The family is commenting on this incident as if they were there. Yes, this is a sad situation. Not denying that. Sad for the family of the deceased but as well for the involved officers. However, the officers were correct by saying he could not be detained until he was a danger to himself or others. That is written in 5150 W&I which outlines mental health detentions. They can't deprive him of his freedom to appease his family. At some point, the family is also responsible for him. Why was he not voluntarily committed? Why was he not in a psych-rehabilitation program?

I believe the body cam footage will come out and show officers acted properly. What else were they suppose to do when they were met with his aggression and resistance? Time and distance is an option, but not when someone is creating a public safety issue. If the cops just stood back and let this guy harm an innocent family at that shopping plaza, the lawsuit (from the innocent family) would no doubt read differently. Damned if you do, damned if you dont. Officers aren't required to retreat. The Pleasanton cops are trained very well but they are not psychiatrists or psych ward staff. They are trained with mental health issues but there is only so much they can do while keeping in mind their safety and the safety of the public.

Sorry, but I disagree this was another case of outrageous excessive force.

Bystander cell phone video shows that the PPD brutalized this man, according to the SJ Merc news article. They stomped on his chest. They hit him with a police baton. They used a Tazer multiple times. The victim was unarmed.

Also the parents had talked to the police not once, not twice, not three times, but four times.

The shameful actions of the Pleasanton police make me sad and afraid to live in Pleasanton.

This has been all over the news and I hope the officers involved are no longer on the street....Web Link

Anonymous, read the story outlining the parents’ contact with the police prior to this incident. Then do some research about what can be done “voluntarily” with an adult.

There is a larger issue, now for the third time in Pleasanton, about insufficient training for police on de-escalation. That isn’t just a PPD problem; it’s true of many communities nationwide.

I also would like Mr. Walsh to ask a key question: was Jacob Bauer “declared” deceased at the hospital as a formality? Because the coroner was at the scene . . . meaning he died there and not at the hospital. If we can’t get that clearly and truthfully stated, I think there are many questions about what actually happened.

Resident, really? Then move

Resident:
then get the heck out--no one is making you stay. when you leave please let us know so we can throw a party.

Kathleen, I think you said it right. I do worry that three times might make a pattern.

I've seen first hand the professionalism of the PPD during emergencies. But I'm also aware that I'm not mentally ill and don't need them to use any deescalation techniques on me or anyone around me.

I really do hope the statements about stomping and such prove to be false and that this was a mostly unavoidable incident given that police were needed. None of us know nor will know until the body camera footage is out and scrutinized. I haven't seen the bystander footage.

I also agree that California law is terrible when it comes to committing mentally ill but not obviously life threatening people. Our laws went way too far in avoiding horror movie scenarios of false incarceration so that people who really need help--homeless or not--can not be compelled to receive it even though once they do they'd probably agree it was the right thing. As a state we seem to prefer to let them suffer rather than their rights. It's not an easy call but I'm sure we're on the wrong side of it at the moment.

Due to repeated violations of our Terms of Use, comments from this poster are automatically removed. Why?

This was not an emergency...

very different

This was a response to a 911 call who Raley's employees described as a homeless man went crazy (2 elements of society that are clearly not welcome in Pleasanton)

At first it is reported by the Police that he was aggressive & combative.

Now the PPD have stated that Mr. Bauer stopped and co-operated with responding officers for 5 min. (so I guess he was not aggressive & combative)

Then stopped answering there questions, so the police "jump him".

Don't these 2 officers have any knowledge of the 5th Ammendment in the Bill of Rights?

Now the justification story is the old "standard company line" "I thought he had a weapon"

Even if he did have a weapon (maybe a boxcutter?), i don't think carrying a weapon is illegal. Only weapon one cannot carry is a firearm.

Could go on, but I'll conclude with this statement of fact:

Pleasanton Police have a reputation for excessive tactics. I've seen it many times myself.

This tragic event was entirely predictable and expected.

Surprised PPD "strongarm, street justice tactics" have not resulted in more deaths.

To "Resident" the actions of the police make you sad and afraid to live in Pleasanton`...That comment is so absurd... try to live in any of those cities along the bay... San Leandro, Oakland, Pittsburg, Antioch, and then you will now what being afraid really means.... Pleasanton is the best and safest city in the entire Norh California region

Resident,
Really, "afraid to live in Pleasanton"?? I here there is a house for sale in East Oakland, you may feel a tad bit safer there. They only had 4 shootings and a killing in the area this weekend.

Hey Grumpy,
You tend to ramble on in your post. A weapon can be any object, just depends on how it is used. A baseball bat is meant to hit baseballs but has been known to strike a human head or two when in the wrong hands. Turned into a weapon! A ballpoint pen is meant to write a note to your loved one but when used to stab someone it becomes a weapon. The point is that what you see as just an everyday item is seen differently by a trained police officer.

Contrary to your opinion there was "not an emergency", someone made a 911 call to the police reporting in your words, "a homeless man went crazy". I guess we just have different views on what is an emergency. The Fifth Amendment? Yeah, he doesn't have to talk to them but that does not preclude him from being compliant to their requests. If he is "crazy" then he needs to be removed from the situation where he is a threat to innocent people, and sometimes that means by force. Force is not always pretty to the one that is not having to do it. Much easier to second guess the guy who is putting his life on the line for them than to get involved.

You make the following damning statement, "Pleasanton Police have a reputation for excessive tactics. I've seen it many times myself". Please provide the incidents that you were present and witnessed first hand excessive force used by the police. The PPD exists to protect the community and I think they do a great job.

Lastly, you are correct when you state that homelessness is not welcome here in Pleasanton. Have you been to Oakland, San Francisco or San Jose and seen the problems that the homeless encampments create? They have turned those cities into third world countries. Do you want that living outside your front door? I think not!!!!!!!!!!!!

CM, to clarify . . . Jacob Bauer was not homeless. I don’t want that to be what people take away from the posts here.

CM, we are beyond describing a person as crazy, aren’t we? Even in quotes.

There is using force, and then there is using excessive force. We have three dead people in recent years. I’m of the opinion all the deaths were due to use of excessive force . . . and insufficient training in de-escalation. And perhaps not enough of the proper tools that maintain the safety of the person under duress and the safety of the officers.

We have an assault vehicle, guns, and tasers. Great. Now let’s look at what else, including training, can be done so we have no need to question our officers’ about excessive force.

Thank you validating EVERY point I made in my Hey Grumpy post

You've really shown what type of True Character this "Community of Character is"

I'm with resident...

It is the Police who are/ and should be feared (Not the criminals) (or is there really any difference except for a badge?)

Time to move out.

In ending...something to consider...

Data supports the fact that well over 20k of Pleasanton residents suffer from some form of mental health illness. PPD should stop treating these people as criminals.

My hope is that when PPD encounters these people, their lives will be spared.

Not sure who "Hey Grumpy" and "Hey CM" is but I'm all for your suggestion of you moving out of this dangerous city we live in. You never answered my question, what incidents did you personally witness where there was excessive police force used? Just so I have it quoted right, here is what you wrote "Pleasanton Police have a reputation for excessive tactics. I've seen it many times myself". Of course excessive "tactics" is in the eye of the beholder and really different to someone that never has had to protect themselves or others.

Kathleen, I didn't call him homeless, I was quoting "Hey Grumpy". I know he wasn't homeless, I believe he lived with his parents.

Let me ask one question and I'm done. Does the family have any responsibility in this unfortunate incident since they did not get the young man the help he needed when they KNEW he was unstable yet let him roam the streets of our city? Telling the police is NOT getting him the help he needs. We always have to find someone to blame.

The parents called treatment facilities as well. Even Jacob Bauer’s employer tried to get him help.

Jacob was 38; his parents could not confine him. The laws make it difficult to get a non-consenting adult help. Do the research.

The better point would be, despite attempts to keep PPD informed, there were no flags put out to officers to ensure any potential confrontation was handled with de-escalation tactics.

Sounds like you know the family Kathleen. I don't need to research it, I know the law. You can do 72 hour holds and you can get court ordered help for those in need. Long process but it can be done. He was 38 so it seems they had a long time to get it right and didn't.

How do you know how this was handled on scene? Hell, they may not have even known who the guy was until it was over. Where you there? Did you witness the event as it happened? If not, then you know what I know, which is nothing. Too much opinion based gossip and nothing based on facts. I'll give the police the benefit of the doubt every time.

To do a 5150, you have to prove danger to self or others. If there is no violence or a psychotic break, no 5150.

A psychotic break can’t be predicted—be here at this date and time—so approaching anyone who is reported to police in a case like this should trigger different protocols, especially de-escalation.

The police should have known; it is simple enough to keep officers informed, provide a photo, whatever it takes to keep all parties safe.

Pleasanton does have families struggling with similar situations—families with few options and often little control. Remember this incident: Web Link After a chase, PPD left this man, alive. That should be the intended outcome.

If putting a loved one on a hold were merely a “long process”, perhaps it would be an effective tool. But it isn’t.

@Kathleen Ruegsegger wrote :”There is using force, and then there is using excessive force. We have three dead people in recent years. I’m of the opinion all the deaths were due to use of excessive force . . . and insufficient training in de-escalation. And perhaps not enough of the proper tools that maintain the safety of the person under duress and the safety of the officers.”

Who are you to be making such serious allegations, Kathleen? You weren’t there in any of these cases. You have no expert training or qualifications in any area (e.g., forensics, police tactics) which would give you standing to make such serious, accusatory allegations. I carefully read through your posts here looking for any facts that you provided in support of your accusation that the police used “excessive force” and had “insufficient training” and didn’t have “proper tools”. You presented ZERO facts in support of ANY of these accusations. If you’re going to make serious, specific accusations against others, you have an obligation to back up your accusations with supporting facts.

Thanks Doug. I asked the same questions, was she there, did she witness the incident that took place? She seems to know everything but has no facts to back her statements. Guess reading what others say qualifies as fact.

And Kathleen, a 5150 is a very easy detention method. You read the law but you don't have the practical working knowledge of how it is implemented in the real world.

No expertise; never claimed it; prefaced by “In my opinion”. I did, however, read the coroner’s report and the police interviews in the Deming case. There were important details that made me believe something went very wrong; still not an expert. But the officer is no longer PPD, and the city settled.

It has been noted by the experts that de-escalation training is a few hours and insufficient. Proper tools are any and all that make de-escalation easier. I am suggesting all officers, not just PPD, need both. These are not accusations; they are in support of officers having everything they need to be safe and to protect each of us, particularly when following commands may be impossible. Sanctity of life; both sides of the events.

We should ask for the promised transparency (video), now nearly a year after the event. Then we can all have the truth of it.

CM, I know people who have tried your very easy detention method. It isn’t very easy with adults.

I did it.

I was there.

That's right.

Was standing 2 check-out isles over purchasing my groceries and saw everything in Raley's.

Heard the Raley's employee remark of "a homeless guy has gone crazy"

What I did not see were any shopping carts picked up & thrown, nor opening and throwing of liquor (or any bottles)

What I did see was a guy who did act strangely...he was tapping on the tops of bottles and appeared to talk to them.

Walked into the self check out register, and let out a scream for about 5 seconds.

He was not near anyone, did not approach or threaten anyone, then walked out the store.

After placing my purchase in my car, there was a lot of sirens behind Jim's restaurant.

Being curious, I walked around the donut shop on the corner, to see Mr. Bauer on the ground in the "Hanible Lectur" suit, being kicked & beaten by 2 PPD officers.

Sorry, but after being a witness to this horrific murder by "trained police officers", and then seeing all the lies regarding the events issued by PPD...just makes me sick.

I hope the family does not accept ANY settlement, and that this lawsuit goes to distance in court, becomes very public, reveals the lies of the PPD and shows the TRUE character and culture of the PPD.

Being an eyewitness...there is NO WAY PPD is going to allow any video from this tragic murder go public.

CM, I’m glad your experience was different. I hope your loved one is doing well.

Hey CM & Hey Doug, thank you for stating what you saw.

@“Hey CM & Doug”

Your claims on what happened in regards to shopping carts and bottles thrown on the ground run counter to the claims by the Raley’s store manager as reported by this story. Maybe you were there or maybe you weren’t. The only thing we know for certain at this point in time is that you’re an anonymous poster on an Internet forum making some claims which may or may not be true.

Now if you’ll excuse me I have to get back to waxing my new bright red Contach Lamborghini sitting in my driveway...

Glad to have the opportunity to post anonymously.

Mainstream media calls people like me "un-named sources"

What has become of this town?

2 black ladies delivering Amazon packages are pulled over & detained for 20 minutes because someone reported them stealing mail.

Christian Monks have the Police called on them because they are wearing a frock & have tattoos.

Residents are concerned about a guy smoking on the curb, talking to himself, and consider calling police.

In the first 2 incidents, PPD responds and detains them.

Doug, you have been brainwashed & deceived. The Raley's store manager you quoted was not even working on Aug 1, 2018

I know what I saw, and eagerly await the release of the 911 tapes and ALL unedited video.

@“Hey CM & Doug”
I guess all of those witnesses were just making up stories. Guess you'll set them all straight on what they really saw when you take the witness stand! That is if you actually saw any of the incident. As they say, the video don't lie.
One thing about FACTS, they never change!

Those claiming fear of the PPD do a serious disservice to those that are actually rightfully experiencing day in and day out injustice by their local PD. Shame on you. You have no basis to relate, just stop with the #metoo experience.

Kathleen, you are right 3 people should still be alive, they should have listened after multiple orders to comply. 2 of the 3 were willful and conscious enough to attack, and we should all have a healthy respect for life, including that of the officers that serve and protect. People need a healthy respect for law enforcement, you will be met with harm if you don’t comply, it’s your life you choose to risk, not an officers.

I don’t know enough about the last incident, and if the officers were using excessive force on an unarmed man that wasn’t fighting them, they deserve their day in court to face those consequences.

A famous poem, updated by an anonymous source

To the residents of Pleasanton

When they came for the homeless, I did not speak, because I was not homeless

When they came for the gangmembers, I did not speak, because I was not a gangmemeber.

When they came for the illegal immigrants, I did not speak, because I was not an illegal immigrant.

When they came for the Christian Monks, I did not speak, because I was not a Monk

When they came for the Amazon delivery drivers, I did not speak, because I was not a driver.

When they came for the mentally ill, I did not speak, because I was not mentally ill.

When they came for me, there was no one left to speak for me.

@“Hey Doug” :”Mainstream media calls people like me "un-named sources"”

No, not quite. Any real reporter working at a reputable newspaper would do some kind of background check on their news source to make sure that the source has some level of credibility. You, on the other hand, are just a completely anonymous person on the internet just like the rest of us.

As for your claim that “The Raley's store manager you quoted was not even working on Aug 1, 2018”, how do you know? The story simply said that “a manager” at Raley’s saw Jacob Bauer slamming shopping carts and bottles. The story didn’t mention the name of the manager.

The incident happened in the middle of an afternoon in front of a supermarket so I’m pretty sure that there will be at least a few eyewitnesses.

Hey Pleasanton- bye, I’m glad you’re getting the help you need vs being allowed to endanger others and yourself.

I only wish you to keep an open mind.

How do you know that PPD does not have a statement from me?

PPD are quoting "un named" witnesses, including an un named "Raley's Store manager", which of course the PW seems to be only too happy to support the narrative as directed by the police.

So the way I see it, only un-named sources (PPD excluded) are being referenced.

Why won't the PPD release the names of these "witnesses", or at least the statements and video they were given.

Oh, I forgot...the standard company line "it's under investigation" so we cannot release any information.

Double standard....

Where is the outrage shown by the PW when the CC sheriff refused to provide info to the PW using the excuse "it's under investigation", then when the case was closed, the PW was told "investigation closed" we are not releasing any info?

Ball is in your court.

@Doug
I think we have been trolled by an "anonymous source"!! You notice that no one has supplied any facts, only speculation.
:)

I appreciate and trust statements made by folks using their real names. Thank you Kathleen. Easy to spout off and hide behind an anonymous name. And not so trustworthy.

Joe Demartino:
I totally agree with you.

Looks like we have a few posters that should be going through the police academy and then join our local PPD because obviously they will do a much better job and be able to make this an even safer city than what we have now.
Thank you PPD for the work you do to make this a great town to live in.

Flightops, As long as there are questions and ways to improve outcomes, we should ask and it should be accomplished. I am advocating for more safety for officers and the people they are here to protect. Zero tolerance for anyone’s death.

I hope you apply that standard consistently.

So you and others seem to be content to believe information from 2 PPD press releases issued in less than 24 hours after this tragedy.??

I would like to bring to your attention that no individuals are named in any of the PPD press releases (i.e. anonymous)

Why are the police refusing to name the 2 PPD officers? Why are they refusing to name the Raley's store manager? Why are they refusing to name the witnesses (or at least release their statements)?

The PW states that the family has a different story to tell (I suggest people clink on links provided by PW)

A story that is supported by the top Forensic Pathologist (Dr. Cyril Wecht, JD) in the USA, if not the world. As well as video & eyewitness statements.

Web Link

I look forward to hearing their story.

The situation with the son was chronic, and although the odds of a an eventual conflict were completely predictable, the where and when and what of that conflict were not.

It's a shame that the parents in this case feel the need to assign blame for their family's misfortune. Their statement to the press says otherwise, of course. It's disingenuous to attempt to find fault with a police force that was responding to the incident in the store.


There is no winner in this situation. As hard as it is, the family should recognize that instead of trying to make the police the scapegoats for their son's illness.

Parent, This is about changing how anyone, let alone someone having an event, is treated by police. For far too long, the statement, I was in fear for my life, has been enough for the public to be abused in a variety of ways. We can protect police and ourselves. That change is needed here.

I think that this section below is a critical part of the story:

“Prior to his death, Bauer worked as a contracted employee for the file hosting company Dropbox. A few weeks before the incident, his coworkers alerted the police and officers reached out to the family about their concern about his mental state, his parents said at the press conference, according to Bay City News Service. Bauer was never diagnosed with mental illness because the family was not able to convince him to seek help...”

Bauer’s co-workers as well as Bauer’s family knew that he was a potential ticking time bomb due to his mental state, but no one was able to do anything. This is the point where things went off the tracks. This is the point where everyone around him knew that something bad was likely to happen. But no one was able to do anything because, as things now stand with the law, this obviously mentally ill person himself had to be convinced to seek mental health assistance. Sort of a Catch-22 situation, isn’t it?

Going after the police and focusing on them for a solution to these types of cases is barking up the wrong tree. This problem should never have reached the stage where police officers had to confront an aggressively acting, mentally ill person in a public parking lot in order to protect the public. There needs to be a means by which obviously mentally ill people who are potential ticking time bombs are put into the care of mental health professionals in the interests of protecting the public and the mentally ill person.

Doug, to clarify, it wasn’t a parking lot. Jacob wasn’t aggressive. The parents notified police multiple times.

Read the autopsy linked in this article (the first is summarized in the second). It is informative.

I agree with the majority of what you wrote. But the police **are** part of the solution until and if we get better laws. They are first responders.

Here is a link to Pleasanton Police Policy 419: Web Link

The policy starts on page 346. Section 419.6 speaks to de-escalation, including waiting, which was done in one recent case that made the news.

We have the words, but not necessarily the consistency in the actions.

Kathleen - "This is about changing how anyone, let alone someone having an event, is treated by police. For far too long, the statement, I was in fear for my life, has been enough for the public to be abused in a variety of ways. We can protect police and ourselves. That change is needed here."

No its not, see those two boxes checked on the civil complaint (x) monetary....(x) punitive

This is about money and blame. The parents aren't asking for funding for officer training, or mental health treatment programs, or even a change in policy. Its a money grab.

And again, if the officers used excessive force (in accordance with their training, not public sentiment) then punishment is justified.....but why file in civil court, not criminal court if this is about justice and criminal behavior?....oh that's right, monetary compensation doesn't come from criminal court.

Doesn’t the DA determine criminal charges? Has that office weighed in? I could have missed it.

You are only partially right.

Only County or State DA can file criminal charge.

Federal Justice dept can only file violation of constitutional rights charges. (Anyone remember Rodney King??, attacking officers went to prison on Federal charges)

Only recourse the family has is to file civil suit, after a claim against the City is rejected. (Which appears it had...otherwise no lawsuit)

Big mistake in my opinion.

Last thing Pleasanton (or any City) needs is a video shown on CNN or Fox news of 2 of their Officers brutally beating and unarmed civilian to death.

These 2 officers should be held accountable for this homicide.

They will be given a fair trial, and judged by a jury of their peers. Which is their Constitutional right. A right which these 2 Officers denied Jacob Bauer-----specifics which are listed in the lawsuit.

Postings by Doug violate the terms & condition of this forum.

He should be at least ignored, and at best all his posts should be removed for this violation.

His comments and information are outright lies.

The final straw was his characterization of Jacob Bauer’s co-workers at DropBox and his family stating they knew he was a “ticking time bomb”

This statement is patently false, and was reported in no media outlet. (I’ll extend my apologies in advance if Doug can provide the source of this quotation).


Worse, his (and others’) Characterization of people suffering from Mental Illness is abhorrent.

Even the PPD which Doug so blindly defends, never described Jacob Bauer as a “ticking time bomb” and in the last 5 weeks of Mr. Bauer’s life (including Aug 1, 2018), the PPD never determined (in their public statements thus far), that Mr. Bauer was a danger to himself or others.

Read the statement made by PPD Capt. Cox. “Jacob Bauer stopped talking when asked about a weapon, so Officers became concerned…...


PPD had NEVER stated Mr. Bauer was a danger to himself or others.

Heck, he was walking alone on the sidewalk behind Jim's when confronted by PPD. Where were the "others" who he may have been a danger to? He just left a Raley's with dozens of people, and did not approach or threaten anyone in the store.

It has been reported that a Raley's employee asked Mr. Bauer to leave the store. And it appears that he did so quietly and without incident.

@Hey PW

The calling of Jacob Bauer as a “potential ticking time bomb” was my own words and was based on the fact that his co-workers were so alarmed about his mental state that they actually contacted the police about him even though he had not yet done anything illegal and had not yet been arrested for anything. That, IMHO, is an indication that they knew he was a “potential ticking time bomb” who might act out in a way to harm himself or others. That’s why they contacted the police about him. (You left out the word “potential” from my description of him, btw).

My description of him was my opinion and it was fact-based. Nothing slanderous or libelous about it.

@Hey
Typical leftist move, if you don't agree with someone ask that they barred because they disagree with your way of thinking. You write about Doug that "His comments and information are outright lies". How do you know that? How do we know that your statements are fact? Because you read it somewhere? Heck, the police and D/A have not released any of the evidence that they have gathered to this point. Unless you were there and witnessed the confrontation from start to finish everything you have written is pure speculation. Wait for the report to be release and then you can cry all you want about how there is a cover up, yes that will be your next crusade.

I don't know much about this but I do find it ironic that the examiner that the family hired came to the exact conclusion that they wanted him to "Jacob Bauer died as a result of asphyxia during physical restraint by police" Money will buy you whatever you want I guess.

Has anyone else noticed our absentee Police Chief? Never any comment, never holds any press conferences, never gives any interviews. Last April a bank was overtaken by gunmen which resulted in a gun battle and chase in our town. Any other police department in the Tai-Valley would have held a press conference. Not our town. Our information was limited to a lobby interview with a Captain.

If this is the work ethic that he leads by, what other results can we expect? Time to replace the leadership if you ask me.

My apologies, the bank robbery was in February, not April

HAPPY BIRTHDAY JAKE

June 27, 1980

You are missed by friends & CoWorkers

We know that you had a heart of solid gold, who would not harm a flea.

I pray daily for your soul, and hope it rests in peace

Stan - you want our police chief to spend his time conducting press conferences rather than running his department? That's not leadership; that's showboating. Maybe instead of advocating for a leadership replacement, you should find a community that believes in your type of "leadership"...

I'd like to find out why the police chief did not have a press conference. I do not consider a press conference showboating.

Nothing about the police's side of this story makes sense. The officers say that the person did not show signs of distress until within the ambulance. If that is the case, why was the ambulance even there in the first place?

Also, why would the police chief keep officers on the streets that repeatedly shock a person who has broken bottles in a grocery store?

Also I am puzzled how the city of Pleasanton somehow finds the time to have a policy on nail polish and French manicures in its police department policy manual (p. 692 Web Link when they have had repeated incidents of residents either dying in their custody, being shot by the police, or dying in Santa Rita jail.

This time it appears there is documented video and audio of the "incident". Perhaps the best way of alleving public concern about those who are supposed to "protect and serve" us is to release it, as it may offer more insight into the matter than any of the above posts.

Let's see if, when and under what circumstances this actually happens............

"Hey CM & Hey Doug", PPD does NOT have the option to refuse to release the video so you are incorrect in your statement Per SB1421, they would have to release their internal report and the video.

I agree will you 100%

I am very familiar with SB1421.

Look closely at the recent statements of Capt. Cox of the PPD.

He states that there is an open investigation by DA (Nancy O'Malley), so the tapes cannot be released.

All statements made by Capt. Cox lead one to conclude that the PPD internal investigation has been closed.

Capt Cox shared the conclusion of that investigation "The Officers acted appropriately".

Even with SB1421, I am not holding my breath...there always seems to be an "escape loophole" in any law.

Just look at what happened earlier this year with 1421, and remember this incident took place in 2018.

They will find a "reason" not to release the tapes.

Even if they do release, they have had almost 1 year to make their video edits needed to support their narrative that "the Officers acted appropriately.

For those who do not know what 1421 is, please do some research into the law and why it was needed.

A great step (of many needed) to protect the public.

Forgot to mention

Even State AG Xavier Becerra, whose job it is to uphold the law, fought tooth & nail to prevent release of info of law enforcement reporting into AG.

So much for upholding the law.

Do not know if the State AG ever released any info under 1421, or if he is continuing to ignore his responsibility under 1421.

He did this even after the courts ruled decisively in favor of 1421 proponents.

Here is what is happening under 1421 (scroll down): Web Link

PPD hasn’t made the list yet.

There also is an organization that is ranking the 100 largest police departments on a variety of matrixes (Campaign Zero used the data from the California Department of Justice—Open Justice). This link is for the 2016-17 year: Web Link We received an F overall for that year.

To be fair, that ranking doesn’t match the sentiments of the 600 citizens surveyed in 2017 (the last one I could find). The PowerPoint results are here: Web Link I realize these surveys are statistically representative of the community, but I do have concerns that there are 80,000 of us and many could feel differently. Shouldn’t this be an online survey where any interested citizen can respond?

I will continue to support de-escalation as a best practice for maintaining sanctity of life. In general, we have a safe community and dedicated officers keeping it that way.

F for low level arrests?! Ha, that grading system is ass backwards

Interesting takeaway PP.

1 DEADLY FORCE INCIDENT
That’s higher than 44% of California police departments.
3 CIVILIAN COMPLAINTS OF POLICE MISCONDUCT
0 complaints were ruled in favor of civilians from 2016-17.
1,881 ARRESTS MADE IN 2016
Police made 14.7x as many arrests for low level offenses as for violent crimes in 2016.

There’s a lot more data and explanations.

@Kathleen

Don’t know what methodology the website that you linked to is using to come up with a rating of “F” for Pleasanton while at the same time coming up with an “A-“ rating for Carlsbad. The population of Carlsbad is about 40% greater than that of Pleasanton, but according to the website you linked there were almost 10-times as many civilian complaints against the Carlsbad PD than civilian complaints against the Pleasanton PD in 2016-2017 (26 vs. 3). So Carlsbad gets an “A-“ rating while Pleasanton gets an “F”? Doesn’t make sense to me.

I put zero weight in that website. Almost every police department is an F.

I agree with Kathleen that we should encourage continued training, various situational strategies, etc. We should encourage and support our local PD in these efforts. But we also shouldn't chastise them when they shoot a criminal that is attacking them.

So i support your advocating for better training, mandatory reviews of lethal events. Do you support my advocating for an officers right to defend themselves from a criminal attack, up to and including the use of lethal force?

@PP, Yes, I support your thoughts in a criminal attack. But not in the case of someone in mental crisis.

@Doug, it’s one organization’s ratings based on CA DOJ reporting provided by the cities. There is a menu to provide their process. Some of this is based on civilian complaints and the fact PPD exonerated itself on all three complaints that year. And that is important, because they do exonerate themselves.

There is no civilian oversight. The current oversight of the police department is done by a city employee who then also reviews the performance of the police chief. It seems like a conflict to me. At a minimum, it should be our elected officials or some other independently appointed body/person who is reviewing complaints and actions taken by this important department that interacts directly with our citizens.

Sorry Kathleen, attacking an officer is a criminal act, and anyone that chooses to attack an officer is mentally diminished in some capacity, as an attack on an officer is a clear outcome, as it should be.

Its wrong of society to ask a wife, mother, son, sister, brother, daughter of an officer to accept that the life of a criminal that attacks that related officer is of more value than that of the officer.

I know its hard to accept, that all life is not equal, but its not. An officer, a non criminal one, provides greater value to society than a criminal. We need to appreciate that reality even if it hurts us from an ideological position.

@Kathleen :”Some of this is based on civilian complaints and the fact PPD exonerated itself on all three complaints that year. And that is important, because they do exonerate themselves.”

So? Did it occur to you that maybe the PPD should have been exonerated in all three cases, or do you and this website that you linked assume that any exoneration of police from any citizen complaint represents an injustice? The website that you linked certainly seems to think so. It gave Carlsbad an “A+” in the category of “police accountability” simply because it did not exonerate the police in about half of the 26 citizen complaints against its PD. Meanwhile, Pleasanton, a city which is only slightly smaller, gets a police accountability score of “F” despite having only 3 citizen complaints against it, Why? For no other reason than that the PPD was exonerated of all three complaints. Your website made no attempt to investigate the details or the validity of the complaints. It just automatically gave Pleasanton an “F” because Pleasanton was exonerated of all three complaints, as if any exoneration of the police for any complaint whatsoever is a travesty of justice. It’s a wacky, looney, website with a wacky, looney methodology for declaring conclusions.

PP, there was no attack, and outcomes are not at all clear to a person in crisis. Officers know that as well as anyone else.

I would like you to step forward and introduce yourself face to face (not on these blogs) and say to the families of the deceased that the lives of their sons/brothers/uncles were less important than officers who are sworn to protect all lives. I don’t say that lightly or in jest. Every officer knows what they sign up for and so do their families. And no, I don’t want any officer to die under any circumstance, which is why we have already agreed any and all training and tools for de-escalation are supportable and needed. An example, a crisis intervention team is mentioned in policy as is coordination with local mental health experts, but is there a team or were experts called?

Doug, As I said, it’s one group’s assessment of readily available data from a reliable source. I don’t think people come forward willy nilly to file a complaint against the police. Could all three have been wrong? Sure. Do I think someone else should make that determination? Absolutely.

I agree with everyone else here in wanting to see the video footage. What we have been told raises a number of questions.

According to the Alameda county coroner report, officers had deployed the taser in drive-stun mode several times and targeted the neck. It is well recognized by law enforcement experts (Police Executive Research Forum), taser manufacturer's training, and even PPD policy that (1) drive-stun mode is ineffective, (2) multiple taser deployments on an individual increases risk of death, (3) sensitive areas including the neck and head should be avoided. When drive stun mode is used (as opposed to probe mode), it causes subjects to become even more agitated (less compliant) and is not effective at gaining control.

According to the manufacturer's taser training materials (Web Link "If person is NOT immediate threat or flight risk, avoid CEW [taser] use:
- without first attempting verbal de-escalation, commands, or physical skills
- on person known or perceived to be emotionally disturbed or MENTALLY ILL
- on elevated risk populations
- for PAIN COMPLIANCE if pain foreseeably ineffective due to tolerance from drugs, alcohol, or PSYCHOSIS"

According to PPD policy (Web Link )

"Because the application of the CED in the drive-stun mode (i.e., direct contact without probes) relies primarily on PAIN COMPLIANCE, the use of the drive-stun mode generally should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers TIME AND DISTANCE to consider other force options or actions.

Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin.

Officers should apply the CED for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the CED against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications. "

Police Executive Research Forum (Web Link states that repeated or multiple applications may increase risk of death, persons in medical/mental crisis are at an increased risk of death after taser application, and that positional asphyxia has been mentioned as a possible contributing factor in a number of cases in which subjects died after one or more ECW applications. "Police personnel should be trained to use a restraint technique that does not impair a subject’s respiration following an ECW application"

@LanceM - Are you implying that the pathologist the family hired to perform an independent autopsy is not credible? Cyril Wecht worked on John F. Kennedy, Elvis Presley, JonBenét Ramsey, and Sharon Tate among numerous other high profile cases.

Spiller is PPD Chief

PPD internal affairs dept. reports to Spiller

Spiller named as defendant in lawsuit

Does anyone else have concerns about this "conflict of interest"?

In this case. The police could have done better.

@PP, as Kathleen says, the lives of police officers aren't any more or less valuable than the lives of the people they should be protecting. I would be happy to say that to the face of any police officer/police chief/deputy. You have it wrong.

Do I see another couple of desk job openings appearing in Contra Costa?

Kathleen,
Sure, if you think that will make them feel better I will. And to be clear, I'm not referencing this latest incident as I'm not aware of what really happened, so in this instance I'm in no position to state that he was a criminal.
But if you want me to say to the faces of the other two you referenced, I'm sorry for your loss and couldn't imagine the pain this caused you and your family, and I also support the officers in their choosing to defend themselves after several warnings and even after physical defense, sure, I will.

PP, People in mental crisis do not understand those ignored commands could result in their lives ending. No person, in their right mind, ignores the police on purpose. Even a criminal is likely to surrender if there is no escaping the potential of being shot.

But the police understand escalation could mean an unnecessary death. Which is why they should avoid it until, and not one moment before, escalation is necessary to save their own life or that of an innocent bystander. And they can do that with a crisis team, additional training (if a crisis team believes it is required), every tool available, and/or local mental health experts. And anything else that ensures sanctity of life.

Release the video - then we can see what actually happened, based on this, and there is a level of accountability:

On the one hand, the police actions could be justified.

On the other hand, it may be that this is an issue which should definitely not be "brushed under the carpet", with a cheap settlement and subsequent reassignment/s - or no action at all, and those involved remain armed on our streets.

What could justify stomping on a person's chest after they are completely restrained? (the wrap covering arms and legs, spit mask covering face)

If this is true, there is no justification I can think of - and it also begs the question why it has taken 11 months to get to this point.

Funny how people are framing this guy as a poor victim suffering from a mental illness while ignoring the undisputed fact that he had so much methamphetamine in his system that it caused or significantly contributed to his death. Maybe if he didn't consume enough meth (a drug known to cause psychosis) to cause his own death, he wouldn't have been displaying symptoms of mental illness at all. Some 'victim', heh.

idk, you clearly don’t understand mental illness. Please read and come back with a studied comment. And try to read everything available so far regarding this event. Meth or not, Jacob Bauer did not need to die.

Is that true? He was on meth? Credible source to reference?

If true, that completely changes this. You dont get to purposefully kill your brain and then claim victim to mental health. Really takes away resources and credibility from those that really are victims of mental health issues.

PP, didn’t you read the coroner’s report? Do none of you know about mental illness and the link to self medicating? These uneducated comments are destructive. I don’t think you mean to imply death was an acceptable outcome.

@Pleasanton Parent :”Is that true? He was on meth? Credible source to reference?”

Yup. Read the article. The guy was on meth. The coroners on both sides agree on this point so it’s really not up for debate. Interesting how with all the Kathleen’s preaching about the PPD’s alleged mishandling of a simple case of “mental illness” she neglects to mention even once that the guy was high on meth, isn’t it?

Kathleen,
Sorry, no I did not read the coroner's report, on meth.....do not pass go. Do not collect $200. If you're lucky go directly to jail. If you're like most, it's a death sentence.

There are plenty of individuals suffering from mental health issues that don't self medicate with meth. Sorry. With limited time and resources we prioritize them first.

Now I still would hold this doesn't give officers free reign to abuse a criminal/suspect but when meth is involved there definitely is a higher probability of violent combativeness by a suspect.

I’m confused, are idk and Doug saying that being on meth justifies officers stomping on a person's chest three times and beating their legs with a baton after they are completely restrained? (the wrap covering arms and legs, spit mask covering face)

There are obviously a lot of smart people in the community following this case. We deserve the video released so we can see for ourselves what really happened.

@“We deserve”

Yes, you are confused. You’re just wildly making stuff up. Your post is not worth responding to further.

@Doug - Per the autopsy report, the private investigator stated bystander video showed the following:

"It appeared that Jacob was completely restrained and was completely motionless. An officer then removed his “baton” and aggressively struck Mr. Bauer on his right upper thigh/hip area approximately three times and using a significant amount of force. This officer then walked to the let side of Jacob’s chest and stomped on Jacob’s chest area three times using his right leg with a significant amount of force. During the strikes and stomps, Jacob’s body remained motionless and did not respond."

Doug seems to think that this is acceptable treatment of someone on meth.

PP and Doug, commenting while uninformed . . . and still uninformed about this case and those in mental crisis.

This is about sanctity of life—for officers and those with whom they interact. I will repeat, there was no reason for this death. It was avoidable. Period.

@“We deserve”

You’re quoting not a witness to the event but the opinion of a private investigator working for the family that’s filing a lawsuit against the city. Yeah, we can all be sure that a private investigator working for the family is an unbiased, accurate source of information, right?

He’s not an unbiased source of information and neither are you. Both of you are heavily biased.

@“Kathleen” :”PP and Doug, commenting while uninformed . . . and still uninformed about this case and those in mental crisis.”

OK, Kathleen, I have the time and interest to inform myself further on this incident and am willing to view the facts with an open mind. I see the autopsy report provided by the coroner working for the family is linked to by this article. Do you have a link to the official autopsy report by the county coroner?

Doug, the expert coroner starts with the conclusions of the county coroner. Nothing has been released by the city or the county coroner or DA—after nearly a year. There are presumably body cam videos (and I would seriously question why there wouldn’t be) and a witness’s video. How does it take this long to determine what happened? The family is not getting answers. Would any of us just bide time waiting? I wouldn’t. The truth, all of it, no matter the outcome, is necessary, and sadly requires families to take that role.

Things that are a concern—a medicine injected too late to save a life; a coroner on the scene, but a pronouncement of death at the hospital (a formality?)?

Also, and I heard this from a reliable source, but have no way to confirm, that the investigator is a former PPD officer. I am going to guess the family was careful with whom they chose to work. Why risk not getting the whole truth?

My interest is in not having anyone injured in these situations. Clearly there is room for improvement.

I have reached out to all city council members and the mayor to try to understand why there is no independent oversight (be that the city council or another model used by other communities) of what I referred to as this unique and tremendously powerful department. We are a growing community, and it is time to change that one person can oversee complaints, internal investigations, and the general operations of people with guns and tasers at their sides. The officers need those tools (all tools) to do their jobs properly. And the community needs serious accountability for their actions. We do not currently have that assurance.

So far, only three city council members were kind enough to reply.

According to the autopsy report provided in the article, the Private Investigator hired by the family is Ronald Parker. His LinkedIn profile states that he worked for Pleasanton Police Department

Web Link

@Kathleen

OK, thanks for the information. If the county coroner’s report has not even been released to the public, then I think that it is premature to be jumping to any conclusions about this case. Just reading the report of the coroner hired by the family which includes statements by a private investigator hired by the same family is NOT getting a balanced view of this case. In fact, it’s a sure and guaranteed way of getting a one-sided, distorted view of the case.

I do not know what happened here, but based on the questions raised, I now surely want to (as a concerned resident of Pleasanton).

Irrespective of what happened leading up to this point, if this man was restrained, and no threat to anyone, then anyone who subsequently continues to inflict violence on him is themselves breaking the law, and should be held accountable for this, as any other person would be.

@Doug, the first part is what the family hired expert received from the county coroner. There is no bias.

@Kathleen :”the first part is what the family hired expert received from the county coroner. There is no bias.”

Please, Kathleen. A brief summary of the county coroner’s full autopsy report contained in a report prepared by a coroner who has been hired by the family to look into possible wrongdoing by the PPD can hardly be claimed to be evidence of a fair and unbiased presentation of the views of both sides of the case. Every time I try to give you the benefit of the doubt and seriously consider your views, you go and completely trash your own credibility by writing something silly like the above.

I’m going to reserve judgement on this until I see the full facts of the case as presented by both sides, and I suggest that you do the same.

@Doug, I am sure there was a summary in the county coroner’s report. I’m also certain an expert coroner of this caliber is not jeopardizing his reputation for the Bauer family. Maybe this helps: I am willing to be wrong. It’s been nearly a year. There are serious, unanswered questions. No family should be put in a position of waiting this long while the DA . . . does what, exactly. Cuz it feels like a spin machine is revving up. And, yeah, that’s pure skepticism speaking.

From the family's report:

"Dr. Ferenc reviewed eight audiovisual recordings after the autopsy that were provided to him by Pleasanton Police. One video was taken by a citizen and seven videos were from police body cams. Dr. Ferenc's interpretation of the videos is as follows:

Mr. Bauer was standing on a sidewalk when two officers approached him on foot. He initially appeared calm and denied any drug or alcohol use. When officers attempted to detain him, he rapidly became agitated and combative. The initial officers attempted to detain him, he rapidly became agitated and combative. The initial officers attempt to control him with force including Taser deployment (at least one set of Taser barbs and several drive stuns). More officers arrived, he was handcuffed posterior with two sets of handcuffs (length to length or in series), and officers begin to apply "The Wrap" restraining device including a spit mask (covering his mouth and lower nose). During part of this time Mr. Bauer was loudly yelling statements such as "... Trying to kill me and rape me, Mr. Trump....You are suffocating me...." The application of the restraint device until he was in a "jack-knifed" or about 90 degree sitting position took about 14 minutes. During that time, officers were physically restraining him including pushing him back to hold him in the sitting position."

Funny, the doctor who reviewed all the videos made no mention of the officers kicking and hitting him with a baton.

As for injuries, the coroner found "minor external injuries" to his torso and "no injuries to thoraco-abdominal organs." He had no injuries to his legs. Surely these heinous kicks and baton strikes would have caused some serious injuries?

Additionally, the witness who was interviewed described in excruciating detail how the officers held Bauer down and tased him. Somehow that same witness managed to make absolutely no mention of the officers hitting kicking him or hitting him with a baton. Very strange indeed!

I'm starting to think that the kicking and baton strikes didn't actually happen!

@idk - what is your opinion if the stomping and beating did happen? Do you think that is appropriate treatment of someone, again, assuming it happened and there is sufficient proof?

The county coroner and the independent pathogist came up with the same conclusion. They both state mechanical asphyxiation during police restraint as a contributor to death.

No opinions on hypotheticals. I'll wait for facts.

Wow, This debate is still going on!!! I think that some people watch too much TV where they solve the crime in a mere 60 min episode. When the police and the D/A have completed their investigations they will release the facts that they have gathered, then you can make an intelligent comment based on those facts rather than making up what you THINK or HEARD happened. Until ALL the facts are released you are talking to hear yourself talk since you know nothing unless you were a witness to the incident, which does not appear to be the case with anyone that has posted on this forum.

At least one person on this chain claims to have been an "eye witness".

Other than that, I agree with you - except it is now 11 months and counting.

"No opinions on hypotheticals."

What a strange attitude. We make laws, policies, and procedures based on hypothetical situations.

It is now one year and counting:

Tempus fugit; but bad news does not usually get better with time.

Assuming the DA's Office viewed this as at least some form of a priority (even if only based on the "outcome"), it is hard to understand what the "temporal gates" were/are here.

Assuming this is (hopefully) long past Spiller's "team position"; over to Nancy, for appropriate closure.

Nancy:


Tick; tock.