VIDEO: Kern County Sheriff Says In-Custody Death of David Sal Silva Ruled “Accidental”

This afternoon in Bakersfield, Kern County Sheriff Donny Youngblood held a press conference to say that the in-custody death of David Sal Silva on May 8 was ruled accidental and that Silva’s cause of death was “hypertensive heart disease, acute intoxication, chronic alcoholism, severe abdominal obseity, chronic hypertension and acute pulminorary caridovascular strain.” Sheriff Youngblood also took the time to call the media attention to the Silva case “shameful.”

The Silva case gained national attention after a video became public allegedly showing Kern County and California Highway Patrol officers repeatedly beating Silva with batons. Another grainy security video showed figures on top of a man on the ground:

The case also included a chilling 911 call of a person who claimed to have filmed the entire incident:

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Earlier in the case, Youngblood did say that baton strikes were used that night, although he was quick to downplay it.

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Today, Youngblood made sure to also criticize the media for overreacting:

“The media, in my opinion, raced to be first, but didn’t race to be right,” Youngblood said. “And I think that the media caused a lot of this hysteria that occurred in this community. This type of incident is not uncommon in law enforcement across this country. This particular case and the way that it was handled in the media sent shock waves all the way across the United States. Every law enforcement officer in this country was in question. As I said in the beginning, if you would wait and be patient, I would give you the facts as I know them, and that’s what I am doing today.”

According to Youngblood, the deputies who were on the scene with Silva will return to duty, since they have been cleared of their actions.

Here is a full video of the press conference. It is about 20 minutes long.

After the sheriff’s statement, the conference got tense. At one point, a reporter asked if Youngblood knew whether an officer used social media to text about the Silva incident. Youngblood did not say whether he would investigate.

Youngblood also said that one of his deputies called “this most violent resisting arrest he has seen in 12-and-a-half years.”

When asked about a missing cell phone video of the incident, Youngblood said that he had no details about that. Youngblood also admitted that his officers spent close to five hours with witnesses in their efforts to seize the evidence on the phones. He also said the witnesses were always free to leave their homes.

“Anyone there was free to leave at any time. No one was held hostage. [One of the witnesses] just couldn’t take the phone that had the evidence. Once he gave the phone and were in the process of getting a search warrant, he left. The second [phone], we obtained a search warrant, we waited two hours and 11 minutes to get that search warrant and to seize that phone.”

He later added, “The courts will rule whether we acted correctly or not, I’m not sure.”

When a reporter asked if police told the witnesses to not put the cell phone videos on social media networks, Youngblood was quick to say that the officers were just asking if the witnesses had placed these videos on these networks. He said that “there was direction that they could not” post the videos on social sites.

He continued, “If you take a look at the witness statements in this case and then looked at the evidence, it’s pretty clear that we had a group of witnesses out there that didn’t like law enforcement from the beginning. And if you look at the statements that they made, the number of baton strikes to the head that didn’t exist by eyewitnesses… and it goes one and one. You know, I think the public is going to judge us by the facts. I think the public is going to judge us by the evidence, not by propaganda.”

Here is an excerpt of what a local Bakersfield television station reported:

[Youngblood] said that, contrary to claims by people who said they saw the incident, the post-mortem proves no deputy struck Silva on the head with a baton. He said an abrasion on Silva’s head was caused by falling down.

Youngblood said Silva had a blood alcohol level of 0.095 and had amphetamine and methamphetamine in his blood and other drugs in his pocket.

He said Silva was “hobbled” at the time his heart stopped. That means his hands were tied together behind his back, his feet were tied together, and the tied hands were bound to the tied feet.

Two of the witnesses who say they saw the event say they videotaped it on their cell phones. One called 911 and said she was sending the video to the news media. Before she could, deputies arrived at her home and held her until a search warrant arrived, allowing deputies to seize the two phones. When the phones were returned, one had no video.

Youngblood sent the phone to the FBI to try to determine if the phone ever had video. Those tests are pending.

At Thursday’s news conference, Youngblood said seizing the phones was necessary to preserve evidence.

Change.Org Petition Calls for “Immediate Dismissal and Prosecution of Officers” in Silva Case

Slowly but surely, the in-custody death of 33-year-old father David Sal Silva on May 8 in Bakersfield is gaining more online attention. A Change.org petition created last week is beginning to get noticed, after a local Bakersfield columnist wrote about it.

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However, the petition has garnered only about 500 signatures, and it has a target of 25,000.

Here is the petition’s text:

To:
The U.S. Senate
The U.S. House of Representatives
Rep. Jackie Speier, CA-14
Sen. Barbara Boxer, CA
Sen. Dianne Feinstein, CA
Eric Holder, U.S. Attorney General
Bakersfield Police Department, Kern County Sheriff’s Department
I am singing this petition for the immediate dismissal and prosecution of officers involved in the death of David Silva, harassment of witnesses, and illegal seizure of video recordings pertaining to the event. Action must be taken to show the American public that police brutality will not be tolerated and that our rights granted to us by the U.S. Constitution will be upheld by our elected leaders.
Sincerely,
[Your name]

To add your name to the petition, you can visit Change.org here.

Al Día News Breaks Story About Governor Who Can’t Find Qualified Latinos… And No One Credits Them

Before we begin this piece, we will say this about the story of Pennsylvania governor Tom Corbett and his admission that he can’t find qualified Latinos to work in his office or his administration. The story is starting to go viral, with posts in Think Progress and the HuffPost, yet both these outlets did a very poor job in crediting the Philadelphia newspaper, Al Día News, which actually held the forum with Corbett and asked the governor the question about the Latino vote. Al Día even posted the video up on YouTube and clearly identified itself as the newspaper that ran the forum and had Corbett as a guest.

ThinkProgress didn’t even give Al Día credit for the story until the Rebels tweeted both the Think Progress Twitter account and its main editor’s Twitter about why they missed the original credit:

The final “credit” was just a link next to the video. The original story didn’t even have the link and didn’t even report that Al Día was running the forum.

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Screen Grab from Think Progress

This is how Think Progress started the story:

Pennsylvania Gov. Tom Corbett (R-PA) brushed away a question about Latinos working in his administration during a roundtable discussion at The Union League in Philadelphia, Pennsylvania on Friday, telling the moderator, “If you can find us one let me know?”

MODERATOR: Do you have staff members that are Latino?

CORBETT: No, we do not have any staff members in there. If you can find us one, please let me know.

MODERATOR: I am sure that there are Latinos that…

CORBETT: Do any of you want to come to Harrisburg? See?!

The HuffPost piece wasn’t as egregious as the Think Progress story, but it still started its story like this:

Pennsylvania Gov. Tom Corbett (R) raised eyebrows last week with his answers during a roundtable discussion hosted by a Spanish-language newspaper in Philadelphia.

The story not only failed to identify the “Spanish-language newspaper in Philadelphia,” but it didn’t even link to Al Día’s site, instead linking back to Think Progress. Maybe these two outlets should have read what Fox News Latino wrote today about the story:

Asked at a political forum by Spanish-language newspaper, Al Día News, about Latinos on his staff, the governor said: “We do not have any staff members in there. If you can find us one, please let me know.”

When the moderator, the paper’s managing editor, Sabrina Vourvoulias, responded to his request for potential staffers by saying “I am sure that there are Latinos that …” Corbett cut her off.

The journalistic disrespect caused Vourvoulias to tweet this yesterday after Think Progress had to fix its story, which by the way, wasn’t that big of a fix (even though they TP responded to our tweets and we thanked them):

Yes, Vourvoulias was the MODERATOR in the Think Progress transcript. Let’s be clear here: Al Día ran a forum with the governor of Pennsylvania. It is their story, and everyone else in media should respect and celebrate that.

Puerto Rican Republican Rep. Raúl Labrador Supports Statehood Bill

Rep. Raúl Labrador, a Republican from Idaho, is one of three voting members of Congress to be born in Puerto Rico. Labrador was born in Carolina, Puerto Rico, while Democrat José Serrano was born in Mayagüez and Democrat Nydia Velázquez was born in Yabucoa. Since Labrador is the only Republican in Congress with birth ties to Puerto Rico, his views about the latest statehood bill presented by Resident Commissioner Pedro Pierluisi (D), a non-voting member of Congress, matter. Getting Labrador to offer his full support of H.R. 2000 would make a big difference in Pierluisi’s push to make Puerto Rico the 51st state of the Union.

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This week, Labrador, who was that supportive of last year’s status plebiscite on the island, shared his thoughts about Pierluisi’s bill, said he would vote YAY to H.R. 2000, but he won’t be that involved in getting fellow Republicans to vote YAY with him.

This is what Labrador told Puerto Rico’s El Nuevo Día:

“I have a lot of things to do. But if the bill gets to the floor, I would vote in favor of it,” Labrador said in Spanish. According the END, Labrador thought that Pierluisi’s bill was a “good idea.”

Pierluisi’s bill has 34 co-sponsors, including Pierluisi. A handful of those co-sponsors are Republicans. Besides Pierluisi, Serrano is the only  other official of Puerto Rican descent who is a co-sponsor of the bill. Here is the full list of co-sponsors:

  1. House Democratic Whip Steny Hoyer of Maryland
  2. Republican Rep. Don Young of Alaska (yes, the “wetback” guy)
  3. Democratic Rep. José Serrano of New York
  4. Republican Rep. Peter King of New York
  5. Democratic Rep. George Miller of California
  6. Republican Rep. Ileana Ros-Lehtinen of Florida
  7. Democratic Rep. Debbie Wasserman Schultz of Florida
  8. Democratic Rep. Charles Rangel of New York
  9. Democratic Rep. Henry Waxman of California
  10. Democratic Rep. Marcy Kaptur of Ohio
  11. Democratic Rep. Eliot Engel of New York
  12. Eni Faleomavaega, the non-voting Delegate to the United States House of Representatives from American Samoa
  13. Eleanor Holmes Norton, the non-voting Delegate to the United States House of Representatives from the District of Columbia
  14. Democratic Rep. Corrine Brown of Florida
  15. Republican Rep. John Mica of Florida
  16. Democratic Rep. Alcee Hastings of Florida
  17. Democratic Rep. Chaka Fattah of Pennsylvania
  18. Democratic Rep. Ron Kind of Wisconsin
  19. Democratic Rep. Joseph Crowley of New York
  20. Republican Rep. Mario Diaz-Balart of Florida
  21. Democratic Rep. Raúl Grijalva of Arizona
  22. Madeleine Bordallo, the non-voting Delegate to the United States House of Representatives from Guam
  23. Democratic Rep. Keith Ellison of Minnesota
  24. Democratic Rep. Kathy Castor of Florida
  25. Democratic Rep. Marcia Fudge of Ohio
  26. Republican Rep. Aaron Schock of Illinois
  27. Gregorio Sablan, the non-voting Delegate to the United States House of Representatives from the Commonwealth of the Northern Mariana Islands
  28. Democratic Rep. Ted Deutch of Florida
  29. Democratic Rep. Jared Polis of Colorado
  30. Democratic Rep. Alan Grayson of Florida
  31. Democratic Rep. Federica Wilson of Florida
  32. Democratic Rep. Joe Garcia of Florida
  33. Democratic Rep. Carol Shea-Porter of New Hampshire

If passed, H.R. 2000 would authorize Congress and the White House to establish an admission process for Puerto Rico as the 51st state, if a majority of Puerto Rican voters choose statehood. Pierluisi said the following about Labrador, “Although Labrador has not joined the bill so far, I will not assume that he wouldn’t do so in the future.” Labrador, because he is a Republican, is seen as key representative if he becomes more vocal in his support. The same goes for Illinois Rep. Luis Gutiérrez (D), who right now believes the bill is slanted towards a statehood option.

Where Is the Missing Video in David Silva In-Custody Death?

Last week, we shared one part of Kern County Sheriff Donny Youngblood’s press conference discussing the cell phone videos seized the night of the May 8 in-custody death of David Silva in Bakersfield.

LiveLeak has also run another video of the Youngblood conference. In that conference, there were questions about one of the missing cell phone videos taken by witnesses.

Earlier this week, attorney Daniel Rodriguez released one of the cell phone videos taken by his clients on May 8. He also told local outlets that he believes that the second video, the one that is still missing, was “the more incriminating video” that supposedly shows batons being used against Silva. Rodriguez also believes that police committed unconstitutional acts against their clients, and he said that a lawsuit will be filed on behalf of his clients.

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Rodriguez also gave a 9-minute interview where he reveals more details about his clients and what they said happened that night. According to Rodriguez, Kern County police were discouraging his clients from posting the videos onto social networks and YouTube.

So, the question is a simple one: where is the missing video? Was it ever taken? Or was it deleted? Rodriguez’s interview is quite telling, and it is clear that this case is getting more and more complicated.

Online Communities Begin to Rally Around In-Custody Death of David Sal Silva

Gradually the in-custody death of David Sal Silva on May 8 in Bakersfield is beginning to get more and more attention through alternative media and online communities. For example, a new online forum called Justice for David Sal Silva has been formed. The forum contains links to news articles and discussion threads about the case. It also includes a call to action, petitioning Kern County to record police actions through the use of body cameras.

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That post includes the following information, before providing information about why police should be equipped with body cameras:

A camera is good cop’s best friend, whether on the dashboard of his squad car, in the hands of a citizen, or worn on his chest. Good cops, who are doing their jobs properly and legally, have nothing to fear from video.

Bad cops, on the other hand, have everything to fear from photography. A photographic record of their misdeeds is their worst enemy.

In the last few years, Kern County has paid out $10,500,000 in just two major cases:

  • $6,000,000 in the case of James W. Moore, who was beaten to death in 2005 by as many as 14 Kern county jailers while he was strapped to a gurney
  • $4,500,000 in the case of Jose R. Lucero, a mentally disturbed man who was beaten to death in 2010 by several Kern County deputies in front of his parents.

The beating death this month of David Sal Silva will likely cost Kern County taxpayers another $5,000,000 or more, and there is a good chance that the warrantless home invasion in a attempt to seize video evidence will result in an additional lawsuit and payout.

So when all is said and done, Kern County taxpayers will have coughed up $15,000,000 or more, and that’s just for the major cases. There are plenty of lesser cases to add to the tally.

Meanwhile, online outlets like LiveLeak, PolicyMic, and The Inquistr have all covered the Silva case, as well as The Los Angeles Times, The New York Times, CNN, NBC News, Salon, the HuffPost, and AOL. A Google search of “David Silva death”  has generated 16,000,000 results as of this posting. There is also a hashtag on Twitter called #Justice4David that is starting to get more tweets, but nowhere near the level of more publicized cases, like the Trayvon Martin case. However, a Facebook meme from Occupy Wall Street has gone viral. That meme was originally posted on the Facebook page of Policing the Police, where the photo has also gone viral.

Latino Rebels has also learned that prominent Latino civil rights organizations have started to examine the case and are discussing how best to respond to it. Last Friday on CNN Latino, the Rebels’ Charles García discussed the case. In the following video, which is in Spanish, CNN mentions how Latino Rebels was the first national Latino news outlet to cover the case. We published our first piece on May 13, and we will continue to stay close to the case.

Undocumented German Homeschooling Family Rick Santorum Didn’t Want Deported Loses Asylum Bid

Earlier in the spring, our publisher wrote a piece about the irony of Rick Santorum hoping that an undocumented German homeschooling family would win an asylum case and not get deported back to Germany.

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Looks like Santorum’s pleas and the pleas of many U.S. homeschooling families didn’t get heard. Last week the 6th U.S. Circuit Court of Appeals, based in Cincinnati, denied the Romeike family a request for political asylum.

A German family seeking asylum in the U.S. so they can home-school their children lost their appeal in federal court on Tuesday (May 14), but their lawyers say they’re prepared to petition the U.S. Supreme Court to take the case.

The German government persecuted the Romeike family for their faith, said Mike Donnelly, a lawyer with the Home School Legal Defense Association, a religious organization that is representing the Romeike family.

“It is treating people who home-school for religious or philosophical reasons differently,” he added.

The Cincinnati-based 6th U.S. Circuit Court of Appeals disagrees. The U.S. grants safe haven to people who have a well-founded fear of persecution, but not necessarily to those under governments with laws that simply differ from those in the U.S., Judge Jeffrey Sutton wrote in the court’s decision.

“The German authorities have not singled out the Romeikes in particular or homeschoolers in general for persecution,” he wrote for the three-judge panel in the case, Uwe Romeike v. Eric Holder, Jr.

Uwe Romeike said in an email on Wednesday that his family began home schooling to protect their children from bullying and teachings they didn’t agree with.

“As we were confronted with opposition to our choice we began to feel more and more that our faith required us to homeschool our children,” he said.

Uwe and Hannelore Romeike moved their five children to Tennessee (a sixth child has since been born) in 2008 to escape thousands of dollars in fines and increasing pressure from local police and education officials to enroll their children in school. All German parents are required by law to send their children to a state-recognized school, whether public or private.

FYI: The Romeikes are still undocumented, not matter how you spin it. Life sure is tough sometimes. Here’s hoping the Romeikes talk about the other stories of undocumented families who face deportation every day when the German family appeals the decision to the Supreme Court. Amazing how they can do that, while thousands and thousands of other families living in the shadows can’t.

VIDEO: A 9-Year-Old Kid Schools Chicago Mayor Rahm Emanuel

Leave it to a 9-year-old boy to speak out against the school closings in Chicago.

Here is what the Chicagoist has to say about Asean Johnson, the boy in the video:

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Meet Asean Johnson. He is nine years old, and he is a third-grader at Marcus Garvey Elementary. He was downtown on Monday at the rally to protest the city’s plan to close dozens of Chicago’s public schools, where he delivered this powerful speech. His school is on the list of closures, and if closed, Asean will be heading to Mount Vernon Elementary.

Asean has been active in the movement to save his school, appearing at rallies and delivering speeches to the school board and district leaders. He was featured in a Sun-Times editorial, which also pointed out the receiving school Mount Vernon Elementary has lower test scores than Garvey. Watch this interview with Asean from Monday.

Attorney Releases Witness Cell Phone Video of David Silva Case

UPDATE (from the Los Angeles Times): Rodriguez told ABC23 that “the more incriminating video was one on the other cell phone.” He said that video was shot “while the batons were swinging.” Rodriguez added the second phone was returned to his client with no video. If a video was erased from that phone, he said, it could not be recovered because of the type of the device.

After much anticipation, attorney Daniel Rodriguez finally released a cell phone video taken by one of his clients on May 8 in Bakersfield, when David Sal Silva died in custody. This video was from one of the cell phones initially seized by Kern County police later that night. Rodriguez also raised questions about whether another cell phone video was deleted.

Here is what local news reported:

“The question becomes, was the video ever there? If it was, was it deleted? Was it extracted? And for this kind of cell phone camera, you cannot tell whether it was deleted, extracted, or whether it was ever filmed. We can’t tell,” Rodriguez said.

Kern County Sheriff Donny Youngblood held a press conference last week where he also questioned if there was any video on the other cell phone.

“Was there a video on that second phone or was there not? I hope to God the FBI can give me that answer,” Youngblood said.

23ABC asked Rodriguez if his client verified that there was a video on the phone and Rodriguez said he is also trying to piece together the information.

“Did she verify it? Did she look at it? I don’t know for a fact. I’m assuming from what I’ve read but when I met with her, I did not ask her that question,” Rodriguez said.

And there are more questions than answers as this investigation continues.

“I’m asking the public to be patient. This is troubling. It’s not just troubling for the public, for the news media, it’s troubling for me,” Youngblood said.

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Here is the raw video published by the Los Angeles Times:

Here is what the Times reported:

Silva died May 8 about an hour after the altercation, during which authorities say Kern County sheriff’s deputies wielded batons to control Silva. The footage made public Monday does not show any of the baton strikes. A grainy security surveillance video obtained earlier by The Times showed deputies swing batons toward a man on the ground.

The latest footage to become public is from a cellphone in the possession of attorney Daniel Rodriguez; according to the TV station, the phone belongs to one several witnesses to the beating. The cellphone has already been analyzed by the FBI, along with another phone.

Ríos Montt Genocide Conviction Annulled by Guatemala’s Highest Court

Several outlets have reported tonight that the genocide conviction of former Guatemalan dictator Efraín Ríos Montt has been annulled. This is what Reuters reported: “Guatemala’s constitutional court on Monday overturned a genocide conviction against former dictator Efrain Rios Montt, throwing out all proceedings in his case since a dispute broke out last month over who should hear it.”

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On May 10, Ríos Montt was found guilty of genocide and crimes against humanity. He was sentenced to 80 years in prison, according to Reuters, for “overseeing the deliberate killings by the armed forces of at least 1,771 members of the Maya Ixil population during his 1982-83 rule.”

Tweets from @NISGUA_Guate, which has been covering the trial from the very beginning, confirmed the news.

Reporter Xeni Javier provided more details about the decision:

The language of the court ruling specifies that the concluding phase of the trial has been thrown out, along with the verdict and 80-year prison sentence. It states that the phase of the trial in which victim testimony was delivered is still intact. But it’s possible that this effectively means the trial is annulled, and that there must be a new trial, or that there is no posssibility of a guilty verdict. Reporters and international observers I’ve spoken to aren’t exactly sure what is next, as far as whether a trial on the same charges will in fact be re-convened and repeated, or whether Rios Montt, 86, is now guaranteed to be a free man for the rest of his life.