SF News

Key Witness in MS-13 Gang Trial Convicted for Lying About Involvement in Murders

A Honduran man who prosecutors hoped would be a star witness in an MS-13 gang trial has been convicted in federal court in San Francisco of lying about having taken part in eight murders in his native country. Former MS-13, or Mara Salvatrucha, gang member Roberto Acosta was convicted by a jury in the court of U.S. District Judge Charles Breyer on Tuesday of making a false statement to federal authorities. He will be sentenced by Breyer on Oct. 5 and faces up to five years in prison. Acosta, whose gang nicknames were "Zoro" and "Little Bad Boy," became an informant and infiltrated a San Francisco branch of the gang in 2005 and 2006 and again in 2008, when he returned illegally to the United States after having been deported. Federal prosecutors had expected him to give key testimony at the current racketeering and murder conspiracy trial in San Francisco of seven members of MS-13's 20th Street Clique, which was based at the 20th and Mission streets in the city. That trial began in April in the court of U.S. District Judge William Alsup and is expected to continue into August. But in February, Acosta told a federal prosecutor and immigration agents for the first time that he had taken part in eight gang-related murders in Honduras in 2003 and 2004, participating directly in five and arranging for three others. Acosta had not previously disclosed those murders to his handlers, despite repeatedly having been asked to reveal previous acts of violence, according to a trial brief filed by prosecutors. Prosecutors then cancelled plans to use Acosta as a witness. On March 29, a week before the gang trial began, they obtained a grand jury indictment accusing him of lying. "Acosta's failure to disclose his participation in the eight murders, despite repeated questions about the same, form the basis of the charge against him," Assistant U.S. Attorney Christine Wong wrote in the trial brief filed this month.

Chilean Government Helps Boost Reward for Info About Killer of Adolfo Ignacio Celedon Bravo to $20,000

A contribution from the Chilean government has boosted the reward for information leading to the killer of Adolfo Ignacio Celedon Bravo to $20,000, according to Berkeley police. Bravo, a Chilean citizen, had recently moved to Berkeley to be with his fiancee when he was shot during a robbery attempt in the early morning of Sept. 12, 2010. The City of Berkeley and the Bay Area Crime Stoppers previously had offered a reward of $17,000, but the Chilean government has added to that reward following strong interest from the people of Chile. Berkeley police spokeswoman Sgt. Mary Kusmiss said Bravo's story was covered extensively by major news outlets in Chile. "It was of great interest to the Chilean community. A promising young man coming to the United States to follow his dreams," she said. "We receive emails every other week from four different national media outlets in Chile asking for information," Kusmiss said.

SJ Tech Museum Invites Harry Potter Fans to Premiere Party

Fans of the beloved "Harry Potter" film series are invited to dress as their favorite character and come to the Tech Museum in San Jose today for a premiere party celebrating the end of the decade-long franchise. Fans will likely start lining the red carpet for the sold-out party early in the day, but the party inside the museum begins at 10 p.m., followed by a 12:01 a.m. premiere of "Harry Potter and the Deathly Hallows: Part 2." Hagrid, a big-bellied character who is over 7 feet tall, is expected to emerge from his one-room hut to greet and entertain fans while they wait. Prizes will be given to the first person in line and the person with the best costume, as well as for in-theater trivia games and a literary quest. Inside the museum, fans will be treated to chocolate frogs, sweet pumpkin pasties and swigs of non-alcoholic butter beer amid music from the film series. They can take photos with life-size standees in a room designed to look like The Great Hall. Roqua Montez, a spokesman for the museum, said he anticipates an attendance of anywhere from 300 to 400 fans. "When we put the tickets on sale, they sold out in 90 minutes," he said. To accommodate fans that could not get tickets to the first show, an additional screening was added for 2:30 a.m. As of Wednesday afternoon, 40 tickets, each priced at $12, remained for that time slot. The film, which marks the final confrontation between the wizards Harry Potter and Lord Voldemort, will be screened at the eight-story Hackworth IMAX Dome Theater.

Death Penalty Will Not be Sought for Fisherman's Wharf Souvenir Shop Worker

A San Francisco prosecutor said Wednesday that the death penalty will not be sought against a Fisherman's Wharf souvenir shop worker accused in the January killings of two employees at a neighboring business. Hong Ri Wu, 56, is suspected of shooting Feng Ping Ou, a 30-year-old woman, and Qiong Han Chu, a 30-year-old man, at about 8:20 p.m. on Jan. 30 inside the souvenir and luggage shop where they worked at 269 Jefferson St., police said. He pleaded not guilty to charges in the case. Wu is accused of walking into the victims' store and shooting them both. He worked at a nearby competing store and knew Chu and Ou, who died inside the store. A gun believed to be the murder weapon was recovered at the scene. During a mental competency hearing for Wu in San Francisco Superior Court Wednesday morning, Prosecutor Linda Allen said the district attorney's office would not seek the death penalty. Last month, Wu's attorney, Deputy Public Defender Kleigh Hathaway, said in court that after conversations with her client, she had doubts about his mental competency to understand the nature of the charges or assist in his own defense. A judge suspended criminal proceedings while a forensic psychologist assessed whether Wu was mentally competent, and following Wednesday's hearing, Hathaway said the psychologist's report found he was not competent to stand trial. During Wednesday morning's hearing, Wu asked for a hearing later Wednesday on the right to change his attorney from Hathaway, who was court-appointed, because "he was not satisfied with my legal representation of him," Hathaway said. That motion was denied by Judge Wallace Douglass at a hearing Wednesday afternoon. When Wu returns to court on July 25, prosecutors will decide whether to seek a trial on his mental competency or allow him to go to a medical facility to get treatment, "which is my wish," Hathaway said. "What's gradually coming to light is that Mr. Wu is mentally ill," she said.

4 Bay Area DA's Reach Settlement Against Dele ware Company Accused of Underpaying for Recyclables

Four Bay Area district attorney's offices have reached a settlement against a Delaware company accused of underpaying consumers for their recycled materials. Tomra Pacific Inc., which operates recycling centers outside grocery stores in California, did not admit liability or wrongdoing when it agreed to a $662,244 settlement with the district attorneys officers in Napa, Sonoma, Contra Costa and Santa Cruz counties. The company was accused in a civil complaint of underpaying consumers by inaccurately weighing the empty barrels used to determine the weight and monetary value of consumers' recyclable materials they contained over a four-year period, according to a news release by Sonoma County District Attorney Jill Ravitch. The company complied with the investigation and will pay $662,244 in civil penalties, costs and restitution, Ravitch said. The judgment against Tomra Pacific Inc. requires it to implement new procedures to weigh the barrels. The new system requires that each transaction start with an empty barrel and that the "tare" weight be set to the weight of that barrel before recyclable materials are added and the barrel is weighed again to determine the gross weight. The weight and value of the recyclable materials are then determined by subtracting the tare weight from the gross weight. The new system must be in place starting Sept. 1. The civil complaint did not specify how the weight inaccuracies occurred. The settlement also requires Tomra Pacific Inc. to start a "secret shopper" program using a Tomra Pacific Inc. employee to ensure the tare weight is taken in every transaction for the specific container used by each consumer. The company also must ensure the weighing instruments were sealed before being placed in operation and that they are accurate.

Teenager Accused of Killing Baby Pleads Not Guilty

A 17-year-old boy accused of fatally shooting an infant in East Palo Alto last month pleaded not guilty to murder in San Mateo County Superior Court Wednesday afternoon. Fabian Zaragoza, wearing a yellow jail jumpsuit with his long hair in a ponytail, entered his plea before Judge Barbara Mallach as the 3-month-old victim's parents -- Ivonne Garcia Lopez and Oscar Jimenez, of Redwood City -- sat in the front row of the courtroom. "I'm not guilty," Zaragoza said. Zaragoza is suspected of lying in wait with another gunman and firing as many as 15 gunshots into the family's car as they left an East Palo Alto baby shower on June 5, according to police. Baby Izack Jesus was shot in the head, and later died at a hospital. The infant's parents were both wounded. Investigators believe that Zaragoza and an accomplice targeted the family after mistaking them for Sureno gang members who had assaulted Zaragoza in Redwood City on May 31. In addition to murder, Zaragoza has been charged with two counts of attempted murder with the infliction of great bodily injury, along with the special circumstances of lying in wait and the use of a firearm in the commission of the crimes. He is being held without bail and faces life in prison if convicted. Zaragoza is scheduled to reappear in court Aug. 10 to set a preliminary hearing date.

Berkeley Developer Sets Final Deadline to Reach Agreement on Reopening Oakland Parkway Movie Theater

A Berkeley developer interested in reopening the Oakland Parkway movie theater has set a final deadline for Friday to reach an agreement with the building's owner. J. Moses Ceaser, who has been negotiating to reopen the vacant theater at 1843 Park Blvd. since October, said he has submitted a lease to the building's owners and if they do not accept the terms of that lease, he will seek another location to develop. "The whole process with the landlord has been frustrating," said Ceaser. He said that more than 40 investors are involved in the effort to reopen the popular theater, which closed in early 2009, and that the investors have grown impatient with the slow pace of negotiations. "They're just kind of tired of dealing with these landlords," he said of the other investors involved. "We're very comfortable to walk if we don't get the deal done by Friday," he said. The building is owned by Yan Cheng of Ming WA LLC and has been vacant since closing in early 2009. A representative from Ming WA LLC declined a request for an interview. The theater was a unique destination in Oakland that served pizza and beer, offered older movies at discount prices, and would hold special events like screenings of "The Rocky Horror Picture Show." Ceaser said that his first choice is to open the Parkway in its old location on Park Boulevard because of the previous theater's success there and because of its popularity with Oakland residents. "Oaklanders have been waiting for a long time to get their theater back," he said. One condition of his proposed lease is that he and the other investors will control the renovation process. Ceaser said the reason for this condition is because the building owners have been uncommunicative and have missed several deadlines in the negotiation process, so he would be more comfortable handling the business personally.

Menlo Park Teenager Shot, Dies of Injuries

A 19-year-old Menlo Park woman who was shot in East Palo Alto early Wednesday morning has died, police said. Catherine Fisher was sitting in a car with a male and another female in the 2500 block of Annapolis Street when she was shot at about 2:10 a.m., acting Capt. Jeff Liu said. She was taken to Stanford Hospital, where she was being treated for her injuries. She succumbed to those injuries and was pronounced dead at the hospital, Liu said. The car's other occupants were not hurt. Liu said it is too early to tell whether the trio had been targeted and whether the shooting was gang-related. Police were working Wednesday morning to identify the shooter. Anyone with information about the shooting is asked to call or text (650) 409-6792 or email epa@tipnow.org. An anonymous voicemail may be left for investigators by calling the same phone number. Liu said it was the city's fourth homicide this year.

Antioch Police Arrest 2 men for Gunning Down Teenager

Antioch police arrested two men Tuesday night for the murder of a 19-year-old Antioch man who was gunned down on a sidewalk in May. The shooting happened May 22 in the 2300 block of D Street, and officers responding to calls of a shooting found the victim, Bridain Harold, lying on the sidewalk with gunshot wounds. He was taken to a hospital, where he died. Witnesses helped lead police to the two 21-year-old suspects, Steven Abundis, a Pittsburg resident, and Antonio Esquivel, a transient with a last known address in Pittsburg, police said. Officers obtained arrest warrants for the men and, on Tuesday, they spotted Esquivel driving in Antioch and arrested him. Later that night, detectives arrested Abundis as he was driving in Oakley. When officers searched his car, they allegedly found a loaded 9 mm pistol hidden in the driver's side door panel, police said. Abundis' vehicle was also identified as the vehicle used during Harold's murder, police said. After arresting Abundis, detectives served a search warrant on a home in Pittsburg where Abundis lives with his parents. The search turned up an AK-47-style assault rifle, a .22-caliber rifle and about a pound of marijuana, all of which allegedly belonged to Abundis, police said. Investigators interviewed the two men throughout the night, and Esquivel allegedly confessed to shooting and killing Harold, police said. He told officers that he did not know the victim and that he threw the gun used in the shooting in the trash somewhere on Buchanan Road in Pittsburg, police said. Esquivel also allegedly told investigators that he and the victim had been involved in a confrontation among members of two opposing groups in October 2010 on the Antioch waterfront, police said. Esquivel allegedly told officers that during the confrontation, the victim tried to throw him off a wall above some railroad tracks, police said. Esquivel said he was able to hold on to a rail until his friends came to help him. One of his friends allegedly stabbed Harold.

A man found shot to death in San Francisco on Monday night has been identified by the medical examiner's office as 20-year-old Sean Wilson.

Officers responded at 11:22 p.m. Monday to a report of shots fired in the 500 block of Webster Street, a few blocks from Alamo Square.

They arrived to find Wilson, a San Francisco resident, who had been shot in the head. He was pronounced dead at the scene, police said.

No arrests have been made in the case, police spokesman Officer Albie Esparza said.

Anyone with information about the case is encouraged to call the Police Department's anonymous tip line at (415) 575-4444 or send a tip by text message to TIP411.

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CSU Trustees Approve 12% Tuition Hike

California State University trustees approved a 12 percent tuition hike Tuesday that would take effect this fall. The increase is expected to help close the budget gap created by $650 million in state funding cuts. CSU officials said the tuition increase will generate $150 million for the CSU system, and the remaining $400 million shortfall will be saved through cutbacks and through an additional 10 percent tuition hike approved in November. The board is also planning to reduce enrollment by roughly 10,000 students statewide. Campus budgets will be reduced by a combined $281 million, according to CSU officials. The increases will bring annual tuition for CSU campuses to $5,472. Students and faculty have criticized the board because of the hikes, which became necessary when tax increases proposed by Gov. Jerry Brown were blocked by the Legislature. Brown himself issued a letter Tuesday criticizing the board for planning to raise the salary for incoming San Diego State University President Elliot Hirshman by $100,000 while asking students to pay dramatically increased tuition. The CSU system faces additional cuts of $100 million mid-year if state revenue projections are not met, and are bracing to potentially make additional cuts or fee increases. Prior to the vote, CSU officials said that state funding to the CSU system is roughly the same as it was during the 1998-99 school year; however, at that time the system served 72,000 fewer students. Adjusted for inflation, CSU received more than $10,000 per student from the state in 1998-99, but now receives less than $6,500 per student. One-third of the revenue from the tuition increase will be allocated for financial aid, but many are still concerned that lower income students will still be faced with untenable costs that may keep them out of college. California State University, Los Angeles psychology professor Kimberly King addressed the board before their vote, raising concerns that the proposed increases would hurt all students but lower income students in particular. "The students that are paying will be paying more and getting less," she said.
 

El Dorado DA Shows Jaycee Dugard was Phillip Garrido's 5th Kidnapping Victim

The El Dorado County District Attorney's office released information Tuesday showing that kidnapping survivor Jaycee Dugard was Phillip Garrido's fifth identified victim. According to a map of Garrido's crimes, four of his previous victims had also been attacked in South Lake Tahoe. The first known assault was a rape and kidnapping in Antioch on April 14, 1972. That attack was followed by another rape and kidnapping on June 7, 1976, in South Lake Tahoe. The next assault was on November 22, 1976, when Garrido attempted to rape and kidnap one woman and then raped and kidnapped a second woman, also in South Lake Tahoe. That attack led to his conviction in federal court for kidnapping and in state court for rape. He was sentenced to 50 years in federal prison and five years to life in state prison. He only served 11 years of that sentence, however, and was paroled in 1988. On June 10, 1991, Garrido and his wife, Nancy Garrido, used a stun gun and forcibly kidnapped Dugard, then 11, as she walked to the school bus stop near her South Lake Tahoe home. The couple took her to their home on Walnut Avenue just outside Antioch, where they held her captive for the next 18 years. During that time, Garrido repeatedly raped Dugard and she gave birth to two daughters fathered by him. She wasn't found until Aug. 4, 2009, despite numerous searches by state and federal parole agents. Phillip and Nancy Garrido have since pleaded guilty to rape and kidnapping charges. They were sentenced in June to life in prison. A memoir written by Dugard telling of her abduction, captivity and survival was released in bookstores Tuesday. The book, titled "A Stolen Life," is published by Simon and Schuster. A statement released Tuesday by El Dorado County District Attorney Vern Pierson said that law enforcement investigators knew that Garrido had committed the previous assaults at the time that they were searching for Dugard, but somehow Garrido never became a suspect. Pierson, along with Sen. Ted Gaines, R-Roseville, law enforcement leaders and victims' rights organizations plan to discuss some of the unanswered questions in the case at a public meeting in Sacramento on Aug. 3.
 

BART Police Chief, Police Review Committee Questioned about Charles Hill Shooting

BART's police chief and members of its Police Review Committee were subjected to tough questions Tuesday about a recent confrontation at San Francisco's Civic Center station in which BART police shot and killed a knife-wielding man. A leader of the activist group No Justice, No BART who identified himself as Krystof angrily asked committee members, "What training do you have in running your police department?" The Police Review Committee was formed after passenger Oscar Grant was fatally shot by former officer Johannes Mehserle on Jan. 1 to try to make the transit agency's police department more accountable to the public. But Krystof, who was one of only four speakers at Tuesday's meeting, said the fatal shooting of 45-year-old Charles Hill at the Civic Center station on July 3 marks the second time BART police have killed someone since Grant was killed. Fred Collins, a 48-year-old Oakland man, was fatally shot by BART and Oakland police officers near the Fruitvale station in Oakland on July 17, 2010, after allegedly charging at them with knives in each hand. BART Director Lynette Sweet, who chairs the Police Review Committee, said she and other committee members are also upset that Hill was killed, saying, "None of us are happy." Krystof responded, "The solution is simple: disband the BART Police Department." Director Tom Radulovich, another committee member, said he considered asking for the department to be dissolved after Grant was killed, but he ultimately came to the conclusion that it would be better to reform the department instead of contracting out police work to an outside agency that would not be accountable to BART and the public.
 

Crowd in Front of SF City Hall Shows Support for Deshon Marman & His Sagging Pants

About 100 people gathered in front of San Francisco City Hall Tuesday in support of a man who was removed from a U.S. Airways flight and arrested last month after he allegedly refused to pull up his sagging pants. Deshon Marman, 20, was arrested on suspicion of battery on a police officer, resisting arrest and trespassing on June 15 after boarding a flight from San Francisco to Albuquerque, N.M., where he is a student and football player at the University of New Mexico. San Francisco police said Marman was instructed by airline crew members several times to pull up his pants to cover his underwear both before and after he boarded the plane. He allegedly refused to do so, and eventually the plane's captain told the other passengers to deplane, ordered Marman to leave the aircraft and then placed him under citizen's arrest when he refused to exit, police said. Marman was escorted off the plane by police and then allegedly resisted officers when they tried to arrest him. One officer suffered a cut to his hand and a sprained knee in the struggle, according to police. At Tuesday afternoon's rally in support of Marman, his family, friends and other backers questioned the police version of the events, and called on U.S. Airways to apologize to him. His aunt, Sheila Burton, said Marman could not initially pull up his pants because he was carrying his baggage, and acted respectful throughout the incident. "They're the ones that took it to another level," Burton said. She said the incident was especially unfortunate because Marman had flown back to San Francisco for the funeral of his friend, former high school football star David Henderson, who was fatally shot in the Bayview. Marman's mother, Donna Doyle, said she was "very appalled that U.S. Airways sees fit to stop my son, but not the cross-dresser," a white man who was apparently allowed to travel while wearing women's underwear, according to various media reports in the days after the incident.
 

Jury Convicts James Raphael Mitchell of Murder of Ex-Girlfriend, Kidnapping Baby daughter

A Marin County jury Tuesday afternoon convicted James Raphael Mitchell of first-degree murder of his ex-girlfriend Danielle Keller and kidnapping the couple's one-year-old daughter at her Novato home two years ago. The jury reached the verdict after deliberating two days in Marin County Superior Court. Deputy District Attorney Charles Cacciatore said the jury did not convict Mitchell of the special circumstance of murder during a kidnapping. Mitchell, 29, faces 34 years to life in prison when he is sentenced Aug. 16, Cacciatore said. Cacciatore said the verdict reflects "the seriousness with which we treat domestic violence cases here in Marin County." "We want to make sure the victims take steps to get out of violent relationships and know they will have the assistance of the Marin County courts when they make that decision," Cacciatore said. Mitchell, an heir to the Mitchell family pornography and strip club business, was charged with killing Keller by repeatedly hitting her head with a softball bat at her Diablo Court home in Novato and kidnapping their daughter on the toddler's first birthday on July 12, 2009. He also was convicted of stalking, child endangerment and domestic violence, Cacciatore said. Mitchell testified he fought off two men who actually killed Keller and tried to take their daughter from the residence as he arrived to celebrate the girl's birthday. He was arrested about five hours later in Citrus Heights after he ran out of gas. His daughter was not injured. The prosecution claimed the slaying was the culmination of a series of domestic violence incidents committed by Mitchell against Keller. The verdicts also came four years to the day after Mitchell's father Jim died.
 

Michael Heartsman-Anthony Charged with Murder for Shooting Death of Ditiyan Franklin Jr.

A suspect has been charged with murder for the shooting death of a well-liked 17-year-old senior at the Castlewood Leadership Preparatory High School in East Oakland, Oakland police said Tuesday. Michael Heartsman-Anthony, a 22-year-old Oakland man, was arrested last Wednesday for the shooting of Ditiyan Franklin Jr. in the 2400 block of Ritchie Street at about 2:30 p.m. on May 25, but Oakland police waited until late Tuesday to announce his arrest. Franklin was weeks away from graduation when the shooting occurred. Alameda County Chief Assistant District Attorney Kevin Dunleavy said Heartsman-Anthony was arraigned Friday and returned to court Monday to be assigned an attorney. Heartsman-Anthony is scheduled to return to court soon to enter a plea. The Castlemont campus, which hosts three small schools, including the Leadership Preparatory High School, is located at 8601 MacArthur Blvd., which is about five blocks away from the shooting scene. Oakland police spokeswoman Sgt. Holly Joshi said Heartsman-Anthony has denied being involved in the shooting. Dunleavy said Heartsman was also charged with being a felon in possession of a firearm and with attempted murder because another person was standing in the line of fire when Franklin was shot. That person was not injured. Joshi said Heartsman-Anthony shot at Franklin as Franklin rode a bicycle in the 2400 block of Ritchie Street. She said Franklin dismounted the bicycle and tried to run away, but Heartsman-Anthony chased him and fatally shot him. Joshi said homicide investigators believe the shooting stemmed from a dispute between Heartsman-Anthony and Franklin, who knew each other.
 

29th Birthday of UC Graduate Shane Bauer Detained in Iran Marked at Fundraiser

The 29th birthday of a University of California at Berkeley graduate who has been detained in Iran for nearly two years will be marked at a fundraising event at a photo gallery in San Francisco tonight. Shane Bauer, his fiancee, 32-year-old Sarah Shourd, and 28-year-old Josh Fattal were arrested on July 31, 2009, while hiking in Iraq's Kurdistan region near the Iran border. Shourd and Fattal are also UC Berkeley graduates. Shourd, who was released last September, said in an interview Tuesday that they were detained after they accidentally crossed an unmarked border into Iran. "It's impossible to just walk into Iran," she said. But Iran has accused all three hikers of espionage and entering the country illegally and plans to prosecute them. Shourd announced in May that she would not return to Iran for a trial because she is suffering from depression and post-traumatic stress disorder. She said the trial of Bauer and Fattal has been postponed several times but is now scheduled to begin on July 31. Shourd said Bauer is a photojournalist who has had his work published in many prominent publications and some of his photographs will be shown at the event at the Rayko Photo Center at 428 Third St. from 6 p.m. to 9 p.m. Shourd will be one of the speakers as will Pulitzer Prize-winning photographer Kim Komenich, former Reuters photographer Lou Demattais and Shon Meckfessel, who was with the other hikers but escaped captivity because he stayed in their hotel with a cold on the day that they were detained. The money raised at the event will help pay Bauer and Fattal's legal fees as well as the media campaign aimed at getting them released from prison.
 

Fatal Rush Hour Collision on Highway 17 that Killed a Woman Intentionally Caused

A collision on state Highway 17 in Santa Cruz in which a woman was killed during rush hour on Monday was intentionally caused by a wrong-way driver, according to the California Highway Patrol. The collision occurred at about 3:10 p.m. on the transition from southbound Highway 17 to northbound state Highway 1, near the Ocean Street exit, according to the CHP. The victim, whose name will not be released until her family is notified, was a 49-year-old woman from Santa Cruz. She was driving north on Highway 1 when the suspect, identified as 29-year-old Eric Weers, of Soquel, drove his silver Acura SUV head-on toward her and collided with the woman's maroon Chrysler sedan. The woman was pronounced dead at the scene. Weers' SUV caught on fire, but he managed to escape unharmed, CHP Officer Hatcher said. A preliminary investigation indicated the collision was intentional, but that the vehicle Weers collided with was chosen at random, Hatcher said. "There was an element of premeditation," Hatcher said. Alcohol and drugs do not appear to have factored into the crash, he said. Weers was arrested on suspicion of murder, assault with a deadly weapon, driving the wrong way on a divided highway, and vehicular manslaughter.
 

Public Support Growing for Revitalizing Market Street into Thriving Public Place

The overcrowded room at the San Francisco Planning and Urban Research Association Tuesday afternoon represents just a fraction of the 250,000 people who use Market Street every day, but signifies the public's growing interest in the street's improvement. The findings released at a 12:30 p.m. forum will be the basis for the Better Market Street Project, an initiative between city agencies and community groups to revitalize the stretch from The Embarcadero to Octavia Boulevard. Surveyors recorded pedestrian traffic and stationary activity, as well as evaluated crosswalks, intersections, and public spaces. Research showed that nearly half of Market Street users are pedestrians, accounting for 49 percent of its traffic on weekdays, said Kris Opbroek, the project manager from the Department of Public Works. Of people who use public transit along Market Street, 32 percent navigate on foot after arriving at their destination, she said. Opbroek said she expected a high percentage of pedestrians, but the heavy concentration of walkers between Fourth and Fifth streets was surprising. The area encompasses the street's retail hub, including the Westfield San Francisco Centre. Market Street motorists and bikers represent the remaining 14 percent and 5 percent, respectively, of weekday traffic. About 75 percent of the people on Market Street are involved in stationary activities, such as waiting for a bus, said David Alumbaugh, a senior urban designer for the San Francisco Planning Department. However, the staying activity for the street is slim. "How little people come to Market Street as a place, versus just passing through, is surprising," Alumbaugh said. He said he hopes the improvements will focus on making Market Street a destination rather than a layover. "People should meet on Market Street, as you might meet someone in Union Square," Alumbaugh said.
 

Judge Approves EIR for Hunters Point Redevelopment Project

A massive redevelopment project at the former Hunters Point Naval Shipyard and Candlestick Point in San Francisco has cleared a major hurdle, gaining a judge's approval of most of an environmental study. The 702-acre project by the city's redevelopment agency and Miami-based Lennar Corp. will include 10,500 housing units as well as offices, stores and parks on the southeast shore of San Francisco. San Francisco Superior Court Judge Ernest Goldsmith on Monday upheld most of an environmental impact report on the plan, rejecting several challenges in a lawsuit by two citizens' groups. But at the same time, Goldsmith barred development of some sections of the shipyard -- estimated by one lawyer to amount to at least 235 acres -- until a multi-year cleanup of contamination is complete. Lennar and the city had envisioned a so-called early transfer of several parcels of land from the Navy to the developers, under which the developers rather than the Navy would complete the cleanup of hazardous waste caused by ship building and repair. But Goldsmith said that because the EIR did not discuss a possible cleanup by the developers instead of the Navy, the document could not be used as a basis for allowing an early transfer of the contaminated land. Instead, the judge said, Goldsmith said the development of those parcels may not proceed until "the remediation process is complete and approved by regulating agencies as safe for human health and development." Meanwhile, however, the remaining portions of the project "may move forward," the judge ruled. Kofi Bonner, president of Lennar's urban development division, called the ruling "a great victory for the city and the residents of Bayview Hunters Point." "We are gratified that Judge Goldsmith has concluded that the Environmental Impact Report is not only adequate but provides a way forward to protect human health, "Bonner said. "As the Navy completes cleanup of individual parcels, we will be ready to begin development," he said. The report was required by the California Environmental Quality Act. Its adequacy was challenged by People Organized to Win Employment Rights, known as POWER, and Greenaction for Health and Environmental Justice.

Pension reform is a hot topic this week in San Francisco, where two competing plans to address the issue are coming into the spotlight.

On Monday, Public Defender Jeff Adachi dropped off more than 72,000 signatures at the city's elections department to get his pension reform measure on the November ballot.

Today, the Board of Supervisors is set to consider a separate measure being put forth by Mayor Ed Lee and other city officials.

A coalition of city workers and retirees planned to hold a rally prior to today's board meeting to oppose both measures.

Adachi said his measure, which proposes higher pension contributions from city employees and caps on pensions for new employees, among other changes, would save the city more money than the mayor's proposal.

Lee's plan is the result of months of negotiations between city officials and labor and business leaders. The Board of Supervisors will consider it today and will likely vote next week on whether to place the measure on the ballot.

Adachi said today that the 72,640-plus signatures his measure received far exceeded the 46,177 required to get it on the November ballot. The signatures will have to be certified by the Department of Elections within the next 30 days.

He said the number of signatures shows "not only the level of support from voters but their level of awareness."

"They're very concerned about the pension crisis, people are realizing how this affects their lives," Adachi said.

Adachi said he is open to compromise with the other city officials and that he hopes the supervisors today will consider incorporating his proposal into the other measure in order to have "a unitary proposal" rather than two competing initiatives on the ballot.

He said his plan would save the city about $1.25 billion over 10 years, compared to about $750 million in savings from the mayor's plan over the same period. He said a compromise plan he offered last week would fall somewhere in between.

However, if his proposal is not considered by the board, Adachi said he plans to move forward with his measure.

"I'm not interested in kicking the can down the road for a couple of years," he said.

Today's protest prior to the board meeting is organized by a coalition that includes the United Public Workers for Action and the West Bay Retirees chapter of Service Employees International 1021, the city's largest labor union.

The rally was set for 1 p.m., and the Board of Supervisors meeting begins at 2 p.m.

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Tenants of San Francisco's Parkmerced apartments filed a lawsuit against the city on Monday for its approval last month of a plan to add thousands of apartments and demolish others at the complex.

The lawsuit comes after tenants delivered signatures to the city's Department of Elections on Friday for a ballot measure that could nullify the plan, which would add about 5,700 apartments and replace about 1,800 others during the next two to three decades.

Some tenants of Parkmerced, located at 19th and Holloway avenues, say the proposal, approved by the Board of Supervisors last month by a 6-5 vote, would displace them and leave them at risk of losing their rent-controlled housing.

The tenants' groups that filed the lawsuit include the Parkmerced Action Coalition and San Francisco Tomorrow.

Their attorney Stuart Flashman said the groups are making "a two-pronged attack on the city's approval of the project -- one on the legal side and the other on the political side."

Flashman said the lawsuit, filed in San Francisco Superior Court, alleges that the environmental impact report certified by the board was inaccurate and inadequate.

He said the project also contradicts policies and priorities enacted by Proposition M, an initiative approved by voters in 1986 that puts limits on high-rise developments and sets planning priorities that protect affordable housing.

"That was put in place to prevent developers from attempting to take over the city, and running roughshod over existing neighborhoods," he said.

Flashman said the lawsuit also addresses alleged violations of the city's sunshine ordinance because during Planning Commission hearings on the plan, public comment time was reduced from three minutes to one minute per speaker.

During the final board committee hearing on the proposal, Board President David Chiu issued four pages of amendments at the start of the meeting that he said would help protect the rights of Parkmerced tenants.

But Flashman said, "That's the first anybody saw them, and I think that's outrageous."

He said the residents of Parkmerced should have "an opportunity to receive notice of changes to a development agreement that's going to have a tremendous effect on them, and to spring it on them at the last minute is really unfair."

Chiu, who was the swing vote in the 6-5 decision on the plan, defended his vote in a letter posted on his website.

He wrote, "I fully recognize that change is never easy, but Parkmerced strikes the right balance between protecting existing tenants while providing a tremendous opportunity to add much-need housing and community improvements to the west side of the city."

Parkmerced spokesman P.J. Johnston has also said that while many residents will be relocated within the complex, the new apartments will be
built before the old ones are demolished so people will only have to move
once, and the new units will be similar in size and will have the same rent
control status.

But Cathy Lentz, a spokeswoman for the Parkmerced Action Coalition, argued that might not happen if the project changes ownership at some point in the future.

She added, "Who would want to live through 30 years of construction?"

Lentz, who was one of two women who had to be removed from the Board of Supervisors chambers after yelling at supervisors during a contentious hearing at which the board initially approved the plan, said the tenants' actions Friday and Monday mark the beginning of their effort to overturn the project.

"There was a small group of people that started this, and we're slowly moving a mountain," she said.

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BART Shutdown by Protestors at Civic Center, Returns to Service

BART service returned to normal Monday night, hours after it was disrupted by protests at several San Francisco BART stations Monday evening. Shortly before the start of the evening commute, close to 100 demonstrators gathered at Civic Center station. BART and San Francisco Municipal Railway service was temporarily suspended at that shared station after the protesters attempted to prevent an East Bay-bound BART train from departing there. The demonstrators then moved between the Powell and 16th Street stations, and the agencies instituted full and partial closures, inconveniencing hundreds of transit riders. The group No Justice, No BART, which organized the protest, said it is demanding that the BART Police Department be disbanded after BART police officers shot and killed a knife-wielding man at the station last week. The group is also demanding that both of the two officers involved in the July 3 shooting of 45-year-old Charles Hill be fired and criminally charged if it is found that the shooting was not justified. The dwindling group of demonstrators took to Market Street just before 7 p.m., marching from Civic Center to Powell Street, where San Francisco police officers blocked about a dozen protesters from traveling up Powell Street. About as many police officers had formed a line to block the protesters' path. After the disruptions, Johnson criticized the demonstrators' actions. "These fringe groups have apparently shown no regard for the work of their fellow citizens and, of course, the customers on the train, the elderly -- all those folks who need Civic Center station open and rely on the station," he said. Johnson said that the station was closed "to maintain safety at an inconvenience to the elderly, the disabled" and all other customers because of the demonstrators' actions. Johnson said that BART police had not made any arrests Monday night. On July 3, Hill wielded a knife and a broken alcohol bottle before BART police shot him on the train platform, Johnson said. BART police said Hill was aggressive and combative and did not comply with orders. One of the officers suffered minor cuts during the confrontation, BART officials said.

BART Police Auditor Will Investigate Charles Hill Shooting

BART's new independent police auditor said Monday that he will conduct a thorough investigation into a recent confrontation at a San Francisco station in which BART police shot and killed a knife-wielding man. Mark T. Smith said his investigation will parallel those also being conducted by the BART and San Francisco police departments and will look at whether officers used the proper tactics and were justified in using force in fatally shooting 45-year-old Charles Hill at the Civic Center station at about 9:45 p.m. on July 3. BART officials said Hill was armed with a knife and a broken bottle that he was wielding as a weapon, was aggressive and combative with officers who attempted to contact him, and did not comply with orders. The officer-involved shooting occurred after Smith, who previously served in police review positions in Los Angeles and Chicago, had been at BART for only a week. BART Director Lynette Sweet, who chairs BART's police review committee, said, "Talk about trial by fire." The independent police auditor's job is a new position that was created in the wake of criticism about the way the transit agency investigated the fatal shooting of passenger Oscar Grant III at the hands of BART police Officer Johannes Mehserle at the Fruitvale station in Oakland on Jan. 1, 2009. Sweet said BART created the police auditor's job and formed an 11-member citizen review board to assure the public that investigations into police actions are conducted with "transparency, integrity and honesty." Sweet said each entity reports directly to the BART Board of Directors, not to each other. She said the auditor reports his findings to the citizen's review board and then to the Board of Directors. The citizen review board can either agree or disagree with the auditor's report and make its own decision whether to accept its recommendations and report its decision to the Board of Directors. Referring to the fatal shooting of Hill, Sweet said, "I'm disappointed we're here today." But Sweet said "the people are not in bad hands" because she is confident that Smith will conduct a fair investigation that is completely separate from the probes being performed by BART and San Francisco police.

Demand-Based Pricing: Higher Parking Meter Rates for Crowded Neighborhoods

The San Francisco Municipal Transportation Agency will be changing the rates at some parking meters around the city later this month, the first adjustments since it started a pilot program to track real-time parking data, an agency spokesman said Monday. SFpark, a two-year pilot program unveiled last year, collects information from meters and sensors embedded in the street about where parking was available. The information was then made available in April at www.sfpark.org or via smartphone apps. Starting at an undetermined date later this month, the SFMTA will begin changing the rates, with higher rates for more crowded neighborhoods and lower ones for areas with more empty spots, spokesman Paul Rose said. About 31 percent of the rates will be going up -- by no more than 25 cents per hour -- while 37 percent are staying the same and 32 percent will be decreasing by no more than 50 cents. The rates, which range from $1.75 per hour to $3.75 per hour, vary from block to block, by time of day, and by whether it is a weekday or weekend, Rose said. The program includes the Civic Center, Hayes Valley, Financial District, South of Market, Mission, Fisherman's Wharf, Fillmore and Marina neighborhoods. It covers roughly a quarter of the city's 28,800 parking meters and more than 12,000 spaces in 15 of its city-owned garages. In the Fisherman's Wharf area, the rates are going down either 25 cents or 50 cents per hour for most weekday hours, and are increasing for most city blocks in the neighborhood after noon on weekends. Conversely, the hourly rates will be increasing for most streets in the Financial District during weekdays, but most will be decreasing on the weekends. The rates will not be changed more than once a month and in increments of no more than 50 cents per hour. SFMTA officials say the demand-based pricing, combined with the information drivers can use to see where spots are, will reduce energy use and pollution from cars circling a block in search of parking.

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Transforming Market From a Transit Hub to Public Destination

San Francisco community leaders and planners will meet today to brainstorm on Market Street's future at a lunchtime forum. Event planners referred to Market Street as "a critical artery where much of the city's transit infrastructure comes together" in a statement. Organizers said they are hoping today's forum will help launch ideas for ways the street can be transformed from a transit hub to a destination location. Representatives from the San Francisco Municipal Transportation Agency, the San Francisco County Transportation Authority, the city's Planning Department, the Department of Public Works, and the Bicycle Coalition are expected to attend today's lunchtime event, organizers said. Today's forum is hosted by the nonprofit SPUR -- or, the San Francisco Planning and Urban Research Association. The event is free to SPUR members and $5 for non-members. It is scheduled for 12:30 p.m. at 654 Mission St. in San Francisco.

The San Francisco Arts Commission voted unanimously on a new interim director Monday, officials from the mayor's office announced. The agency named JD Beltran, the current vice president, to act as director while they recruit a new permanent director of cultural affairs. Beltran will replace Luis Cancel, who has been the director of cultural affairs since 2007. The mayor's office announced that Cancel had tendered his resignation last week and planned to return to his hometown of New York City where he previously served as the head of that city's Department of Cultural Affairs. Beltran is a conceptual artist, filmmaker, and writer as well as a member of the San Francisco Art Institute's faculty. Beltran is also the director of the school's City Studio arts education program for underserved youth. "JD is a fantastic artist, a well respected member of the arts community, and a committed public servant dedicated to the well-being of this organization," commission President PJ Johnston said in a statement. "We're very fortunate that she's willing to step in and serve for this brief period." Johnston said the search for a permanent director is expected to take two to three months. "I see my role as one of placeholder, helping the Arts Commission get through this transition to its new director," Beltran said in a statement. "I have no interest in the permanent job -- indeed, I'll need to get back to my work soon. But I do care deeply about the San Francisco Arts Commission, and I want to see it flourish." Beltran said she hopes to return to the commission once a permanent replacement has been found.

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