Publication Date: Friday, January 07, 2005
Police again face racial questions
Police again face racial questions
(January 07, 2005) Gunn student wrestled to the ground by officer
by Bill D'Agostino
For the third time in three years, the Palo Alto Police Department is responding to a complaint regarding an officer's treatment of a black suspect.
This time the suspect is a Gunn High School student who allegedly fled from an officer before being arrested and reportedly confessed to burglarizing a home near the school.
A teacher who witnessed the end of the arrest on Tuesday morning accused Officer Dave Lewis of using excessive force while tackling the student to the ground and handcuffing him, according to a police department report.
Other officers investigated the incident and concluded that "the amount of force used to stop the fleeing 6-foot 200-pound suspect was minimal and appropriate," according to the report, which also noted that the student was not injured. "The suspect admitted to knowing he was running from the police because he didn't want to get caught."
The report was made public due to ongoing concerns about the police department's treatment of suspects of color. The report was also e-mailed to City Council members, whose reactions were mixed.
Councilwoman Hillary Freeman didn't comment on the specific incident but said Police Chief Lynne Johnson needed to show more leadership by clearly stating her department's policies and her officers' responsibilities.
"Right now there's a void, a huge gap between what's going on with the police and what the community hears. There's ample opportunity for people to come up with their own conclusions," Freeman said.
The councilwoman argued that if the police chief took that step, she could alleviate a situation ready to intensify. "She has the opportunity right now to stop the escalation."
Meanwhile, Councilman Jack Morton defended the department's actions.
"The individual involved was not white but that doesn't mean there's a racial element," he said. "The question is, 'Would any other persons of another race that was out of school, in proximity to a crime, and refused to stop when asked to do so by a police officer be treated any differently here? ... I think the answer is no."
Chief Johnson took the argument even further, praising her officer's actions.
"It was good police work on the part of Officer Lewis," she said. "There was minimal force and it was totally appropriate."
The student was one of two arrested for stealing both foreign and U.S. coins from a home on nearby Georgia Avenue. The homeowner reported the burglary on Tuesday morning after arriving home and hearing the sound of breaking glass. Officers flooded the area around 9 a.m.
Officer Lewis saw the two boys -- the only people in the area -- while driving near the school on Arastradero Road, according to the report. As he approached to speak with them, they turned and started going toward the school.
"That arouses our suspicion," Detective Kara Apple said. "It's what we call reasonable suspicion."
After yelling for them to stop, Lewis chased them. He caught the slower of the two boys in front of a Gunn classroom where he wrestled him to the ground, the detective said.
"When someone's running from us, we have to take them into custody," Apple explained.
On Wednesday, police officers traveled to the Gunn classroom to speak with the students and teacher who witnessed the event. After learning the details, school administrators felt that concerns about the incident have been "dealt with," according to Gunn Principal Noreen Likins.
Also that morning, officers arrested a second student allegedly involved in the burglary.
Both suspects -- whose names were withheld because they are minors -- admitted to the crime, according to police. They were also charged with fleeing from an officer, and were released to their parents.
Police are continuing to investigate whether the two were involved in other robberies on the same block, according to the report.
The incident is likely to be debated as either one in a series highlighting a problem in the police department or another overreaction by politically correct Palo Altans.
Two officers will stand trial later this year for their alleged beating of a black man in July 2003, who was not cited or arrested. The city paid $250,000 to settle a claim he filed.
A separate lawsuit may be filed soon in connection with a black Terman Middle School student who was allegedly mistreated by an officer who cited him in March 2003 for not wearing a helmet while skateboarding. One witness described the officer as shaking the boy "like a rag doll" but the county's district attorney cleared the officer, saying other witnesses saw the student try to get away.
Staff Writer Bill D'Agostino can be e-mailed at bdagostino@paweekly.com,
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