UPDATED: The San Jose Mercury News posted a video to its website last night that shows San Jose police officers beating a San Jose State student with a baton and apparently using a Taser on him during a Sept. 3 arrest.
“I am troubled by the contents of the video,” Mayor Chuck Reed said in a prepared statement that noted he would be unavailable for interviews today.
Reed’s office noted that Chief Rob Davis, who was not quoted in the Mercury News article, had launched an investigation after the newspaper alerted the department to the video. The department’s Internal Affairs Division will conduct the investigation and make its results available to the District Attorney’s office.
According to the Mercury News article, force was used “even though the suspect was on the ground, and apparently offering no physical threat to the officers.”
The low resolution cellphone video shows several uniformed officers surrounding the student in what appears to be an apartment hallway while one officer, identified in the article as Kenneth Siegel, hits him repeatedly. The student can be heard screaming, sobbing and begging the officer to stop.
According to the artice, Siegel “strikes Ho with a metal baton more than 10 times—at times swinging it with both hands—while another officer leans in and uses his Taser gun.”
The 20-year-old student, Phuong Ho, had reportedly gotten into an altercation with a roommate and brandished a steak knife. He was unarmed when officers arrived on the scene.
Mercury News reporter Sean Webby showed the video to “several experts in police force [who] said the video appears to document excessive—and possibly illegal—force by the officers.”
One of the experts, former San Francisco Mayor Frank Jordan, who is also a former San Francisco police chief, voiced concern about one blow which appears to come after Ho has been handcuffed: “Once he is handcuffed, then he is helpless. If you can show that his hands are behind his back, and he is handcuffed, that is where you get brutality. That would be excessive force. You have him in custody. This is one last coup de grace. Is that really necessary?”
The newspaper also showed the video to Daniel Katz, SJPD’s assistant chief, who said the department is taking the matter “very seriously.”
Kathleen and Steve,
Please hurry with your excuse for this. You make it clear that the police of san jose would never do such a thing. Say it isn’t so, Joe!
No excuse is necessary, however, your rush for judgement is not warranted either as you do not have the facts. This is an extremely poor quality video which needs to be enhanced to be of any value. It also is taken out of context and does not show the suspects actions before the officers tried to take him into custody. He was alleged to be attacking a roommate, thus why the police were called. Do you know if he was combative with officers before this video was taken? No, at this point none of us know that. That is why there is going to be an investigation and both you and I would be irresponsible making a judgement at this point, or do you have access to facts that we don’t? Apparently you do not like the fact that Kathleen and I tend to support our officers but you should not let your own prejudice against the police cloud the facts in this case. The officers are owed due process, just like any of us.
Shoe Less Joe Copper,
What? No sympathy for the guy who had a knife pulled on him by this guy? No reason in your mind for the Police to rush in after receiving a call by a terrified victim who could have been stabbed to death by a fellow roommate before the Police got there? Oh that’s right, the Police have to be guilty right off the bat because a grainy video makes them look guilty of something other than responding to a cry for help, and the Murkey News reporting this is always truthful and fair right!
Secondly, aren’t you discriminating against Steve and I too just a bit by your comment? You don’t know either one of us, nor have you even met us, nor do you know us personally to make a statement like that in the first place. Since I don’t have all the evidence and neither do you, nor does anyone else, let us wait for the investigation to start, never mind be completed before we jump to conclusions shall we? By the way Einstien, I believe that if any Police Officer hurts a citizen without cause he/she needs to be punished to the full extent of the law.
Keep in mind Mr. Mason that a knife wielding man threatened a fellow student. He frightened the guy so badly the guy called the Police for help, and that there was a language barrier with folks at the dorm when the Police got to the scene. That is part of the evidence we have. We also have a video that is hard to see and understand showing what looks like excessive Police force on this knife-wielding guy. Until such time more blanks are filled in, the investigation is complete; I will withhold my opinion on this.
You might remember that people in the US are innocent until proven guilty. Someday you might be caught up in a situation where you are innocent but documentation, and the media might make you look otherwise. I hope that never happens to you because the media likes to play judge and jury without all the facts. Selling ad space and newspapers keeps them wealthy and unaccountable for hurting people’s lives and careers. Sad, but true~
Wow, Kathleen, you didn’t jump to conclusions here did you? You say the officer is innocent until proven guilty, but shouldn’t the same be true for the person being arrested? Looks like the police officers not only convicted but began metting out punishment.
The arrest was clearly justified based on the facts you lay out in your first paragraph. But what isn’t justified is beating an unarmed suspect. In fact, it is illegal to hit a suspect once he is in handcuffs. Even the grainy video shows that happening.
Why is this whole discussion on police so bifurcated? I believe 90% of police officers are good and do a difficult job extremely well. Just as in any job, however, there are going to be 10% bad actors. The issue is how we handle those 10%. We should not automatically jump to their defense because they are police any more than we should assume they misbehaved before looking into all the facts.
Seems to me that the police department and the city are handling this one properly. Those who appear to have acted badly are on leave, an investigation is underway, and charges will be brought if they are warranted. What’s the controversy?
It’s just strange that the argument seems to be made every time there is one of these stories that police are good and therefore the kind of behavior caught in this video can somehow be justified.
No, actually I did not jump to any conclusions. I’ve made my stand of wait and see until the facts are all in abundantly clear.
You said, “Seems to me that the police department and the city are handling this one properly. Those who appear to have acted badly are on leave, an investigation is underway, and charges will be brought if they are warranted. What’s the controversy?” That is my point exactly. Until the Police are proven guilty of something this is a non-issue being blown out of proportion by the Murkey Bias Dying News groping at straws to sell papers.
Why is reporting the story blowing it out of proportion? They reported what happened, asked expert police-watchers what they thought of the video, and reported the action the city is taken. Would it be better to ignore the story and not report it, just because it shines the light on a few bad-actor police officers?
I guess that is certainly one way to view this. According to the news tonight, tomorrow we’ll be entertained by Raj, and the Vietnamese community protesting at City Hall demanding justice for a crime by Police that hasn’t even been proven to have happened. Raj screams for fairness and preaches for us not to prejudge people but he leads the pack in accusing the Police of wrong doing every chance he gets.
Man, I just don’t get this lynch mob mentality. I’ll keep everyone involved in my prayers~
I am in support of the San Jose State Police Department for two key reasons:
a. we read about the tragedy of the student at Sacramento State with respect to the murder of a autistic student in a dorm room. At least, in this case, there was a quick response by the PD.
b. San Jose State’s campus is an area with a very safe reputation relative to the urban campus and largely due to work of the university police.
I do think there has to be a thorough investigation and if there was misconduct, swift punishment.
The issues relative to student affairs is the responsibility of the VP of Student Affairs, Verrill Phillips, who has the cleanest desk of campus. Phillips has no credibility and hides under his desk during every controversy. More violence, more incidents, and more campus tragedies have occurred under Verill’s watch there no one else’s.
Hello…..wrong force, both in your post and in the video.
Another instance of SJPD crossing the line and terrorizing downtown San Jose residents/visitors/etc. One of the main reasons holding DTSJ back is this kind of poor Baltimore-style policing.
I can hear the officers giving him commands and he’s not complying. They are telling him to put his hands behind his back. From the looks of it they are making him comply by hitting him with the batton and tasering him. How else do you enforce someone to do what you want if they aren’t listening or complying.
I also saw the suspect in an interview and he spoke and understood english pretty well so there would be no reason for him not to comply.
I think he got what he deserved. Maybe he’ll think twice before pulling a knife on someone.
Agreed. Well said. This “Lynch Mob” mentality towards the Police, and groups defending guys who harm innocent people like this guy did is getting really old. No wonder we can’t get anyone to join the Police force!
Good thing he wasn’t carrying a potato peeler. Could have been a deadly issue!
The “potato peeler” had a six inch long blade. The Murky News repeatedly categorized it by its use, not its description…and I guess you bought into that description hook line and sinker, Potato Head.
Chinese restaurant cooks routinely use six-to-eight inch cleavers to peel and cut vegetables. Is it a vegetable cutter? Yup! Is it a deadly weapon? Yup! So was the “peeler”.
Mr. Ho allegedly assaulted his roommate with a steak knife, and that’s how the call came in, so that’s what the cops assumed (rightly) they were dealing with when they arrived on scene. They had a right to be on high alert and to be concerned for their own safety. Mr. Ho is apparently about 200 pounds, as well, increasing the threat index.
If he disregarded their command not to follow the officer who was looking for Mr. Ho’s ID into Mr. Ho’s room, they had a right to restrain him, since the knife may well have been there in that room, posing a life threatening danger to the officer entering Mr. Ho’s room. His plea that they were invading his privacy is unavailing when it has been admitted even by Mr. Ho that he threatened a roommate with a steak knife—another deadly weapon, that could also be used as a “peeler” Potato Head.
But after that, it gets real murky regarding why Mr. Ho was struck. And the video I saw on the Murky News website provides no clue visually as to what happened.
The sounds certainly suggest that Mr. Ho was hit more than once. The whys and wherefores of that do NOT appear on the video that I saw.
That’s why we need to see the investigation to its conclusion before we jump to our conclusions.
This is nothing new!
It is time that real actions be taken against this chief of police. It is unacceptable to continue to see the poor responses, excuses, and excessive abuse the Mayor and and council has let Chief Rob Davis get away with.
It is clear that the Downtown is used as a training grounds for new officers. It is also very clear from just the gathering of information in the downtown that San Jose Police Policy has hurt the economics and the efforts put forth in having a safe and vibrant downtown. It is time to stop the talking and really start taking action!
This brutality by a few bad apples MUST come to an end. How embarrassing to be compared to the LAPD, or the Rodney King beating.
SJPD, its time to clean house, and it starts with a new a chief!
I realize that people who hate the police become elated when a situation like this arrises. I am all for taking a serious look at this case, finding out what really happened and doing something about it. No matter what the finding is as to the level of force is. A few things will always be true. This kid has serious mental issues that need addressing. He took a simple argument over dinner turned it into a fight, apparently not wining the fight took a steak knife and threatened to kill his roommate with it. No matter how he will try and portray his actions now, they are not the actions of a healthy person. He would not be the first math major with no criminal record to kill someone in a fit of rage. Please lets be cautious when taking what this “student” is feeding the press. There is now big $$$ in the eyes of all who are getting involved in the case further clouding the issue. Let’s all take a beep breath allow all the facts to come forward.
A few points from a person who generally supports the police:
The video, while pretty ugly, seems to be incomplete.
I would like to see what happened before the guy ended up on the ground getting hit. Did he attack or threaten the officers? Did he brandish a weapon? If so the officer’s actions might be justified.
On the other hand, hitting him once he was handcuffed, or tazing him when he was on the ground seems absolutely inexcusable. Perhaps someone familiar with police procedures can shed some light on this? (Finfan, you out there?)
The Merc seems to have been selective it what it presented. I wonder if they have more footage? If so I would urge the Merc to post the entire unedited video and not just the part where batons are used. Until then, given the Merc’s history of sensationalism and it’s shrill anti-police editorial stance it will be hard to give much credibility to a grainy video that appears to have had important information removed from it.
The man who was arrested has a very thick accent. The situation was obviously emotionally charged. I wonder how much of this incident is the result of poor communication between the officers and the suspect? Did he say something that sounded like a threat? Again, if the Merc will release the entire video the public might get a better understanding of what happened.
Some people seem to be seizing on this incident as an opportunity to blame two people who clearly had no part in it: the Mayor and Police Chief. That’s just plain sleazy. Despite one’s political or personal feelings about Davis and Reed both seem to have acted immediately and honorably. When the video was first made available to them last week (per Reed) Davis took steps to ensure that the incident was not swept under the rug and justice would be done. He made sure the officers were yanked from the street and placed on leave, and the case was promptly referred to the District Attorney for possible prosecution. Davis made it clear last night on Channel 5 that the incident would be thoroughly investigated without regard for police loyalties, and Reed did so this morning on KLIV. That is a reasonable response given the circumstances.
Bottom line: there seem to be a lot of unanswered questions. We all want instant answers, but we’re not going to get them. A legal process needs to play out. If, in the end, it is established that the cops dishonored their badges by criminally assaulting the student then they should go to prison for a long, long time.
Agreed.
Strange that the Murkey News brought this out “after” they lost their bid for “more accountability and transparency.” They’ve had this video for quite some time now. Hum.
The Mayor and Council need to wait until the invesigation is complete before they make comments about this situation. This is a good example of why the Police need the new equipment they are asking for. Once they have cameras on them, these types of situations will be documented from start to finish. We will no longer be at the mercy of cell phones, or edited videos.
This is a yelp review for DOWNTOWN SAN JOSE, and provides a good idea of impression SJPD is leaving on visitors. Please read the whole thing:
“My company based in Houston, Texas was interested in purchasing six high rise condo units in downtown San Jose for my company for employees who spend 3-6months in the Silicon Valley. I was very happy with what I saw at The 88 and AXIS, the views the units and location. But as any good real estate agent will tell you, you should look at your neighborhood at night. What I saw in downtown San Jose was disturbing to say the least. The problems I saw was not with the people, not with the bars, and not with parking it was what I saw, the San Jose Police Department. These officers are nothing more then gang members with badges and guns. They stand around the local bars like an occupying army more than peace officers. The officers use profanity and threats of “a beating”(not an arrest but a beating) to intoxicated women! leaving a bar who were not moving fast enough. I witnessed 5 officers tell a young women who was crying that someone broke into her car that she “shouldn’t have come downtown” and all she can do is “make an online report”, “its not what were here for”. After she walked away the officers laughed and made mocking crying faces. I saw small groups walking to there cars, maybe not fast enough for the officers be taunted and yelled at “The F#*!ing city was closed, go the F#@! home!”. The officers seemed to be trying to provoke problems rather than prevent them. If you’ve never been to San Jose it is a very beautiful place with diversity and great weather, BUT DO NOT GO TO DOWNTOWN SAN JOSE”
The quality of the video shown to the “experts” picked by Webby must have been a lot better than the one on the Murky News website. The video I saw shows NOTHING but an empty lighted kitchen and a dark hallway where I could make out no sights…only sounds. So, until I see a video of the quality that Webby’s “experts” saw, I’ll have to withhold judgment.
The video does however document audible screams from Mr. Ho that certainly do not sound like screams of mere protest, but reactions to physical contact.
Admittedly Mr. Ho was composed for his interview, and probably was not so composed when the police arrived; but it’s difficult for me to believe that his accent was so strong that the cops could not understand him when they asked him questions…unless they gave up after the first try.
The undisputed fact is that the call came in to SJPD as an assault with a deadly weapon (knife), so they had reason to be on high alert when dealing with Mr. Ho, and had reason to not allow him to follow the officer into his room, where a knife could be present.
I rarely trust the statements of friends/relatives/roommates of the “victim”, since they almost always have an axe to grind, or are at least biased toward their friend/relative/roommate.
So, with no conclusive evidence, both Mr. Ho and the cops are innocent until proven guilty in a court of law.
Whether they are innocent until proven guilty in the court of public opinion is another matter entirely. After all, OJ got off criminally, didn’t he?
I looked at the video. As evidence, at least at this point, it is close to useless. People seem to be seeing in it what they want to see.
As for the situation, the law makes it clear that a person has no right to resist a lawful arrest and the police have no right to use excessive force. The legality of the arrest should be a relatively easy issue to decide, but the question of force is a complicated one. The newspaper’s sensationalization of the story is borderline criminal, as it creates the kind of political pressure that perverts due process.
I am under the impression that the struggle began at a point in time when the officers were already shoulder to shoulder in that confined hallway with the suspect. If you imagine yourself suddenly engaged in such a struggle you will realize that:
1. You are so close that is all but impossible to safely track the persons hands (which could be used to strike you or grab a weapon—his or yours)
2. Your close proximity allows you little control over your own safety (thus making resolution urgent)
3. The walls limit your ability to swing your baton or throw a punch
4. The walls provide support for your opponent, even if he is disadvantaged by body weight
5. There is little room in which assisting officers can maneuver
Now imagine that you are involved in such a struggle and:
1. You are governed by rules regarding what parts of his body you may strike, but he is governed by no such rules
2. You are aware of the potential his hysteria has for inciting others.
3. Your safety demands his hands be controlled, and it is hard as hell to get a struggling man handcuffed
These situations do not make for neat and clean resolutions. Decades ago the issue would’ve been settled via a few decisive blows to the suspect’s head, or maybe through use of that old standby, the carotid restraint, and the whole episode over very quickly, but we’ve decided that such tactics are brutal and distasteful and changed the rules to a kinder, gentler variety (that often don’t work well).
The bottom line is this: the suspect dictated the use of force. If one of the cops landed a late blow it wouldn’t be surprising, as everyone involved had their blood up and it’s not always easy to instantly come down (the law has long recognized this state of mind, when people act on impulse or without reflection). These officers are human beings, even if our candy ass of a police chief wants to pretend that human beings can be trained to perfection. Believe me, these situations are exactly why guys like Rob Davis chose, as young officers, to pour coffee and run errands rather than risk the imperfection and danger of patrol.
Today, as I post this, is Sunday 25OCT2009. Pierluigi Oliverio just posted last week a summary of a “hot topic” council meeting where the majority of the comments were pro-police, and the ensuing SJI discussion basically re-hashed the talking points from the various interest groups.
Then Friday/Saturday, the San Jose Mercury news moves on a story based on cell phone footage taken at the scene of an arrest on 03SEP2009.
What interests me is who, besides the room-mate with the cell phone, had this footage. Do you sit on a story until the timing is right to get the most political/social/financial capital with breaking the story? I know lawyers like to sit on evidence (both prosecutors and defense attorneys) as a means of furthering their own interests (or those of their clients). Sometimes people want to be paid to keep things quiet, and in some cases, even public agencies have been known to pay a settlement to quickly remove the liability of a problem.
As far as the video itself, I am sure that the student is grateful that one of his roomates made the video tape as it opens the door to a lucrative civil action on his part. The public nature of its release and the timing, however, suggest that interested parties are looking for a little something more than just a cash settlement.
Did the Mercury News pay for this footage? If so, is that ethical? Does it really matter what it took to make the problem public, and shouldn’t the Mercury be lauded for adding this balancing news item to the debate on police tactics in downtown San Jose? When did the lawyer give/sell the video the Mercury?
By the way, did they ever hire an independent police auditor? Was the footage shopped to them before being offered to the biggest media outlet in the South Bay? Is there a system for people to contribute evidence (cell phone video, still photos and other such social networking type stuff to the police auditor or internal affairs)? If an officer of the court (a lawyer admitted to the bar in California) receives evidence that a crime has occurred, what is their responsibility?
As far as the video, lesse…I just watched the 2:53 version with the split screen on the Merc website, and I’ll withhold opinions or comments and let the video and interested parties speak to the facts rather than offer something that’ll probably not help in the dialogue.
On second thought, that’s a cop out, so let me just say that 2-3 minutes to subdue and arrest a single person seems unusual, especially as there was no flight from the scene. There seemed to be sufficient officers on the scene to have safely taken a single person into custody quickly, but I trust that this issue will be discussed and reviewed by both the police department and independent review outside the department. I look forward to learning more in the days and weeks ahead.
Blair,
You ask some very good questions. Well done.
I personally find it odd that this self-admitted knife wielding “student” has come out publicly. He is all over the press. Odd. The timing of this just doesn’t seem right.
He threatened a guy’s life, but has some how made himself out to be a victim in this. He admits ignoring Police directives, but tries to excuse that behavior by saying he wanted his glasses. The photos of his injuries don’t display horrific cuts and bruises. Is he trying to save his butt by making the Police a fall guy for his actions? I think so.
Why did he wait this long to come forward? Why did his friend start video taping the scene so late in the arrest? What happened before they started video tapping? Did this knife wielding life-threatening guy fight Police? Did this guy set the Police up to make some money like the girl who sued Wendy’s after putting her friends finger in a bowel of chili? Something just seems wrong about this to me.
Anyone know if the Murck pays for story evidence?
Or maybe you need Lasik? Did Davis make the wrong decision to put these officers on paid leave? Are Reed and Liccardo wrong in their response? What video are you looking at? On the ground, in handcuffs, still getting beat….you sure earned your apologist pay check for this post. Who cares when this came out or how it made the light of day? Wendy’s chili finger, really??? You should include this post with your resume when seeking employment with organizations that deny the Holocaust or still think the earth is flat because once you get on a party line, you blog with the best of them.
Personal attacks on me don’t buy you credibility, or make Police guilty of anything. Yes, the Police Chief was right to put these Officers on leave until such time that the facts are sorted out. You have already convicted these Officers and find anyone questioning this situation as apologists who are blind to the possibility of wrong doing by the Police. You never mentioned the victim here, but you defend this nut that thinks his right to pull a knife on someone with the threat to kill an innocent person is okay. I guess the REAL victim here just doesn’t matter to you, or the media, or to this criminal trying to get himself out of jail time, with the added possible prize of monetary compensation from the City. I hope if you, or your family/friend are ever a victim of a crime people are more concerned with your well being, and don’t defend the wrong doing of your offender the way you are defending this guy.
You even go so far as to accuse me of denying the Holocaust when that couldn’t be further from the truth either. I have a Mother and two sisters who are German born, and who by the way immigrated here to survive that war. My Mother went through hell at the hands of Hitler so kindly close your mouth and keep your prejudice and dislike of me to yourself, and practice what you preach.
The topic of discussion IS the video that shows what MIGHT be excessive Police force, a story about a self admitted knife wielding/ life threatening student, who admitted he did not comply with directives by Police. Like it or not anonymous, every person deserves the right to due process and the Police are included in that right.
You, as usual, accuse others of convicting the police officers without all the facts being in and then go on to convict the person who got beat down under the color of authority of being a nut, not complying with police directives, etc. Is the person who was handcuffed and then beat with a baton not innocent until proven guilty? Did the victim you so eloquently speak up for press charges? Ah, no, he did not. Gee, I wonder just how traumatized he was?
You blather on about the police beat down victim’s injuries as not being “horrific”, as if the baton blows were akin to a walk in the park and you then go on to divert, distract and distort from the fact that Chief Davis, Mayor Reed and Councilmember Liccardo, the Mercury News and anyone who does not sip, or in your case guzzle, the “cop’s can do no wrong kool-aid” sees the video for what it is; four cops not protecting and serving but displaying all the wrong values to be in law enforcement.
Apologist!
Hey Cuckoo, you spelled your name wrong! I like it though it fits you well.
Your reading comprehension is a bit challenged by your bias and prejudice so you and I can just agree to disagree on this. I stand by the “real” victims in any case regardless of folks like you who feel so inclined to play defense attorney for the offender, and who feel entitled to convict and judge a situation you know little to nothing about. Being spoon fed information by the media is a very lazy way to gather information on the facts. I’ll reserve my judgment of what actually happened when ALL the facts are in, and given to us by credible authorities.
Why don’t you post your real name on here? If you were truly a person of your convictions you’d have the guts to stand up to public scrutiny for your commentary just like I do.
And by the way, I make zero apologies for my beliefs, or my defense of victim’s rights.
Why are you not defending the victim of the beat down just as vigorously as those who performed the beat down? The reason is that you have some odd hero worship complex for the men and women in blue. You remind me of the parents who see Junior wearing all red, coming home with XIV tattoo’s on his forearms, hearing he is being disrespectful at school and then being shocked to learn that Junior is in a gang.
Can you say groupie? Call it like it is, say it slow now—Hitting anyone with a baton while that person is handcuffed and on the floor is wrong. See, that was not so hard.
I wonder if the officers that are accused will hire a defense attorney. If they do, we will all anxiously await your attack on them, because they are all bad, right…?
Like I said, we can agree to disagree on this. You are twisting my comments to suit yourself therefor there is no reason to keep talking to you. When you start practicing what you preach, we’ll talk, until then believe what you wish. I’ll wait for the facts to make my decision.
Raj is somewhere crying like a baby because he is so happy. Again, something that he can crow about.
So Mr. Ho threatened to kill his roommate with a knife and he allegedly got roughed up a bit. Tell me why I’m supposed to feel sorry for this guy?
Regardless of the outcome of any internal investigation of the police officers, rest assured that we taxpayers will eventually be writing a big fat check to this lawyered up punk.
A word to the SJPD; Before you start beating the tar out of some gibbering diverse a**hole who probably deserves it, glance around to be sure you’re not on camera. Better yet, just assume that you’re ALWAYS on camera. I’d appreciate it.