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Pleasanton police release officers' body-cam video of Bauer arrest

Original post made on Apr 6, 2020

Body-worn camera video from responding officers involved in the 2018 arrest of 38-year-old Jacob Bauer has been provided by the Pleasanton Weekly by the Pleasanton Police Department in response to a Public Records Act request.

Read the full story here Web Link posted Monday, April 6, 2020, 7:07 PM

Comments (58)

78 people like this
Posted by Anonymous
a resident of Another Pleasanton neighborhood
on Apr 6, 2020 at 11:10 pm

I'm sure this article will result in many more discussions as previous articles did. I must say, after watching the three videos, it appears the officers were professional and handled this situation very well. The video answers many accusations regarding claims the police were remiss in their duties. Although I don't remember all of them, a few that stuck with me are easily refuted by the video footage.

Several prior posts on here suggests the officers did not follow their crisis training. I completely disagree with that. These officers DID de-escalate. They spoke calmly to Mr. Bauer and only attempted to detain him in handcuffs for their investigation after there were several obvious red flags. Their force (which was understandably scrutinized) did not happen right off the bat and only after it was apparent their de-escalation was ineffective. Let's remember the toxicology results indicated Mr. Bauer was under the influence of a drug known to provide super human strength. With what we saw on the video, I think the officers would have been neglectful of their duties if they simply walked away to difuse the situation as several posters on here had suggested.

It's clear from the video that Pleasanton employs very professional officers. It appears they followed their training, intuitions, and gave Mr. Bauer numerous opportunities to comply. If I was in their shoes, I don't think I could do better.

Like I said in my last response to a previous article, I don't think the officers are to blame here. This video affirms they were placed in a difficult situation and acted appropriately. While this was a sad incident for all involved, the outcome could have been different had Mr. Bauer cooperated, not been under the influence of an illegal drug, and obtained mental health/substance abuse assistance prior to this.


22 people like this
Posted by wow
a resident of Another Pleasanton neighborhood
on Apr 7, 2020 at 7:37 am

At what point did the officers tell him he was under arrest. At what point did they tell him what they were doing when he calmly asked them why they are grabbing him. at what point did they feel they needed to handcuff and re-strain him and for what. The video shows the officers escalating the situation by grabbing and handcuffing him for it appears no reason. Have the police stated why then needed to handcuff him it appears on the video prior to that that he is cooperating. Then they try to handcuff him as he asks why. Seams reasonable to me. The video shows the officers escalating the situation that is what i see in the video. I man died. He was accused of breaking items in a store and he lost his life for that. I dont think the officers handled it very well thats my opinion from watching all three videos.
if your gonna put handcuffs on someone you might want to tell them why.


66 people like this
Posted by Really wow?
a resident of Vintage Hills
on Apr 7, 2020 at 8:39 am

That was the dumbest thing I have ever heard. He was told he was going to be detained after the officers noted that there was something wrong with the man. Two officers and they aren’t sure what is wrong with the gentleman or what was going to happen, they detain for their safety. All it took was a little cooperation and he would have been fine. I’d love to see your reaction in the line of duty when your unsure of your safety.


14 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 7, 2020 at 10:32 am

Deceptive headline & reporting...

Pleasanton police release officers' body-cam video of Bauer ARREST

Based upon information received upto this time, Jacob Bauer was NEVER placed under arrest (nor has there been any mentioned that he was being detained).

If he was placed under arrest, what were the charges?

Could not have been for vandalism (a misdemeanor). PPD was not present while Jacob Bauer was in Raley's.


14 people like this
Posted by Bryant Annenberg
a resident of Another Pleasanton neighborhood
on Apr 7, 2020 at 10:33 am

@ rEALLY wow ?

Where did you get the information that he was being detained (Big difference from being arrested)?

Please name the source.

Bry


14 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 7, 2020 at 10:36 am

@ Anonymous

"influence of a drug known to provide super human strength."

Please name your source.

This statement has been routinely dismissed.

Nothing more than an "urban myth" perpetuated by law enforcement to justify their actions.


15 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 7, 2020 at 10:44 am

The only thing this video shows is 2 people beating the life out of somebody, for no apparent reason from the start.

While Jacob Bauer struggled, putting one hand beneath his body (rendering it useless in a fight), there is no doubt that the 2 police were "winning" this fight from the start.

So much for the argument of "super-human" strength.

BTW, how did PPD know that Jacob Bauer was ripped on Meth, and possessed "Super-Human" strength at the time? (and that they were in danger?).

It was only after the coroner release the tox reports that stated Jacob Bauer had meth in his system.


17 people like this
Posted by @BryantAnenborg
a resident of Ruby Hill
on Apr 7, 2020 at 10:50 am

"where to did you get the information he was being detained, name the source?"

t's in the video. The officer tells him at 4:40 of the video, "calm down you are just going to be detained" - this was after he said the other officer, "let's detain him".

The decision to detain came right after the officer asked him "do you have anything illegal on you bud?" and he goes totally silent , no longer conversing or making eye contact with the officers - just staring straight ahead.


30 people like this
Posted by Skip webb
a resident of Castlewood
on Apr 7, 2020 at 10:52 am

Get over it, HE GONE —METH in his system—HE GOT WHAT HE DESERVED


22 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 7, 2020 at 12:02 pm

Skip, giving way to letting the police be judge, jury, and executioners. Clearly heartless.


46 people like this
Posted by Carl
a resident of Stoneridge
on Apr 7, 2020 at 12:50 pm

What would have been the outcome if Bauer had just done what was asked of him by the officers????
Before it is asked again, yes the officers had probable cause to detain based on their conversations with the witnesses in front of Raley's. They were told that a crime had taken place inside the store.
When a taser has no effect on a person and it takes 3-4 officers to subdue one man, that is a clue that they may be on some sort of drugs.
Not sure where Bauer's "mental" issues are clearly evident in the video.

@ Kathleen; "giving way to letting the police be judge, jury, and executioners"
Really?? I think you are being a bit over dramatic on that statement. You obviously can't see that this whole thing could have been avoided by simple compliance to a lawful order by Bauer.


19 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 7, 2020 at 1:02 pm

Carl, read up on mental illness, self medicating, and ability to comply. There’s much to find from any source you deem relevant. I was dramatic because Skip was, as I said, heartless. There is a family grieving . . . Still.


51 people like this
Posted by Carl
a resident of Stoneridge
on Apr 7, 2020 at 1:29 pm

I still come back to my point of what would have been the outcome if Bauer had complied with the officers requests?? My bet is that by now he would be back to whatever he was doing before he vandalized the store.

It appears to me that Bauer has a completely coherent conversation with the officers until they ask him a question that he doesn't like and he refuses to cooperate any further. It is at that point the officers decide to detain him based on probable cause and all hell breaks loose. What do you think happens if the officers stop struggling with Bauer? Do you think Bauer changes his tune and says "OK, you can handcuff me now or is it more likely that he attempts to flee where innocent people could be endangered? My bet is he flees and the chase is on and all bets are off on the outcome.

I agree this is not the outcome anyone wanted but I go back to my opening sentence "what would have been the outcome if Bauer had complied with the officers requests??"


15 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 7, 2020 at 1:52 pm

Ok, Carl, so you aren’t going to read anything? The answer to your question is when you have a mental illness and you are being stressed and feel under attack and you fear you are going to die (Jacob does say that), you cannot comply. Simple flight or flight would tell you that.

People can’t have it both ways: he was coherent, but he died from a drug overdose? He complied, but things took a turn when he didn’t comply. He was resisting arrest (for what probable cause please?) because he is in pain from being tased like Luke Skywalker getting zapped by Emperor Palpatine (yes, purposefully dramatic). I used that comparison because all the power was in the hands of the police, including the power to de-escalate.

This article does not repeat the attempts the family made by repeatedly contacting the police seeking assistance and trying to let them know about their son (and all the while trying to find additional assistance elsewhere), information that never went to the officers. So what would the outcome have been if the officers had the information about Jacob?


42 people like this
Posted by Carl
a resident of Stoneridge
on Apr 7, 2020 at 2:37 pm

You're right Kathleen, I'm not going to read anything. I've sat thru many a class and there are as many varying opinions as there are people giving them.

I don't know your background but I bet you have never dealt with a mentally challenged person under stressful situations. You only deal in theory and not reality. I have walked the walk and until you have walked it I don't respect your theories on how to police. Your solution is for the police to "de-escalate" and let the perpetrator walk so there is never a confrontation. Yes, the power lies with the police officer. Do you suggest that the perp have the power?

I explained that the police had probable cause to either detain or arrest Bauer based on their conversations with witnesses in front of Raley's at the very beginning of the tape.

You never answered my question of what would have been the outcome if Bauer had complied with the officers requests? Or is your answer that he doesn't have to because he was having a mental episode.

WE WILL NEVER AGREE, SO LETS AGREE TO DISAGREE AND LET IT GO.


14 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 7, 2020 at 3:47 pm

Without all the angry caps, I did answer your question.

The key point is, had the officers on the scene been provided information about Jacob, and had the law been written to help the parents of this adult son, this would have had a different outcome.

That you will not educate yourself says much more about you.

Agree to disagree.


29 people like this
Posted by Carl
a resident of Stoneridge
on Apr 7, 2020 at 4:23 pm

They were not angry caps, they were attention getting caps.

If they knew about Jacob and if the law had been written differently. Well they didn't and it wasn't. So change it and stop blaming everyone else but the one guy who didn't do as he was asked.

What part of taking classes on the subject do you not get??




14 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 7, 2020 at 4:55 pm

The part where despite the classes, understanding that compliance should not be the standard in these cases.


21 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 7, 2020 at 4:58 pm

If there is blame, it is the system that doesn’t see the problem. Creating change takes **people** standing up and saying: this wasn’t right; this should never happen again; let’s fix it and now.


14 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 7, 2020 at 6:32 pm

@Carl

you are asking the wrong question.

The question which should be asked is:

"If the 2 responding Officers had deployed their CIT (Crisis Intervention Training), would Jacob Bauer still be alive?

PPD as well as the City Council boasts of the fact that the PPD is one of the best trained forces in the State to deal with a person in crisis. The City has spent close to $1MM to train EVERY employee of the PPD...from the Chief down to the dispatchers.

The purpose of this training was to prepare ALL to handle a situation which was precisely presented to them on August 1st, 2018.

This topic is also EXTENSIVELY covered in the PPD policy manual (21st Century Policing)

When the opportunity arose for the PPD to deploy their training in a real situation...they failed miserably.

The follow up question EVERY member of this community should be asking is “How could one of the most trained Police departments in the State of California fail so miserably”
Carl…if you will not read the material which KR has suggested, I encourage you to read the DA report.

Caps for emphasis





33 people like this
Posted by Carl
a resident of Stoneridge
on Apr 7, 2020 at 7:11 pm

No, I'm asking the right question, it's just not the one you have an answer for.

DA said they used reasonable force to detain Bauer. Primary cause of death was his own ingestion of a toxic amount of methamphetamine, and not from the officers’ use-of-force tactics that included restraints, a leg wrap and two jolts from a Taser.

What are your qualifications to teach police tactics? As far as a criminal matter I can think this case is closed.


14 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 7, 2020 at 7:33 pm

Yes, the DA gave a pass, as expected, on criminal charges. That doesn’t mean PPD is not liable.

And as I expected, you are now saying it was the meth. I pointed out the irony of this juxtaposed to your other argument.

Your question was answered; you don’t like the answer—compliance **is not** the standard in de-escalation.


30 people like this
Posted by Carl
a resident of Stoneridge
on Apr 7, 2020 at 7:52 pm

I was told to read the DA report and it said that meth intoxication was the primary cause of death. I'm not saying it, the DA said it!! It's in the report!!

Your answer is not an answer to my question about doing as asked. If Bauer had complied with the officers instructions he would be alive today. Really pretty simple. Under your reasoning if someone says that they are having a metal episode of some sort it excuses them from from being in the wrong. I happen to not think that way.

I'll ask you the same question I asked Bryant, what are your qualifications to teach police enforcement tactics? You read a book? You have a degree in police science? You have personally been in these type of situations?


12 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 7, 2020 at 8:39 pm

@Carl, @ KR

Glad you read the DA report.

Actually, the DA did not say Meth was the cause of death. That information was from the Alameda County Coroner, and appears to be the subject of debate. My monies on Dr. Cyril Wecht, one of the top pathologists in the world.

What the DA report states is that DA Nancy O'Malley has decided at this time not to press charges due to the opinion that she could not get 12 jurors voting in favor of a conviction.

While newspapers & media are all too quick to publish the headline..."officers cleared in death", nothing is farther from the truth.

The truth is that DAs (throughout the country) do not believe they can get a conviction, so they don't press charges. Regrettably, the public believes the headline.

PPD Officers Middleton & Chin should not rest easy knowing that murder has no statute of limitations.

DA O'Malley almost lost her elected seat during the last election.

New DA...maybe a different attitude toward Police Brutality.

And Carl. YES...I have personally been in these situations.


12 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 7, 2020 at 8:49 pm

@ Carl


Once again...from the DA report.


Jacob Bauer was asked to stop walking by Middleton & Chin.

Which he did.

Middleton & Chin then asked his name and address...


Which he provided.....


Then Middleton & Chin then "flanked him"....

Then asked "do you have anything illegal?"...


Which Jacob Bauer did not respond (A right afforded him by the constitution of the USA, specifically Bill of Rights 5th amendment)


Then Middleton & Chin proceed to attack Jacob Bauer with a leg-sweep, and beat him to death.

BTW...there's that pesky little detail of why the Alameda County Coroner was at the scene...if Jacob Bauer died at the hospital.

So you have the answer to your question...Jacob Bauer complied with ALL the requests...and ended up dead.


20 people like this
Posted by [email protected]
a resident of Stoneridge
on Apr 7, 2020 at 9:02 pm

OK, you win!

Oh by the way, he didn't comply with the last request.


12 people like this
Posted by Resident001
a resident of Birdland
on Apr 7, 2020 at 9:35 pm

Law enforcement in this country is waaay over reaching. Check out 1st Amendment Audits on YouTube it’s eye opening stuff.


24 people like this
Posted by justwondering
a resident of Another Pleasanton neighborhood
on Apr 7, 2020 at 10:00 pm

I watched the entire video. I didn't see any of the officers beat Jacob Bauer. I also didn't see the coroner. Could one of you making these statements please post the time in the video where (1) officers are beating him and (2) where the coroner arrives on the scene? My eye sight isn't what it used to be. thanks


13 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 8, 2020 at 8:04 am

Based on my Public Records Act request to the City Attorney, there are more than 80 hours of tapes regarding this incident. The city wanted $3,000 for a copy of those tapes (includes interviews). I asked for clarification of the cost, for justification by government code for any redactions, and for specific parts of the tapes. I have not received an answer. I don’t think the PW has all 80 hours.


27 people like this
Posted by Gina Channell, Publisher
a resident of Downtown
on Apr 8, 2020 at 10:04 am

@Kathleen, No, that's not the entire 80 hours. However, the clips together show the entire incident from the time of the call (when the Raley's employees said they wanted to press charges, meaning Bauer needed to be arrested) to the time the paramedics said Bauer had "coded" in the ambulance. (Coroner was never on scene.) None are edited for duration, only privacy.

The only time a baton was used was to try to pry Bauer's arm from underneath him so he could be handcuffed. Bauer was tased several times though. It looks like the officers wanted him handcuffed because they were not sure whether he had a weapon in his pockets / pants; he kept trying to put his hands in his pockets. (Early in one of the vids one of the officers asked if he had any weapons and he didn't respond and later Bauer was asked to keep his hands out of his pockets.) That might have been the reason they wanted to get him handcuffed.



43 people like this
Posted by Jake Waters
a resident of Birdland
on Apr 8, 2020 at 10:23 am

First, I wasn’t there and I only know the situation based on viewing the video provided. Furthermore, I am not present and within 6 feet of the suspect, so I am not able to view or get a sense of his micro reactions. I do know that the crime, (according to the witness) is vandalism and disturbing the peace, and the witness indicates, apparently by what she observed, by stating: “We are scared of his actions, he’s going to hurt somebody.“

So, I’m presuming the officers are approaching the suspect, based on their experience and training, that he is either under the influence, mentally ill, angry for some reason, or a combination of the three. The officers appear calm and controlled. The suspect answers all the questions except the last one of “Do you have anything illegal on you?” The suspect doesn’t answer, but appears to stare outward into space.The officer then appears to attempt to gain his attention again by stating “Jacob,” but the suspect continues to be unresponsive. All this is important, and in the back of their mind is the statement from the witness: “We are scared of his actions, he’s going to hurt somebody.” This is not a barricaded suspect, or a jumper. It’s a crime, misdemeanor as it may be, but with the caveat that the suspect has shown the potential to be violent as reported by the witness. The longer they stand their and do nothing, the longer the suspect has to think, prepare, and conjure up scenarios and responses. Not to mention, the suspect is holding his phone in his hand. The officers have no idea what he could have in his pockets or elsewhere on his body because they didn’t initiate a cursory search, which they did have the right to perform. And had they performed that cursory search, I imagine it would have ended the same way.

Continuing, the officer’s hand gesture to his partner appears to me that he is signaling the intention to arrest by placing handcuffs on him. The moment they arrived he was technically under detention, because I’m sure the suspect was not allowed to leave at that moment. The officer is not under any obligation to explain to the suspect that he is under arrest and telegraph his moves. The suspect is obligated to respond to the officers actions. Swift and sure actions are important at this decision.

These officers, based on what I viewed, used force necessary to initiate an arrest. They used a taser which was ineffective, and would lend them to believe he may be under the influence of drugs. The suspects actions actually depicted similar actions of someone under PCP. Additionally, the officers never used their batons or punched the suspect during his resistance. They actually spoke to him with calm commands under the circumstances.

This is a tragedy on both sides, with no winners.


17 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 8, 2020 at 2:11 pm

Thank you Jake for being thoughtful. Jacob turns blue and repeatedly says he can't breathe. And an officer, certainly calm himself, tells Jacob to be calm and he will feel better. An officer says to secure the scene because Jacob is coding (not breathing and/or has no pulse)? The officer says to get all the cell phone cell phone videos. It takes some time before there is an attempt to help Jacob. Yes, it is a tragedy; more so for a young man who knew he was dying and whose parents had to be told, at the scene, and yes, by the coroner, their son had died.


57 people like this
Posted by Just the facts
a resident of Another Pleasanton neighborhood
on Apr 8, 2020 at 3:30 pm

Bryant Annenburg and other police detractors, it is truly disheartening to see some of the irresponsible statements you and others have made regarding this incident. This was a tragic ending no doubt, a man lost his life! Pleasanton Police Officers do not go out each day to take people’s lives; there are countless incidents where they save people’s lives, which unfortunately don’t often get publicized. To state this is “Deceptive headline and reporting” is ridiculous! The police department obviously released the video to be transparent and to reassure the community they are doing the right thing, even if you can’t see it.

Watch the video again if you must. Officers arrive on scene and are told by the three store employees that Bauer was in the store breaking items and pouring liquids on the floor. YES, Vandalism, a misdemeanor. If you listen, they also state Bauer is “either crazy or on something.” Middleton asks the employee if they want to press charges and he replied “yeah, it’s not much but…” So, even though the officers did not witness the misdemeanor crime, the store employee can make a citizen’s arrest. As such they have every right to detain Bauer while investigating the crime. They can also handcuff him for their safety as well as others while waiting for the employee to identify Bauer as the person responsible for the criminal act.

Officers Chin and Middleton contact Bauer and ask him to stop, which he does. While trying to determine what has occurred, they ask Bauer if he has anything illegal on him. He displays a catatonic state and refuses to reply to their question. Officers are trained to recognize signs and symptoms of individuals under the influence of drugs. Additionally, they were told by store employees, who are not trained in drug influence but can observe erratic and abnormal behavior, that they believed Bauer was under the influence of something. They also stated they were scared of his actions and felt he is “gonna hurt somebody.” The officers note upon contacting him, that Bauer is sweating heavily. He is fidgety and then goes into a catatonic state. Research Methamphetamine Psychosis and Excited Delirium and you will get answers. You ask for citations regarding super-human strength, there you go. This is a documented phenomenon related to drug abuse, including methamphetamine.

Chin and Middleton decide to detain Bauer, which they tell him when they begin to handcuff him. He resists them and refuses to be handcuffed, which is also a crime -148 of the California Penal Code, a misdemeanor and an arrestable offense. Bauer was told numerous times to stop resisting and ultimately is taken to the ground by a leg sweep, where he continues to fight officers attempts to handcuff him. Additional officers are called to the scene and Bauer continues to fight being handcuffed while clawing and scratching at the officers. This is not normal strength or behavior which is clear to most. You state the video depicts “two people beating the life out of somebody, for no apparent reason.” That is the most ridiculous statement anyone could make. The officers are never seen striking Bauer and use the Taser, which is designed to take away voluntary muscle control and overcome the resistance of most people. It is actually used as a less forceful way to overcome resistance. Unfortunately, it does not always work on individuals under the influence of drugs. The only use of the baton by the officers, is as Gina has already cited, to pry his arm out from under him to put the handcuffs on. Additionally, your statement regarding Officers Chin and Middleton “should not rest easy knowing that murder has no statue of limitations” is irresponsible, reckless and plain ignorant and you should be ashamed of yourself!

Crisis Intervention Training gives officers an understanding and suggestions on how to more appropriately deal with people who suffer from mental illness. It does not identify people who have mental illness, it does not discern who is suffering from mental illness versus who is under the influence of drugs and is certainly not a magic spell that eliminates all unfortunate situations related to police contact and these type of circumstances.

Police officers have a very difficult job and not everyone can do it. They place their own lives on the line every day to protect the lives and property of the city they work for. It is responsible to monitor their behavior and assure they are doing the right things, for the right reasons, within the parameters of the law. The officers involved in this situation did everything right! Bauer committed a crime, Bauer was under the influence of drugs and Bauer refused to comply with the officers repeated requests to stop resisting and comply with their handcuffing him, which they were entitled to do. Had he complied with their requests, he might be alive today to tell about the incident, but unfortunately, he did not. My prayers go out to his family, who are left to deal with the loss of their loved one.

Bryant Annenburg you claim to be well educated and verse on the pieces of this incident, yet you don’t understand citizen’s arrest and confused ambulance and ambulance personnel with the coroner. Medical personnel were on scene to transport Bauer, provide medical attention to him and provide clearance for him to be incarcerated should that become the case. Because the Taser was utilized, the police would have him seen by medical personnel. Additionally, he was displaying erratic behavior consistent with drug influence and would possibly be seen based upon that as well. Don’t make rash judgments or reckless statements when you don’t have the facts.

Kathleen Ruegsegger, you live in a fantasy world where you believe the police should be armed with net guns or should just walk away from an individual who may cause harm to themselves or others, even though they have committed a crime. They are not required to back down and sometimes it is not feasible to do so. There are instances where they deal with individuals who are suffering from mental illness and they do walk away. We are not informed of these circumstances for obvious reasons. Don’t be so quick to judge and look at the facts of an incident. The police and government are not conspiring to violate people’s rights and take lives. Please look into what it takes to be an officer, what their commitment to our community is and how valuable it is to have them. What would society look like without these valuable public servants.


39 people like this
Posted by skip webb
a resident of Castlewood
on Apr 8, 2020 at 3:48 pm

Thanks for the previous post which said it all and should end this conversation but we have a couple dingbats that must have the last word and still have to weigh in again.. Stay tuned!


39 people like this
Posted by Carl
a resident of Stoneridge
on Apr 8, 2020 at 3:59 pm

@Just the facts; I said no more comments on this thread but then I read your response, you nailed it!! Great job!! I didn't have the patience to write out what you did since I figured it would fall on deaf ears. Bryant and Kathleen have their minds made up and will not buy into anything you said. Facts are a very stubborn thing, they never change. In lieu of believing the facts presented some people want to ignore them or make up alternative facts, like the corner was at the scene when he wasn't within 30 miles of it.

Yes, it is a sad situation for all involved.


11 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 8, 2020 at 4:52 pm

JtF, while not on the tapes the PW received, the coroner was at the scene. Apparently he had to be as part of the investigation of the death of a citizen. The parents also were there and learned of the death from the coroner. I would not say that if it weren't true. Remember, there are 80+ hours of tapes.

You do not address Jacob's situation or what he was telling the officers. At that point, perhaps, he could have been saved. Something was restraining his ability to breathe. He says so.

I am not against the police. I have pointed out the family tried to get the information to police so they could identify their son and understand his situation and maybe how to have handled him. To no avail. That is not the fault of the responding officers. Calls to the police from their home were hampered by law that limits what the police could do. It was not because the police didn't want to help.

The key point is this death could have been avoided if the system was different. That is fact.

So Skip and Carl, I'll stay tuned for your comments.


14 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 8, 2020 at 5:03 pm

@Gina...

You may want to send your investigative reporter out to visit the Alameda Cty Sheriff.

Ahern may not have been there himself, but his staff WAS a the scene.

Those dam pesky little facts.


12 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 8, 2020 at 5:43 pm

Acting strange and erratic is not a crime.

The DA report states that Jacob Bauer was followed by 2 Raley’s employees for approximately 20 minutes.

During that 20min, no mention is made by the DA that he threatened anyone, approached anyone, or even talked to anyone.

Seems like the Raley’s employees handled the situation better then the Chin & Middleton.

One style of Policing is “Control and compliance” (using any force necessary) when dealing with a suspect. One that I personally do not agree with (that any force necessary really bothers me)

The regrettable thing about this tragedy is that Middleton & Chin had achieved control & compliance.
Certainly, when they were 25feet away, and it can be argued even when the flanked Jacob Bauer.

What then happens, by actions of Middleton & Chin, they lost control & compliance, and reverted to using any force necessary to regain control & compliance.

The questions which should be asked are:

Why did Middleton & Chin take further actions when they had established control & compliance?
Why didn’t they wait for additional PPD staff to arrive?
Why didn’t they call the Alameda County Behavioral health Crisis Team. They have an office next to the DMV and could have dispatched an expert on Mental Illness/substance abuse quickly. Jacob Bauer didn’t run, in fact, didn’t move. As described, “standing still staring catatonically out into space.”

By all appearances, Middleton & Chin had all the time in the world, and numerous options at their disposal while standing 20+ feet away from Jacob Bauer.

But either, bad judgement, bad training, attitude, culture or whatever, Middleton and Chin chose to unnecessary escalate the situation by “closing – in” on Jacob Bauer.

Then when things don’t go as they expected, they say it was drugs that killed him.
TOD was 4:15 PM. I am sure that Jacob Bauer, at 4:15 PM on 8-1-2018 would have still been staring catatonically out into space if it was not for the actions of Middleton & Chin.

Middleton & Chin are nothing more than 2 “rouge” , “cowboy-cops” who have probably had too much swat training.

More Questions:
are Middleton & Chin still employed by the PPD?
Were they place on administrative leave?
Were they disciplined?

These 2 rogue cops I hope are not indicative of the PPD.

Its been reported that the family had multiply encounters with PPD. I am sure at the end of each encounter Jacob Bauer was alive and well.

City of Pleasanton has MANY questions to answer for this tragedy, which by all indications, could have been entirely avoided (i.e. an outcome other than a death over maybe $25 worth of supermarket product).

@Skip Webb
accountability should apply to all.


11 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 8, 2020 at 5:48 pm

@KR

Nice work finding out that more than 80 hours of video exists!
One needs to question why the City only released a small fraction of that video to the PW.

So for all those (including me)who are pontificating their opinions. We have only been provided a very small fraction of the whole incident.

We shouldn't be jumping to conclusions yet.


11 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 8, 2020 at 5:52 pm

oops

misread the DA report.

Middleton & Chin actually gained control & compliance when they were 25 YARDS away.

I said feet in earlier post.


42 people like this
Posted by chris sanchez
a resident of Vineyard Avenue
on Apr 8, 2020 at 9:09 pm

I enjoyed reading the many comments on this topic, in particular I must commend "Jake Waters" and "just the facts" for explaining many points that Ms. Ruegsegger and Mr. Annenberg do not fully understand. I don't blame these two, use of force is a complex topic both in theory and application, and it often doesn't "look" the way we would expect. it also has outcomes and consequences that are not intended, despite the best training and application of technique.

I think most points have been addressed, however I have a couple of issues for consideration:
Police officers are human beings tasked with an almost at times impossible job. In this instance they had every legal right to detain and investigate this situation. They do not have the luxury to ignore this mans behavior or allow the situation to go unaddressed. I am sure that both of you would scream quite loudly for justice against the police, if they let this man walk away and he assaulted you or one of your family members.

If you take issue with the physicality of the detention, or the dialogue used, then perhaps you should put on a badge and gun see what you can do better. A degree in Psychology and infinite hours of crisis intervention, does not guarantee that bad things cannot happen. There's a lot of mythology present in pseudo-intellectual circles that the right words and actions by the police lead only to polite and peaceful outcomes when dealing with people, guess what, the truth is they don't.

There is a randomness to these events that is not under the control of the police, or especially the arm chair critics and cannot be. I would suggest that Ms. Ruegsegger and Mr. Annenberg, attend the citizen's police academy and or go on some ride-a-longs, it might help you understand.


33 people like this
Posted by Jake Waters
a resident of Birdland
on Apr 8, 2020 at 10:44 pm

Bravo Chris.

@Kathleen: The suspect was chanting a mantra the entire time when the officers where working through the process of overcoming his resistance. When you’re talking, you’re breathing.

Secondly to Kathleen and Bryant: You both have had hours, days, and months (up to a year and a half) to ponder over reports and hours of video while sitting safely in your house to arrive at what you think the officers should have done. Officers Middleton and Chin had minutes when in contact with the suspect to make a decision regarding what the suspect did according to the witnesses, and the behavior and demeanor of Jacobs. Are you suggesting that police officers call in a ‘clinic’ of mental health personnel every time they confront a suspect that behaves asymmetric to what you believe is normal?

Lastly, I argue whether you have compliance and control at 25 yards away. In conclusion, I am encouraged and happy that the officers have been cleared and will be working the streets again.


14 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 8, 2020 at 10:51 pm

The protocol is time and distance. Nice that there are suggestions about what I should do, but why not a discussion of what the officers could have done differently; why not a discussion of where the system and the laws failed; why not concern that the pleas of a man struggling to breathe are not believed; and why not a discussion of what can and should be changed to stop these events from happening. A person has died and some appear to okay with it. I am not. Not with Deming, not with Estill, and now not with Bauer.


12 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 9, 2020 at 6:47 am

Most posters on this thread think that the police did nothing wrong, and have an attitude, like our current Mayor has stated “Everything is fine with PPD, no oversight is necessary” (2016 Mayoral debate).

Well, at least @KR, me, and I hope others do NOT believe everything is fine. In less than 5 years, 3 people in a state of crisis have ended up dead at the end of an encounter with PPD.

Been here many, many years…can’t remember this outcome ever happening in Pleasanton before the Deming Jr. incident.

I know that SF, Oakland, and Berkeley have programs in place for this exact situation. And they have been successful.

Why not Pleasanton?
Why not even start the discussion?
Why not implement Civilian Oversight by our elected officials (City Council). Is that too much to ask as a first step?

I just hope that the half-dozen posters who are praising the Police in this thread are not a true reflection of the values of Pleasanton.


30 people like this
Posted by justwondering
a resident of Another Pleasanton neighborhood
on Apr 9, 2020 at 7:17 am

Bryant, you stated Middleton and Chin beat him to death. As I stated above, I watched the entire video and didn't see any officer hit him let alone beat him. I asked you to provide the time at which this was occuring. So far, crickets because its not there. A number of statements have been made in this thread that the video doesn't show. This is why I think its hard to support a citizen's oversight commission of the police when you could have people that the facts don't matter sitting on it. Bryant, you and others on this thread make the point well.


15 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 9, 2020 at 8:33 am

justwondering, “A number of statements have been made in this thread that the video doesn’t show.” There are 80 hours of video. The part with the coroner is not what the PW has here. Easy enough to find out; call them. It seems people are ignoring the fact that Bauer repeatedly states he cannot breathe, and by the time anyone decides he is telling the truth, an officer is saying he is coding and to secure the scene.

As to oversight of PPD, at this point, the City Council, our representatives overseeing everything this city should or should not be doing as we elected them to do, do not receive reports about our police department. If you file a complaint (a daunting task when you think about going to the police to complain about the police), it is reviewed by the PPD and ultimately ends with the Chief. Our mayor believed there were no such complaints because he has never been told, and in that year there were 10. I don’t agree that the City Council should be the overseers, but I do believe they should receive regular reports about all police actions, and particularly about complaints and their resolutions. However, there are experts, outside consultants—often former police officers—who provide independent oversight. After three deaths in our community, we need reporting to go to the council level, and we need independent oversight. The fact is, the PPD has all the power, all the weapons (including an armored vehicle), and they are overseeing themselves.


27 people like this
Posted by justwondering
a resident of Another Pleasanton neighborhood
on Apr 9, 2020 at 9:59 am

Kathleen, were you actually present at the scene or are you relying on what someone told you who may have come onto the scene afterwards? Since you don't comment on the statement beating him to death, I take that as acknowledgement the officers never hit or beat Jacob.

I went back and watched the video again. I only hear him say once that he was suffocating, not that he couldn't breathe. Perhaps I missed it--could you provide the time on the video where that occured. I didn't hear anyone say to call the coroner or that he was coding--could you provide the time on the video where this occurs. The coroner wasn't present up until he was taken to the ambulance that i saw.

Bringing in outside consultants for oversight is different from a citzens oversight panel. All it takes is a Mayor who doesn't like the police to appoint anti-law enforcement people and then we have a situation like in Oakland.


35 people like this
Posted by Carl
a resident of Stoneridge
on Apr 9, 2020 at 10:06 am

@Just wondering and Jake
You are wasting your time trying to reason with Bryant and Kathleen. They live in in a fairy-tail world and are not rooted in what life is really like on the streets. It appears they have both reads books on police tactics and have a complete understanding of how the human element plays into any contact between people. They will not ever agree with anything you say (you can't possibly be right) and Kathleen will ALWAYS get in the last word (the Caps are for emphasis and not anger caps).

Stay healthy and have a great day.


11 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 9, 2020 at 10:26 am

Apologies to all.

I state PPD beat Jacob Bauer to death.

I should have stated PPD tortured him to death.

Cut & pasted from UN definition of torture:

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.


12 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 9, 2020 at 11:17 am

The mayor should not appoint oversight. That should be a council decision. There are models that don’t look like Oakland. If it was a commission, I would prefer knowledgeable people, retired police or lawyers perhaps. I could see one citizen for that perspective, but certainly not a panel of just citizens.

I never said Jacob was beaten. The coroner portion is not on the video provided here. As to saying you are suffocating, does that take more than once?

Carl, I see Dan and PP and Grumpy and others end discussions all the time. Depends on the topic.


19 people like this
Posted by Carl
a resident of Stoneridge
on Apr 9, 2020 at 11:36 am

Kathleen,
Let me ask a question; were you on scene and witnessed this incident or any part of it at any time? What importance is it to the case that the coroner was on scene or not? I'm not sure what difference it makes. We know that the coroner did not take the body from the scene, it was taken by the paramedics to the hospital where Bauer was declared deceased. At that time the coroner would have been notified and responded to claim the body. Now, if you are claiming that the SO (Sheriff's Office) came out to the scene long after the struggle took place that is most likely true since they have a detail assigned to the coroners office that conducts investigations of officer involved incidents that result in a death. Standard procedure.

OK, I'm done. You can have the last word.


12 people like this
Posted by Bryant Annenberg
a resident of Downtown
on Apr 9, 2020 at 11:46 am

@Carl

You're correct...not budging on my positions stated.

so as @KR has suggest, let's take this discussion to the City Council.

Follows is my letter I've just sent. I hope you follow up and do the same.

In that arena, you (and others) can make your case as to why independent oversight of the Pleasanton Police is not needed, and I'll be there to make my case as to why it should.

The vote will be taken....and I'll respect the result.

Ball's in your court...
------------------------------
Members of the City Council:
Currently, the Police Department is overseen by the City Manager. Pleasanton advertises that its Police Department has civilian oversight.

While in the strictest interpretation, this is true.

However, one can argue that this type of oversight is not in the spirit of the 21st Century Policing Guidelines issued by the Federal Government.

I believe that independent oversight of the Pleasanton Police department is needed, and am requesting that this subject be added to a future agenda (by any Councilmember through your “items initiated power”) for a Staff report, and Public Discussion.

This would be in the form of a resolution, with your vote recorded.

Very simply, the question is:

Do you approve of (the establishment) an independent oversight of the Pleasanton Police Department?

Bryant Annenberg


21 people like this
Posted by Jake Waters
a resident of Birdland
on Apr 9, 2020 at 12:26 pm

@Carl: I understand and agree with you, but I will make this last comment and stop. I promise.

@Kathleen said after my last east comment: “The protocol is time and distance. Nice that there are suggestions about what I should do, but why not a discussion of what the officers could have done differently...”

What protocol are you talking about? A barricaded subject or a jumper? The officers were approaching the suspect of a crime who is alleged to exhibited violent behavior and “is going to hurt someone.” This requires contact to assess the situation, and I would be very disappointed in the police if they stood across the street and tried to assess the suspect and have a conversation from there. It’s almost laughable that it would be considered or expected.

What should officer Middleton and Officer Chin have done differently? Well, I guess for your satisfaction they should have chosen another career or, once receiving the call, just got back in their car and drove away. I am grateful they became officers, and I am appreciative that they handled the call. They did their job, as unpleasant and unsupportive it may be at times. Part of the responsibility of wearing the badge.

The city counsel doesn’t need to make this complicated. The Department does a fine job policing itself. Oakland and Berkeley are a mess with their citizen oversight. Oakland and Berkeley are the last Departments, and the city as a whole, to be held up as great examples.

I’m going to take @Carls advise and end it here.

Have a great day!


12 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 9, 2020 at 12:58 pm

Carl, distance can be mere feet. There is no conflict as officers initially talk to Jacob.

At 7 minutes he is being tasered and being told to roll over. I’m not sure it’s possible to respond while being tased.
After that there are many officers trying to get him in the wrap; while they are yelling at him to stop resisting, I can’t see that he is moving. By 10 minutes an officer has a knee on his neck/head and is pushing his face into the ground. At 13 minutes it sounded like he says he can’t breathe. At 21 minutes he says he is suffocating. At 28 minutes his face is blue. This video is only of one officer’s perspective. Somewhere in the 80 hours there may be closer perspectives of what other officers are doing and what Jacob is saying. The officer filming is walking away frequently, so you can’t see what is happening.

But let’s back up to around 2 minutes where he identifies himself as Bauer, Jacob, spelling both for the officers. Imagine if these officers—**all** the officers had the information the parents so desperately tried to provide to PPD on multiple occasions. Even if it was just the person at the department, responding to the officer’s calls for assistance, who had the information and could tell those on the scene. I think the outcome would have been far different.


23 people like this
Posted by chris sanchez
a resident of Vineyard Avenue
on Apr 9, 2020 at 1:26 pm

I am really dismayed that this forum is not one in which we might all learn from each other and put some collective wisdom to good use for the community. I am referring to those comments by persons whose agenda is to look at tragedy and simply provide their respective uniformed opinions. The bias is obvious in the commentary.

For clarification, what is perceived as bias by those trying to explain the police actions and procedures, does NOT mean to suggest that anyone is ok with the death of Bauer, quite the contrary. In my previous comments it was also NOT my intention to tell people what "they should do" (I think referring to "Citizen's Police Academ attendance and or "Ride-a-longs"). it was however and still is, my opinion that people should educate themselves more if they are going to publicly condemn the actions of those they don't seem to understand.

I too am in favor of police oversight, however let me pose a few questions to some of the commentators on this issue and I think it is obvious who those are:

1. Are you aware of the current system of oversight of the police actions in this city? Do you really know the flow of a complaint, who investigates it, the probable dispositions and criteria for resolution and or discipline?

2. Do you know the oversight that was given this incident by the police, coroner, DA's office and its investigators?

3. Have you read all the reports, examined all the evidence, reviewed the interviews, photographs, video etc. Including the statements of the fire and medical personnel, doctors etc?

4. Are you familiar with the toxicology reports and do you understand the various effects of any drugs or substances as may have been found in Bauer's system?

5. Are you familiar with the training of the involved officers? Years of experience? Education? Numbers of arrests they have made?

6. Are you familiar with the department"s arrest policy, tactics they train in? Safety procedures?

7. Have you ever made a physical arrest?

8. How many persons have you dealt with that are under the influence of drugs or have some mental impairment?

9. What is your training in any of the above that gives you insight to judge these officers actions?

Can you answer all these questions, I suspect not, but that's the point. Your perception and conclusions based on the video alone and maybe some anecdotal information is not sufficient to judge these officers at this time, as you have done. Educate yourself more and maybe we can have a serious and productive discussion that might actually do some good for future police encounters.

Remember also that the police go through considerable training and make a sincere effort to resolve these situations with a peaceful result, unfortunately it is usually the very small number of encounters (out of countless ones) that unfold in the public eye in such dramatic fashion.

I noticed that there has been no questions about the state of the officer"s well being, after such a confrontation and lethal result? Does anyone believe for one second that they wanted this outcome? That this was their intention? Have any of you been involved in an action (deliberate or otherwise) that resulted in the death of a human being?

I can tell you who I would NOT want on any type of review board and that is persons with a pre-disposed bias to the police particularly somebody that can judge so harshly based on outcome alone, with so little understanding of the totality. It is this type of opinion, put forth as knowledge and edicts, that is discouraging when reason and understanding are needed.



10 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 9, 2020 at 3:22 pm

1. I have written to city council/mayor. They do not see any reports about PPD. Two never responded; one did not feel there was a need for oversight; one was introspective; one would support. Reports stop at the city manager. Complaints can now be done online and turned in to HR, but the chief is the final reviewer. I would imagine the city manager and city attorney have input, but that is a guess.
2. When I talk about oversight, I am talking about neutral party(ies) reviewing complaints and ensuring that best practices are used, hopefully before and certainly after an incident. It can be a person or panel; I have no preference. But for an incident, yes.
3. Do you understand you can’t do that? I was quoted $3,000 just for the videos. If you have free access or money you don’t need, please share it. I reviewed everything in the John Deming case when someone, apparently, released the DA’s report and interviews in error. And I’ve been talking about my concerns ever since.
4. Yes. So does the independent (expert) coroner, whose conclusions were different. Do you understand mental illness and the propensity to self-medicate? Do you know the effects of long-term use?
5. Specifically, no.
6. Sure. It’s not difficult to find.
7. Ask pertinent questions.
8. More than one.
9. I am not judging the officers. I am critical of a system and current laws that could not / did not provide for the safety of people in crisis.

Did you watch the videos? There are three linked by each officer's name in the full story here.

If you are suggesting that you would never want me on a panel, you can bet I wouldn't apply. I would address a person or panel with my concerns. I cannot watch something like this and not believe we can do better.


16 people like this
Posted by Kathleen Ruegsegger
a resident of Vintage Hills
on Apr 9, 2020 at 4:13 pm

@justwondering, there are three videos. Watch Officer Sarasua's video. At 21 minutes and on the gurney, Jacob appears unresponsive; at 25 minutes someone asks about his vitals; at 27 minutes they indicate he is coding and to secure the scene and to get contact information for all the witnesses; at 28 minutes officers are taping off the scene; at 31 minutes the officer indicates those in the ambulance are still attempting CPR.


22 people like this
Posted by chris sanchez
a resident of Vineyard Avenue
on Apr 9, 2020 at 8:09 pm

Ms. Ruegsegger, I think the answers and non-answers to my previous post confirm what I suspected and I appreciate your time and thoughts. Hopefully you will find the justice you seek through a greater understanding of this incident and the actions of people who must act in the real world, with all its unintended consequences.

Thank you also for the concern and interest you have voiced in the welfare of the police officers involved in this incident.


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