>> i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. president mazzucco: thank you.

president mazzucco, present. vice-president marshall, president. commissioner dejesus, on route. commissioner chan, present. commissioner slaughter, present. commissioner determined -- terman, present. >> thank you. welcome to the wednesday, september 21, 2011 san francisco police commission meeting. as you heard, the chief is on his way, he is in traffic. while we're waiting, we will go into general public comment period before we go there, sometimes we conclude our meetings in memory of members of

the san francisco police family. i would rather do that at the end. i would like to start our meeting in memory of andy farron. he died at the age of 99 last week. every wednesday, he regularly watched the meetings with his caretaker, rose, who is the wife of a san francisco officer. he used to love watching our meetings, i would get feedback. i would love to start this meeting on behalf of lt. farron. >> they public is welcome to commit -- address the commission. speakers shall address their remarks to the commission as a whole and not to individual commissioners or department or personnel. under police commission rules of order, during public comment,

neither police nor personnel nor commissioners are required to respond to questions presented but may provide a brief response. individual commissioners and police and personnel should refrain from entering into any debates or discussions with speakers during public comment. please limit your comments to three minutes. >> thank you, good evening. i am eric king. for years now, the san francisco police department and the fbi have conspired together to ruin my life in an effort to get me to leave the city. they did so because i knew the identity of one of their confidential informants. the case was dismissed by the judge because prosecution refused to reveal the identity of the informant central to the case. i know who one of them is. that is the basis for the harassment. it took me a long time to figure out who is guided and why they were doing it. in the beginning, i made the mistake of going to the san francisco police department and i was punished severely for

doing so. i stuck to my task and figured it out. i went to the occ and file the complaint. there is no reasonable individual who would argue that they did not cover. according to one of the employees, the first thing they did was go to the department of justice, the fbi in particular where they received advice on how to handle the matter. perhaps that explains why they closed my case without interviewing me and also listing in their documents i had withdrawn the case when i did not. there are other issues i had concerning the occ's investigation that brought me to the police commission from the end of april through the end of june. i pleaded my case before all of you to no avail. prior to going to the occ, i

went to the freedom of information act process andrew lang. after going through the occ and you, i realized i would now off -- would have never gotten anything from the freedom of information act. what was being done is illegal and conspiracy. i went to the inspector general's office. they got back to me and said no criminal activity was committed by any fbi agent. i tried to call them and contact them, they came to this conclusion without speaking to me or interviewing me or anything. i tried to call them and speak to them, there would not return my call. i am here to say that i have filled my responsibility as a private citizen and i now have the right to retaliate. i'm not saying i am going to do that. i would have done it before now.

i have the right to do so, i believe now. i have mentioned in a previous appearance before this commission there are private citizens who allowed themselves to be recruited by the police department in their efforts against me. i will be contacting them and demand they give me their input into this matter. president mazzucco: thank you. [bell] >> good evening. i would like to compliment the tenderloin police department. i was walking and a young man ran up to me who i know, profusely bleeding. someone hit him in the head with a pipe. he was gushing blood. i grabbed him and my old military days stop the looting. i said, get the cops here and

tenderloin police were here within 45 seconds. that is very impressive. they are impressive people. thank you. >> next speaker. >> hello. you may know me from 2007, i lost my son in a drive-by shooting. today i have with me my mother. i am here today because we have not had just as with my son's case and now, my mother was a salted. nothing has been done. she made a report on 9/11 that -- at 0030. at1730, i made another

report. and information about the perpetrator who assaulted her at that time. inspector hudgins within the hour was able to help us. got the address of the perpetrator, followed through, ask him to surrender, he did so the next morning, posted a $40,000 bail and got out. that was on monday, 9-12. now we just found out four days later, i think it was friday last week that the da drop the charges. this is on just. what is wrong with this system? things are not working. you have cases where you cannot

solve them because you do not have enough information or witnesses and suspects, you do not who they are. here we know who did it, they arrested him, took his 4000, took his money, and let him go. does it mean in marine that hits my mother can get away with this just because he is a marine? what is wrong with the system? is one government covering the other government? i do not know. i wanted to tell you the case number. president mazzucco: we will figure this out. >> i have time. you can refer to case 11110724999. we have the original case that she made.

the first supplemental and now, was it yesterday i went and did a third or second supplemental. how many supplementals do we have to add to this case to get justice? thank you. >> just so you know, the police department is not the one responsible for bringing charges in cases. it sounds like a did the report. the supplementals made the to bring more evidence. the commander in charge of investigations will take a look. thank you for coming tonight. any further public comment? >> hello. i am a registered nurse and also a patient care manager. i am nervous. i have never done this before. i made a big proponent of law

enforcement. when i lived in southern california, i was a member of riverside county sheriff's bertran mounted posse in it. the respect is definitely there. last thursday on my way home from the medical center, i was pulled over by a motorcycle officer heading westbound on irving. i was not able to pull over at the time because the cars were parked on irving street. i had my right hand signal going. and he knew i had the intention of pulling over. i was somewhere, i had just passed 12th ave. i turned right and parked around the corner, rolled my window down. he approached the vehicle. i am not exaggerate when i say he was screaming at me. did i not know to pull over when their lights and sirens and? by the way, he had his sirens going.

there is a whoop-whoop thing going too. i thought i had committed a crime. he was very hostile and very angry. he said, don't you know that people could be dying? you needed to pull over. i said that is why i went around the corner. he said that i could have been hiding drugs in my vehicle by the time it took me to pull over. i offered that he could surge my car. he could search me. i do not have drugs except maybe some of tehran. he angrily replied that i do not want to search you. he asked for my driver's license, proof of insurance, and my registration andros license. i explained my driver's license was in the back seat and i would have to get out to get that for him. the other two were in the glove

compartment. i pulled it out, he took my evidence of insurance and walked back to the motorcycle. and then came back and demanded the driver's license and i asked to get out of the vehicle and he replied, get out of the car. at this point, i was not sure if he was going to turn me over and cuff me. he was so loud that people were driving by and they were rolling their windows down to hear him, he was so angry. i do not have a lot of time left. i have been an intensive care nurse for 12 years and i've worked the emergency department. i know people are like under stress. my concern is not only for my safety because i felt threatened, i felt unsafe. i was scared to death. i'm concerned about his mental capacity. perhaps his stress level. and some anger management on his part. >> the director is right here. >> i have made a complaint.

i phoned the that i and friday. i think you. -- thank you. his be ever was threatening but i am concerned about his behavior. >> could you give his name and star no. 2 commander bill -- star number to commander beale. >> item to come up reports and announcements. a review of recent activities. >> the evening. we have had a busy week in the police department, community related. one of the special things. there was a race on thursday for charity where teams of 12 round

from the marina green to the wine country without rest. 187 or 186 miles, a race that takes hours. the department put a team in. the one. they ran into the night. the they have run like 5 miles and take a break, whenever. all the proceeds are going to the police activities league and by participating, there were eight teams. a portion of everyone else's money goes to the police activity lead. this was done on the officer's time. it was a good thing. we also went to life learning academy on treasure island which was born 12 years ago. with the assistance of doffedr. silber. senator lena was there. just great work and we hosted a

chinese delegation on the 16th. as far as what we have been doing, we did have the officer involved shooting where bystanders were hit by the single round fired by one officer as they took on a suspect in possession of a machine pistol loaded with 22 rounds. we had a community meeting. thank you, president mazzucco for being there with president to at the jean parker school. it was well attended and well received and we are fielding any inquiries after that. i also met with supervisor campos today. one regarding violence in the mission which it appears we have the right officers in the right places as that is going down

after having a tough weekend a couple of weekends ago. we did yesterday have the two groups get at each other and a little girl was hit. i went to the hospital and saw her last night. she could not be a cuter little girl. she was very frightened but she is brave and she will be ok. she will get discharged tomorrow. the investigation is proceeding and we're hopeful we will make an arrest in that case sooner rather than later. the other part of the meeting was supervisor campos was on the community police general order of which she should have the most recent version. that should be 1.08 in your packet for your review. i want to thank city attorney kay porter. she was a big help this week and we thought we were finished but once she gets hold of the document, she sometimes tells us otherwise but we're confident

this has been reviewed by the city attorney's office and we have a good product. supervisor campos is happy about it. the community is happy about it. i know that we're excited to get it in place and i am not aware of another department that has as formalize policy and order that has essentially community policing as the overarching philosophy of their department in writing. we will have won once this body decides they want to adopt this order. the best practices manual that is referred to is ongoing and i will have a draft of that when we get to the portion where we will discuss this order. as far as crime goes, we are at 40 homicides, three up from last year but still have of where we were in 2008. violent crime is still down 6%.

property crime is flat. part one crime is flat compared to last year which was tremendously a good year. maybe only by comparison to the year before. it is light years where we were in the years prior to that. that concludes my report. >> thank you. >> commander beale will give us a progress report on the bart shooting as commissioned by commissioner chan. >president mazzucco: your officers did a great job under difficult circumstances. being in that parking lot with a crowd that was there, i think it was pretty compact, traffic was not moving.

there were a lot of people under the influence. your officers were quite busy. there was more people in the parking lot than the stadium could hold. i thought it was a dangerous situation but i saw some officers and it was incredible what they were doing. how much of a resource drain was that and do we get reimbursed for what takes place in the parking lot? >> much of what is in the parking lot is part of the 49er complement they pay for. we do that, extra officers in and out the door locks and traffic. i was out there myself. i was told it was the largest regular-season crowd since 1994 for that game. a huge crowd, obviously incredibly hotly contested, decades-long rivalry. very fortunate that the worst thing that happened was the score at the end of the game.

president mazzucco: the officers were great. they broke up a lot of very close fights. just in the 20 or 30 minutes i was in the parking lot. >> they did a really good job. president mazzucco: thank you. commander? >> i am here to give you a general overview of the court officer involved shooting. it was 9:40 p.m. and the suspect's name -- age 45. two operators reported seeing an intoxicated mail. there responded to the bart station. they encountered a subject on the platform and they gave him a verbal and visual commands. he ignored these commands and he

threw a large bottle at the officers. the subject drawknife and began to dance to or the officers. they continued to give him a verbal and visual commands which he ignored. he reared back, threw the knife at the officers and one of the officers fearing for his own safety, discharged his weapon at the subject, stopping the threat and killing this subject. a second large knife was found on the suspect. the investigation has had a total of 30 witnesses identified. 14 have responded and interviewed in person. five more interviewed by telephone wondrous -- was returning to ireland and rode out of her statement. six were interviewed by bart pd. they heard the shots being fired. four witnesses have not responded to all efforts to contact them. things we have still to do that

we're waiting on is results from dna analysis of the knife. firearm opera billick a report from the crime lab which is coming shortly. they said it would be in the next couple of days. toxicology results and the dess report from the medical examiner's office. we will be submitting this entire case to the district attorney's office for them to review and to determine who was under proper conduct. that is as much as i can give you. the investigation is ongoing at this time. president mazzucco: thank you. commissioner chan: thank you for that detailed brief. it gives the public a sense of how the investigation works. i have been asked by members of the public. >> where we investigating it rather than art -- bart?

the sfpd handles all ois's. most recent history, last year we had the irs agent that was involved in the shooting in the bayview district and we have handled an officer involved shooting involving daly city p the and they wound up in our city limits. we handle chp shootings. five years ago, the bridge authority had an armed robbery suspect that the golden gate bridge police shot and it was within our city limits. any time any deputy sheriffs are involved in any type -- or if you get an in custody death, our homicide investigators investigate those. we have always taken them that evening. i prefer -- i made that decision

that we should handle this case and we discussed that with the bart chief and it was determined that sfpd would handle this. >> you mentioned bart police interviewed several potential witnesses. does sf tpd handle that? >> we had the lead investigation. there is a liaison that piggybacked with our inspectors. they are allowed to have access to the information as we get it. they get it. they are piggybacking with us and assist us and they will report back to their chief and also to the board of directors. >> for members of the public and the press who are interested in knowing the findings of the

department, when does not happen? >> we submit a report to our district attorney's office when the investigation is completed and we get all the information, that is shared with the d.a.'s office. the d.a. makes the determination if it was proper conduct. >> at what point is the information released to the public if at all? >> it will be released after that. if there is a determination made. commissioner chan: with the d.a. to the releasing or with this department? >> it depends if we want to do that. we coordinate with our public relations and we would hold a press conference. >> thank you. that is helpful. president mazzucco: further questions? thank you. >> with regard to the 5-year-

old in the bay view, do we have any idea what is behind that at all? >> i know what i have heard. >> i can tell you what i know offline. president mazzucco: any further questions? >> item 2b. a review of recent activities. >> good evening. i returned this week from a week-long conference in new orleans. it was the national association for civilian oversight of law enforcement. i have been an organizational member since 2003 when i first became the director of the

oakland citizen's police review board. the conference was attended by nearly 200 civilian oversight practitioners. police review board members as well as law enforcement members from all over the united states, from trinidad and tobago, canada, and jamaica. it covered topics from officer involved shooting to a community outreach to mediation. i was a member of a panel on mediation that also included the mediation director for the new york civilian complaint review board as well as the mediator from trinidad and tobago. two other members from occ staff attended. jason wechter gave a presentation. i would encourage the attendance