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"Mom. I love you so much.
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I must be the luckiest guy in the world
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to have a mom like you.
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You're always there for me.
And you never let me down.
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You've always comforted me when I was sad
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and always made me feel special
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with all the little things you do for me.
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Mom, I wish I could be there for you
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like you've always been for me.
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Thanks, Mom.
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I hope that when I get out,
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I can return to being a good son.
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So that I can make you happy.
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Love, Pelon.
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At approximately 10:30 p.m.,
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Jorge Ramirez texted his contact
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at the Bakersfield Police Department --
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Larry Esparza.
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Wanted and dangerous,
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Justin Harger was in Jorge's apartment.
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For 12 minutes, Esparza didn't answer.
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Mr. Ramirez was texting
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and calling with Officer Esparza,
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but a crucial fact was
that Officer Esparza
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was not on duty that night.
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He was relaying messages from Mr. Ramirez
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to police colleagues
who were on the ground.
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On a night
when every second matters,
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Jorge is left waiting.
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Then, 10:44 is Ramirez calling you?
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Correct.
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And this is after
he sends you the message
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saying that he's here, correct?
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Correct.
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And it's a routed call,
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which means you didn't pick up the phone?
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Correct.
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Officer Esparza
was off duty that night,
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was not even around the scene
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or anywhere during that time
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planning this this whole operation.
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If I was the sergeant on that
scene and I'm getting texts,
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"Hey, I don't have all those
details, this is all I know,"
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I don't know that I'm willing
to send my officers in there
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to an unknown on something like that.
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Ramirez never
officially registered
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as a confidential informant,
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but officers that night mobilized
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according to the information he provided
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and referred to Jorge as an informant.
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Still, the poor communication
between Jorge
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and the off-duty Officer Esparza
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had consequences.
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At 10:21 p.m.,
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Ramirez is texting his contact to say
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Harger has turned up at his apartment.
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It's almost two hours after that
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that a surveillance van
turns up at the home.
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They had set it up
where he was going to have Harger in there
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with him in the apartment.
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They were supposed to be
out there and reassure him
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that they were going to make an arrest
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as they exit the place.
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By the time the cops turn up
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with an unmarked van,
they basically missed each other,
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and we don't really know why.
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Somehow they dropped the ball
and they weren't watching.
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Eventually,
Jorge texts his contact
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to say they're going to the AM/PM
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and then to the Sheraton Hotel.
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The officers turn up to the AM/PM,
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they miss them there,
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and then they head back to the Sheraton,
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where they're expecting to intercept them.
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Ramirez said, "Hey, where are you guys?"
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Hey, where are you guys?
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"We're up here at the AM/PM now.
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We're on our way to the Sheraton."
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We're on our way to the Sheraton.
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I said, "Hey, I need that information.
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What kind of car are you guys in?
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Does he still have the gun?"
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He goes, "I can't talk.
I've got to go. I can't"--
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I've got to go. I can't talk.
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He was extremely rushed. Frantic, almost.
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What jumped out of those messages, to me,
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was that Mr. Ramirez was fearful.
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There's a lot of
"Where are you going to be?"
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"Can I call you?" "No."
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"Can you text?" "No."
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His contact is obviously off duty
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and pressuring him to call in,
he's saying he can't do it.
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He's warning him that it's too dangerous
94
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and that doesn't really seem
to be being acknowledged.
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He was annoyed. He was mad,
like, "Where are you?
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I can't text right now.
Are you coming or are you not?"
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Shortly after six officers
had set up at the Sheraton Hotel,
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the SUV driven by Justin Harger
entered the parking lot.
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00:05:06,431 --> 00:05:08,141
Officer Wimbish An Officer Brewer
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followed the vehicle in their patrol car.
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-Harger parked.
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And the two officers proceeded
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on foot towards his SUV.
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There seems to have been
widespread confusion
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among the police
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about whether they were supposed to be
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apprehending the driver or the passenger
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in the vehicle once they had stopped.
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As the officers approached,
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Ramirez, who was the passenger,
exited the vehicle.
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You don't want that informant there.
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You want him to walk away.
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You get him out of that scene.
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I just see the passenger
getting out of the vehicle,
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and he looks similar to Justin Harger.
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So I'm not positive if it is
or is not him at that point.
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I now draw my gun
and I yell at the passenger,
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"Police, show me your hands."
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Suddenly,
the officers heard the driver
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of the vehicle yell something.
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And instantly after that,
I heard two gunshots
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and saw two muzzle flashes
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coming from the driver's door area.
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Officer Brewer
was struck on the cheek
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by what he thought was a bullet
coming from the driver.
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Basically, after that,
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it all goes completely wrong.
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Harger, who they know is armed
and potentially violent, opens fire.
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Immediately after getting hit,
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Officer Brewer fired 15 shots
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in an attempt to shoot at the driver.
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At any point in time,
did you shoot at the passenger?
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Not intentionally.
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I was shooting into the vehicle
every time, but I was very...
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When the bullet hit me, I was barely able
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to stand afterwards.
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But I was trying my best
to aim toward the vehicle.
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So you had this confusion, if you will.
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The officers didn't know
who they were firing at
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or who was who.
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The rest of the
officers exited their vehicles.
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Officer Beagley saw Ramirez come
around from the passenger side
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of the vehicle.
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However, he thought
it could be Justin Harger.
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I gave the suspect verbal commands.
146
00:07:06,342 --> 00:07:08,761
"Bakersfield Police Department.
Put your hands up."
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Obviously, I'm focused on his hands,
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but I remember seeing blood in this area
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on his face or neck area.
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His hand went behind his back.
He wouldn't put his hands up.
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I told him twice, and I thought
he was reaching for a gun.
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I fired five or six times.
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Ramirez fell to his knees,
and Officer Beagley
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fired what he described
as "a couple of more rounds."
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And then the individual appeared
to be deceased at that time?
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Yes.
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Did you see a weapon in his hand
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when he pulled his hand forward?
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No.
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As you sit here today,
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you now learn that that
individual was Jorge Ramirez.
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Correct?
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Correct.
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There is a volley of gunfire
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that kills both Ramirez and Harger.
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We know that when Ramirez was shot,
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he was left face down on the floor
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and handcuffed as he was dying.
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This was an informant for the BPD.
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Both Jorge Ramirez, Jr.
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and Justin Harger
were declared dead at the scene.
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According to the Kern County
coroner's report,
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Jorge died from 10 penetrating
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and perforating gunshot wounds
to the body.
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He was not armed.
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His toxicology report was clean.
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There seemed to be some confusion.
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Did all the officers
who were there that night,
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did they know that Ramirez
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was working as an informant?
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Did they know what Ramirez looked like?
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You know, were officers
going to be able to
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know who was the suspect
and who was the contact?
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An officer says that he's aware
there's an informant present.
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He's not sure which side
of the car he's sitting on.
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Other officers didn't even know
there was one present.
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00:09:00,456 --> 00:09:01,999
You know what happens to information
188
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when it passes through so many people.
189
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It kind of changes and alters.
190
00:09:05,836 --> 00:09:07,630
There are conflicting stories
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about who did what and when.
192
00:09:09,715 --> 00:09:13,553
I think what we noticed quite quickly
193
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was that these stories did not match up.
194
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What you see
coming out after this operation
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is a number of officers,
as part of the investigation,
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really divulging
there wasn't a huge amount
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of planning that went into any of this.
198
00:09:28,943 --> 00:09:31,862
Sergeant Eric Lance,
in charge of the operation,
199
00:09:31,946 --> 00:09:34,699
stated there was no tactical plan
on how to respond
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if Justin Harger got in the vehicle.
201
00:09:36,993 --> 00:09:39,495
Other officers downplayed
that a specific plan
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was even necessary.
203
00:09:41,539 --> 00:09:44,917
Was there any discussion
of a plan for apprehending Harger?
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00:09:45,001 --> 00:09:48,212
We didn't have nearly enough
information to make a plan.
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00:09:48,296 --> 00:09:50,506
We're still hoping
to get enough information
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in order to make a plan.
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00:09:52,466 --> 00:09:54,927
I mean, you can make a plan
to get a cup of coffee
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and not know where you're going
to get the cup of coffee at.
209
00:09:59,307 --> 00:10:00,725
The police already knew,
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00:10:00,808 --> 00:10:03,185
before Jorge got involved
in this situation,
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00:10:03,269 --> 00:10:07,023
that they were dealing with
an armed, dangerous individual.
212
00:10:07,106 --> 00:10:09,400
And one would think that, in planning
213
00:10:09,483 --> 00:10:12,486
and preparing to apprehend such a suspect,
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00:10:12,570 --> 00:10:15,656
the police would have planned thoroughly,
215
00:10:15,740 --> 00:10:17,491
would have taken into account
the possibility
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00:10:17,575 --> 00:10:20,870
that things could turn chaotic,
could turn violent,
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00:10:20,953 --> 00:10:23,456
and especially given that
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00:10:23,539 --> 00:10:25,207
the police had an informant
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00:10:25,291 --> 00:10:26,667
inside this operation.
220
00:10:26,751 --> 00:10:29,128
There should have been a briefing,
221
00:10:29,211 --> 00:10:30,755
an ongoing dialogue.
222
00:10:30,838 --> 00:10:32,673
There should have been a rescue plan.
223
00:10:32,757 --> 00:10:36,344
People, when they think of it
being risky, being an informant,
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they think about, you know,
the person they're ratting on,
225
00:10:40,097 --> 00:10:43,184
if you will, potentially hurting
them, not law enforcement.
226
00:10:43,267 --> 00:10:46,270
Mr. Ramirez
really shouldn't have been present.
227
00:10:46,354 --> 00:10:48,397
That was a tactical blunder.
228
00:10:49,106 --> 00:10:52,026
The police agency
has a definite obligation
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to protect and preserve human life.
230
00:10:54,195 --> 00:10:57,990
So they should have
made decisions and judgments
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00:10:58,074 --> 00:11:00,743
prioritizing the safety
and security of all people
232
00:11:00,826 --> 00:11:02,495
involved in this operation.
233
00:11:02,578 --> 00:11:05,956
There was really a haphazard approach
234
00:11:06,040 --> 00:11:08,918
to this incident in which they just
235
00:11:09,001 --> 00:11:10,252
sort of went on instinct.
236
00:11:11,253 --> 00:11:14,006
And as a result, both men were killed.
237
00:11:14,090 --> 00:11:17,468
They were careless about the way
they conducted the operation.
238
00:11:17,551 --> 00:11:21,013
There was enough information there
for them to prevent this.
239
00:11:21,097 --> 00:11:22,431
They failed.
240
00:11:22,515 --> 00:11:24,016
They failed my son.
241
00:11:24,100 --> 00:11:25,685
They failed the department.
242
00:11:25,768 --> 00:11:27,561
That's not fair to our family.
243
00:11:27,645 --> 00:11:28,813
It's not fair.
244
00:11:28,896 --> 00:11:32,441
That made me want
to be my brother's voice even more,
245
00:11:32,525 --> 00:11:34,735
just knowing how his life ended.
246
00:11:34,819 --> 00:11:36,153
It just gave me more of the power
247
00:11:36,237 --> 00:11:37,947
to, like, want to fight that.
248
00:11:59,552 --> 00:12:02,179
I was in
communication with Ralph Silva,
249
00:12:02,263 --> 00:12:03,848
the uncle of David Silva,
250
00:12:03,931 --> 00:12:06,892
the young man that was murdered
at the hospital.
251
00:12:06,976 --> 00:12:09,729
So my daughter
somehow communicated with him
252
00:12:09,812 --> 00:12:11,188
about, "Let's mobilize.
253
00:12:11,272 --> 00:12:12,982
Let's make it known that
254
00:12:13,065 --> 00:12:14,942
they have taken a life."
255
00:12:15,025 --> 00:12:16,485
We gathered our family,
256
00:12:16,569 --> 00:12:18,946
our grandkids and everyone.
257
00:12:20,072 --> 00:12:23,909
Every Friday, cold, rain, fog,
whatever it was--
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00:12:23,993 --> 00:12:27,663
we stood there and we held
our signs and we protested.
259
00:12:27,747 --> 00:12:28,956
You should be ashamed!
260
00:12:29,039 --> 00:12:30,499
You should be ashamed
to wear that uniform!
261
00:12:30,583 --> 00:12:32,001
You should be ashamed!
262
00:12:32,084 --> 00:12:34,211
And as time went on,
263
00:12:34,295 --> 00:12:36,380
you know, more families got together.
264
00:12:36,464 --> 00:12:39,341
You know, A, the Ramirezes
standing over in the corner.
265
00:12:39,425 --> 00:12:42,887
Soon we had Chris Silva family
266
00:12:42,970 --> 00:12:45,556
and De La Rosa and Alderman.
267
00:12:45,639 --> 00:12:48,934
And we were looking at, like,
"What's going on?"
268
00:12:49,018 --> 00:12:51,145
-What do we want?
-Justice!
269
00:12:51,228 --> 00:12:53,773
Losing a loved one is painful.
270
00:12:53,856 --> 00:12:55,816
He always eats with us.
271
00:12:55,900 --> 00:12:57,818
But the loss
each of these families suffered
272
00:12:57,902 --> 00:12:59,528
comes with other emotions
273
00:12:59,612 --> 00:13:02,573
and an ache for accountability.
274
00:13:02,656 --> 00:13:04,825
Consoling each other wasn't enough.
275
00:13:04,909 --> 00:13:08,537
So while they shed their tears,
they found their voice.
276
00:13:08,621 --> 00:13:10,956
-Whose streets?
-Our streets!
277
00:13:11,040 --> 00:13:13,167
-Whose streets?
-Our streets!
278
00:13:13,250 --> 00:13:16,504
I think they try to figure out
how to grieve together,
279
00:13:16,587 --> 00:13:20,299
but also how to advocate,
how to change things.
280
00:13:20,382 --> 00:13:23,469
At this point, like,
we were meeting monthly,
281
00:13:23,552 --> 00:13:26,555
at least, to sort of talk
about what we wanted to do.
282
00:13:26,639 --> 00:13:28,557
And it was just becoming this movement,
283
00:13:28,641 --> 00:13:31,143
-and it was incredible.
-Never be divided!
284
00:13:31,227 --> 00:13:33,646
I couldn't believe how many other families
285
00:13:33,729 --> 00:13:35,648
were affected by this, you know.
286
00:13:35,731 --> 00:13:39,151
That they didn't have
a voice before, you know.
287
00:13:39,235 --> 00:13:40,903
That they were afraid to speak up against
288
00:13:40,986 --> 00:13:42,571
the police department.
289
00:13:42,655 --> 00:13:44,782
We're finally out. "Hey,
290
00:13:44,865 --> 00:13:46,826
we have a story just like yours."
291
00:13:48,077 --> 00:13:49,745
Jason gets killed,
292
00:13:49,829 --> 00:13:51,914
and his aunt Tracy reached out to me.
293
00:13:51,997 --> 00:13:54,375
And again, same thing.
294
00:13:54,458 --> 00:13:56,544
"I seen you guys on the corner."
295
00:13:56,627 --> 00:13:58,337
You know, "Can you help us?"
296
00:13:58,420 --> 00:14:01,632
We join together
and do protests together
297
00:14:01,715 --> 00:14:03,467
to share our family's story.
298
00:14:04,176 --> 00:14:05,845
Connected through tragedy.
299
00:14:05,928 --> 00:14:07,847
It's how we're connected, you know.
300
00:14:07,930 --> 00:14:10,724
Because of our experiences and our fights,
301
00:14:10,808 --> 00:14:13,143
there's just always a thought in our heads
302
00:14:13,227 --> 00:14:15,062
where, "What else can we do?"
303
00:14:15,145 --> 00:14:17,106
Family members who've had
this awful thing happen
304
00:14:17,189 --> 00:14:20,776
have every right to just
kind of want to curl up
305
00:14:20,860 --> 00:14:22,862
and not engage and disappear.
306
00:14:22,945 --> 00:14:25,614
But not Lethy or Jesse.
307
00:14:25,698 --> 00:14:28,158
Not Jorge, not any of the families.
308
00:14:28,242 --> 00:14:31,620
I'm really proud of the leaders
that have emerged in the community.
309
00:14:34,206 --> 00:14:35,374
This is not a movement
310
00:14:35,457 --> 00:14:37,710
its members want to grow.
311
00:14:37,793 --> 00:14:40,963
Yet, as it did, they struggled
to make a difference.
312
00:14:41,046 --> 00:14:45,426
Then Kern County got rocked --again.
313
00:14:45,509 --> 00:14:48,888
"The Guardian" is out tonight
with another scathing article
314
00:14:48,971 --> 00:14:50,973
about Kern County law enforcement.
315
00:14:51,056 --> 00:14:54,226
We had already dealt
with Damacio Diaz being arrested,
316
00:14:54,310 --> 00:14:56,562
and all of the sudden, this huge article
317
00:14:56,645 --> 00:14:58,147
from "The Guardian" comes out,
318
00:14:58,230 --> 00:15:00,232
calling the Kern County Sheriff's Office
319
00:15:00,316 --> 00:15:02,526
and the Bakersfield Police Department
320
00:15:02,610 --> 00:15:07,031
the deadliest law enforcement
in the country per capita.
321
00:15:07,114 --> 00:15:09,158
Don't shoot!
322
00:15:09,241 --> 00:15:10,326
Don't shoot!
323
00:15:10,409 --> 00:15:11,785
After Ferguson
324
00:15:11,869 --> 00:15:13,829
and the national conversation
that that sparked,
325
00:15:14,914 --> 00:15:16,874
we at "The Guardian" realized
326
00:15:16,957 --> 00:15:19,335
that there was no national database
327
00:15:19,418 --> 00:15:21,587
of people who were killed
328
00:15:21,670 --> 00:15:23,714
by law enforcement in the United States.
329
00:15:23,797 --> 00:15:26,675
So we decided
we would try to do it ourselves.
330
00:15:29,595 --> 00:15:31,972
We were trying to document
to try and look at areas
331
00:15:32,056 --> 00:15:34,391
in the country
that had been under-covered,
332
00:15:34,475 --> 00:15:35,976
but where this issue
333
00:15:36,060 --> 00:15:38,896
of fatal police violence was most acute.
334
00:15:38,979 --> 00:15:41,690
And time and again,
cases were cropping up
335
00:15:41,774 --> 00:15:44,610
in Kern County, California.
336
00:15:44,693 --> 00:15:47,696
We found out that Kern County
had the highest rate
337
00:15:47,780 --> 00:15:49,198
of officer-involved deaths
338
00:15:49,281 --> 00:15:51,575
anywhere in the country.
339
00:15:51,659 --> 00:15:55,120
13 people killed by law
enforcement in a single year
340
00:15:55,204 --> 00:15:59,166
in a county of a population of 875,000.
341
00:15:59,249 --> 00:16:01,293
Now, compare that to somewhere
like New York City
342
00:16:01,377 --> 00:16:04,630
that has about 10 times
the population of people,
343
00:16:04,713 --> 00:16:07,383
but only nine people were killed by cops.
344
00:16:07,466 --> 00:16:10,010
Once it came out,
it was shared across
345
00:16:10,094 --> 00:16:11,971
every Facebook page,
346
00:16:12,054 --> 00:16:13,263
Instagram, Twitter.
347
00:16:13,347 --> 00:16:15,015
I had family and friends
348
00:16:15,099 --> 00:16:17,184
from across the country sending it to me
349
00:16:17,267 --> 00:16:19,186
because they knew
I was working in Bakersfield,
350
00:16:19,269 --> 00:16:20,646
going, "Did you see this?"
351
00:16:20,729 --> 00:16:24,066
It became a big talking point
for John Oliver's show.
352
00:16:24,149 --> 00:16:25,275
If you listen to the police chief
353
00:16:25,359 --> 00:16:26,652
in Bakersfield, California,
354
00:16:26,735 --> 00:16:28,570
the system is just fine.
355
00:16:28,654 --> 00:16:29,989
These guys are experts in the field.
356
00:16:30,072 --> 00:16:31,365
They have hundreds of years
357
00:16:31,448 --> 00:16:32,950
of law enforcement experience combined.
358
00:16:33,033 --> 00:16:34,868
Our staff has a combined
359
00:16:34,952 --> 00:16:37,496
347 years in television.
360
00:16:37,579 --> 00:16:39,790
And that doesn't mean we won't
just throw a load
361
00:16:39,873 --> 00:16:42,543
of raisins on a desk
and call it entertainment.
362
00:16:46,255 --> 00:16:47,881
You know, law enforcement would say
363
00:16:47,965 --> 00:16:49,800
this is a typical story
364
00:16:49,883 --> 00:16:51,218
that's done from an outside agency,
365
00:16:51,301 --> 00:16:54,722
painting a picture based
on some unseemly statistics
366
00:16:54,805 --> 00:16:57,558
that don't paint Bakersfield
in a positive light.
367
00:16:57,641 --> 00:17:00,102
While our attention
was brought to Kern County
368
00:17:00,185 --> 00:17:02,896
because of the numbers of people
that were killed there,
369
00:17:03,480 --> 00:17:05,524
the details that we found,
370
00:17:05,607 --> 00:17:07,776
the questions that were raised
over officers
371
00:17:07,860 --> 00:17:10,904
and their conduct --
that was human detail.
372
00:17:10,988 --> 00:17:14,658
That was information
that put flesh on the bones
373
00:17:14,742 --> 00:17:18,746
of these statistics in a way
that I think shocked people
374
00:17:18,829 --> 00:17:23,250
and a way that prompted authorities
375
00:17:23,333 --> 00:17:25,419
to take a look
at these police departments.
376
00:17:25,502 --> 00:17:27,254
It was really important
377
00:17:27,337 --> 00:17:28,630
for that piece to come out.
378
00:17:28,714 --> 00:17:30,883
I think that helped catapult
379
00:17:30,966 --> 00:17:33,302
this issue on a more national level
380
00:17:33,385 --> 00:17:36,680
and create the last inch
of momentum that was needed.
381
00:17:44,772 --> 00:17:47,316
...learning more about
an officer-involved shooting.
382
00:17:47,399 --> 00:17:49,610
...saying he charged at responders
383
00:17:49,693 --> 00:17:51,612
before being shot by five officers.
384
00:17:51,695 --> 00:17:53,363
The incident is being investigated
385
00:17:53,447 --> 00:17:54,948
by the California Department of Justice.
386
00:17:55,032 --> 00:17:56,533
The deadly trend is alarming.
387
00:17:56,617 --> 00:17:58,702
...called the deadliest
police force in America
388
00:17:58,786 --> 00:18:00,621
by The Guardian, The Washington Post,
389
00:18:00,704 --> 00:18:01,914
And Vanity Fair.
390
00:18:03,207 --> 00:18:05,084
Suddenly, the world was speaking
391
00:18:05,167 --> 00:18:07,795
about police killings in Kern County.
392
00:18:07,878 --> 00:18:11,256
For the families,
it seemed a time for hope.
393
00:18:11,340 --> 00:18:13,759
But less than one year later,
394
00:18:13,842 --> 00:18:15,594
that hope was crushed.
395
00:18:18,055 --> 00:18:20,557
I remember very distinctly
sitting at my desk in New York
396
00:18:20,641 --> 00:18:23,185
getting a phone call
from a source in Kern County
397
00:18:23,268 --> 00:18:25,854
who basically said,
"They've done it again."
398
00:18:33,028 --> 00:18:34,613
...if under the influence.
399
00:18:36,657 --> 00:18:38,575
The 73-year-old grandfather
400
00:18:38,659 --> 00:18:40,702
suffering from dementia
was shot and killed
401
00:18:40,786 --> 00:18:43,539
by a BPD officer
just before 1:00 a.m. on Monday.
402
00:18:46,875 --> 00:18:48,293
I was upstairs playing video games
403
00:18:48,377 --> 00:18:49,586
with my girlfriend at the time,
404
00:18:49,670 --> 00:18:51,130
and I heard some shots.
405
00:18:52,881 --> 00:18:54,633
We heard literally
406
00:18:54,716 --> 00:18:57,553
six, seven shots outside.
407
00:18:57,636 --> 00:19:00,597
We ran downstairs, looked over a fence,
408
00:19:00,681 --> 00:19:03,225
and saw a man, dead.
409
00:19:04,977 --> 00:19:06,228
Francisco Serna.
410
00:19:08,897 --> 00:19:12,734
Around 12:30 a.m.,
the BPD responded to a call
411
00:19:12,818 --> 00:19:15,028
from dispatch reporting a man with a gun.
412
00:19:15,112 --> 00:19:17,614
Brown jacket,
unknown if under the influence.
413
00:19:17,698 --> 00:19:19,575
Armed with a revolver.
414
00:19:19,658 --> 00:19:22,870
Mr. Serna had
an altercation with a neighbor.
415
00:19:22,953 --> 00:19:25,706
She placed a call to law enforcement
416
00:19:25,789 --> 00:19:28,208
and said that he appeared
to have some sort of gun.
417
00:19:28,292 --> 00:19:31,003
Police officers responded to the neighbor.
418
00:19:31,086 --> 00:19:33,422
While they were discussing
what the neighbor had seen,
419
00:19:33,505 --> 00:19:35,799
Mr. Serna came out of his home
420
00:19:35,883 --> 00:19:38,760
and police exited the neighbor's house.
421
00:19:38,844 --> 00:19:42,973
Mr. Serna moved towards them.
He was wearing his robe.
422
00:19:43,056 --> 00:19:44,975
He's in a robe
with his hands in his pockets,
423
00:19:45,058 --> 00:19:46,393
not complying.
424
00:19:46,476 --> 00:19:47,978
They engage with Francisco Serna.
425
00:19:48,061 --> 00:19:49,438
They ask him to stop.
426
00:19:49,521 --> 00:19:51,398
They ask him to pull his hands
out of his pockets,
427
00:19:51,481 --> 00:19:53,025
put his hands up.
428
00:19:53,108 --> 00:19:54,985
He doesn't comply. He doesn't stop.
429
00:19:55,068 --> 00:19:56,153
He doesn't say anything.
430
00:19:56,236 --> 00:19:58,906
But he continues walking toward officers.
431
00:19:58,989 --> 00:20:03,619
Eventually, while he was within
15 to 20 feet of an officer,
432
00:20:03,702 --> 00:20:06,413
one of the officers fired seven times,
433
00:20:06,496 --> 00:20:09,333
striking and killing Francisco Serna.
434
00:20:12,794 --> 00:20:16,215
Six officers, one 73-year-old man.
435
00:20:16,298 --> 00:20:18,717
And 15 feet between them,
436
00:20:18,800 --> 00:20:21,220
and a rookie officer opens fire.
437
00:20:23,764 --> 00:20:25,849
He was clothed
438
00:20:25,933 --> 00:20:28,894
and just face down, cuffed,
439
00:20:28,977 --> 00:20:31,271
and I just kept noticing he wasn't moving.
440
00:20:31,355 --> 00:20:32,856
Then I saw blood.
441
00:20:32,940 --> 00:20:35,651
You know, mean my mom figured he's dead.
442
00:20:35,734 --> 00:20:38,237
It's like an hour and a half, two hours.
443
00:20:38,320 --> 00:20:40,197
They still hadn't called paramedics.
444
00:20:41,615 --> 00:20:43,116
Could have been screaming commands
445
00:20:43,200 --> 00:20:46,411
where he just got nervous or scared.
446
00:20:46,495 --> 00:20:49,164
I just it goes through my mind.
What do you go through?
447
00:20:49,248 --> 00:20:51,458
You know, I wasn't there.
448
00:20:51,541 --> 00:20:54,169
What the hell did he go through, you know?
449
00:20:54,253 --> 00:20:56,213
Just 'cause he was alone.
450
00:20:56,296 --> 00:20:58,215
It fucking pisses me off.
451
00:20:59,549 --> 00:21:01,385
Right away, they said he had a gun,
452
00:21:01,468 --> 00:21:03,178
and the media was pushing that.
453
00:21:03,262 --> 00:21:05,806
The officer tells them
that he felt threatened
454
00:21:05,889 --> 00:21:08,350
and that he thought that he saw a gun.
455
00:21:08,433 --> 00:21:11,228
He don't own a gun, you know?
456
00:21:11,311 --> 00:21:12,688
Who said he had a gun?
457
00:21:15,440 --> 00:21:18,777
They said, "There was an object
found in his pocket.
458
00:21:18,860 --> 00:21:21,363
We'll give you that information
when we find out."
459
00:21:21,446 --> 00:21:24,491
And I told my wife, "I know what that is."
460
00:21:24,574 --> 00:21:28,996
It's a crucifix, because
he was at my house the day prior
461
00:21:29,079 --> 00:21:32,207
and he had that in his pocket,
462
00:21:32,291 --> 00:21:34,668
and he was, like,
you know, blessing my house.
463
00:21:38,463 --> 00:21:40,340
The Bakersfield
police will report
464
00:21:40,424 --> 00:21:42,384
that Francisco was unarmed
465
00:21:42,467 --> 00:21:45,846
and the object in his pocket
was indeed a crucifix.
466
00:21:46,722 --> 00:21:49,808
The Serna family,
who insisted the police knew
467
00:21:49,891 --> 00:21:52,728
that Francisco had dementia,
would come to learn
468
00:21:52,811 --> 00:21:55,856
that the Bakersfield Police Department
Communications Center
469
00:21:55,939 --> 00:21:57,899
had indeed added a hazard notification
470
00:21:57,983 --> 00:21:59,735
to the dispatching officers
471
00:21:59,818 --> 00:22:01,862
stating that the homeowner,
Francisco Serna,
472
00:22:01,945 --> 00:22:05,157
had dementia and giving
the name and phone number
473
00:22:05,240 --> 00:22:07,701
of a daughter to contact if necessary.
474
00:22:15,667 --> 00:22:19,546
Laura Serna was
the daughter of Francisco Serna,
475
00:22:19,629 --> 00:22:22,466
and I was escorted,
476
00:22:22,549 --> 00:22:25,510
the day Francisco Serna died,
477
00:22:25,594 --> 00:22:28,597
by neighbors to talk to her family.
478
00:22:29,181 --> 00:22:31,099
I didn't want to. I stay in my lane.
479
00:22:31,183 --> 00:22:34,394
I'm very respectful
of anyone that passes away.
480
00:22:34,478 --> 00:22:36,396
But the neighbors felt inclined
481
00:22:36,480 --> 00:22:40,650
that I was the person
to speak with the Serna family.
482
00:22:40,734 --> 00:22:42,944
I wasn't familiar with Chris.
483
00:22:43,028 --> 00:22:45,614
I just remember hearing about
his brother, and he was like,
484
00:22:45,697 --> 00:22:48,241
"Can I bring some people to do the vigil?
485
00:22:48,325 --> 00:22:50,077
And then there's going
to be some activists."
486
00:22:50,160 --> 00:22:52,037
And I was like, "Hell yeah, let's do it.
487
00:22:52,120 --> 00:22:54,164
Let's do it tonight."
You know, I was ready.
488
00:22:54,247 --> 00:22:55,916
The advice I give
489
00:22:57,459 --> 00:22:59,503
was work quickly.
490
00:22:59,586 --> 00:23:03,924
You've got 15 minutes
before the cameras go away.
491
00:23:04,007 --> 00:23:06,426
So if you hesitate
492
00:23:06,510 --> 00:23:08,845
or fail to do an interview
493
00:23:08,929 --> 00:23:11,056
or fail to protest
494
00:23:11,139 --> 00:23:14,893
or don't have a vigil,
you can lose out on valuable time
495
00:23:14,976 --> 00:23:18,188
where people just wipe their hands of it.
496
00:23:18,271 --> 00:23:21,191
I'm thinking, "I need some help,
but who can I call?"
497
00:23:21,274 --> 00:23:23,402
Because the fucking police killed my dad.
498
00:23:23,485 --> 00:23:25,320
They're supposed to be the ones helping.
499
00:23:25,404 --> 00:23:28,365
So I was, like, up in arms,
like, going crazy,
500
00:23:28,448 --> 00:23:32,160
and, like, I was talking
to anybody who would listen.
501
00:23:33,245 --> 00:23:36,289
The very night
after Francisco Serna was killed,
502
00:23:36,373 --> 00:23:38,041
his family held a vigil.
503
00:23:38,125 --> 00:23:39,668
A lot of people showed up,
504
00:23:39,751 --> 00:23:42,087
a lot of our family, friends,
505
00:23:42,170 --> 00:23:44,756
and then these people that we didn't know
506
00:23:44,840 --> 00:23:46,967
that were in the community.
507
00:23:47,050 --> 00:23:50,345
It turned out to be they were
part of these other families
508
00:23:50,429 --> 00:23:54,766
that have, you know,
family members killed by police.
509
00:23:56,101 --> 00:23:59,563
I met Laura Serna --
I believe it was that night
510
00:23:59,646 --> 00:24:03,024
at her mother's house
for the vigil for her father.
511
00:24:03,108 --> 00:24:05,068
They executed her father.
512
00:24:06,069 --> 00:24:08,280
While neighbors watched.
513
00:24:09,030 --> 00:24:10,532
And, um...
514
00:24:11,825 --> 00:24:13,034
that devastates me.
515
00:24:14,119 --> 00:24:17,456
I think this is a club that
nobody wants to be a part of,
516
00:24:17,539 --> 00:24:20,876
but it's a beautiful thing that it exists
517
00:24:20,959 --> 00:24:23,503
because otherwise there would be nothing.
518
00:24:23,587 --> 00:24:25,380
-Whose streets?
-Our streets!
519
00:24:25,464 --> 00:24:27,340
-Whose streets?
-Our streets!
520
00:24:27,424 --> 00:24:29,176
-What do we want?
-Justice!
521
00:24:29,259 --> 00:24:30,719
-When do we want it?
-Now!
522
00:24:30,802 --> 00:24:34,306
The families were moving
beyond protests in Bakersfield.
523
00:24:34,389 --> 00:24:37,476
They were pushing for new legislation
not only in California,
524
00:24:37,559 --> 00:24:39,728
but in the entire country.
525
00:24:39,811 --> 00:24:42,272
I think it just grew and grew and grew.
526
00:24:42,355 --> 00:24:44,191
We come together here in Bakersfield.
527
00:24:44,274 --> 00:24:48,361
We meet each other from northern,
southern California, or central.
528
00:24:48,904 --> 00:24:50,864
I'm proud to stand
shoulder to shoulder with you
529
00:24:50,947 --> 00:24:54,701
and have your back as we fight
to make our fundamentally broken
530
00:24:54,784 --> 00:24:57,579
criminal-justice system more just
and to change it.
531
00:24:59,915 --> 00:25:02,417
We had to go
banging on their door
532
00:25:02,501 --> 00:25:04,961
at the capital of this state, Sacramento,
533
00:25:05,045 --> 00:25:09,049
to let them know that our families
and our family members
534
00:25:09,132 --> 00:25:10,926
should never die like this.
535
00:25:11,009 --> 00:25:13,762
We both went to Sacramento for that AB392.
536
00:25:13,845 --> 00:25:16,056
It was very powerful,
537
00:25:16,556 --> 00:25:20,018
to see everyone come together
for a common cause.
538
00:25:20,101 --> 00:25:22,229
That was a huge win.
539
00:25:22,312 --> 00:25:23,355
Let us live!
540
00:25:23,438 --> 00:25:26,107
They had to see our faces.
They had to hear the names.
541
00:25:26,191 --> 00:25:27,609
I mean, we crowded the halls.
542
00:25:27,692 --> 00:25:32,739
Pass AB392!
543
00:25:32,822 --> 00:25:36,660
It was the most powerful thing
I think I've seen in a really long time.
544
00:25:36,743 --> 00:25:40,413
392 is now law in the state of California.
545
00:25:40,497 --> 00:25:43,875
It was a fascinating boom, boom, boom.
It was meeting after meeting,
546
00:25:43,959 --> 00:25:47,170
and it was, like, you know,
calls after calls after calls.
547
00:25:47,254 --> 00:25:52,008
Literally, if there's a rally
for somebody, anybody, we go.
548
00:25:52,092 --> 00:25:54,261
It's hopeful. It gives us hope.
549
00:25:56,846 --> 00:26:00,267
We call ourselves the Justice Family
because we're so close now
550
00:26:00,350 --> 00:26:03,853
and we're bonded by this, which sucks.
551
00:26:11,403 --> 00:26:14,072
The day
after Francisco Serna was killed,
552
00:26:14,155 --> 00:26:18,535
the Bakersfield City Council met
to honor the outgoing mayor.
553
00:26:18,618 --> 00:26:21,413
But the Justice Family had other plans.
554
00:26:22,664 --> 00:26:25,250
Madam Clerk,
please call the next public speaker.
555
00:26:25,333 --> 00:26:27,085
Jorge Ramirez.
556
00:26:28,837 --> 00:26:31,047
I'm talking to you from my heart,
557
00:26:31,131 --> 00:26:32,966
that there's changes to be made.
558
00:26:33,049 --> 00:26:35,885
I love my son, and I love my family.
559
00:26:35,969 --> 00:26:39,014
But I don't think it's fair
when you guys turn your back on us
560
00:26:39,097 --> 00:26:41,057
when we request answers.
561
00:26:41,141 --> 00:26:44,728
I remember the day he made me weep
as I heard a father
562
00:26:44,811 --> 00:26:46,396
get up and address the city council.
563
00:26:46,479 --> 00:26:49,107
I ask you to do the right thing
for our people, this community.
564
00:26:49,190 --> 00:26:51,026
I'm not going to stand behind,
565
00:26:51,109 --> 00:26:53,778
hiding and thinking
that everything's okay,
566
00:26:53,862 --> 00:26:54,904
because it's not.
567
00:26:54,988 --> 00:26:56,239
It's time to wake up.
568
00:26:56,323 --> 00:26:59,409
After the city council meeting,
activists and families
569
00:26:59,492 --> 00:27:02,621
discussed one more action
they could take that very day.
570
00:27:02,704 --> 00:27:04,080
And it was big.
571
00:27:05,290 --> 00:27:06,833
It might be a long shot,
572
00:27:06,916 --> 00:27:09,711
but what if we ask the attorney general
573
00:27:09,794 --> 00:27:13,423
to, like, do an investigation
into Bakersfield Police Department
574
00:27:13,506 --> 00:27:16,426
because they just killed a 73-year-old man
575
00:27:16,509 --> 00:27:18,094
and we basically, like, called, right?
576
00:27:18,178 --> 00:27:22,140
A lot of people who like to say,
you know, take responsibility
577
00:27:22,223 --> 00:27:24,351
for the Department of Justice
investigation.
578
00:27:24,434 --> 00:27:26,895
But it was really a handful
of those courageous families
579
00:27:26,978 --> 00:27:29,356
who got on the call
with the Department of Justice.
580
00:27:29,439 --> 00:27:33,026
Attorney General Kamala Harris
opened the separate investigations today,
581
00:27:33,109 --> 00:27:36,446
saying community complaints
and media coverage over the past year
582
00:27:36,529 --> 00:27:38,740
prompted the department
to open these investigations
583
00:27:38,823 --> 00:27:40,909
into potential civil rights issues.
584
00:27:41,409 --> 00:27:44,079
Kamala Harris
announced that the DOJ
585
00:27:44,162 --> 00:27:47,749
was going to launch an investigation
into the Kern County Sheriff's Office
586
00:27:47,832 --> 00:27:50,293
and the Bakersfield Police Department,
587
00:27:50,377 --> 00:27:53,588
specifically looking
at their use of force.
588
00:27:53,672 --> 00:27:55,507
That's amazing. Like, that's victory.
589
00:27:55,590 --> 00:27:57,008
Little victories at a time.
590
00:27:57,092 --> 00:27:59,719
And we're changing things.
Our voices are being heard.
591
00:28:01,471 --> 00:28:04,599
But real change
doesn't come easy.
592
00:28:15,485 --> 00:28:18,613
It's no secret
that police departments
593
00:28:18,697 --> 00:28:20,699
have a culture of protecting each other.
594
00:28:20,782 --> 00:28:24,327
And this comes up
when you're talking about
595
00:28:24,411 --> 00:28:28,206
why there are so few prosecutions
of police officers who shoot people.
596
00:28:29,958 --> 00:28:33,211
A lot of our law enforcement
comes from within the families.
597
00:28:33,294 --> 00:28:35,213
So maybe your grandpa was a police chief
598
00:28:35,296 --> 00:28:38,091
or they, you know,
were on football teams together
599
00:28:38,174 --> 00:28:39,801
or maybe raced cars together.
600
00:28:40,301 --> 00:28:42,595
It's a very "good old boys" club.
601
00:28:47,517 --> 00:28:50,478
I go to a church,
and it's a multiracial,
602
00:28:50,562 --> 00:28:52,814
multi-ethnic group church.
603
00:28:52,897 --> 00:28:56,151
And it is a beautiful place to go worship
604
00:28:56,234 --> 00:29:00,530
because you're sitting
next to Filipinos and Asians
605
00:29:00,613 --> 00:29:02,949
and Blacks and Hispanics and Whites.
606
00:29:03,032 --> 00:29:05,910
And for 20 years of my life, I didn't.
607
00:29:05,994 --> 00:29:10,039
I didn't interact or relate or socialize
608
00:29:10,540 --> 00:29:14,127
with anyone other than
609
00:29:14,210 --> 00:29:17,672
my little circle of police officers.
610
00:29:17,756 --> 00:29:19,299
That's who I socialized with.
611
00:29:21,009 --> 00:29:25,597
When you have folks
who are reviewing your wrongdoings
612
00:29:25,680 --> 00:29:29,684
and they're friends and family,
they don't want to see you get in trouble.
613
00:29:29,768 --> 00:29:32,353
You tend to protect and defend
614
00:29:32,437 --> 00:29:34,856
your colleagues at all costs,
615
00:29:34,939 --> 00:29:39,903
even when common sense and evidence
tells you otherwise.
616
00:29:40,820 --> 00:29:42,155
There's a camaraderie.
617
00:29:42,238 --> 00:29:44,032
You are going to go out,
618
00:29:44,115 --> 00:29:47,076
give up your life if necessary
619
00:29:47,160 --> 00:29:49,162
to protect that other officer.
620
00:29:49,245 --> 00:29:52,999
You're going to get in the line of fire.
You'll do whatever needs to be done.
621
00:29:53,082 --> 00:29:55,168
Toxic police culture
622
00:29:55,835 --> 00:29:58,755
forces you to kind of band together
623
00:29:58,838 --> 00:30:01,591
because it's us against them.
624
00:30:01,674 --> 00:30:03,927
That's toxic police culture.
625
00:30:04,511 --> 00:30:07,180
There's a code
where police officers are expected
626
00:30:07,263 --> 00:30:12,101
to not expose each other,
627
00:30:12,185 --> 00:30:17,649
not talk about the practices
or the procedures
628
00:30:17,732 --> 00:30:20,902
that were followed or not followed,
629
00:30:20,985 --> 00:30:26,157
basically to not talk
about other police officers, ever.
630
00:30:26,241 --> 00:30:28,827
So in Kern County
and in Bakersfield in particular,
631
00:30:28,910 --> 00:30:31,955
there's a lower level of accountability
than almost anywhere else
632
00:30:32,038 --> 00:30:33,498
in the state or in the country.
633
00:30:33,581 --> 00:30:36,709
Nationwide, you know, about 10% to 12%
634
00:30:36,793 --> 00:30:40,088
of all complaints of misconduct are upheld
635
00:30:40,171 --> 00:30:42,799
and result in some sort of accountability,
which is extremely low.
636
00:30:42,882 --> 00:30:45,510
In Bakersfield, it's 6%,
and when we look at,
637
00:30:45,593 --> 00:30:48,596
you know, some of the most serious forms
of misconduct, 0%.
638
00:30:48,680 --> 00:30:51,724
So there's less accountability here
than almost anywhere else.
639
00:30:51,808 --> 00:30:53,142
And when I say less,
640
00:30:53,226 --> 00:30:56,145
I mean functionally
zero accountability for misconduct.
641
00:31:02,485 --> 00:31:06,364
Officer accountability
oftentimes comes down to policy manuals.
642
00:31:07,198 --> 00:31:11,119
These define the latitude
that officers have regarding use of force.
643
00:31:12,245 --> 00:31:14,706
When it comes to internal discipline
644
00:31:14,789 --> 00:31:18,293
and whether officers are held accountable
for breaking the rules,
645
00:31:18,376 --> 00:31:20,378
what the rules are, of course, matters.
646
00:31:20,461 --> 00:31:24,799
So, the policy that Bakersfield
had in place in 2012
647
00:31:24,883 --> 00:31:29,095
had a very broad and permissive standard
around deadly force.
648
00:31:29,178 --> 00:31:31,890
You'll see the word "reasonable"
peppered throughout,
649
00:31:31,973 --> 00:31:33,975
especially in their policy 300,
650
00:31:34,058 --> 00:31:36,603
which governs the use of force
and deadly force.
651
00:31:36,686 --> 00:31:38,813
This "reasonableness" standard,
652
00:31:38,897 --> 00:31:42,150
that as long as the officer
reasonably believed
653
00:31:42,233 --> 00:31:44,819
that there was a threat,
an imminent threat,
654
00:31:44,903 --> 00:31:48,865
that the officer would be justified
in using deadly force.
655
00:31:48,948 --> 00:31:50,617
What that policy didn't say
656
00:31:50,700 --> 00:31:53,953
and what some cities,
for example in San Francisco,
657
00:31:54,037 --> 00:31:58,082
says, "If the officer reasonably believes
that there is an imminent threat,
658
00:31:58,166 --> 00:32:02,253
there have to be no other options
available to that officer
659
00:32:02,337 --> 00:32:06,299
before they would be allowed
to use any type of deadly force.
660
00:32:06,382 --> 00:32:09,886
I mean, I think that the broad conclusion
to draw from all of this
661
00:32:09,969 --> 00:32:14,223
is that police departments
should ask serious questions
662
00:32:14,307 --> 00:32:17,810
about whether the policies
that are being put out there
663
00:32:17,894 --> 00:32:20,396
are going to increase safety,
664
00:32:20,480 --> 00:32:23,900
the safety of the people
that they're responsible for policing.
665
00:32:25,568 --> 00:32:27,153
Hold one of these
officers accountable,
666
00:32:27,236 --> 00:32:28,947
make them lose their retirement,
667
00:32:29,030 --> 00:32:31,366
let their family know what it's like
for them to not come home
668
00:32:31,449 --> 00:32:33,159
because they're in jail for murder.
669
00:32:33,242 --> 00:32:34,577
You don't see that.
670
00:32:34,661 --> 00:32:36,287
I can't name one officer.
671
00:32:36,371 --> 00:32:38,873
And if you all can,
then please let me know
672
00:32:38,957 --> 00:32:41,876
who's been held accountable
for an officer-involved shooting or murder
673
00:32:41,960 --> 00:32:44,212
in Kern County in the last 10, 15 years.
674
00:32:44,295 --> 00:32:47,006
And I think that is part
of the frustration of the community,
675
00:32:47,090 --> 00:32:50,927
and that is what really pushed them
to seek assistance
676
00:32:51,010 --> 00:32:53,888
with the Department of Justice
to open up an investigation.
677
00:32:54,389 --> 00:32:58,518
The California DOJ's
investigation lasted five years.
678
00:32:58,601 --> 00:33:01,187
Its findings coincided
with an expansive report
679
00:33:01,270 --> 00:33:03,982
by the ACLU in 2021.
680
00:33:04,065 --> 00:33:08,528
Both concluded that the use of force
in Kern County is still a problem.
681
00:33:12,740 --> 00:33:15,535
I mean,
the conclusion was that, yes,
682
00:33:15,618 --> 00:33:17,453
they are violating people's rights.
683
00:33:17,537 --> 00:33:20,039
They are causing harm to the community.
684
00:33:20,123 --> 00:33:24,252
Excessive use of deadly force,
racially discriminatory practices,
685
00:33:24,335 --> 00:33:27,714
harassing and retaliation of individuals,
686
00:33:27,797 --> 00:33:29,549
excessive use of canines.
687
00:33:29,632 --> 00:33:32,969
Many of the same unconstitutional
patterns and practices
688
00:33:33,052 --> 00:33:37,849
were still being engaged in
by the Bakersfield Police Department.
689
00:33:38,349 --> 00:33:42,270
After delivering its findings,
the California DOJ required
690
00:33:42,353 --> 00:33:45,231
that the BPD engage
in a wide set of reforms
691
00:33:45,314 --> 00:33:47,525
under the watch
of the state attorney general.
692
00:33:47,608 --> 00:33:51,237
Today, we are announcing
that the California Department of Justice
693
00:33:51,320 --> 00:33:53,614
has entered into a stipulated judgment
694
00:33:53,698 --> 00:33:58,244
with the city of Bakersfield
and the Bakersfield Police Department.
695
00:33:58,327 --> 00:34:00,580
It entered into a consent decree,
696
00:34:00,663 --> 00:34:04,167
guiding the department on how to reform
and correct its practices.
697
00:34:04,959 --> 00:34:09,297
It installed a monitoring team to oversee
the implementation of the decree.
698
00:34:09,380 --> 00:34:11,883
We believe the state's concerns
are unfounded,
699
00:34:11,966 --> 00:34:14,010
and we have nothing to hide.
700
00:34:14,093 --> 00:34:17,305
Over the years, courts and judges
have consistently validated
701
00:34:17,388 --> 00:34:18,890
the police department's efforts
702
00:34:18,973 --> 00:34:21,142
to preserve the civil rights
of our residents.
703
00:34:21,225 --> 00:34:27,106
Police agencies are not as afraid
of these consent decrees
704
00:34:27,190 --> 00:34:30,151
and judgments as they once were.
705
00:34:30,234 --> 00:34:33,738
Well, the monitor is just doing just that,
they're monitoring.
706
00:34:33,821 --> 00:34:36,908
Some experts say
that consent decrees call for monitoring
707
00:34:36,991 --> 00:34:39,577
but offer few real incentives
or punishments,
708
00:34:39,660 --> 00:34:43,247
failing to move departments
toward substantive changes.
709
00:34:43,331 --> 00:34:45,500
Departments, they say, can subscribe
710
00:34:45,583 --> 00:34:47,794
without improving
the behavior in question.
711
00:34:48,753 --> 00:34:50,546
We don't agree on everything
712
00:34:50,630 --> 00:34:53,382
that the attorney general has said.
713
00:34:53,466 --> 00:34:56,344
We do not believe that the men
and women of this organization
714
00:34:56,427 --> 00:34:59,222
have ever violated constitutional rights,
715
00:34:59,305 --> 00:35:01,974
have ever used excessive force
716
00:35:02,058 --> 00:35:06,229
that we didn't deal with
punitively when we found.
717
00:35:06,312 --> 00:35:09,440
That just doesn't happen
in our organization.
718
00:35:09,524 --> 00:35:10,525
With that said...
719
00:35:10,608 --> 00:35:12,985
Carrot and a stick.
720
00:35:13,069 --> 00:35:15,738
You either incentivize them--
721
00:35:15,822 --> 00:35:18,616
that means additional resources
and funding--
722
00:35:18,699 --> 00:35:20,368
or you penalize them.
723
00:35:20,952 --> 00:35:22,995
Punish them in prison.
724
00:35:23,079 --> 00:35:25,706
Jail, convictions.
725
00:35:25,790 --> 00:35:28,543
Anything other than those two things
726
00:35:28,626 --> 00:35:32,421
has no impact on the toxicity
727
00:35:32,505 --> 00:35:35,800
that still exists in many
of our law-enforcement agencies.
728
00:35:58,906 --> 00:36:02,076
I planted my garden
in memory of my son.
729
00:36:04,579 --> 00:36:09,458
Because I'm able to spend time
with him out here on a daily basis,
730
00:36:09,542 --> 00:36:11,127
and I feel him with me.
731
00:36:13,045 --> 00:36:14,380
All the time.
732
00:36:16,757 --> 00:36:19,969
I want people
to remember my son as a person that--
733
00:36:20,052 --> 00:36:22,013
he tried to make it in his life.
734
00:36:22,096 --> 00:36:24,765
He was not perfect. No one's perfect.
735
00:36:25,600 --> 00:36:29,061
But he was it.
He was a man that loved his family.
736
00:36:30,396 --> 00:36:32,607
Just because somebody has a past,
737
00:36:32,690 --> 00:36:34,358
it's not who they are.
738
00:36:34,442 --> 00:36:36,736
It doesn't define who you are today.
739
00:36:36,819 --> 00:36:39,322
And my brother was an amazing person.
740
00:36:39,405 --> 00:36:42,825
He was so full of life.
741
00:36:42,909 --> 00:36:44,619
He had amazing kids.
742
00:36:44,702 --> 00:36:45,995
And...
743
00:36:46,078 --> 00:36:47,246
I'm sorry.
744
00:36:51,751 --> 00:36:54,962
If James was in front of me
right now, I'd...
745
00:36:55,880 --> 00:36:59,634
probably just want
to give him a hug and cry.
746
00:36:59,717 --> 00:37:01,302
Tell him I love him.
747
00:37:02,929 --> 00:37:06,140
I'd just tell him,
"I hope you're proud of me."
748
00:37:09,185 --> 00:37:11,062
I just feel, if he was here,
749
00:37:12,563 --> 00:37:16,317
I would look at him
as if I was five years old again.
750
00:37:17,276 --> 00:37:19,362
Run and jump into his arms,
751
00:37:19,445 --> 00:37:22,406
like when he would come home from work.
752
00:37:27,078 --> 00:37:29,247
I wish I could do that with him today.
753
00:37:32,458 --> 00:37:33,709
I miss him.
754
00:37:37,296 --> 00:37:40,758
David was a very jovial young man,
755
00:37:40,841 --> 00:37:44,762
and this is what he would bring me
756
00:37:44,845 --> 00:37:48,557
every Mother's Day-- peanut brittle,
757
00:37:48,641 --> 00:37:50,685
because he knows I love it.
758
00:37:50,768 --> 00:37:53,271
He was just a good boy.
759
00:37:54,146 --> 00:37:55,856
David didn't get justice.
760
00:37:55,940 --> 00:37:58,067
Justice, for me, would be getting,
761
00:37:58,150 --> 00:38:00,444
now, another family justice.
762
00:38:00,528 --> 00:38:04,365
So having an officer
being held accountable.
763
00:38:04,448 --> 00:38:07,285
If an officer's doing a bad job
or killing somebody,
764
00:38:07,368 --> 00:38:09,287
you know, maybe serve some time in jail.
765
00:38:09,370 --> 00:38:11,372
We haven't even got close to that yet.
766
00:38:11,455 --> 00:38:15,543
And that's all we want to see
is we want to see these officers
767
00:38:15,626 --> 00:38:19,297
held accountable for what they have done
768
00:38:19,380 --> 00:38:21,299
to our children.
769
00:38:30,099 --> 00:38:33,060
Watchdog organizations
state that efforts at reform
770
00:38:33,144 --> 00:38:35,813
in Bakersfield have not had
a meaningful impact
771
00:38:35,896 --> 00:38:37,982
on the frequency of police killings
772
00:38:38,065 --> 00:38:42,320
or the number of police officers
held criminally liable.
773
00:38:42,403 --> 00:38:45,573
So, functionally,
there is almost zero accountability
774
00:38:45,656 --> 00:38:49,618
for police use of deadly force
in Bakersfield, in Kern County.
775
00:38:49,702 --> 00:38:51,912
So that pathway, functionally,
does not exist
776
00:38:51,996 --> 00:38:53,706
in city of Bakersfield either.
777
00:38:53,789 --> 00:38:56,625
The only other pathway
is the financial accountability,
778
00:38:56,709 --> 00:38:59,128
suing the police and getting some sort
779
00:38:59,211 --> 00:39:01,881
of misconduct settlement payout
in response.
780
00:39:04,467 --> 00:39:06,927
I could have took it to trial.
781
00:39:07,011 --> 00:39:09,430
But they wanted to run
my past in the ground.
782
00:39:09,513 --> 00:39:11,015
My son's past on the ground.
783
00:39:11,098 --> 00:39:13,225
Our whole family's in the ground.
784
00:39:15,353 --> 00:39:18,272
So I accepted $100,000.
785
00:39:23,402 --> 00:39:25,154
For my grandchildren.
786
00:39:25,237 --> 00:39:26,989
I know it's nothing,
787
00:39:28,240 --> 00:39:30,451
but that's a form of guilt to me,
788
00:39:30,534 --> 00:39:32,620
because if you give me a dollar,
789
00:39:32,703 --> 00:39:35,331
you're guilty of murdering my son.
790
00:39:42,630 --> 00:39:45,883
While, in the past,
there have been family members,
791
00:39:45,966 --> 00:39:48,302
community members
who have received payouts,
792
00:39:48,386 --> 00:39:50,179
there are a set of laws and policies
793
00:39:50,262 --> 00:39:52,223
that prevent that pathway
794
00:39:52,306 --> 00:39:55,017
from ultimately holding
the police accountable.
795
00:39:55,101 --> 00:39:56,435
When we filed a lawsuit,
796
00:39:56,519 --> 00:40:01,065
we didn't actually know
it was a money civil lawsuit.
797
00:40:01,148 --> 00:40:04,443
We never knew that the civil lawsuit
798
00:40:04,527 --> 00:40:07,571
wasn't going to bring criminal charges
against these officers.
799
00:40:07,655 --> 00:40:09,490
We kept, you know, calling our lawyers
800
00:40:09,573 --> 00:40:12,159
and they were, you know,
"This is what it is."
801
00:40:12,243 --> 00:40:14,578
Justice is, you know, it's money.
802
00:40:14,662 --> 00:40:17,748
They're shoving money
down families' throats, to shut you up,
803
00:40:17,832 --> 00:40:20,584
is not fixing the problem
we have in our community.
804
00:40:20,668 --> 00:40:23,295
It's covering it up, and that's not okay.
805
00:40:23,379 --> 00:40:25,548
The settlement
didn't settle anything.
806
00:40:25,631 --> 00:40:27,049
It was just an agreement
807
00:40:28,467 --> 00:40:31,554
between our law firm and the county.
808
00:40:31,637 --> 00:40:33,556
Some are out-of-court settlements.
809
00:40:33,639 --> 00:40:36,100
Some happen in a lawsuit,
810
00:40:36,183 --> 00:40:39,854
but generally they don't include
an admission of liability.
811
00:40:40,729 --> 00:40:44,650
So, the money that Bakersfield
is paying out to family members,
812
00:40:44,733 --> 00:40:47,528
that doesn't come
from police-officer salary.
813
00:40:47,611 --> 00:40:48,737
They don't pay anything for it.
814
00:40:48,821 --> 00:40:50,948
It's the very own taxpayers
815
00:40:51,031 --> 00:40:53,284
who end up paying
for these type of settlements.
816
00:40:53,367 --> 00:40:54,618
And so this creates a question, right?
817
00:40:54,702 --> 00:40:57,413
Whether it's even a mechanism
to hold police officers accountable
818
00:40:57,496 --> 00:40:59,623
if there's not that financial incentive.
819
00:40:59,707 --> 00:41:01,041
If we start going after their pension,
820
00:41:01,125 --> 00:41:03,627
they start going after money
that's coming out of their pocket,
821
00:41:03,711 --> 00:41:05,337
I guarantee you,
things are going to change.
822
00:41:05,421 --> 00:41:08,340
Things will change,
but if it's on public finances,
823
00:41:08,424 --> 00:41:10,759
it ain't going to change,
it ain't going to get better.
824
00:41:10,843 --> 00:41:14,054
Reporters have found examples
of thousands of police officers
825
00:41:14,138 --> 00:41:16,807
who their departments have paid out
multiple settlements
826
00:41:16,891 --> 00:41:19,768
for their conduct for things
that they've been accused of.
827
00:41:19,852 --> 00:41:22,646
And nobody's really keeping track
828
00:41:22,730 --> 00:41:24,899
of the officers
who have those track records.
829
00:41:27,026 --> 00:41:30,696
People have lost loved ones
that are not returning.
830
00:41:30,779 --> 00:41:36,785
And to suggest that justice
in some way exists
831
00:41:36,869 --> 00:41:42,666
by the end of a civil case
is fundamentally unfair
832
00:41:42,750 --> 00:41:44,919
to the families who have lost loved ones
833
00:41:45,002 --> 00:41:47,338
who have to live with this
for the rest of their life.
834
00:41:48,464 --> 00:41:49,882
Quite frankly,
835
00:41:49,965 --> 00:41:52,885
I don't know the amount
that people place on human life,
836
00:41:52,968 --> 00:41:57,348
but I think it's worth more
than a few million dollars.
837
00:42:11,987 --> 00:42:14,657
-This is the one I like.
-We'll wash that one, too.
838
00:42:14,740 --> 00:42:17,326
I like that one, too,
but we have to get it cleaned up.
839
00:42:17,910 --> 00:42:19,537
I cannot give up.
840
00:42:19,620 --> 00:42:21,413
He gave it all he had in the ring.
841
00:42:21,497 --> 00:42:23,582
He gave it all he had in life.
842
00:42:23,666 --> 00:42:27,920
Now I have to see
that I give it all I got for him.
843
00:42:28,003 --> 00:42:29,713
This was one of my last pictures with him.
844
00:42:29,797 --> 00:42:31,423
It got all messed up.
845
00:42:31,507 --> 00:42:34,468
This was at grandpa's party.
846
00:42:35,719 --> 00:42:38,389
Justice for my brother is different now.
847
00:42:38,472 --> 00:42:42,810
Justice for my brother now
is changing things in his honor
848
00:42:42,893 --> 00:42:45,688
and saving another person's life,
849
00:42:45,771 --> 00:42:47,940
you know, saving another family
from having to go through
850
00:42:48,023 --> 00:42:50,651
what we had to go through
the last eight years,
851
00:42:50,734 --> 00:42:53,821
because it literally will destroy you.
852
00:43:06,584 --> 00:43:08,544
The days aren't the same anymore.
853
00:43:09,545 --> 00:43:14,592
You try to make them
as normal as possible.
854
00:43:16,844 --> 00:43:18,762
But life is just not the same.
855
00:43:19,388 --> 00:43:22,474
I don't interact with people
outside of work.
856
00:43:22,558 --> 00:43:25,102
There are days where I don't see people.
857
00:43:25,185 --> 00:43:27,521
I spend a lot of time pacing.
858
00:43:28,480 --> 00:43:30,399
It changes everything. It changes...
859
00:43:30,482 --> 00:43:33,652
It isn't a one-time experience.
860
00:43:33,736 --> 00:43:36,071
It isn't a phase or fad.
861
00:43:36,155 --> 00:43:37,823
It's life.
862
00:43:37,906 --> 00:43:39,742
And it's real.
863
00:43:44,663 --> 00:43:47,625
I don't think
a mother can explain...
864
00:43:48,542 --> 00:43:52,421
um, the loss so deep.
865
00:43:53,339 --> 00:43:55,007
And...
866
00:43:56,467 --> 00:43:59,803
I think that as years go by,
867
00:43:59,887 --> 00:44:02,348
not many people say it will get easier.
868
00:44:02,431 --> 00:44:04,683
No, it doesn't get easier.
869
00:44:04,767 --> 00:44:07,519
I struggled a lot.
870
00:44:07,603 --> 00:44:10,189
I don't go out as often.
871
00:44:12,107 --> 00:44:14,193
I'm just more of a homebody.
872
00:44:14,276 --> 00:44:15,861
-Hands up.
-Don't shoot.
873
00:44:15,944 --> 00:44:17,571
-Hands up.
-Don't shoot.
874
00:44:17,655 --> 00:44:19,114
-What do we want?
-Justice.
875
00:44:19,198 --> 00:44:20,658
-When do we want it?
-Now.
876
00:44:20,741 --> 00:44:23,410
I think organizing helps me cope,
877
00:44:23,494 --> 00:44:26,413
and I don't want to be stuck
in my depression.
878
00:44:26,497 --> 00:44:28,874
I don't want to be stuck in my sadness.
879
00:44:28,957 --> 00:44:33,462
No justice, no peace, no killer police.
880
00:44:33,545 --> 00:44:36,965
It does take a lot of courage
to come out and to speak up.
881
00:44:37,049 --> 00:44:39,885
You know, they're not powerful people.
They're not rich people.
882
00:44:39,968 --> 00:44:41,887
They're not the sort of people
883
00:44:41,970 --> 00:44:46,016
who you might expect to wield influence.
884
00:44:46,100 --> 00:44:50,020
But the pain that they felt
over the loss of their son,
885
00:44:50,104 --> 00:44:55,150
their brother,
it really drove them to fight.
886
00:44:55,234 --> 00:44:58,987
To fight to get journalists like me
to pay attention to them
887
00:44:59,071 --> 00:45:02,199
and to fight to make sure that,
in the future,
888
00:45:03,283 --> 00:45:05,411
things don't happen to other people
889
00:45:05,494 --> 00:45:07,079
like they did to their loved one.
890
00:45:07,162 --> 00:45:08,997
Bakersfield Police Department
killed my dad.
891
00:45:09,081 --> 00:45:11,208
They murdered my dad in cold blood.
892
00:45:11,291 --> 00:45:14,086
They shot my son in the back seven times.
893
00:45:14,169 --> 00:45:17,047
-Five times.
-He was shot and died.
894
00:45:18,632 --> 00:45:20,551
Our pain is equal here.
895
00:45:20,634 --> 00:45:22,594
We're all suffering every day
896
00:45:22,678 --> 00:45:25,848
thinking about our loved ones
that are not here with us anymore.
897
00:45:30,269 --> 00:45:33,522
We're here to stand up for them.
898
00:45:37,234 --> 00:45:39,445
Okay. One, two, three.
899
00:45:42,823 --> 00:45:45,451
We love you! Whoo!
900
00:45:53,250 --> 00:45:55,753
You know,
I do have hope that, you know,
901
00:45:55,836 --> 00:45:57,671
somebody sees what I see.
902
00:45:57,755 --> 00:46:00,132
You don't have to experience
what I experience
903
00:46:01,091 --> 00:46:03,677
to really understand
that there's a problem here.
904
00:46:03,761 --> 00:46:07,473
But if you don't change it,
it's going to keep happening.
905
00:46:10,851 --> 00:46:14,271
I hope one day
Bakersfield will stand up
906
00:46:14,354 --> 00:46:16,857
and come together as a community
907
00:46:16,940 --> 00:46:19,902
and demand change
within their law enforcement.
908
00:46:21,653 --> 00:46:24,990
That's what I hope for, for all of us.
909
00:46:25,073 --> 00:46:29,453
We get some kind of justice and change.
910
00:46:31,371 --> 00:46:35,042
So I'm willing to keep
putting that time in
911
00:46:35,125 --> 00:46:37,252
and be Jason's voice
912
00:46:37,336 --> 00:46:39,755
and stand beside the other families
913
00:46:39,838 --> 00:46:43,383
that have suffered the same pain
that I suffer with daily.
72005
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