor health, heart in poor shape, morbidly obese, which likely means a fatty liver, and either pre diabetic or diabetic. Habitual drug user? Likely also pot and / or alcohol. Plus meth, andmental illness.
A walking health time bomb.
Your absolutely correct Julius. That can also be said about George Floyd. And it has now been disclosed that the ME was forced to lie about the cause of death. Counselors in Birkenstock’s wouldn’t have faired any better.
Not only that Julius, we’ve seen the results these well intentioned police “reforms” have in the real world. Look no further than Portland, Seattle, San Francisco, and Oakland. I for one dont care to live in a city where I cant walk 5 steps without tripping over drug addicts, use needles, and human waste. I expect our police department confront drug addicts breaking the law to keep our city safe rather than surrendering it to the criminals as so many other cities have done in the name of “reform.”
The settlement says enough people believed the points made in the case.
Training – a friend is a police officer in Pleasanton. They train all the time. This weapon, that weapon, this situation, that situation. Very extensive. The few officers I know have never fired their weapon.
Police have a very physical job, well, at least for male officers. The officers I know are lifetime athletic (gym workouts), plus often karate, judo, etc.
FTR, the liberal Chicago District Attorney has recently chosen to not prosecute over 2,000 criminals, including violent crimes, murder, and rape.
But Gavin Newsom is cleaning a ‘homeless camp’ in a $300 sweater.
Kathleen+Ruegsegger – insurance companies are wary of liberal juries in jurisdictions like Northern California. Get 6 or 8 women on the jury, a few African Americans, Mom crying on the stand for 3 days, Dad crying… all the facts go out the window. Less likely in Truckee or Montana.
Any mention of his occupation? 9/11 true victims were compensated based on age, occupation / children, etc. A chemical engineer with 3 children, teacher, or a part time Uber driver?
Jacob worked in tech. You can have liberal juries who would have awarded less than $5.9M plus a visit with the chief. It is one of the highest payouts in California. Insurance companies don’t take this so lightly that they just throw millions at it. The case states the facts.
Guys, Kathleen has her view of the world and it just doesn’t jive with most other law abiding citizens. The case does not state the facts, it represents the side of the story that one side has put forward in their lawsuit. This is your typical case of paying is cheaper than fighting it in court. Note this line from the article; “shall not constitute or be construed as an admission of liability or fault”.
What happened to the days when a police officer asked you to do something and you just did it. In almost every case that gets large scale publicity the perpetrator does not do as asked and the fight is on. That is exactly what happened in this case. Having a medical issue at the time of the event is not an excuse since people in such distress are a danger to anyone they come into contact with. Especially when it is combined with a toxic level of drugs. It is really sad that someone died, but he definitely contributed to his death by refusing to do as asked. The police have a responsibility to act when person is a threat, they just can’t walk away. That would be dereliction of duty.
Carl, I’d be sorry to hear there is no empathy from others about someone who is mentally ill. Jacob held to his personal rights and stopped responding to questions. That is not cause for handcuffs and everything else that occurred after that point. That the officers had no admission of liability or fault is legalese. Read the coverage by the news, get the public records, understand fully what happened. Then think about what could have been done differently to protect the sanctity of life—Jacob’s and the officers. As to paying is cheaper, that is true in some cases, but not at the level of this settlement.
With all due respect, this young man lost his life because of a few broken bottles. He was no threat to anyone. Reading some of these comments makes me sick. Have you no compassion??? We do have a problem in this country with police brutality. I wish John and Rose well in their effort to use their son’s death to create positive change in policing in this country.
Please, take the time to read Lisa’s comment, and you just might think logically about this terrible tragedy.
The City’s insurance pool, BCJPIA and CARMA, decided it was best to settle the case.
Julius, if I was an African American, or a woman, I sure wouldn’t want you judging me! Your ignorant comments are all there for everyone to see.
I said that it was sad that someone died, I do have empathy for the family. However, I hold ALL people accountable for their actions. Police have to act on the information they have at the time. You are speaking on information that may be much more detailed than what they had at the time. Funny thing how you are never wrong when you Monday morning quarterback an incident with a lot more information than the police had at the scene. What did you want the police to do when he refused to ID himself and they had reason to believe that he is the person that was reported to have committed a crime? Just say to him to have a nice day and leave. They can’t do that, they have a duty to act. Of course he didn’t have to resist arrest either. Being mentally unstable and high on drugs doesn’t make it OK to resist. You always seem to gloss over the fact that he had “acute methamphetamine toxicity” as determined by the medical examiner. He very well may have died whether he had an encounter with the police or not.
Lastly, $6 million is not that much by today’s standards. The attorney tab will almost go through that number just prepping for a trial. When it comes to insurance companies it is all about $$$, not who is right or wrong.
That is it for me, you can post all you want but I’m not taking the bait!!
No Lisa, that is patently false. His cause of death was a methamphetamine overdose. He lost his life because HE CHOSE to consume a fatal dose of methamphetamine.
CWM, the crime was two bottles of soda; and Jacob did give the police his name. Watch the video. Everyone knows that the mentally ill rarely comply with demands from anyone, police or not.
Meth was not his cause of death, Mike. In his deposition, the Alameda coroner went into great detail about Jacob’s asphyxiation and how it occurred. This is what the independent coroner said as well.
As you yourself quoted Kathleen, “cause of death: acute methamphetamine toxicity.”. Please stop spreading false information about the cause of death being anything other than what is officially listed – acute methamphetamine toxicity. He chose to overdose on meth. That is not the police’s fault and it is not his supposed mental illness’ fault. It was his fault for consuming a fatal dose of methamphetamine.
Anyone trying to place the blame on innocent people should be ashamed of themselves. It is completely repulsive to blame innocent police officers for doing their job a d keeping the city safe from drug addicts and criminals when the fault for Jacobs death falls squarely on his own shoulders. Using this “tragedy” as leverage for some misguided crusade against the police is a special kind of disgusting.
You might remember that Pleasanton Weekly was the news organization to obtain the body-camera video and DA’s report in March 2020. The stories below link to several documents, previous stories and the videos.
The officers were called to the scene by store employees and had to arrest Bauer because the store employees pressed charges for destruction of property.
https://www.pleasantonweekly.com/news/2020/03/20/pleasanton-pd-officers-cleared-of-criminal-charges-for-mans-death-after-confrontation-outside-raleys
https://www.pleasantonweekly.com/news/2020/04/06/pleasanton-police-release-officers-body-cam-video-of-bauer-arrest
Putting compassion aside, this large taxpayer payout has nothing to do with guilt, responsibility, or change. It is a quick remedy to ‘move on’ by the city. I am happy the officers where cleared, for I believe they were justified in their actions. The defendant, as many have noted, was declared to be in a state of methamphetamine overdose. Furthermore, according to the details in The Patch-“ A paramedic gave Jacob Bauer a sedative, attorneys said.” Interesting, did that have an effect on him?
The officers were called to an event where the defendant exhibited destructive behavior and violent tendencies. Once they arrived they can’t reverse what they know and see. Were the officers required to stand by and call Social Services, Counselors, or Fire? What would those people do? Would they have possessed magical powers and special language to take him to the hospital? He was in a paranoid state because of the quantity of methamphetamine in his system. At some point he was going to require physical control to move him out of the public domain.
The time for counseling and connection should have happened long before the officers came in contact with him; long before the defendant entered the store and went off; and long before he chose to start taking large quantities of meth.
Why is it in these situations that the officers are the ones who are judged for acting badly? Responsibility has to be owned, but don’t look at the very ones you call to handle the situation as responsible for someone else’s poor behavior and life choices. I’m surprised many of you aren’t condemning the store for calling the police. We are living in ‘Alice And Wonderland.’
Mike, read the deposition by the coroner. Jacob may or may not have died from the meth—he had a high tolerance from self medicating. He was lucid when he spoke to the officers and did not move until they tried to cuff him. I would argue it wasn’t necessary, but it’s my argument.
Jake, a settlement that large is not to move on; in fact, the city had no say. We won’t ever know what social services may have done. Jacob’s parents sought help.
Ah; so he “may or may not have died from the meth.” With that as a starting point, we should definitely jump to blaming the police rather than considering that the fatal level of methamphetamine may have killed him. That makes perfect sense. Not to mention, now you’re picking and choosing what you believe his state of mind is to suit your agenda. One minute hes so mentally ill that it is causing him to vandalize property, resist the police, and even bite one of them; the next minute hes perfectly lucid because that fits your current agenda. Which is it??
I do find it interesting that every symptom of his “undiagnosed” mental illness his family described is consistent with methamphetamine psychosis. I wouldn’t be the least bit surprised if he had no mental illness at all and was just using way too much meth.
May or may not have died from meth—meaning we don’t actually know the answer if he hadn’t been treated as he was. Do you believe if the police continued to talk to Jacob that he would have died standing there, cuz I certainly don’t.
There are reasons for awarding $5.9M. I don’t have them yet.
None of this would have happened if he wasn’t high on drugs, stealing from a store, or just complied initially with the police. Somehow the police are suppose to know the mentally ill and when they’re high on drugs.
I am disappointed at how cavalier many people are at dismissing the difficulty of deal with people on meth. I worked in fields where we came face to face with people on it and they are extemely unpredictable. I’m no “blue lives matter” flag waving type but I don’t see what else the police could have done especially since the parents neglected to tell the police about the guy’s drug use when they assures the police that he’s “harmless”. People hopped up on meth is anything BUT harmless.
I don’t think I’ve ever made or will make 5.9 million working my entire law abiding, productive life. At the end of the day the lawyers will get extremely rich and if that’s what justice is to some of the residents of the city, what can I say.
No one has addressed the root cause of Jacob’s untimely and tragic death. An inadequate mental health system that disallows families the means to find a simple path to care and treatment for an adult who is clearly on the brink of breakdown. It also disallows police authorities to readily help those families and lead them to a place of safety where their loved one can be adequately cared for and treated. Bipolar disease isn’t pretty. Only sometimes, it is. The person afflicted can be high-functioning, behave quite normally, have a good job, a family who loves and cares for them. Until something triggers the most abhorrent, often violent, behavior. Called a “psychotic episode”and when it happens, all bets are off.
Jacob’s parents did know in advance he was headed toward a break. They expected police help, but the police didn’t have the tools in their 40 lb. vests to facilitate that help. These honorable men in blue didn’t seek to take Jacob’s life. They responded to a call from a business being disrupted by Jacob’s erratic behavior, placing customers in harm’s way if he had continued his outrageous violent. Jacob’s inner demons…along with too much methamphetamine…overtook his sense of reason and drove him to the tragic end we all are now far too familiar with.
Your knee-jerk response is to blame the last contact…the police…when in fact it is the result of Jacob’s mental functions gone wrong, and having gone wrong for a long time.
Parents aren’t taught how to deal with an adult child who is slipping into a deep abyss before their very eyes. Keyword: adult child. Unless that child relinquishes legal control they can’t force treatment on him. If he chooses, however unwisely, not to be treated, their hands are tied, just as police hands are tied.
Monday morning quarterbacking and $6 million won’t bring Jacob back. The court has rendered its decision. Our city has $6 million less to assist it’s residents’ recovery from Covid. No winners here.
No Kathleen, we wont know. What we do know though:
Had Jacob not chosen to consume a fatal dose of methamphetamine, he would not have died.
Had Jacob not chosen to destroy property in the store, he never would have encountered the police.
Had Jacob chosen to cooperate with the police’s lawful commands, he would not have had force used against him.
Had Jacob chosen not to violently resist the police, he would have had less force used against him.
While any fault you want to assign to the police is suppositional at best, there is a very clear chain of decisions Jacob made that directly caused his death. There is no one to blame for Jacob’s death other than himself.
Jacob was erratic in the store, not with the police. He was standing still and refusing to answer additional questions. The police didn’t say they were going to cuff him, and then Jacob reacted. Watch the videos. The police didn’t listen to his pleas and instead tased him, billy clubbed him, knelt on him, and put him in a wrap. I could check, but I don’t think they talked to him for five minutes before the trouble started.
Review of the videos is a good idea. Links to the body camera videos are in this story:
https://www.pleasantonweekly.com/news/2020/04/06/pleasanton-police-release-officers-body-cam-video-of-bauer-arrest
There are some obvious truths here that need to be understood by all. Settlements awarded by juries tend to be extremely high whether there is guilt or not. Juries have a natural human tendancy to listen and react to the human suffering component of a situation, and make awards based on emotion as opposed to rational decision-making.
The obvious response for an entity that wants to reduce its exposure to a potential jury award is to avoid the jury at all costs. Everybody understands that simple principle, especially the actuaries at insurance companies.
In this case, there’s simply no way to remove the human suffering element. When somebody dies tragically, with video, any jury is going to react emotionally. It doesn’t matter if the deceased had a hand in his or her own death.
It would be difficult for a jury to understand and attempt to quantify the drug-use aspect of this case. It’s talked about, but it’s not on video like the actual death. It’s something a juror would need to think about, cerebrally. That requires effort. It’s much easier to react, emotionally. We would hope that jurors wouldn’t do that, but it’s just not the case.
So settlement is the smart thing to do. It has zero do to with the finding of, or the admitting to, guilt or innocence.
$5.9M seems excessive to avoid a jury. It is one of the highest settlements in California.
@Kathleen — Ben Curry’s family v San Ramon Valley Unified School District — settled for $8M.
Kathleen, please follow Gina’s advice and review the video. At no time was a billy club used. Please stop repeating the misinformation surrounding this dreadful chain of events. It only opens the wound further, providing comfort to no one. Especially the Bauers, who are in desperate need of time to grieve and to heal.
Gina, thank you. I did say “one of”.
Keeknlinda, Jacob was hit in the legs with a baton according to the coverage. I have watched the videos and read everything I can find. I understand the Bauer’s needs as well.
Let’s just say I have had an up close and personal seat.
This case involves 10’s of thousands of pages, documents and testimony.
As far as the reporting by the PW, they should stick to their journalist integrity by investigating taco trucks & Leadership Pleasanton.
The PW has been the primary source of “fake news”, courtesy of the PPD press releases provided in the first 48 hours after Jacob was murdered.
My criticisms of the reporting on this subject by the PW would be voluminous.
I’ll just say this…all the information provided in the press releases by the PPD in the first 48 hours were all lies.
A character assassination.
Regrettably, the PW has perpetuated these lies for 3 years.
The smartest thing the PPD did was to stop issuing press releases and talking to the press in less that 48 hours after killing Jacob.
To clarify, Pleasanton and it’s insurance companies have just paid the LARGEST settlement in the history of the USA for the killing of a Caucasian person at the hands of Police
Draw your own conclusions
From the law enforcement perspective..Carl, I now understand you after many discussions with Lexipol…Officers are trained to gain control & compliance in ALL encounters.
Something that Middleton and Chin DID achieve.
In 3 years, if PPD used force, 25% of those recipients ended up dead.
By comparison, Oakland 1.5%
Two reads I’d suggest:
Co-Founder of Lexipol article titled “Police reform starts with Police”
Judge Laural Beeler’s summary Judgement ruling.
That’s it….do not want to get into any debate with anyone who is basing their views on PW reporting.
I’ll conclude by this example, not 1 bottle (or anything) was broken by Jacob in Raley’s .
The only crime really committed here the filing of a false police report by Raley’s employees.
Jacob did NOT commit any crime.
Rose and I look forward to a meaningful, productive discussion with Cpt Cox and hopefully Chief Swing will choose to be part of the discussion.
Lastly, Rose and I are grateful for the support of many members of community who see that this really is a senseless tragedy that may have been avoided.
@John Bauer – First, let me say how sorry I am for your loss. I have three children – two sons – and I can’t imagine the pain of losing a child.
That said, our editorial board has never — ever — put forth an opinion on what happened the day your son died, then or now.
As responsible journalists, we gathered the documents (police reports, DA’s reports, toxicology and autopsy reports from the county and private sources, etc.) and went through months and months and months of public records requests, rebuttals to requests, flat-out denials, more public records requests, etc., so our readers have what they need (unedited body-camera video, complete and accessible documents) to read and watch and come to their own conclusion.
Again, I’m sorry for your pain and your loss — but unedited video and accessible documents are not ‘fake news,’ even if you don’t agree with the conclusions that some readers make.
Sorry Gina, I was trying to say that there are inaccuracies in this coverage. Jacob didn’t break any bottles; he wasn’t informed he would be detained (cuffed); the paramedics weren’t allowed to tend to him; the shot they gave him never entered his system, so he was dead at the scene. Please try to get the coroner’s deposition—I have been unable to do so.
@Kathleen — Store employees reported power was breaking bottles and merchandise to the responding officers. Middleton video at :45. “You’re just going to be detained while we figure out what’s going on.” Middleton video at 5:35. While waiting for the paramedics an officer asks Bauer if he’s hurt and he gives a nonverbal response and officer says “ok” 14:30 Sarasua video.
Also, I saw your mention of officers hitting him with a billie club but I couldn’t find it. Which video did you see that on and at what time stamp?
I will check on getting the coroner’s deposition.
To interject one train of thought I think is commonly overlooked, including in this thread: Evidence in criminal and civil matters is often up for interpretation and is not always as clearcut as we’d like — in part as a function of how our judicial system operates, and frankly how humans operate.
That is why two sides might have separate experts examine the same set of circumstances and reach different conclusions. Like here, we can have two certified pathologists examine the evidence and interpret it in different ways. It would then be up to the jury (and public at large) to determine level of truth and accuracy.
Even video footage can be not clearcut, whether the Bauer videos or say the fatal police shooting of Arboleda in Danville — look at the videos: is the car driving “toward” the deputy (maybe?); is the car driving “at” the deputy (probably not?). People can watch videos and interpret the footage in different ways to determine the facts of what happened. Two witnesses can share what they saw during a crime, and they may differ, but both accounts are evidence of what may have occurred. That’s part of the function of a jury at trial. It can be very illuminating to follow serious criminal or civil cases at trial, as a reporter or a layperson, to learn how evidence, facts and interpretations interconnect.
Don’t get me wrong; there are certainly occasions where one side’s argument is clearly unfair based on the documented evidence, but where to draw the line can still be difficult to discern when trying to draw conclusions on the truth of an event we were not first-person witness to — or here, when there is not a final determination on the facts due to a settlement. The lack of definitive clarity in these types of cases can be frustrating, is frustrating, but it’s the reality of the American justice system, public discourse and relying on humans for ultimate truth.
Those factors are among the reasons we as journalists generally present in our prose on crim
Editor Walsh makes some very good points in his comment above. And may I underscore that even though we now have video from officer’s body cam’s, it still cannot capture the training, experience, and the up close and personal reactions and behavior by the defendant as seen and felt by the officers.
Kathleen, with all due respect, you criticize the officers for their handling of this contact. You have set your feet in cement that counselors or social workers of some caliber should be handling these calls. Have you ever confronted a person under the influence of alcohol or drugs, particularly meth, PCP and cocaine? Have you ever had to remove them from a situation? Have you gone on “Ride Alongs” or participated in a Citizens Police Academy? Its a real easy call from the protection of your home scanning video and documents all day. Going over and over video frame by frame is so easy for you, but real life isn’t that way. Police Officers can’t stop time, reverse it by five minutes and then go forward again. It happens quickly, and many times police actions may not record on video in the most gentle and accommodating manner.
The Officers were in a tough position, and responded and made contact based on the information given to them at the time. Conditions and actions changed, as they can under the best of circumstances. Outcomes don’t always turn out well with all the best intentions in mind. Hopefully the next one does.
We have been fortunate that no one else has died since Jacob. I hope that trend continues.
I believe the blue line extends all the way to the DA’s office (more like a blue fence). And so the officers have been excused. The medical examiner (not Ahern who signed the report) explained that Jacob suffocated and how asphyxiation occurs in his deposition. This person quit his job before the report was given. Was it because he didn’t agree with the report? I don’t think we will know that answer.
Jacob’s parents sought help for their son. They didn’t get it, and much of that, unfortunately, is based on current law for adults with mental illness.
Have I confronted anyone under the influence? No, I’ve walked away. This case for Jacob was different for me because I know the family. But there first was Deming and then Estill. And I commented at the time that Deming, in particular, had a psychotic break. We can and should be able to do better with those who suffer from mental illness. When the police called the office about Jacob, they could have said he was mentally disturbed, but the central office didn’t have his parents pleas even marked down. How differently things could have turned out had that been noted.
Jeremy, yes, the Bauers won’t go to trial because they believe talking to the police, hopefully to effect some change, was more important. As I said at the top of this discussion, I wish them the best in their conversations.
Gee, it all makes sense now. Kathleen is a personal friend of the family. No bias in her thinking. Your prejudice is so deeply rooted that you will never be able to see the facts as they are.
In case you haven’t noticed the DA’s office has held police accountable for acts they have committed. Your blue line statement is patently false!!
When asked if you have ever “confronted anyone under the influence?” You stated “No, I’ve walked away.” Unlike you, the police can’t just walk away. They are duty bound to take some sort of action to alleviate the issue that is in front of them. You are so wrapped up in your little cocoon that you have no idea what police work entails and you refuse to try to see what it looks like from their side by investing some time in a ride along or some other form of education they provide for the public.
With the large number of comments on this event, I decided to take a look at the videos of officers Middleton and Chin. I presume, that they were given instructions to arrest Mr. Bauer. Or did they make the decision on their own? I believe that is a very important in this case. The officers had everything under control, Mr Bauer was a bit illusive in his answers, understandably so, because of his mental condition, and drug use. But he did inform the officers that he lived nearby, and he did not present any danger to the officers or the general public at the time. Why the rush to arrest him?
Was the department under stress that the officers were needed in other situations? This was a very unfortunate situation for everyone involved, the Bauers and the Pleasanton Police.
@Joe V – They had to arrest him because the store employees wanted to press charges.
I personally say the settlement is pure bulls_it!
CWM, yes I am a friend, but I reviewed the tapes that were available and read everything I can find. I believe the officers were too quick to act, but again, that’s my opinion. There were roughly a dozen officers for two sodas. But I’ll let you watch the tapes and decide for yourself. I understand the difficulties officers face every day and I commend almost all of them for their work.
Oh, Kathleen, you keep repeating 2 sodas, which is simply not what happened in the alcohol aisle at Raley’s. The dozen or so officers seen on the tapes didn’t come until it was apparent this wasn’t a simple detain and take into custody because of Jacob’s refusal to cooperate. I have read the updated policy document from that time period, and policy required a senior officer…a Sargent in this instance, I believe, and others responded as well. I haven’t read as much as you have, but I have viewed the videos, and could see part of the response was the fire department paramedics and ambulance. Because everything was happening on a busy Sunol Blvd, traffic control was needed. All these things worked together to necessitate a larger and more visible response.
So what you keep portraying inaccurately as a dozen officers for two sodas is just not reality.
@ Keeknlinda
What is your understanding of what happened in the alcohol aisle?
and please state your source
Here are the decisions made by the judge: https://cases.justia.com/federal/district-courts/california/candce/3:2019cv04593/345947/98/0.pdf?ts=1622709085
It is lengthy. Nowhere does it say a complaint was filed by Raleys.
I am temporarily closing this thread because the comments are going off topic and a bit toxic.