Reaction to Silva Death Intense: Kern County DA to Conduct Independent Review

Ever since Kern County Sheriff Donny Youngblood held a press conference on Thursday to tell the world that the in-custody death of 33-year-old David Silva was ruled “accidental” and that the father of four died of a heart attack and did not die from baton blows at the hands of Kern County and California Highway Patrol officers, questions and outrage about Youngblood’s conference emerged almost immediately.

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The most vocal critic of Youngblood’s conference and the autopsy report he shared has been Sal Silva, David’s father, whose 15-minute interview with KPFK’s Michael Slate out of Los Angeles on Friday, accused the officers of murdering his son and Youngblood of being “an accomplice to murder.”

Silva family attorney David Cohn also reacted to Youngblood when he told The Bakersfield Californian the following, “They’re trying to say he died of natural causes. Who would believe that?” According to reports, Cohn will be “sending a copy of the autopsy to an out-of-state expert, someone who can comb through it and come back with an independent analysis.”

Cohn also told the newspaper, “So far we’ve received a one-sided version from the sheriff’s department,” Cohn said. “I want to hear from someone else.”

It looks like Kern County District Attorney Lisa Green has begun to listen. On Friday, the day after Youngblood’s conference, The Californian reported that “[Green's] office will conduct an independent review into the death of David Sal Silva once the sheriff’s department and FBI have finished their investigations.”

The story continues:

Green said she’s requested materials relevant to the case from the sheriff’s department, and is also going to wait for evidence from the FBI and her office will then examine everything. She said it’s likely it will be a lengthy process.

The decision to conduct the review was made prior to Sheriff Donny Youngblood’s offer to her to conduct an investigation, Green said. She said the public doesn’t have a lot of information regarding what happened, and she said she thinks citizens “look to the DA’s office in order to get the information and reach a just result.”

Green made her decision public a day after a news conference in which Youngblood defended his deputies’ actions in restraining Silva, and released details from the pathologist’s report that Silva was drunk and on three different drugs when he died.

Meanwhile not everyone in Bakersfield is criticizing the sheriff, who said Thursday that the media’s actions about this case have been “shameful” and that they have been spreading “propaganda” about the story. Local Bakersfield talk show host Inga Barks wrote an opinion piece basically agreeing with Youngblood’s assessment of the media:

I guess the writers don’t listen to much talk radio or read the news blogs! What exactly did the L.A. Times expect us to do before the facts were out? Take to the streets like they do in their neck of the woods? Throw molotov cocktails into the Sheriff’s Office, just to find out later that the police didn’t kill the guy?

Even if you don’t believe the sheriff’s report, even if you believe there are still questions to be answered, what do these outsiders want you to do? It’s almost as if the media wanted to incite something, isn’t it? As if they hoped to create discord and distrust between our community and our officers. For what? So they would have more to write about?

Look, the last few years have definitely brought about a changes in my naive assumption that the cops are always right. I’ve seen too much.

But I’ve also given up any notion that modern journalism is unbiased and motivated by truth. That’s not to say there aren’t good and responsible writers out there, nor that sometimes good journalists just get it wrong.

But in this case, in creating a reality that didn’t exist, these reporting agencies fractured the people’s trust in their law enforcement, put deputies at risk due to multiple death threats, and painted our community in a false light.

David Silva’s Father on Michael Slate Radio Show: The Police Murdered My Son

Earlier today on The Michael Slate Show out of KPFK in Los Angeles, the father of David Sal Silva blamed police for murdering his son.

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Family photo of David Sal Silva, when he was younger.

In an emotional interview packed with honesty and outrage (segment recording below—the full show can be accessed here), Sal Silva discussed the his son’s May 8 in-custody death in Bakersfield, accusing the Kern County Sheriff and his officers of lying about his son’s death.

Here is what Sal Silva told Slate:

From everything that I could see, there were several officers just wailing away at him with batons. It looked like they were doing batting practice. As just like you said, [Michael], they murdered him on the street, basically, they murdered him on the street. I don’t condone the fact that my son was drunk or passed out, but in what world does that kind of a crime meet that kind of punishment? And where… who… whether the sheriff or anyone can say that that’s justifiable. Now they’re trying to say that my son had high blood pressure, that he had meth in his system, that he was depressed, I don’t know… He died of natural causes. That’s what they’re trying to say, I mean, really? How can anyone, how can the sheriff… anyone say that after what they say on the videos? They’s basically saying “Don’t believe your lying eyes or your lying ears, just because we did nothing wrong here, he died of natural causes.”

As for the autopsy report shared yesterday by Kern County Sheriff Donny Youngblood, Sal Silva did not believe that a heart attack was the cause of his son’s death, nor that his son’s death should be ruled accidental. Throughout the entire interview, Sal Silva did not mince words: he believed that Youngblood and his department were hiding the truth. He also said that he will no longer stay silent about these types of incidents.

“Although they murdered my son, they say, well, he died of natural causes. Really,” Sal Silva said. “Don’t believe your eyes, don’t believe your ears, don’t believe the witnesses, don’t believe anything, but believe what the sheriff, our good sheriff, has to say. As far as I am concerned [the sheriff] is an accomplice to murder.”

Sal Silva also painted a picture of his son that is has yet to be shared by many in the media. Calling him a “big teddy bear” with a heart, Sal Silva acknowledged that his son could have had a drinking problem, but that alone should not have given police the right to kill him.

Local Civil Rights Groups Call for Citizens Review Board in Light of David Sal Silva In-Custody Death

Yesterday in Bakersfield a group of civil rights organizations, including the Dolores Huerta Foundation, NAACP, American GI Forum and the California Civil Rights Coalition, held a press conference calling for a new citizens review board to be formed in Kern County, in light of the recent in-custody death of David Sal Silva.

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Here is what the Bakersfield Californian reported:

Members of the organizations, including the Dolores Huerta Foundation, NAACP, American GI Forum and California Civil Rights Coalition, said such a board would improve community safety and create more effective policing.

“We want to help the community restore their trust with local law enforcement,” Camila Chavez, executive director of the Dolores Huerta Foundation, said. “We intend to do that by creating an independent citizen oversight committee by researching other successful models that have been implemented in California.”

This press conference occurred hours before Kern County Sheriff Donny Youngblood held his own conference, where he shared an autopsy report of Silva’s death, which occurred on May 8 and has garnered national attention because of a chilling 911 call and several videos allegedly showing Kern County deputies and California Highway Patrol officers striking Silva with batons. The cause of death was ruled “accidental,” and according to the autopsy, Silva died from “hypertensive heart disease.” Youngblood had also said yesterday that the cause of death was “acute intoxication, chronic alcoholism, severe abdominal obseity, chronic hypertension and acute pulmonary caridovascular strain.” However, as the following screen grab from the actual report shows, those factors were listed as “other significant conditions” and not in any of the “cause” categories. You can read the full autopsy report here.

coroner

Youngblood did address the call for a citizens review board at his own press conference, when he said: “This case personifies exactly why a citizens review board is not a good idea because I as a sheriff deal with facts, law and policy. We don’t deal with emotion, but the public does.”

The Californian story also added more details about the group and why they are wanting to form a review panel:

The group calling for a citizens review panel, Kern Unity Coalition, said it was too soon to give concrete examples of what exactly it would like to see formed.

Duane Goff, commander of the Kern County chapter of the American GI Forum, said the group is talking to the U.S. Department of Justice and the U.S. Office of Civil Rights to investigate the history of law enforcement force in Kern.

“If we have people in the community that don’t feel safe because of law enforcement reputation, that hurts all of us,” Goff said.

The group will be gathering information from different models being used across California, and hopes to create a model that is the best fit for Kern. Cities like Los Angeles and San Fransisco have created and implemented new training and policies for law enforcement, Chavez said.

The group said it also wants to make sure local law enforcement knows it is not saying every deputy or officer is the same.

“We know that many of those in law enforcement are honest, ethical, hard working people, but the problem is when they come into our communities, we don’t know which one they are, so we have to distrust all of them,” Goff said.

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 pulmonary 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:

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.

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.

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.

Company Offers (Then Drops) Real Classist “Ghetto” Tours of the South Bronx

This past Sunday, the New York Post printed an article about a company called Real Bronx Tours and how its tour guides promised tourists “a ride through a real New York City GHETTO.”

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The article detailed how a tour guide, Lynn Battaglia, led tourists through the South Bronx, ridiculing its neighborhoods, defaming its history and mocking its residents—some of whom were in line at a local food pantry!

In this excerpt from the New York Post, the author describes Battaglia’s derisive comments about the borough’residents.

As the bus idled across from historic St. Ann’s Episcopalian Church, Battaglia launched into a description of the crime, poverty and violence that plagued the South Bronx during the 1970s recession.

As she spoke, a line of two dozen poor people — including one man visibly agitated by the onlookers — waited for handouts from the church pantry.

‘I don’t know what that line’s about, but every Wednesday we see it,’ Battaglia told the tourists. ‘We see them go in with empty carts, and we see them come out with carts full.’

It’s hard to see who knows less about the Bronx—Battaglia or her customers.  According to the Post article, Battaglia continued to spew prejudiced misinformation, from telling tourists that the derogatory use of the word “pig” for police officers originated in the Bronx, to telling the tourists that if during the 1970s someone wanted to die, they would have been “in the right neighborhood.”

Bronxites are understandably livid.  Bronx Borough President Ruben Diaz slammed Battaglia as “the biggest fool on the planet” and a group called “Bronx Centric!: Movers and Shakers” have started a petition on Change.org to end Real Bronx Tours’ “ghetto gawking” tours.

The group appeals to Bronxites—and all New Yorkers, really—to sign a petition that calls for Real Bronx Tours to “Stop exploiting the Bronx by giving “ghetto gawking” tours. This is racist, classist, and plays on stereotypes.”

So far, the petition has been signed by 200 people, with many of them decrying the negative stereotypes being perpetuated and the negative aspects of the borough’s past that continue to be held against a new generation of Bronxites.

Here are testimonials from some of the supporters of the petition:

Santa Arocho BRONX, NY

I grew up in the South Bronx, was never mugged, earned a bachelor’s degree at an Ivy League school and I am an education administrator living in the Bronx. I am proud of the Bronx and the teachers, church community and my family who supported me and helped me become who I am today.

Gregg Gruber  BRONX, NY

BECAUSE WE NEED TO HAVE THE WORLD SEE US FOR MORE THAN THE NEGATIVE ASPECTS OF OUR PAST!!

Kimberly Beazer BRONX, NY

The Bronx is a thriving and growing city full of many positive people and things. These stereotypes need to stop!

Today’s South Bronx is a far cry from the South Bronx that was “burning” four decades ago. It has a rich and beautiful history, present and future. It is home to many bright, driven and diverse people. The Bronx’s Grand Concourse—a street Battaglia made fun of during the tour written about in the New York Post— proudly boasts the names of the Bronx’s most famous former residents, including Rita Moreno, La India, Joy Bryant and Regis Philbin, to name a few. Every year since 1991, the Bronx hosts Bronx Week—a week dedicated to celebrating the Bronx, its residents and the contributions that each have made to the city, state and world. As it happens, Bronx Week ended on the day the Post article was published.

As of Monday, May 20, 2013—one day after the Post article was printed—Real Bronx Tours no longer offers “a ride through a real city GHETTO” on its site. Instead, the tour advert reads:

Get off the beaten path and see more of New York than just Manhattan. Let us show you the Bronx as it really is, a borough of diverse ethnic groups and neighborhoods, cultural institutions and surprising natural beauty.

That’s more like it.

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.