Police Watch - San Bernardino

Type of Complaint: Manhandled, Excessive Force, Police Conduct

Complaint Status (Admin) :
Complaint Status (User) :Not Filed

San Bernardino Unified School District School Police Dep't.
536 West Base Line Street
California 92410-2822
Fax:909-388-6035
Phone:

Complainant:
Full Legal Name :XXXXXXXXXXXXX
Sex:Male
Age:16
Residence Address :XXXXXXXXXXXXX
City, State, Zip Code :San Bernardino, CA 92405
Residence Phone :XXXXXXXXXXXXX
Cell/Pager :XXXXXXXXXXXXX
Bus. Phone :XXXXXXXXXXXXX

Facts:
Date & Time of Occurence:12-01-2006 16:30
Location of Occurrence :San Bernardino High School and across the street.
Employee #1 Involved :Officer S. Owens
ID # :P-23
Employee #2 Involved :Officer Land (female)
ID # :P-4
Witness #1:XXXXXXXXXXXXX
Residence Address & Street Number :XXXXXXXXXXXXX
City, State, Zip Code :XXXXXXXXXXXXX
Residence Phone :XXXXXXXXXXXXX
Cell/Pager :XXXXXXXXXXXXX
Witness #2:XXXXXXXXXXXXX
Residence Address & Street Number :XXXXXXXXXXXXX
City, State, Zip Code :XXXXXXXXXXXXX
Residence Phone :XXXXXXXXXXXXX
Cell/Pager :XXXXXXXXXXXXX

Narrative:
POLICE WATCH COMPLAINT

Christopher: On December 1st, 2006 around 1:50 PM, my friend Ronnie McCaslin and I left my house to walk to San Bernardino High School, Christopher’s school. After Christopher stopped by Rosa Puentes’ office inquiring if I could do some testing that I needed to do, we then met up with my friend Brian. Before we parted, I asked Brian if he could tell Wendys friend to let her know I was there and would wait for her. After that, we waited.

As school let out, we were told to leave school campus by school security, so we walked across the street by Pizza King where everyone else that was told to leave, went also. While we waiting, another one of my friends, Jessica called out to me and said, "Hi"; we talked for a few moments. I asked her if she could let Wendy know that I'd be in a different place after all.

I saw Wendy and called from across the street. She walked back towards the school. Then an officer came across the street toward us. He asked which ones were waiting for the girl? I said, "I am". He looked at me, then said, "We're going to have a talk in my office.". I replied, "About what?" He said, "Either you come with me and talk in my office or I arrest you for loitering." I said, "How can you do that?"

Ronnie: We asked why do you want to speak to Chris. The officer said to come with him again. I said you have to let us know if you're going to arrest him. The officer said I don't have to tell you and then said to Chris to come with him; I asked if I can come with him... the officer asked if I go to this school. I said "No, I go to San Gorgonio High School." Then the officer asked how old we were. I said I was 17 and Christopher said he was 16. The officer said I could wait here and I said ok. Then the officer said to come with me to my office so we can talk, to Christopher. At this point, I was about 1 ½' behind Chris and the officer was about 1' in front of Christopher. I saw 2 security guards, about 1' behind me. The dimensions should be looked at because Christopher was in the middle the whole time... How could I lunge at
the officer as they accused me of doing? Christopher said no to the officers request to come with him to talk.

Christopher: The officer said, "You were on school campus and haven't attended for 8 weeks." I said with a raised voice, "The reason I haven't been to school is that I'm waiting for a special testing." He then grabbed my left arm and started to twist it behind my back so I pushed the opposite way. I saw Ronnie take a step closer only to be pushed back and maced. After that, I was slammed into the wall, then one of their arms was in front of my face, so I bit him. Then they threw me to the ground and slammed and held my face on the ground and twisted my ankle to a near breaking point. I then let all my muscles relax because of the pain. The handcuffed me and put me in the police suv.

An officer came back and started yelling at me for resisting arrest; that made me even more angry so when he shut the door, I slammed my head into the window. He came back and threatened to pepper spray me and said, "If you hit my window again, I'll pepper spray you and you'll have to breathe all that in.”

Ronnie: As the officer went to grab Christopher, but didn't yet, (which I didn't see because my view of the officer was blocked by Christopher who was in front of me... which also shows that I didn't lunge at the officer; how could I do that and why?) in response to Christopher saying no, I moved my hands like I do when I talk sometimes... saying, "Chris, calm..." and before I even said down, school security (Chris saw) threw me to the pavement and then I stumbled but didn't fall. They intended for me to fall. I looked up and was pepper sprayed. I took my glasses off and was again pepper sprayed. I stood there and started to wipe my glasses off and I heard all this going on with Christopher, then I was handcuffed.

A female officer or security guard (I assume she was school police because I got into the back of her car) came and asked what happened. I told her my side of the story and then the officer told their side of the story. She was nice at first, but then, after the officers told their side of the story, I was treated more aggressively, even in the tone of voice and the way she spoke to me from that point on. She told me to get into the car. As I was trying to put my foot in the car, she said, "I don't care, put your foot in the car" I had my boots on and the space was narrow in the back so my foot was sideways the whole time. I was ignored the whole time. I repeatedly
asked nicely to get my face washed off due to discharge from my nose being all over his face and everywhere, plus the handcuffs were too tight... my hands were going numb. I also couldn’t breathe well; I use an inhaler and tried to let her know about this too, but no one paid any attention.

The lady officer said to me that the reason they were there was because Christopher <ALLEGEDLY> threatened to kill Wendy. Apparently that was the whole reason why we were approached, but no one would tell us anything before that, until after I was in the car.

Christopher: I wasn't advised of this until we were at the school police station. And, this allegation is untrue.

Mom: Yet it was acted upon as if it were so and what's so bad about this too, is that the school, reacting to the citation the officer gave, did the same... and expelled him. They didn't even mail me notice of that meeting until the day before so that I received it by mail the afternoon after the meeting had occurred that morning.

Due to the way all this has been handled, I just wonder how fair we would have been treated had we been able to attend the meeting. Christopher hasn’t even had his day in court yet which isn't until 1/11/07 to defend himself and tell his side of the story. Not to mention it seems to me he is getting double jeopardy. He was already been given a citation on that day for:

PC 69 - RESIST OR DETER OFFICER <Why did they persist at him without a parent?>
PC 243.6 - BATTERY ON SCHOOL EMPLOYEE <Why is it they mistreated him?>
PC 422 - CRIMINAL THREATS <He didn’t do this, he maintains his innocense.>
PC 646.9 (a) - STALKING <He didn’t do this, he maintains his innocense.>

Christopher and Ronnie have been made out to appear like troublesome, bothersome kids, when in actuality this is not the case at all. They couldn’t believe they’d be allowed to be treated like this which is why my son, Christopher resisted - he knew he didn’t do anything wrong, including being at his own school. Why, don't officer's who study the law advise and let minors or anyone else for that matter know before they get forceful that if the individual does refuse to come with them that they do have the right to physically force them - because people who aren't required to learn these things don’t necessarily know and therefore would be given a fair warning and a fair chance to comply.

Interaction was mutual and at whatever point Wendy no longer wanted or could have contact with Christopher due to the difficulties with her family, she should have told said so, but Christopher says she didn’t. She’s snuck behind her families back to be with Christopher and has been back and forth due to struggling with her family, resulting in confusion which was frustrating. It’s been hard for them; but false blame isn’t right either to appease a difficult family or whatever.

And what about advising them, (just like when someone is arrested - they are supposed to be read/informed of their rights, they should be advised too of their right that if they want, they don't have to answer any to all of the questions that the police are asking them instead of implying a feeling they are have to answer their questions, which then, the police or whoever may use against them possibly anyway. Why aren't police required to wait and hold the questioning until their parent is present or tell them that as police, they're required to give a citation on these allegations, but that they can and will have an opportunity to defend themselves in court and to obtain a lawyer who can assist them if they disagree with these charges and to speak on their behalf? That would be a non-partisan, more fair and ethically way, it seems, of handling a matter, especially seeing how easily someone can be treated improperly; rather than the police seeming to take it personally, as if an accusation is true. It is not for the police or school to determine guilt in a case such as this- that is what the court is for. The police should only be initializing this process so that the individuals can go to court to settle a dispute, allowing for the attorneys to do their job, looking out for their clients’ rights and interests; isn’t that how it is supposed to work?

And it's ashame that this is all coming to my son from all these different directions when all he's trying to do is get the help he needs and see his friends once in a while in the process, because he misses them. But, it seems even professional school staff and law enforcement individuals let their personal feelings get in the way of fairly treating everyone with dignity and leverage. Some don't take time to see the good and effort that may not be as clearly evident in some individuals as others sometimes, though there just the same, even at critical times - and that's sad. We need to get the details straight before we are too quick to judge and/or take action on someone.

A reminder may be needed not to jump to act prematurely nor unfairly. We're here to help, not trick, trap, act too hastily or one persons side/ word too much credit, without properly checking into the other side as well. Irregardless that it may seem probable that something could have happened - people can lie; and some may make easy targets due to the way they dress, their background or whatever. It's important also, to check with many different individuals who've interacted with the individual; that will result in a more complete, accurate information.

You wouldn't think Wendy would drink or that she would be the type to falsely accuse or be “at someone” or enjoy seeing someone else’s discomfort or hurt, threaten harm to herself and others, ditch and disrupt a class, give mixed messages and mislead, but she makes mistakes too, and has actually displayed these behaviors previously, showing the possibility for foul play.

This is only the about the second time he's even left his home since he got out of the hospital for attempting suicide to go see his friends around after school time - because he misses them; and this is what he gets?

This has been very discouraging; he attempted suicide and his intention was serious and almost proved fatal; he'd rather walk away and die than lash out at Wendy for all the back and forthness and hurt from all this. He didn't want to live anymore. Wendy has had her struggles too. They found love and comfort in each other. It's not either one of their faults and they shouldn't have to pay the price for the unfair, perceptions, opinions, accusations, pressures, and domino effects of all this from Wendy's older sister, etc.

Christopher is hurt, it can hurt when someone perceives and reacts toward you so unfairly. I can see why some people withhold medical information, even on medical cards at school, etc. and/or conceal personal conflicts, struggles, heartaches, hurts, etc.... because sometimes people can take that information and be a cutthroat with it.

Please, look into this... because my sons record is on the line here and it can be discouraging to be labeled and handled so inaccurately , as well as the domino effects from all this.

They know now, they learned the hard way that you have to go with a police officer if they want you to... they also learned that there are only 3 things, I think it is that we are required to say and how to handle a situation like this.

Just from talking with one of the agencies who are there to help with families with needs like Christopher - the lady said, "They do that!" (Regarding other kids like this around school) This has happened to others, but she said most parents just take it in stride or something and move on. I intend on speaking up and moving on.

Thank you for your time and any help you can be in this matter.

Ronnie: After we got to the school police station and I went in to use the restroom, another officer that came in to use the restroom said: "Your nose is still running? You better not get that crap all over my bathroom." The officer that was with me the whole time said don't get water all over the place. I said I couldn't help it, I just wanted to get water on my face very badly. After I already had water on my face, then the officer said, "It's not going to help, but you can do whatever you want."

I was made fun of after coming out of the restroom regarding effects of the pepper spray. I said it burned to Christopher. One male police officer said, "That stuff really kicks country ass, doesn't it." (which is pretty much when I left)

Christopher and Ronnie: The officers in the station were making fun of us, especially Ronnie.

Mom: I asked about Christophers’ gloves after he was released to my custody. Two pairs of gloves were taken from him during all this for which Christopher was not provided a receipt for. Officer Owen said he would return them to us. By 12/5 his gloves still weren’t returned to him, so we checked at school security, the next time we were at the school on December 5th - that’s where they were, in an evidence envelope.

Ronnie: The female officer said to "sit back in the chair, it's comfortable, relax." Ronnie said, "I'm just trying to keep myself busy to keep my mind off the pain" (because it hurt really, really bad) The whole time, every time he tried to open my eyes, the pepper spray was like a powder, it came off my lashes and into my eyes again. My ears, neck, right arm, throat, nostrils... my whole face in general hurt. It felt like someone taking a blow torch to your face.

After I was released to my dads custody, my dad asked if we should wash the pepper spray off. The officer said water will reactivate it; the best thing to do is to let it air dry and not to let it get wet. So it's like they're torchering you over and over when for example we arrived at the school police sation and the officer had me lean over a bar and hosed his face off which that was the 1st and only time he got his face wiped. Whatever they used, it felt like a crumpled piece of paper; my face was raw.

I was not able to visit with my children for the 12/1/06 Friday through the 12/3/06 weekend due to this pepper spray being on me.

Christopher and Ronnie: Their picture was taken @ the police station, so the police should have a picture of what they looked like.

We have pictures that show some of what the police did to us. The school had someone out front videotaping that day and they videotaped this too as it was going on too - Hopefully this can be obtained for evidence too.

Per a phone call to school police, the following were there that day:
Officer Owens/P-23
Officer Land (female)/P-4
Sgt. Medina/C-2
Chief Underwood/C1
A Gang Unit (“Non Specific”)
A “CSO” (“Non Specific”)
Ronnie says there were several different things going on that day around that time. He could hear things coming in over the radio. They (school police, etc.) chased someone to a bus stop, fights were going on and stuff like that.