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Indybay Feature

San Jose Police Attack Copwatchers at Cinco de Mayo Celebration; Charge "Lynching"

by Karen Maleski
San Jose Police attacked and arrested six people Friday night in an attempt to shut down the annual Cinco de Mayo celebration at a shopping center at Story and King in San Jose. Copwatcher is accused of "lynching".
Friday night we copwatched Cinco De Mayo in San Jose. We began at Story and King which hosts a 30-year tradition of youth cruising and celebrating, and apparently also of cops beating and arresting.
We had with us veteran Bay Area copwatchers who had also helped train us in the weeks leading up to May 5, at least one of whom had experience with the Denver Cinco De Mayo copwatch which was massively successful in reducing arrests and violence.

Police amassed between 9pm and 10pm and suddenly closed the intersection and lined King Road in front of us with riot cops in FULL RIOT gear. Things were very mellow with a small crowd of about 100-200 people, about half of whom were leaving after the intersection closed, the other half staying. Copwatchers had divided into three groups to cover three different areas, and so I and my group decided to leave for our area downtown, thinking that everything was under control at Story and King...

When we arrived downtown we learned that those riot police had chased the crowd and six copwatchers had been arrested. Later we learned by watching video that they had been BEATEN. It happened within minutes after we left.

We copwatched downtown until around 4am. That's another story.

One of the copwatchers arrested at Story and King is being charged with 3 misdemeanors and one felony - "lynching" - for putting himself between batons and two women. This is the fulfillment of the threat articulated by Laurie Smith of the Santa Clara County Sheriff's department to the public at a county Human Relations Committee meeting last January on the subject of police brutality. During the meeting, Smith not only defended the beating and arresting of protesters and bystanders at a Colin Powell visit to De Anza College in November, but she added that anyone getting in the way of a sheriff's weapons should be considered a "lynch mob" which carries severe penalties.

It appears to all that we are dealing with one of the most oppressive police organizations in the country. I'm proud to say that we stood by our Mexican brothers and sisters on Cinco de Mayo here in San Jose to try to protect them from police brutality, and I am ashamed of my city and county for calling that "lynching".

The city of San Jose and the county of Santa Clara cannot sit on their hands and twiddle their thumbs anymore! The first step is to admit that there is a problem.


Add Your Comments

Comments (Hide Comments)
by COP (Criminals On Patrol)
COP (Criminal on Patrol): "Celebrate Cinco de Maya get your head busted. That's the Law."
by zero
Well in a lot of ways it's the people that allow this to happen . The Police are out of controll and it's only going to get worse . my point . It's always up to the People to change It , to stop this abuse from happening . It's not enough to just to yell and or sit by any more . It's time for real change . It's time to fight back !!



by 5
ok ZERO be the HERO! Loser!
by Zero
It's not nor has it ever been about being a Hero , or any thing alse like that ,
But the Truth , You see - when A people has nothing left , have every thing taken away , there remens some-thing ..astonishing .. the Truth .

So I say not again , not this time , not ever . " and yes it will even happend in this country .

It can't rain for ever .
by Honest
I read your article and it was very interesting. I covered the Cinco De Mayo event in San Jose and was at Story and King Road at the time of the arrests. In your article you mentioned that there was 100 to 200 people "celebrating." Maybe I don't understand the term celebrating, but throwing bottles at the police, screaming such terms as "Fuck you pigs," and breaking store windows is not celebrating. I am a full supporter of making sure the police are conducting themselves professionally; however, lets be honest on the events that occurred. The majority of those at Story and King that night were looking for trouble. Celebration or not it is still illegal to take over the streets. It seemed that the people out that night were using the holiday as an excuse to do things they otherwise would not. Copwatch tries to promote this image that they are a positive organization. I think Copwatch has no credibility because they are so one sided on their viewpoints. There was so much violence over the Cinco De Mayo weekend in San Jose. At least 5 stabbings and one shooting. Is Copwatch going to blame the SJ police for that? I only wish that the Copwatch orgainization would really provide a real account of the events. Including that a legal dispersal order was given at Story and King ( I heard it), that the people in the streets were trying to roll over a persons car, (I spoke to the women after and she was terrified), and the people in the streets continued their behavior. I am beginning to believe that the young people that have joined the Copwatch "team" are merely young people with no life experience that have low self esteem and are looking to belong somewhere. I have yet met a "Copwatcher" that was realistic on how police must do their job. I interviewed one of the Copwatchers at E. Santa Clara St and N. 4th Street. He said, "The cops are well trained they should take the first punch." I asked this young man if what he meant was that if the police were taking enforcement action on a person that was committing a crime of violence against another citezen that they should "take the first punch" if that criminal attacked the police. The Copwatcher's response was, "Yes." This is an example of the mindset of the Copwatchers I have come across and why I believe that SJ Copwatch are just trying to assist the criminal element by rationalizing the criminals behavior by turing it around on the police. Please San Jose Copwatchers be fair and just. Report when you see police when you see them doing something wrong, but don't defend people obviously committing crimes that the police need and should be arresting. If you catch something on tape that helps prosecute a violent criminal then turn that tape over to the police(This would never happen). As you would if you caught the police doing something wrong. I apologize of my negativity, but I use to be a Copwatch supporter and now I think their behavior borders on the criminal.

Sincerly,

Honest
by Mike Wood (w4r [at] inbox.com)
tell me if i am not understanding your argument. you are saying that police have to use force to break up any group that gather in the streets, no matter what the reason, whether it is for protest or for celebrating a nation-wide holiday, and whether peaceful or violent.

does this mean that when, for example, new years comes around, that there should be riot police breaking up the celebrations because they are "taking over the streets?" or is it okay because the new years is a european celebration?

mike wood n' the good will
by El Voz
Honest, you state:

"I covered the Cinco De Mayo event in San Jose and was at Story and King Road at the time of the arrests. In your article you mentioned that there was 100 to 200 people "celebrating." Maybe I don't understand the term celebrating, but throwing bottles at the police, screaming such terms as "Fuck you pigs," and breaking store windows is not celebrating."

First, how is this relevent to the Cop Watchers themselves, regardless of whether it occured or not (and I was there, as a Cop Watcher, it did not occur) how are they responsible or accountable for a crowd that assembled on no less than four different corners at Story & King roads, as well as the center of the street itself?

The two times bottles were thrown while our event was still in motion, they came nowhere near the police if anything they hit wide empty asphault, but aside from the Cop Watchers not being responsible for throwing said bottles, these actions were vocally condemned and discouraged by the Cop Watchers over a Public Address system, repeatedly. Then you state:

"I am a full supporter of making sure the police are conducting themselves professionally; however, lets be honest on the events that occurred. The majority of those at Story and King that night were looking for trouble. Celebration or not it is still illegal to take over the streets. It seemed that the people out that night were using the holiday as an excuse to do things they otherwise would not."

First off, have you ever actually witnessed what happens at Story & King on Cinco de Mayo before, aside from the fact that on ONE and ONLY ONE corner there was a PA system, an open mic, a hip hop performance and a Cop Watch team, nothing, absolutely nothing that occured that night was out of character for typical activities during Cinco de Mayo in Eastside San Jose, not even the violence instigated and pursued by the police was out of character with San Jose tradition, except for the fact they were caught on tape and they attacked activists, instead of the general community at large. I've seen hours, upon hours, upon hours of video from that night, and when exactly was a bunch of teen agers dancing on the side walk to music playing on the PA equate to "looking for trouble"? But lets assume I give this assertion the benefit of the doubt, if the "majority" at Story & King were looking for trouble, why is it that only the people on one corner, who happen to publically declaring they are there to watch the police we the only ones attacked? While the three other corners, and even the people on the center median were left completely alone. Keep in mind there is vast amounts of video showing this fact, showing the police specifically targeting one corner and one group of people at the exclusion of any other bystanders, pedestrians, spectators, shoppers/customers or even drivers in their cars out cruising. Again... where was this "majority" you speak of, that the cops were conducting themselves professionally with? But lets continue to dissect your ill-informed nonsense:

"Copwatch tries to promote this image that they are a positive organization. I think Copwatch has no credibility because they are so one sided on their viewpoints. There was so much violence over the Cinco De Mayo weekend in San Jose. At least 5 stabbings and one shooting. Is Copwatch going to blame the SJ police for that?"

This is intriguing, considering that San Jose is the most populated as well as the largest geographic city in the Bay Area, that level of 'extreme' violence is not remotely out of the norm, however, 3 of those stabbings took place in Santa Clara, NOT San Jose, but furthermore, by isolating your analysis to a single weekend, you conveniantly divorce yourself from the possible police accountability of violence against the Eastside, predominantly 'latino' community that has been ongoing for over 30 years, particularly on Cinco de Mayo (the oldest and largest Cinco de Mayo celebrations in the U.S. are those in San Jose de Guadalupe, San Jose is also the city that founded 'low riding' another past time specifically on display during traditional Cinco de Mayo cruising). But then again, we wouldn't possibly know anything about Police misconduct, its not like an Independent Grand Jury or anything found them guilty of race based targeting and harassment only yesterday, oh wait, they did do that... my bad. See: PDF file of the report from link But lets assume you don't believe that the police have terrorized the community to the point of mortal fear, how else do you explain that each, and every single time any officer, either in a patrol car, walking alone or just driving by came near the teenagers on that corner they all ran full speed as far and as fast as they could, when the only 'criminal' act they could be found guilty of was standing at a street corner and watching cars go by while cheering and taking pictures? This is a conditioned response, that is a direct result of decades upon decades of police terror against the community up to and including out right murder by the said same SJPD. But perhaps I'm bias, and telling only "one side" as you say, after all I'm basing my opinion on historical fact and observed behavior and repeated phenomena, all of which of course are criteria for establishing scientific empirism... or so we learned in school. My bad, for keeping "hard to the books." But then you say;


"I only wish that the Copwatch orgainization would really provide a real account of the events. Including that a legal dispersal order was given at Story and King ( I heard it), that the people in the streets were trying to roll over a persons car, (I spoke to the women after and she was terrified), and the people in the streets continued their behavior."

They didn't try and roll over her car, they "rock" cars, and that is also a tradition of Cinco de Mayo but if you knew anything about Cinco de Mayo in San Jose, you'd know that. And well, a real account would say that we'd (Cop Watch) spoken to the police BEFORE these riot cops showed up, and there is a video record of this, and in that conversation it was established it was a legal assembly, and they not only were fine with that, THEY GAVE THEIR APPROVAL. And the surrounding businesses on that corner, even came out giving free samples to spectators, celebrants, and Cop Watchers. A "real account" would state that the entirety of the events and communications from the Cop Watchers, to the community celebrants were in both English AND Spanish, i.e. it was bi-lingual specifically because we're experienced enough to know that you cannot assume everyone there speaks English, in a part of San Jose who is primarily occupied by ethnic Mexican's and Vietnamese... and the "dispersal orders" as given by the SJPD were in english, and english only... even though there is video of officers stating as well as policy protocols that dictate such orders MUST be given in both languages, but its more conveniant to blame the victim for their own lack of understanding. But lets not stop there... how about the fact that the Cop Watchers, bought time and vocally stated to the community in an act of diffusion (in both ENGLISH AND SPANISH) to calmly disperse, and walk, NOT run to their cars, and to not antagonize the police, while simultaneously buying time for them to leave... which was difficult considering the police at that point had blocked off ALL FOUR STREETS, and that corner had no dispersal area not occupied by the SJPD, except the parking lot itself, which people were incapable of leaving from due to the blockades and check points, not to mention the fact that on the other three corners, people remained completely un-harassed and were even allowed to cross the street, while we expressely were targeted... but lets not stop their either... a "true story" of the events would also show, that the "illegal assembly" order was stated first and second while music was STILL PLAYING so the vast majority of people didn't hear it, but more so was an order in direct contradiction to the conversation and agreement come to with the officers only minutes earlier. And lastly, that the final dispersal order was followed by a beat of only a few seconds, before the "advance" order was given, and for the record an "advance" order does not mean 'start swinging, pushing, and taking into custody" those are very different orders. And furthermore, we have footage of people who HAD DISPERSED being systematically targeted and physically assaulted and pulled from amongst groups of people who were in the acts of dispersing. But what do I know, I was just there. But since honesty is your policy, I must challenge this statement:

"I am beginning to believe that the young people that have joined the Copwatch "team" are merely young people with no life experience that have low self esteem and are looking to belong somewhere. I have yet met a "Copwatcher" that was realistic on how police must do their job."

By this statement it is obvious to me that you did not truly interview any of us, particularly the organizers of this Cinco De Mayo cop watch, because we have a very clear political understanding of the police and their role in society, as colonial enforcers, modern era Overseers. But furthermore, the majority of watchers were not "teenagers" I myself have been an activist for nearly two decades, so your 'description' of my own 'lack of experience' and 'low self-esteem' seems a bit contrived to say the least. I am many things, lacking esteem is not one of them. But lets continue:

"I interviewed one of the Copwatchers at E. Santa Clara St and N. 4th Street. He said, "The cops are well trained they should take the first punch." I asked this young man if what he meant was that if the police were taking enforcement action on a person that was committing a crime of violence against another citezen that they should "take the first punch" if that criminal attacked the police. The Copwatcher's response was, "Yes.""

An intriguing notion, since I personally was in charge of the Cop Watchers, downtown... and I'd find such a statement completely absurd in light of the fact that we'd only minutes before been telling people repeatedly not to provoke the police, and that it was a peaceful non-confrontational gathering... but then again, I just was there and organized it, perhaps I'm wrong. Mine eyes do decieve... oh wait, its all CAUGHT ON TAPE, that's right we're "cop watch."

"This is an example of the mindset of the Copwatchers I have come across and why I believe that SJ Copwatch are just trying to assist the criminal element by rationalizing the criminals behavior by turing it around on the police."

Who exactly is the "criminal element" again, Grand Jury finds SJPD guilty of targeting, there is video evidence and over 30+ years of testimonial evidence to your assertion... but oh well, damn the facts! Pesky, Pesky.

"Please San Jose Copwatchers be fair and just. Report when you see police when you see them doing something wrong, but don't defend people obviously committing crimes that the police need and should be arresting."

Interesting, so then were the people doing the taping on Cinco de Mayo "criminals in need of arresting" or more accurately; "attacking" cause that IS what happened.

"If you catch something on tape that helps prosecute a violent criminal then turn that tape over to the police ( This would never happen). As you would if you caught the police doing something wrong."

Oh that is the plan, but I don't think we're in a lot of favor of turning evidence of SJPD misconduct over to the SJPD themselves... hmmm... maybe to Federal Investigators for Civil Rights Violations, or maybe even Grand Jury Investigators after all they seem to be on the right path at the moment.

"I apologize of my negativity, but I use to be a Copwatch supporter and now I think their behavior borders on the criminal.

Sincerly,

Honest"

If you knew me, "a Cop Watcher" from that night, you'd know better than ever to apologize to me about anything, I don't accpet apologies, particularly hollow ones when it was for a conscious act and/or statement on the part of the person doing the apologizing. I think you're dishonest, and your assessment borders on the naive, particularly as you're making assumptions about A) the purpose of Cop Watch, B) the organizers and their intentions, motivations, and goals on Cinco de Mayo in San Jose, and most of all on the oh so passive magnanimity of the SJPD...
by tsenoh
Case in point, you must eh, be white or a coconut? And I'll bet you don't hang out much on the East Side either, if at all. Go back to your middle-class suburbia, and rot.
by For the people
I think honest came from the heart and has a valid opinion. Its is very hard for those in a particular organization and/or group to be honest about themselves. To say that all people involved in the COPWATCH organization are out for the good of the community is wrong. Just as there are bad police, lawyers, doctors ect. I think the majority of police are good and that they have a very hard job. Everyone is so critical about how their job is done. I have had no bad experiences with SJPD. I have found they are very professional and motivated. I had a death in the family and all the officers that arrived were very sweet and caring. It makes me sad to see how negative all the postings are regarding SJPD. I just feel that the postings are so militant in demeanor that they have very little credibility. I also feel that people might not agree with my side and I will probably also be bashed. Well, I have one thing to say. TO BAD!
by Karen Maleski
Sorry, "honest", whoever you are, but I am a white wealthy gray-haired mom who grew up here and didn't see anything wrong with cruising on Cinco De Mayo, so you're plain wrong about who does Copwatch. The people out on Story and King may look like criminals to you, but they didn't to me (especially the ones under 5 years old!). Since you lied about broken windows and probably also about being there, I'm going to refer to you as "liar" (plus, you're afraid to say who you really are, but I don't wanna know). I saw one broken bottle in an intersection and walked out to check it out. It didn't hit anything but pavement. How does that justify riot police chasing people to their cars? We had to get on the PA to tell them not to run. Believe me, they dispersed. Apparently those of us with cameras didn't disperse fast enough. We were the only ones arrested!!! So, "liar", how do you explain that? What have the riot cops got to hide? We feel that we were successful in our FIRST Cinco De Mayo Copwatch because no innocent bones were broken at Story and King. If, "liar", you are so sure that the cops should be not watched, then why? Do they need total privacy to uphold the law? Which law are they upholding at Story and King? You should join us next year. We'll be there!!!
by To tell the truth
Well, honest at least you have a different perspective. Of course, you can't expect that COPWATCHERS are going to have open ears to all opinions. The sad part of it all is that I based on the responses given that COPWATCHERS are not willing to accept that some people deserve to get arrested, particularly those during Cinco De Mayo. All you had to see is all the tatooed convicts at 19th and Santa Clara. i support the police and if the people causing problems decide to fight the police they get whatever force necessary to subdue them. I heard in one of the responses that she would only turn video over to a grand jury ect. SJPD has nothing to worry about. Most of the people that have negative encounters with the police put themselves in that situation by their demeanor, their behavior, and lack of respect for the law. I casually spoke to a few of the COPWATCHERS and I was told they were from Berkley. I have heard numerous times that it had been determined that officers in San Jose racially profile. Well, the statistic also show that 90% of the arrests do not come from traffic stops or self intiated enforcement. They come from calls for service and if you talking about the eastside of San Jose, well of course there will be more Hispanics stopped. The population consists of Hispanics. We all need to take statistics into context. There is nothing positive coming from being negative towards the police. I get the impression that COPWATCHERS don't like police or what they stand for. I agree that COPWATCHERS are brainwashed. I feel that if spoken to one-on-one they would never conceed to other peoples opinions. Only there far left wing liberal views. Well I am one that believes you have to be realistic on policing. I have been a victim of a crime and support the police officers need to use as much force necessary to arrest people. Its a fact of life criminals are going to get hurt by police when they run, fight, or resist. The message that needs to get across is dont commit crimes, if you do then don't run, and while being arrested dont try to fight. Those who post comments that whilte people have no right to an opinion and say "go back to the suburbs ect" Well you are just a racist. Good luck SJPD dont let the cameras cause you to second guess yourselves. The real community of San Jose will support you. God bless.
by wow
Wow what an arrogant racist comment.
by Mt. McKinley Resident
Wow, everyone hates to hear other peoples opinions. First, SJPD has not been found guilty of targeting. The percentages of different cultures being arrested, stopped, and/or detained iare consistent with the population of the community. East San Jose has more hispanics, so anyone with common sense would agree that there will be more Hispanics contacted in that area. Where Cambrian is more white, and more whites are arrested in that area. Anyone can bend statistics to suit their political agenda. Everyone brings up Cinco De Mayo. Well, lets be real there are a lot of the celebrators that are committing crimes while "celebrating." Hanging flags out the windows is illegal and so is blaring music that is audible from 50 ft of the vehicle. So, lets accept responsibility for our actions. If you dont commit crimes your not going to have to deal with the police. If you someone that needs to confront police, challenge them on your beliefs when your in the wrong, by committing crimes, well don't expect them to be nice to you. I wouldn't. Good hard working citizens dont support COPWATCH there political viewpoints are one-sided. And as with any organization that is unwilling to see the other sides point of view there viewpoint has less substance. SJPD has and does nothing but deal with people that want to get away with acting like a fool, then when called on their behavior cry, "You stopped cause I'm -blank- (race). Wake up people lets stop the crime in San Jose. That will occur by community support of our police department. Not by siding with organizations that dont support police enforcement. Oh by the way I have my right to express my belief. Ohh by the way Im not white, so save your racist comments.
by HONEST
No, Im not saying that at all Mike. What I'm saying is that when people begin to take over the streets and get violent or pose a threat to life or property, after a dispursal order the police have every right to use force to clear the streets. Read the law. I dont believe that if as you said people took over the streets during New Years that the police necessarily would have to use force to move them; however, like during Cinco when "celebrators" throw bottles at the police, then force should be used to move the crowd out of the area. Point is, You act like a fool and throw bottles, start fights, then you should go to jail! If people are being violent like Cinco 2006 where there were 6 stabbings, yes, the police should be breaking up violent celebrators. If you dont like the rules then dont play the game. Be a responsible citizen and celebrate responsibly. Dont get drunk, start fights, then blame the cops for being racist because you ended up in jail. Because that is where one belongs that commits such crimes.
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