On May 14, 2:07 pm, Peter Terpstra <
peter.terpst...@gmail.com> wrote:
> Chinese Police Beat Monk to Death Over Banned Cassettes
> 2013-05-14
>
> A Tibetan monk found in possession of recordings of speeches by exiled
> spiritual leader the Dalai Lama has been beaten to death by Chinese police,
> according to Tibetan sources.
As bad as this man in Bakersfield?
Kern County man dies after alleged beating by deputies
Sheriff seizes witnesses' phones with video of the incident, bringing
accusations of a coverup as Bakersfield police take over
investigation.
http://www.latimes.com/news/local/la-me-0514-kern-beating-20130514,0,...
Deadly sheriff's beating prompts charges of coverup
By Paul Pringle and Richard Winton, Los Angeles Times
May 13, 2013, 8:51 p.m.
The sharp cracks echoing from the East Bakersfield street were loud
enough to jolt Ruben Ceballos from a midnight slumber. Then he heard
screams.
The 19-year-old jumped from his living room sofa and hurried to the
kitchen door, which offered a view of the violent scene outside —
Kern
County sheriff's deputies repeatedly striking a man in the head with
batons as he lay on the pavement.
"I saw two sheriff's deputies on top of this guy, just beating him,"
Ceballos said in an interview Monday. "He was screaming in pain …
asking for help. He was incapable of fighting back — he was
outnumbered, on the ground. They just beat him up."
LIVE CHAT: Discuss the case at 9 a.m.
The man was David Sal Silva, 33, a father of four, and he was
pronounced dead less than an hour later. The altercation last week
was
videotaped by witnesses and has roiled the Central Valley city for
days.
One woman frantically called 911, telling the operator: "The guy was
laying on the floor and eight sheriffs ran up and started beating him
up with sticks. The man is dead laying right here, right now. I got
it
all on video camera and I'm sending it to the news. These cops have
no
reason to do this to this man."
In an unusual move, sheriff's officials later detained for several
hours two witnesses who had videotaped the incident on their phones.
They were released only after they surrendered their phones to
deputies.
"It makes it look like a coverup," said David Cohn, a lawyer for
Silva's children and parents, adding that he has not been able to see
the footage. "What we're all concerned about is, 'Are these videos
going to be altered? Are they going to be deleted?' "
Kern County Sheriff Donny Youngblood said in an interview Monday that
it was too early in the investigation to reach any conclusions about
Silva's death. But he defended the decision to take custody of the
phones as a way of preserving possible evidence. The sheriff said his
office obtained a search warrant for the phones.
"We still have to secure the evidence, especially when the evidence
can tell us whether we did it right or wrong," Youngblood said.
He said his agency, to remove the appearance of any conflict, has
asked the Bakersfield Police Department to analyze the phone videos.
KERO-TV Channel 23 in Bakersfield broadcast a security camera video
from the scene showing grainy images of figures pummeling someone on
the ground, with about 20 swings of what appear to be batons or
sticks. It's difficult to see Silva in the seven-minute video or how
many of those swings connected.
A earlier statement by the Sheriff's Office said Silva might have
been
intoxicated and resisted the deputies' efforts to restrain him,
forcing them to use their batons. It said six deputies, a sergeant
and
two California Highway Patrol officers were at the scene. One deputy
had a K-9 dog.
Silva stopped breathing and was taken to the hospital, where he was
pronounced dead at 12:44 a.m. Wednesday, the statement said.
Youngblood said it could take the coroner's office up to four months
to complete toxicology tests and determine a cause of death.
In an email to The Times on Monday, the CHP said it "is deeply
sympathetic" to the Silva family and "takes seriously all incidents
where an individual dies while in custody." The agency said it could
not discuss the matter further because of the investigation.
The Silva episode follows several high-profile brutality cases
involving the Kern County Sheriff's Office in recent years.
One led to criminal convictions of three deputies and a $6-million
civil judgment in the 2005 death of a jail inmate, according to
attorneys. Another resulted in a $4.5-million court award for the
family of a man who died in 2010 after being struck 33 times with
batons and Tasered 29 times, attorneys said.
A deputy accused in the civil lawsuit over the 2010 death has the
same
name as one of those who confronted Silva. Youngblood would not
confirm that it was the same deputy, however.
According to Cohn, Silva became upset Tuesday morning and abruptly
left the home he shared with his girlfriend and their children. He
later visited his mother's house before turning up at Kern Medical
Center seeking help for some sort of emotional trouble. He left the
hospital when a security officer told him he could not sleep there,
Cohn said.
Silva fell asleep in front of a house across the street, the spot
where the deputies confronted him, the attorney said. He said he did
not know if Silva had been drinking. Court databases show that Silva
pleaded no contest in 2008 to a misdemeanor charge of disturbing the
peace. He was charged with being drunk and disorderly two years
later,
but the case was dismissed.
Cohn represented the son of the inmate killed in 2005, an offshore
oil
field worker who was arrested after behaving erratically. "They don't
seem to have any training when it comes to people with a mental
illness," Cohn said of the Sheriff's Office "There seems to be a
culture of striking first and asking questions later."
Legal experts were surprised that deputies detained the witnesses for
the purpose of seizing their phones.
Laurie Levenson, a Loyola law professor and former federal
prosecutor,
said the department's tactics were "very heavy-handed, but
technically
may have been legal because the 911 call created a probable cause to
obtain the videos."
But she said law enforcement officers "cannot detain people for hours
on end, and if they did here that would be problem."
Dmitry Gorin, a Los Angeles defense attorney, said: "The deputies
could secure the house, but they cannot detain the people. The
argument here would have to be they would not let them leave because
they could take the cellphone with them. This is very unusual. I have
never had a client detained in this way."
richard.win...@latimes.com
paul.prin...@latimes.com