Showing posts with label John Burris. Show all posts
Showing posts with label John Burris. Show all posts

Friday, October 29, 2021

Deputy convicted for shooting Filipino American for acting "suspicious"

SCREEN CAPTURE / KTVU
Laudemer Arboleda, left, shot for acting "suspicious.

A Contra Costa County deputy has been convicted for fatally shooting a Filipino American three years ago.

The family of Laudemer Arboleda received a $4.9 million settlement from Contra Costa County and the California town of Danville where Sheriff's Deputy Andrew Hall fired ten rounds at Arboleda at nearly point blank range, hitting him. nine times.

Hall, who is White, was convicted of felony assault with a firearm in Superior Court in Martinez, the County seat, on Tuesday for shooting the Filipino American man, The jury couldn’t reach a decision on the more serious charge of manslaughter and the judge declared a mistrial on that charge.

“I hope the message this sends is that the public will hold police accountable for police misconduct,” said attorney John Burris, who represented the Arboleda family. “And that cities and counties have some responsibility to train their officers in such a way that they do not use deadly force under circumstances where it is unnecessary.”

On Nov. 3, 2018, Arboleda drove to suburban Danville from his home in Newark, about a half-hour drive away. It was unclear why Arboleda went to Danville. In a residential cul de sac he began knocking on doors to ask for directions.

One resident called the police saying the 33-year old Arboleda was acting "suspicious." Danville, a town of about 44,000, is 80% White and 13% Asian American.

Police arrived as Arboleda was driving away. The officers (Danville contracts with the County for deputies) who initially were able to pull Arboleda over but as they got out of their cars, he drove away again. At one point, the officersdrew their guns but didn't shoot, allowing Arboleda to slowly drive away. He led Danville police on a nine-minute, slow-speed pursuit. 

Hall arrived minutes later and attempted to block Arboleda with his car. Hall testified that he feared Arboleda was going to run him over and that was when he pulled his gun from its holster and fired into Arboleda's car as it passed by. However, from the police dash and body cam video, it is clear that officer Hall was not in harm's way and if anything, put himself in the path of the car.

CONTRA COSTA COUNTY
Body cam video shows Officer John Hall aiming his gun at Laudemer Arboleda.

Arboleda’s family has said the 33-year-old was mentally ill, a condition for which he was hospitalized earlier in 2018.

For his conviction, Hall faces up to 17 years in prison, with sentencing set for January, Arboleda's attorneys said. Becton said her office would consult with the family and determine whether to retry Hall on the manslaughter charge.

While awaiting trial, Hall was allowed to resume his duties as a police officer and was involved in the fatal shooting of Tyrell Wilson, a Black homeless man whose family said was suffering from depression and paranoia. 

“Today’s guilty verdict holds accountable defendant Andrew Hall for his excessive use of force in the fatal shooting of Laudemer Arboleda," Contra Costa County District Attorney Diana Becton said in a statement. 

"Deputy Hall’s actions were not only a crime, but they tarnished the badge and they harmed the reputation of all the good, hard working police officers that work for our community. My Office extends our condolences to the family of Mr. Arboleda. With regards to the voluntary manslaughter count, we will take the matter under review to determine the appropriate next steps.”

A separate federal civil lawsuit against Hall filed by Arboleda’s mother is also proceeding toward trial.

Adante Pointer, one of the attorneys representing Arboleda's family in the civil suit, called Tuesday's outcome “partial justice.”

“But it was a big step towards holding Andrew Hall responsible and accountable for needlessly taking this young man's life,” he said. “But the fight isn't over. ... We still feel there's more justice to be had.”


Sunday, August 22, 2021

Angelo Quinto: Coroner's inquest finds Filipino American's death was an "accident"

UNDATED PHOTO
Angelo Quinto's family is critical of the coroner's findings.

The findings of the Contra Costa County Coroners raised more questions about the death of Angelo Quinto, the 30-year old Filipino American who died last December as police restrained him.

A 15-member jury of the coroner's inquest ruled the death of Quinto was an accident,  after County Coroner Ikechi Ogan concluded Aug. 20 that Quinto died of "excited delirium," a state attributed to a narcolepsy drug found in Quinto’s system.

It’s a controversial diagnosis which the American Medical Association denounced in June, saying it is commonly used to justify excessive force by officers, say its critics.

"It’s junk science," said John Burris, a Bay Area civil rights attorney who’s representing Quinto’s family. "And that’s what’s so shocking about it that even the doctor recognizes it’s junk science but then he uses it as the basis to say it’s the cause of death here."

“It’s really a bogus argument," continued Burris. "We’ve had many cases and each time it has been debunked."

On Dec 23, 2020, Quinto's family called for the assistance of the Antioch police as Angelo Quinto was in the midst of a mental health episode. The family contends that Angelo Quino died while police restrained and handcuffed the Navy veteran, even though at that time he had already stopped breathing.

Blood tests revealed that Quinto, a resident of Antioch California, had caffeine and tobacco in his system along with the prescription drugs Levetiracetam, an anti-seizure drug, and Modafinil, an anti-narcolepsy brain stimulant. 

The Martinez courtroom was packed with uniformed police officers, Quinto family members and friends and attorneys. District Attorney Diana Becton was also in attendance.

The outcome of the inquest was not unexpected. "We hoped that it wasn’t the case but we expected this," Quinto’s stepfather, Robert Collins, said after the hearing. "But, we were somehow hopeful that truth would prevail."

Ogan said that there was no evidence of had trauma on Qunto's neck or any evidence that his airway was damaged. Quinto's mother initially said officers were kneeling on her son's neck.


Quinto’s family called the hearing "one-sided," pointing out that only the pathologist who conducted the autopsy and law enforcement officers were called to testify. None of the family members who were present during the incident or the family's expert pathologist, who gave differing conclusions, were called to testify.


The Contra Costa County District Attorney’s Office is conducting its own investigation to determine if any criminal charges will be filed.

Angelo Quinto's death is still being investigated by the Contra Costa County District Attorney.

Quinto’s family, meanwhile, is continuing with the civil case, which was filed last week. The suit names the city, Antioch Police Chief Tammany Brooks and Officers James Perkinson, Arturo Becerra, Daniel Hopwood and Nicholas Shipilov.

Questions still remain, such as  why it took the Antioch Police Department weeks before revealing to the public any details of Quinto's death?; what treatment did Quinto receive for the three days in the local hospital before he was pronounced deceased?; and what reforms the APD will institute as a result of the incident?

Quinto's family issued the following statement via the @Justice4Angelo social media site.



Thursday, August 12, 2021

Angelo Quinto's family files wrongful death lawsuit against a California police department

JOHN BURRIS
A tearful Isabella Collins, sister of Angelo Quinto, spoke at a press conference Monday.

The family of a Filipino American man who died while being restrained by police filed a lawsuit Monday in Antioch, a suburb east of Oakland, CA.

Angelo Quinto, 30, was experiencing a mental health crisis ion Dec. 23, last year, when police, who were called by Quinto family members, arrived. The officers restrained him, having him face down.

Quinto’s mother and sister noted that they were horrified when the officers suddenly and without warning violently grabbed her son from her arms cuffed him and took him down to the bedroom floor.

Quinto pleaded with the cops “Please don’t kill me,” at least twice before being put in a prone position, face down, according to his family.

ANGELO QUINTO

The family's attorney, John Burris, said that records obtained by his office show that police lied to paramedics when they said  Quinto was high on methamphetamine and struggled with them while he was being restrained. 

An independent autopsy showed Quinto had no drugs in his system and his eyes had petechial hemorrhaging – tell-tale signs of asphyxia, said Burris.

By the time the medical techs arrived and moved him to another room, it was clear that Quinto's body was limp and he was unconscious, according to a video taken by Quinto's mother.

The EMTs brought Angelo Quinto to a local hospital where staff declared his death three days later.

The APD did not release details of the incident until a month later and only after a reporter began making inquiries.

In a March press conference, Antioch Police Chief Tammany Brooks, said, "At no point did any officer use a knee, or other body part to gain leverage or apply pressure to Angelo's head, neck, or throat."

Neither the APD or city officials responded to the claims put forth by the lawsuit. 

The official cause and manner of death will be determined during a coroner’s inquest that is scheduled to begin in Contra Costa County Superior Court on Aug. 20.

“Death is permanent and we’re never ever going to get his smile back or he’s never going to irritate me again,” said Isabella Collins, Angelo's sister, at a Monday press conference. “I miss that a lot. I wanted to see him old, I didn’t expect to go to his funeral at 18. He didn’t deserve what happened to him and nobody deserves — it hurts to remember him, it hurts to remember how he went. “


Thursday, March 11, 2021

Angelo Quinto vigil calls for justice and police reform

SCREEN CAPTURE / KTVU
Family members at the vigil for Angelo Quinto

Angelo Quinto would have been 31 years old Wednesday. Instead about a hundred of his friends and supporters from throughout the San Francisco Bay Area gathered in the Antioch City Park to show support for police reform and demand justice.

"I should have told him he was getting really old. Without a single doubt in my mind that he would live to see his face wrinkle and his hair turn gray," says Bella Collins, Quinto's sister.

Quinto died after a mental health episode to which Antioch police responded last Dec. 23. During the episode, one of the officers reportedly placed a knee on the back of his neck for five minutes, say family members. 

The Filipino American Navy veteran became unconscious and was bleeding from his mouth by the time paramedics arrived. He was taken to a local hospital and died three days later.

At a candlelight vigil honoring him Wednesday evening, speakers, which included family members, called for police reform.

Antioch Mayor Lamar Thorpe says changes are coming. The day before, the Antioch City Council approved the purchase of body cameras and dash cameras for police vehicles plus the hiring two additional staff to monitor and service the new equipment.

The cameras could come online as early as this summer, says city staff.

Other demands by Quinto's supporters but not addressed at the city council meeting  include the creation of a non-police response for 911 calls for mental health episodes and an independent body to investigate police misconduct.

"We don't have time to wait. We have to have a mental health response team out there in the community immediately," says Thorpe. The mayor said he is talking to several nonprofits about working with the city to answer those calls. The city council will vote on this reform at their March 23 meeting.

Last week, Antioch Police Chief Tamany Brooks revealed findings of the Sheriff's Office that Quinto's air passage and arteries were not damaged as a result of the officers' actions and at no time was a knee placed on his neck. He did say that for a "few seconds," a knee was placed his shoulder blades.

The county coroners' report on the actual cause of death has not been completed.

The family has filed a wrongful death complaint against the APD, usually a precursor to a lawsuit.

Wednesday, March 3, 2021

Officers did not cause Angelo Quinto's death, says Antioch police chief.

KPFA
A rally demanding justice for Angelo Quinto was held in Antioch, CA.

Antioch police officers were not the cause of Angelo Quinto's death, contends Police Chief Tamany Brooks.

“At no point, did any officer use a knee or any body part to gain leverage or apply pressure to Angelo’s head, neck or throat which is outside of our policy and training,” said Brooks at a Monday (March 1) press conference contradicting the family's version of events.

“According to preliminary results of an investigation, at one point during the hand cuff, an officer did briefly for a few seconds have a knee across a portion of his shoulder blade which is a common control technique taught (in) California's approved police academies for prone handcuffing,” Brooks said.

The police chief released the findings from multiple pathologists of the county's Sheriff's Office's coroners bureau, which concluded:

  1. Although Quinto had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.
  2. There were no fractures of the skull, torso, or extremities.
  3. A full examination of the neck revealed there was no evidence of strangulation or crushed airway.
  4. They are currently expanding toxicology testing because they were aware of reported past drug use.
The cause of death is still to be determined.

For the first time, Brooks revealed the names of the officers who responded — Nicholas Shipilov, Arturo Becerra, Daniel Hopwood and James Perkinson — and said that when Becerra and Perkinson arrived at 11:12 p.m. on Dec. 23, they found Quinto restrained on a bedroom floor by his mother. Officers then asked her to move so they could handcuff him.

At 11:23 p.m., “As medics entered the room, officers recognized that Angelo had become unresponsive and potentially experiencing a medical emergency. Angelo was immediately unhandcuffed and medics began evaluating him and rendered medical aid,” stated Brooks.

Brooks continued the timeline, saying that Angelo was transferred to an area hospital by approximately 11:30 pm.


The Quinto family insist that police went too far and placed a knee on Angelo Quinto's neck "for five minutes," leading to the 30-year-old Navy veteran's death.

“Absolutely excessive unnecessary; it just doesn’t make sense to use that against someone who is a lot smaller than you and is not resisting,” said Quinto's sister Bella Collins. “I should not, nor should anyone else, ever have to regret calling the police when they are supposed to be the people that help you.”

Angelo Quinto 

The Monday press conference follows a special City Council meeting Friday evening where a number of police reform measures were approved and sent to staff for further study. Among the proposed reforms is the mandatory use of body cameras and the creation of an alternative response to mental health episodes that doesn't include police.

John Burris, the Quintos' attorney, told ABC that along with the family's claims of a knee-to-neck  restraint, the same technique that killed George Floyd last Spring, there were other issues with the police actions, including how they didn't try to de-escalate and first talk to Quinto, and how they failed to turn on their body cameras and the camera in their patrol car and why the department didn't inform the public of Quinto's death until Jan. 25 when it answered inquiries made by the East Bay Times.

Burris filed a wrongful death claim against the city and the APD last month. The investigation by the Sheriff''s Office is still ongoing.

Meanwhile, the family and activists will continue to protest and Quinto’s family will continue to fight through the courts. “The road to justice is not easy but we will continue to fight for justice for Angelo and justice for all,” Quinto’s family said a recent Instagram post. “We have no doubt that the truth will prevail.”

CORRECTION: March 4, 12:30 p.m., Switched "lawsuit," with "claim" for the legal action filed against Antioch.



Sunday, February 21, 2021

Filipino American dies after police apply knee on his neck


SCREEN CAPTURE / YOUTUBE
The family of Angelo Quinto held a press conference Thursday.

The deadly knee-to-the-neck technique that killed George Floyd was used by police against a Filipino American and might have caused his death. 

The family of a 30-year-old Angelo Quinto is filing a wrongful death suit against officers in Antioch, California who answered a 911 call Dec. 23. Quinto was rendered unconscious and bloody. He was pronounced dead at a hospital three days later.

"He said ‘Please don’t kill me. Please don’t kill me,’" Quinto’s mother, Cassandra Quinto-Collins told KTVU, describing her son's last words. "I was there. I was watching them. I trusted them. I thought they know what they’re doing."

ANGELO QUINTO
“His biggest fear was death and his second biggest fear was the police,” said Quinto's sister, Isabella Collins, who made the 911 call when her brother was having a mental health episode. “That’s where my guilt comes from.”

Tactics used by Antioch police are in question here, says the family's attorney, John Burris.

“He was snatched from his mother’s arms, thrown to the ground. Police jumped on him and literally put a George Floyd-tight hold on the back of his neck,” said Burris during a Thursday press conference.

Antioch police have released almost no information about the case. A press release about the incident wasn't released until Jan. 25 when the East Bay Times inquired about Quinto's death. It has been almost three months and the coroner still hasn't released a cause of death report. APD and the city have been silent except to say no violence was used. In a statement Thursday (Feb. 15), APD's Lt. John Fortner said the investigation is still open.

Antioch police went to Quinto-Collins's home in December when her son Angelo Quinto was having what she calls a mental health crisis. 
Two days before Christmas, the former Navy sailor was suffering an episode of paranoia, which he began having after a recent head injury, says his family.

His sister called 911 when she and her mother had trouble calming Quinto. When police arrived, his mother had him a bear hug to prevent him from injuring himself or others.



"One officer was holding his legs and the other officer had his knee or lower leg here," the mother told KTVU, indicating the back of her neck.

By the time paramedics arrived, Quinto wasn’t moving and blood was coming out of his mouth, say family members
. When paramedics transferred him to their ambulance, Quinto was already unconscious.

APD told The Mercury News that the cause of death is still unknown and a toxicology report can take weeks.

EDITOR'S NOTE: Edited 10:45 a.m., Feb. 21 for clarity.