San Francisco District Attorney George Gascon Concluded BART Police Officer Acted In Self-Defense
San Francisco District Attorney George Gascon has concluded that a BART police officer "acted lawfully in self-defense" when he fatally shot a knife-wielding homeless man at the Civic Center station in San Francisco last summer.
Gascon said in a seven-page report to San Francisco Police Chief Greg Suhr that based on a thorough review of the law, witness statements and medical and physical evidence, "there appears no reasonable factual or legal basis upon which to charge" Officer James Crowell for the fatal shooting of 45-year-old Charles Hill at about 9:45 p.m. on July 3.
The report was sent to Suhr last Wednesday and was made public Tuesday. Copies were also sent to BART Police Chief Kenton Rainey, Crowell and Lt. Hector Sainer in the San Francisco Police Department's homicide unit.
Gascon said doctors who examined toxicology reports on Hill concluded that he was high on a combination of alcohol, methamphetamine and synthetic marijuana.
According to Gascon, Dr. Nikolas Lemos, chief forensic toxicologist for the San Francisco Medical Examiner's Office, said the combination of substances had a "synergistic" effect on Hill and the combination of depressants and hallucinogens compounded the effect of each other "exponentially."
The report said Lemos believes Hill was "a chronic methamphetamine user" and he has rarely seen people with such a high level of methamphetamine in their body who were still alive.
Dale Allen, an attorney who represents BART, said Gascon's report "supports our belief that Officer Crowell acted appropriately and in fear of his life" when he shot and killed Hill.
But Oakland attorney John Burris, who recently filed a wrongful death and civil rights lawsuit in federal court on behalf of Hill's family, said, "We won't be deterred and will go forward with the lawsuit. This report has no effect on us."
He said he's sued many police officers and agencies in his long legal career and in only one case have prosecutors filed charges against an officer who killed a suspect.
Two Arrested In San Jose In Connection With Gang-Related Stabbing
A 15-year-old boy and his mother were arrested in San Jose on Thursday in connection with the gang-related stabbing of a 13-year-old boy, police said.
Police Sgt. Jason Dwyer said at about noon on Thursday, a woman drove her 15-year-old son to the 2700 block of Glen Firth Drive, where a verbal altercation occurred between him and a 13-year-old boy.
At some point, the 15-year-old got out of the car and stabbed the 13-year-old boy and then got back into his mother's car and she drove away.
The victim was transported to a hospital with non-life threatening injuries.
The mother, identified as 42-year-old Margaret Juanita Suazo, and her son were booked on attempted murder charges.
Police are looking for a third suspect who is not related to Suazo and her son, Dwyer said.
Prop 8 Sponsors Ask San Francisco Federal Appeals Court To Uphold Same-Sex Marriage Ban
Calling the case one of "exceptional importance," the sponsors of California's Proposition 8 asked a federal appeals court in San Francisco Tuesday to uphold the ban on same-sex marriage.
The measure's sponsors asked the 9th U.S. Circuit Court of Appeals to have an 11-judge panel reconsider and overturn a ruling in which a smaller panel struck down Proposition 8 on Feb. 7.
In that decision, a three-judge panel said by a 2-1 vote the 2008 voter initiative violates the U.S. Constitution's 14th Amendment guarantee of equal treatment without a legitimate reason.
That decision has been put on hold during the appeals process and Proposition 8 remains in effect.
The measure's sponsors argued in a brief filed Tuesday that state voters had a rational basis for approving it -- an intent to ensure that procreation by male-female couples would be channeled into "enduring, stable unions" and responsible child-rearing.
"Californians draw the line at redefining marriage to include same-sex couples not because they disapprove of gays and lesbians as a class, but because they believe that the traditional definition of marriage continues to meaningfully serve society's legitimate interests," the sponsors' lawyers wrote.
The initiative's sponsors had previously vowed to appeal the Feb. 7 ruling, but had not said until Tuesday whether they would seek review by an expanded 11-judge panel or go directly to the Supreme Court.
Andrew Pugno, a lawyer for the sponsors and their committee, Protect Marriage, said, "After careful consideration, we determined that asking for reconsideration by the full 9th Circuit is in the best interests of defending Proposition 8.
Theodore Boutrous, a lawyer for two same-sex couples who challenged the constitutionality of Proposition 8, said they will oppose the bid for reconsideration.
"Because our plaintiffs have the right to get married...we will seek to bring that fundamental right to reality at the earliest possible time for the tens of thousands of Californians who are being denied basic justice, due process and equality," the attorney said.
Under the circuit court's rules, the plaintiffs will have an opportunity to file their opposition to the petition for reconsideration. There is no deadline for such a filing.
Contra Costa County Board Of Supervisors Hear Concerns About Sufism Sanctuary
The Contra Costa County Board of Supervisors Tuesday heard concerns from residents of an unincorporated Walnut Creek neighborhood surrounding the proposed site of a $20-million, 3-acre Sufism sanctuary.
During the special meeting in Walnut Creek, attended by hundreds of area residents, the board heard from homeowners living near the proposed site of the "Sufism Reoriented" project in the 1300 block of Boulevard Way and from the project's directors.
Those homeowners are appealing the county planning commission's recent decision to approve the religious sanctuary project's environmental impact report.
The board is set to decide whether to approve the environmental impact report for the project, which includes a 66,000 square-foot building housing a 20,000 square-foot prayer hall, offices, library, classroom and performance space, according to a county staff report.
Board members are considering whether to deny appeals from the Saranap Homeowners Organization and other area residents who say the project would overburden the neighborhood with additional traffic, noise and air pollution and out-of-place architecture.
Since the proposed sanctuary would have just 74 parking spots for its roughly 375 members -- with a pledge that many will rely on alternative forms of transportation -- several residents Tuesday said they worry their streets will be used for overflow parking, especially during weddings and other major events.
If approved as is, area homeowner Mark Redmond said the project "would set a dangerous precedent" for future large-scale projects that choose to offer minimal on-site parking.
Another Saranap homeowner, Terrence Barnham, said the project will likely take longer to build than projected, creating noisy conditions for area residents for at least two years.
Many of the homeowners who spoke in opposition to the current project said their appeals have nothing to do with accepting Sufism and are based on concerns that the sprawling site would be too big for the neighborhood.
But Sufism Reoriented representatives told the board that county documents show the proposed new spiritual center has "unprecedented support" from surrounding residents, many of whom belong to the religious organization, which is now housed less than a mile from the proposed site.
Bob Carpenter, the project's director, said the congregation needs a larger spiritual center and grounds in order to house all of the organization's religious activities on one site, following a key tenet of spiritual unity across the organization.
Mother Of Berkeley Hill Beating Suspect States Son Has Mental Illness
The mother of a 23-year-old man who is accused of beating a Berkeley hills homeowner to death said Tuesday that he's been mentally ill for more than four years but was neglected by the mental health system.
Candy Dewitt, the mother of Daniel Jordan Dewitt of Alameda, said her son became mentally ill after he turned 18 but she was never able to get him into a permanent treatment program.
Berkeley police arrested Daniel Dewitt Saturday night for allegedly killing Peter Cukor, 67, who lived on Park Gate Road near the Shasta Road entrance to Tilden Park.
Cukor owned a consulting company that provided logistics help for the transportation industry.
According to the company's website, Cukor had an undergraduate degree in chemical engineering from the Massachusetts Institute of Technology and a doctorate in chemical engineering from the University of California at Berkeley.
Berkeley police said they initially received a report on Saturday night of a suspicious person who possibly was trespassing on the homeowner's property.
They said they later received a call of an attack in progress on Park Gate Road and immediately responded.
The victim was treated at the scene by the first police officer who responded before being taken to a local trauma center by Berkeley Fire Department paramedics, police said.
He was pronounced dead at the hospital.
Dewitt is scheduled to be arraigned in Alameda County Superior Court today. The District Attorney's Office is still reviewing the case and hasn't yet filed any charges.
Candy Dewitt said her son graduated from Alameda High School in 2007 and played on the school's football team.
Dewitt said that because the mental health system neglected her son, "They have now made victims of two more people," referring to the homicide victim and her son.
Man Arrested In San Ramon On Suspicion Of Attempted Murder
Police arrested a 27-year-old man in San Ramon Monday night on suspicion of attempted murder after he allegedly beat his mother with a baseball bat.
Officers responded shortly before midnight to a report of an elderly woman on Durango Lane who was bleeding badly and yelling for help, police said.
Officers at the scene learned that the woman's son, Aaron Ricks, was apparently responsible for the assault, police said.
Police found Ricks a short time later on the front porch of the home, where he also lives, armed with a baseball bat, according to police.
Police said officers used a non-lethal projectile to disarm Ricks
before arresting him.
His injured mother, who is in her early 60s, was taken to John Muir Medical Center in Walnut Creek to be treated for significant head and body injuries suffered during the assault, according to Lt. Dan Pratt.
Ricks was booked into Martinez Detention Facility where he is being held on $1 million bail, Pratt said.
Video Of Hall Of Fame Football Player Daughter Strangler's Confession Shown In Court
A man on trial for strangling the daughter of a Hall of Fame football player in 1999 broke down in court Tuesday as prosecutors showed an emotional video of his confession just days after the murder.
Mohammed Haroon Ali, 36, is charged with killing his girlfriend Tracey Biletnikoff -- the daughter of former Oakland Raiders wide receiver Fred Biletnikoff -- on Feb. 15, 1999 at a drug rehab facility in San Mateo.
District Attorney Steve Wagstaffe Tuesday morning showed a videotape of Ali and San Mateo County Sheriff's Detective Doug Steiner, who questioned the defendant on Feb. 18 in San Diego after he was arrested trying to cross the border from Mexico in Biletnikoff's car.
During the interview, Ali said he was inspired to tell the truth by a dream he had while in jail, in which Tracey appeared all in white surrounded by clouds.
Ali then described in detail the fight with his girlfriend that took place in the office at "Friendship Hall," a meeting place at the Project 90 substance abuse treatment center where both had been through rehab for drug addictions and worked as counselors.
Ali said she stood in the office doorway and refused to let him leave.
He said he grabbed her by the shoulders and told her to move.
When she refused to move, Ali said his hands moved from her shoulders to her neck.
Ali said that a vicious struggle ensued, with Biletnikoff swinging her fists wildly at his face and head while he continued to strangle her and force her onto the ground.
Biletnikoff's body became limp in Ali's arms and "white stuff" came out of her mouth, he said.
While that moment of the videotaped confession played on a screen in front of the courtroom, Ali sat with his head down and sobbed.
Ali faces life in prison if convicted of first-degree murder.
Defense attorney Peter Goldscheider has argued that the homicide was a crime of passion, which carries a much shorter sentence.
This is the second time that Ali has been on trial in San Mateo County Superior Court for the 1999 murder.
He was convicted of first-degree murder in 2001 and sentenced to 64 years to life in prison.
In 2009, an appellate court overturned the conviction stating that prosecutors had improperly dismissed at least one black juror, thus requiring a retrial.
Two Arrested After Leaving Santa Cruz Minimum-Security Jail
Two women were arrested on Friday after walking away from a minimum-security jail in Santa Cruz last week, a sheriff's spokeswoman said Tuesday.
Sarah Marko, 20 and Brittany Beus, 22, left the Blaine Street Women's Facility on Feb. 13, Santa Cruz County sheriff's spokeswoman April Skalland said.
The women had been brought over from the county's main jail to the Blaine Street facility at 11 a.m. that day and were processed, Skalland said. A short time later, they were seen running away from the facility.
Skalland said the Blaine Street facility is for inmates who are not considered a flight risk. Inmates are allowed to go outside, work and are not locked up.
"Brittany and Sarah will never be allowed to go back to Blaine Street. They will now go to the main jail," Skalland said.
Beus was arrested at 5:18 p.m. on Friday in a car at state Highway 9 and Mill Street in Ben Lomond in the Santa Cruz Mountains. James Eddy, who was with Beus, was arrested for possession of stolen property, Skalland said.
Marko was arrested around 11 p.m. on Friday while walking with Brittany's brother, Nicholas Beus, a parolee at large. They were spotted near Capitola Road Extension and Soquel Drive near the eastern edge of Santa Cruz city limits.
Nicholas Beus ran from deputies and is still wanted for his parole warrant and new charges, Skalland said.
Felony Criminal Charges Filed Against Team That Formerly Ran Alameda County Job Training, Education And Housing Program
Felony criminal charges have been filed against a husband and wife team who used to run an Alameda County agency that was supposed to help low-income people and parolees with job training, education and housing needs.
The charges against Nanette Dillard and Paul Daniels come about a year after county officials learned that the county's Associated Community Action Program, or ACAP, had gone bankrupt and disbanded the agency, which had operated for more than 30 years.
Dillard was the agency's executive director and Daniels was its grants manager.
They are charged with grand theft, conspiracy to commit a crime and crime by a public officer.
Alameda County District Attorney Nancy O'Malley alleged that Dillard and Daniels misused more than $400,000 in county and federal funds.
O'Malley also alleged that they used public money for personal benefits, including spa services and expensive dinners, that weren't work-related and used ACAP-contracted staff for work on their home as well as at the home of Dillard's brother.
O'Malley said in a statement, "When public officials misappropriate and mismanage funds, not only do they break the law, but they also violate the public's trust in our government agencies. My office will remain vigilant in the investigation and prosecution of crimes involving public corruption."
MythBusters Stars Return To Dublin To Speak To Students About Science And Engineering
Stars of the television show "MythBusters" are returning to Dublin today to speak to students about science and engineering less than three months after the show's team accidentally sent a cannonball into a local neighborhood.
Adam Savage and Kari Byron, two stars of the Discovery Channel show that examines the validity of popular myths and urban legends, will be speaking today at Dublin High School as part of National Engineers Week, answering questions from students in a moderated panel session.
The show became infamous in Dublin on Dec. 6 when one of its experiments went awry at the Alameda County bomb range, sending a cannonball into a nearby neighborhood.
The 30-pound projectile missed its mark at the range, instead careening off into the neighborhood where it damaged two homes and a parked car. No one was injured in the incident.
Officials from the San Francisco-based show apologized to the affected residents in the days after the incident, and held a community meeting on Dec. 17 to address concerns about safety.
After the accident, the Alameda County Sheriff's Office closed the range and MythBusters, which had conducted experiments there for years under the supervision of the sheriff's office, also suspending any filming at the site.
Shelley Fischer, administrative assistant in the superintendent's office for Dublin Unified School District, said she expects questions about the December mishap to come up during today's event.
"But that wasn't the intent," Fischer said. "We hope the focus is on the science and engineering part."
Today's event has generated a lot of interest in the area. Fischer said there were seats for 1,000 people, with district students and their families getting priority admission, and all the tickets were snatched up within 24 hours.
Following the panel discussion, there will be demonstrations from local school robotics clubs and other science students. University of California at Berkeley and other local colleges are also participating in the event, Fischer said.
San Francisco Bay Area Weather Forecast
Sunny skies are likely in the Bay Area today. Highs are expected to be in the upper 60s.
Clear skies are likely tonight. Lows are expected to be in the upper 40s.
Sunshine is expected Thursday. Highs are likely to be in the upper 60s.
Sign up for our weekly newsletter and join the conversation on Facebook.
Check out some of our most popular blogs:
Universal Internet Access for All San Franciscans
Why is San Francisco So Dirty?
Connect
