General Crime

*San Jose $70,000 Settlement Approved in Wrongful Death:Taser

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*Santa Rosa: Slain Healdsburg Man Stabbed In The Neck

Dec 17, 2008 San Jose $70,000 SETTLEMENT APPROVED IN WRONGFUL DEATH LAWSUIT INVOLVING TASER

The San Jose City Council on Tuesday approved a $70,000 settlement be paid to the family of a man who died in police custody after officers used a Taser against him in 2005, city officials said today.The lawsuit filed in November 2006 against the city and five members of the San Jose Police Department alleged the wrongful death of Jose Angel Rios, 38. Rios died after a Nov. 18, 2005 confrontation with police. An off-duty police officer apparently heard screaming from an apartment complex parking lot and found Rios standing near a sport utility vehicle with his wife screaming inside, according to the city attorney’s office.Rios allegedly appeared to have his arm around his wife’s neck, so the officer and a bystander told Rios to leave the woman alone, according to the city attorney’s report. The officer used pepper spray with no effect and called for backup.Rios, a 6-foot-1-inch-tall man weighing about 330 pounds, allegedly resisted additional arriving officers who used a Taser and batons to subdue him enough for handcuffing, the city attorney’s report states. When he was finally handcuffed, he continued to yell and struggle, the report states. After paramedics arrived to monitor Rios, he stopped struggling and moving. Paramedics began CPR and transported Rios to Valley Medical Center, where he died. The medical examiner’s report cited blunt force impact and a 98 percent narrowing of the descending coronary artery consistent with repeated cocaine use, according to the city attorney. Rios was found to have cocaine in his system and the cause of death was listed as “cardiopulmonary arrest following violent struggle with police in individual with acute cocaine intoxication with psychosis,” the report states. However, Taser use and pepper spray were listed along with obesity and cardiovascular disease due to chronic cocaine use as contributory cause of death, according to the city attorney. Rios’ wife Christine Rios and son Angel Rios filed suit accusing excessive force and arguing that both Christine Rios and her son were not allowed to leave the police station for several hours despite not being arrested or formally detained. Officers denied the allegations. The City Council approved the $70,000 settlement, to be paid out of the city’s claims reserve fund, in closed session Oct. 21, City Attorney Richard Doyle said. The council approved the settlement again in a public vote during Tuesday’s meeting. Doyle said any settlement over $50,000 has to be approved in open session. San Jose began using the Tasers in 2004 as a way for officers to avoid using lethal force, said Doyle, who added Tasers have been successful in that effort.”It’s non-lethal force and it allows the officers to use something less than having to use a gun,” he said.Doyle said he is aware of at least one other pending lawsuit that cites Taser use.Steve Salinas, 47, a member of the Mongol Motorcycle Club, died in 2007 after a confrontation with police and alleged struggle to resist arrest. Doyle cited drug use as a similarity between the cases.”Typically in these excited delirium cases you have people on stimulants and it seems to cause a problem,” he said.

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Dec 17, 2008 SANTA ROSA: SLAIN HEALDSBURG MAN DIED OF STAB WOUNDS TO THE NECK

An autopsy performed Tuesday on a man murdered in Healdsburg Sunday afternoon showed he died of multiple stab wounds to the neck, according to the Sonoma County coroner’s office.  Sonoma County coroner’s Sgt. Mitch Mana said this morning that preliminary autopsy findings indicate Daniel Gerard Mooney suffered stab wounds to the left side of his neck. Toxicology tests will also be performed. Police found Mooney, 46, seriously injured around 12:30 p.m. Sunday at a home on Mason Street that he shared with his girlfriend, 23-year-old Sheyna Douprea. Officers responded to the home after police received an emergency call from Douprea’s mother, who was not at the residence.Mooney was taken to Healdsburg District Hospital where he was pronounced dead less than an hour later. Douprea was later arrested for the murder and will be arraigned Dec. 30 in Sonoma County Superior Court.
The couple had been dating for less than a year, Deputy District Attorney Robert Waner said.  Court records show Douprea had been convicted of misdemeanor battery of a spouse, ex-spouse or date in 2006 and again in 2007. She was sentenced to three years’ probation on the most recent conviction.Douprea’s attorney Jamie Thistlethwaite said she does not believe Mooney was the victim of the two misdemeanor battery charges.

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Dec 15, 2008 PLEASANT HILL: POLICE SEARCHING FOR MAN WHO STOLE
PURSE FROM 79-YEAR-OLD WOMAN

Pleasant Hill police are searching for a man who grabbed a purse from a 79-year-old woman’s arms in a Safeway grocery store parking lot Sunday afternoon. At around 2:30 p.m., a man dressed in black pants and a black  jacket stole the woman’s purse in the parking lot at 200 Golf Club Road, police said. The man then ran into a waiting vehicle and fled the scene, police said. Anyone who might have witnessed the crime or has information is asked to call the Pleasant Hill Investigations Bureau at (925) 288-4630.

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Dec 15, 2008 RICHMOND:  TRIPLE SHOOTING LEAVES ONE DEAD, ONE CRITICAL

One teenager is dead and a second is in critical condition following a triple shooting in Richmond early this morning, Richmond police Lt. Mark Gagan said. The shooting happened at 12:42 a.m. in the 200 block of Potrero Avenue near 19th Street.Police found 17-year-old San Pablo resident Devaughn Frierson dead on a lawn and a second 17-year-old boy critically injured in the street. He was taken to John Muir Medical Center in Walnut Creek, Gagan said.The third victim, a 21-year-old man, walked to Kaiser Richmond Medical Center and is expected to survive his injuries. Initial reports indicated that about 20 shots were fired, but because of the dark and rainy weather, police have so far found few witnesses, Gagan said.The shooting marks the city’s 28th homicide this year, down from 47 last year, Gagan said.Although it is too early in the investigation to say whether the shooting was gang-related, Gagan said the victims were known to police and that officers are taking steps to try to prevent retaliation.Anyone with information about the shooting is asked to call Detective Avon Dobie at (510) 231-3053.

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Dec 15, 2008 HEALDSBURG: WOMAN ARRESTED FOR ALLEGEDLY KILLING
BOYFRIEND SUNDAY

A Healdsburg woman has been arrested on suspicion of killing her 46-year-old boyfriend during a domestic violence incident Sunday, police said. Healdsburg police Sgt. Matt Jenkins said Sheyna Douprea, 23, was arrested at about 5:20 p.m. after she was questioned at police headquarters following the killing. Police responded to a home on Mason Street at 12:33 p.m. after receiving a call from Douprea’s mother, who was not at the residence, Jenkins said. They arrived to find the victim, Daniel Gerard Mooney, suffering from life-threatening injuries. He was taken to Healdsburg District Hospital where he was pronounced dead at 1:10 p.m., Jenkins said.  Police are not yet disclosing how Mooney died. An autopsy is scheduled for Tuesday, Jenkins said. Police had responded to the home twice previously for incidents not related to domestic violence but did not arrest anyone, Jenkins said. Douprea is being held under no bail in the Sonoma County jail and will be arraigned Tuesday morning in Sonoma County Superior Court.

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Dec 15, 2008 SONOMA CO.: MAN WHO DIED IN POLICE CUSTODY HAD TOXIC
METH LEVEL IN BLOOD

A Santa Rosa man who died in the custody of Rohnert Park police had a toxic level of methamphetamine in his blood, the Sonoma County coroner’s office said today.Guy James Fernandez, 42, was pronounced dead before he arrived at Santa Rosa Memorial Hospital on Nov. 9. He was arrested for assaulting an officer and resisting arrest after Rohnert Park Department of Public Safety officers went to the Wal-Mart store where Fernandez was accused of shoplifting and creating a disturbance. Police said he threw an aerosol can at an officer and threatened to assault the officer. Officers shot him with a Taser but it had no effect and four officers then subdued him and placed him in a maximum restraint device. Fernandez became short of breath and unresponsive and received medical aid on the site but his condition deteriorated in the ambulance, according to the Sonoma County Sheriff’s Department. Sonoma County coroner’s Sgt. Mitch Mana said an autopsy has not determined the cause of death but there were no obvious cause such as a blow to the body.Toxicology tests showed Fernandez had a methamphetamine level of 0.43 milligrams per liter in his blood. The toxic level is between 0.20 and 5.0 milligrams per liter and the level at which the body is affected by the drug ranges between 0.01 and 0.05 milligrams per liter, Mana said. Fernandez also had 0.04 milligrams per liter of amphetamine in his blood, Mana said. That level is below the toxic level of 0.2 milligrams per liter but above the level of 0.02 milligrams per liter at which the body is affected by amphetamine in the blood, Mana said.The final autopsy results and cause of death could take three to
four months or longer, Mana said. The Sonoma County Sheriff’s Department is investigating the in-custody death.

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8 Comments

  • San Jose $70,000 SETTLEMENT for ungrateful family

    No way? The officer should get the $ for sticking his neck out for the ungrateful wife who he came to help. Maybe in the future if an officer sees this, they should stay out of it so tax payers dont take it in the $%* this is wrong. The family is wrong, as a citizen I am outraged they would get a penny. They should be charged for police prtection. SINCE WHEN DO WE REWARD BAD BEHAVIOR. Oh I guess thats now.

  • San Jose $70,000 SETTLEMENT APPROVED IN WRONGFUL DEATH LAWSUIT INVOLVING TASER
    This is crazy the Head line should read

    SAN JOSE GIVES $70,000 REWARD FOR BEING OUT OF SHAPE AND ABUSING DRUGS THEN FIGHTING WITH POLICE.

    OOOOMMMMGGGG

  • hey im fat and love dope and tune up my old lady when she needs it. can the cops slap me around alittle bit and then give me some mony?

  • And whats up with calling the Mongols a “club”? Do they hold their meetings in a treehouse? I guess we should starting the Mafia a club. Oh ya and what about the Aryan Brotherhood Prison club.

  • Let me get this right. You can be a fat, wife beating, cocaine abuser and fight with the police and get rewarded with $70,000. WELCOME TO SAN JOSE!!!!!!

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