March 17, 2004

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Palo Alto Online

Alleged police confrontation raises racial fears

by Rachel Metz

Allegations that a Caucasian Palo Alto police officer bullied a young African-American middle school student have prompted an investigation that police officials promise will be "thorough and objective."

"I've assigned a lieutenant and a sergeant on it almost full-time," Police Chief Lynne Johnson said Monday. "We are encouraging anybody who saw anything to give us a call if they don't hear about it first -- we need the information."

A 14-year-old Terman Middle School eighth-grader was allegedly roughed up the morning of March 3 by a city police officer who cited the youth for not wearing a helmet while riding a skateboard. Under state law, anyone under 18 must wear a helmet while riding a bike, scooter, skateboard or inline skates.

The incident follows a settlement between the city and African-American resident Albert Hopkins, who sued over a reported civil rights violation by police. On July 13, 2003, two Palo Alto police officers allegedly removed Hopkins from his car and beat him with their fists and clubs. He received $250,000 in his settlement and the officers face felony charges.

Temise Walker, an African-American resident who witnessed the March 3 confrontation, said such occurrences highlight the hidden racial tension that exists in Palo Alto.

"It really frustrated me and I was really angry," she said. "I've lived here all my life and it's sad. I've never seen anything like that."

A resident of the nearby Terman Apartments, Walker said she witnessed the incident while walking her 7-year-old cousin to Juana Briones Elementary School. She said the officer first yelled at the teen to not ride his skateboard on the crosswalk near the campus. Walker said the officer then confronted the youth at another crosswalk, picked the boy up by the arm and lifted him off the ground.

During both encounters, Walker said the boy was not actually riding his skateboard. She added that many kids ride skateboards without helmets and are never stopped.

The March 3 incident was not the first time the teen was stopped for not wearing a helmet. Aram James, who is engaged to the boy's mother, confirmed he was stopped Feb. 13 by the same officer.

The mother, Donette Douglas, earlier filed a complaint against another officer for allegedly intimidating her son. She admitted feeling hurt and disappointed by the most recent incident.

"I'm just hurt that maybe in a way I let him down by not being there to protect him," Douglas said.

Although Douglas said she doesn't want to believe the event was racially motivated, she added that tensions exist between police and local African-Americans. "Personally, I think that the black and brown people that live here in Palo Alto do feel they are treated differently than ... our white brothers and sisters," she said.

The teen stayed home from school for a few days after news of the alleged abuse hit the press and kids at school began to tease him, Douglas said. He was expected back in school this week.

Andrew Pierce, an attorney representing Douglas and her son, said a lawsuit or claim could be filed against the city. "All that hasn't been decided or even evaluated yet," he said.

Legal considerations aside, city officials are greatly concerned about the officer's alleged conduct.

"My first thought was, 'We can't have the police manhandling kids that don't have their helmet on,'" said Lakiba Pittman, chair of the city's Human Relations Commission. "That's a touchy area when you put your hands on a kid. Because I have a son, so that would upset me unless he really did something wrong."

Douglas reportedly attended the commission's meeting last week to discuss the situation. Although the commission is not expected to discuss the case at its next meeting in April, it will invite Johnson for a general discussion concerning racial profiling.

Johnson said she understood community concern over the event, but asked that everyone withhold judgment until all the facts are uncovered.

"I know people are frustrated and expect instantaneous results," said Johnson. She added that officers are subject to protection under a section of the state Penal Code known as the "peace officers' bill of rights," which requires a complete investigation and personal interviews with witnesses.

Johnson said initial press reports of the incident, particularly in the Palo Alto Daily News, have contained several inaccuracies that have complicated the investigation. "They're not honestly reporting what happened or what the situation is," she said.

The officer in question, identified by James as Brad Kilpatrick, has been with the force since 1993. Johnson would not confirm or deny that Kilpatrick was involved in the incident, but did say that the officer is male and is continuing his regular work schedule. Reached at his home on Saturday, Kilpatrick said, "I have no comment at this point in time, thank you."

Rachel Metz can be e-mailed at rmetz@paweekly.com

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