- Jul 13, 2005
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Only in my neck of the woods..lolol
Just amazing how the local Police immediately wanted to escalate things....http://www.montereycountyweekly.com...cle_d1d5492c-7c03-11e4-adf8-938b57ae802a.html
At a time when police departments nationwide are under fire for excessive use of force, a police officer at CSU Monterey Bay has been threatened with termination for not using enough of it.
And just this evening, attorneys representing the officer (whose name is not being disclosed) learned the university has denied a pubic entity claim they filed Nov. 12 on the officer's behalf. Attorneys received CSUMB's response, dated Dec. 2, in today's mail.
"They could’ve said 'Let's have a discussion," says Kathleen Mastagni-Storm, whose firm is representing the officer. "We're always open to a resolution."
Instead, Mastagni-Storm says they will now pursue the matter in court.
The officer's termination stems from an incident that occurred Feb. 22.
The officer, a 20-year veteran who’s spent eight years at the department, responded to a scene at a CSUMB dormitory in February where a student was allegedly threatening to commit suicide. Being alone, he called the Marina Police Department for backup.
According to Jeff Solomon, president of the Statewide University Police Association, which represents CSU police officers, the officer had calmed down the student, who was unarmed, before the Marina PD arrived.
“We go through extensive training in crisis prevention intervention,” Solomon says. “This guy had special training and a great demeanor, he really talked [the student] down.”
Solomon says things quickly changed when three Marina police officers arrived.
“The victim stood up and asked for a glass of water and the Marina guys started yelling at [the student]. Our officer thought they aggravated the situation.”
The Marina police began using their Tasers when the student was noncompliant, Solomon says, while the CSU officer chose not to. He says they also “dry-stunned” the student after their Taser cartridges ran out, using the two prongs of their Tasers. He says the Marina officers asked the CSU officer for his Taser when their cartridges ran out, but he refused.
“This was kind of no brainer for us. This is the kind of call we handle every day,” Solomon says.
Following the incident, Solomon says the officer called the Marina police on the radio.
“He thought they were heavy-handed, thanked them, and said ‘If that’s what you’re going to do, I don’t need you.'”The Marina officers later filed a complaint against the CSU officer for failing to act two weeks later, which led to the officer being put on paid administrative leave, and he was notified earlier this week that he would be terminated.
“After what happened in Ferguson, here we have an officer who clearly did the right thing, and he’s getting fired for it,” he says. “It’s very frustrating for us.”
That comment echoes a comment from the student’s father that was included in a SUPA press release about the incident:
“It defies logic and is extremely disappointing that, at a time when law enforcement is under fire for using more force than necessary, an officer is being terminated for attempting to use civilized methods to resolve a situation.”
Mastagni-Storm says the officer had interacted with the student prior to the incident and was trying to develop a rapport with him, and even called the student's father before he arrived to the scene.
"It’s very common for campus police to know students by name and develop relationships with them," she says.
Mastagni-Storm also disclosed the CSUMB officer is Asian, and the student in the incident is black.
Neither Mastagni-Storm or Solomon are willing to share the police reports from the incident, but both say there is nothing to indicate any wrongdoing by the CSU officer.
“There’s nothing that supports their charges,” Solomon says.
Marina Police Chief Edmundo Rodriguez did not return calls seeking comment, and the CSU Police Department referred inquiries to a university spokesperson who provided only this brief statement:
“This issue involves a personnel investigation and we are unable to provide specific comments regarding an ongoing personnel matter. This case is much more complex than was conveyed in the press release. However, we are not at liberty to comment further as the personnel process moves forward.”
To Solomon, the only complexity is that he believes the Marina officers filed their complaint preemptively, fearing the CSU officer would file a complaint against them for excessive use of force.
“If you just look at the facts of the case,” he says, “it doesn’t pass the smell test.”
Mastagni-Storm says she will be filing a writ in Monterey Superior Court in the coming weeks alleging the officer's rights were violated.
When asked why the CSUMB's investigation of the incident and decision to terminate the officer took nearly a year, Mastagni-Storm didn't have an answer.
"One would think that an incident that would warrant a termination, you would think it would be done quickly," she says.
Mastagni-Storm adds the officer was a corporal in a quasi-supervisory position and has no red flags in his file.
"He has a very good work record," she says. "He doesn’t understand where this is coming from."
CORRECTION: An earlier version of this story reported Mastagni-Storm's firm had already filed a writ—it has not. Attorneys had filed a claim with CSUMB, which they learned today was denied.
Just amazing how the local Police immediately wanted to escalate things....http://www.montereycountyweekly.com...cle_d1d5492c-7c03-11e4-adf8-938b57ae802a.html
At a time when police departments nationwide are under fire for excessive use of force, a police officer at CSU Monterey Bay has been threatened with termination for not using enough of it.
And just this evening, attorneys representing the officer (whose name is not being disclosed) learned the university has denied a pubic entity claim they filed Nov. 12 on the officer's behalf. Attorneys received CSUMB's response, dated Dec. 2, in today's mail.
"They could’ve said 'Let's have a discussion," says Kathleen Mastagni-Storm, whose firm is representing the officer. "We're always open to a resolution."
Instead, Mastagni-Storm says they will now pursue the matter in court.
The officer's termination stems from an incident that occurred Feb. 22.
The officer, a 20-year veteran who’s spent eight years at the department, responded to a scene at a CSUMB dormitory in February where a student was allegedly threatening to commit suicide. Being alone, he called the Marina Police Department for backup.
According to Jeff Solomon, president of the Statewide University Police Association, which represents CSU police officers, the officer had calmed down the student, who was unarmed, before the Marina PD arrived.
“We go through extensive training in crisis prevention intervention,” Solomon says. “This guy had special training and a great demeanor, he really talked [the student] down.”
Solomon says things quickly changed when three Marina police officers arrived.
“The victim stood up and asked for a glass of water and the Marina guys started yelling at [the student]. Our officer thought they aggravated the situation.”
The Marina police began using their Tasers when the student was noncompliant, Solomon says, while the CSU officer chose not to. He says they also “dry-stunned” the student after their Taser cartridges ran out, using the two prongs of their Tasers. He says the Marina officers asked the CSU officer for his Taser when their cartridges ran out, but he refused.
“This was kind of no brainer for us. This is the kind of call we handle every day,” Solomon says.
Following the incident, Solomon says the officer called the Marina police on the radio.
“He thought they were heavy-handed, thanked them, and said ‘If that’s what you’re going to do, I don’t need you.'”The Marina officers later filed a complaint against the CSU officer for failing to act two weeks later, which led to the officer being put on paid administrative leave, and he was notified earlier this week that he would be terminated.
“After what happened in Ferguson, here we have an officer who clearly did the right thing, and he’s getting fired for it,” he says. “It’s very frustrating for us.”
That comment echoes a comment from the student’s father that was included in a SUPA press release about the incident:
“It defies logic and is extremely disappointing that, at a time when law enforcement is under fire for using more force than necessary, an officer is being terminated for attempting to use civilized methods to resolve a situation.”
Mastagni-Storm says the officer had interacted with the student prior to the incident and was trying to develop a rapport with him, and even called the student's father before he arrived to the scene.
"It’s very common for campus police to know students by name and develop relationships with them," she says.
Mastagni-Storm also disclosed the CSUMB officer is Asian, and the student in the incident is black.
Neither Mastagni-Storm or Solomon are willing to share the police reports from the incident, but both say there is nothing to indicate any wrongdoing by the CSU officer.
“There’s nothing that supports their charges,” Solomon says.
Marina Police Chief Edmundo Rodriguez did not return calls seeking comment, and the CSU Police Department referred inquiries to a university spokesperson who provided only this brief statement:
“This issue involves a personnel investigation and we are unable to provide specific comments regarding an ongoing personnel matter. This case is much more complex than was conveyed in the press release. However, we are not at liberty to comment further as the personnel process moves forward.”
To Solomon, the only complexity is that he believes the Marina officers filed their complaint preemptively, fearing the CSU officer would file a complaint against them for excessive use of force.
“If you just look at the facts of the case,” he says, “it doesn’t pass the smell test.”
Mastagni-Storm says she will be filing a writ in Monterey Superior Court in the coming weeks alleging the officer's rights were violated.
When asked why the CSUMB's investigation of the incident and decision to terminate the officer took nearly a year, Mastagni-Storm didn't have an answer.
"One would think that an incident that would warrant a termination, you would think it would be done quickly," she says.
Mastagni-Storm adds the officer was a corporal in a quasi-supervisory position and has no red flags in his file.
"He has a very good work record," she says. "He doesn’t understand where this is coming from."
CORRECTION: An earlier version of this story reported Mastagni-Storm's firm had already filed a writ—it has not. Attorneys had filed a claim with CSUMB, which they learned today was denied.
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