Friday, March 03, 2006

Police accused of excessive force during Mardi Gras

From the Spartan Daily
Online exclusive
By Laura Rheinheimer
Date: 3/3/06 Section: News

Three San Jose State University students say police used excessive force during the Mardi Gras celebration earlier this week.

SJSU student Tasha Burton, who was arrested on charges of resisting arrest early Wednesday morning, has filed a complaint against a San Jose Police Department officer, alleging that he used excessive force when he restrained her near City Hall as she was leaving the celebration at around 12:15 a.m. on Wednesday.

Two other SJSU students, Sheretta Henderson and Andreana Bates, have already spoken with SJPD's Internal Affairs about the alleged police brutality, Bates said.

Officer Enrique Garcia, a spokesman for SJPD, said he "can't offer any comment on it" because there is an internal investigation on the allegations.

"We're really not in a position to judge anything," Garcia said.

The alleged incident occurred when violence erupted in downtown San Jose late Tuesday evening and into early Wednesday morning, which led to four stabbings, 25 arrests and 238 citations issued by the police.

Bates said that she plans on filing a formal complaint against the SJPD and thinks Henderson will do the same.

A tape recorded by CBS Channel 5 shows a group of female SJSU students in an altercation with police near San Jose City Hall and shows one of the women being visibly struck by an officer with a baton. The woman, later identified as Henderson, can also be seen arguing with officers before she was hit with the baton.

Bates said in a phone interview that she was struck by an unidentified female officer after being told by police to go home.

"It didn't hurt, but the fact still remains that she hit me," Bates said.

Burton said she was with the group and alleged that an SJPD officer swore at her, pushed her with a baton and beat her.

"He smashed my face into the concrete like I was a piece of trash," Burton said.

Burton said she was on Fourth Street headed toward City Hall to retrieve her friend, Kimberly Larry, when an officer stopped her. Burton said the officer told her that City Hall was "off limits" and swore at her.

"He was so angry at me right off," Burton said.

Larry said while one officer confronted Burton, another two "snatched me up by the hood and (punched) my back."

Burton said the officer started cursing at her.

"I'm a woman and I know my rights," Burton said she responded to the officer.

Burton said the officer became violent after she asked for his badge number and he pushed her down.

"It's really offensive as a woman who respects the law," said Burton, a junior majoring in sociology with a minor in criminal justice, who wants to be a parole officer.

She said her mother is a police officer in Southern California.

Burton said she was considering trying to work for the SJPD. After the incident, she said she is rethinking her career.

The group of eight women were walking on Fourth Street slightly after midnight when they clashed with police, said some of the women involved.

"It was so surreal, like something out of a movie," said Barbara Powell, a junior majoring in marketing, who claims she was pepper-sprayed by police but will not file a complaint.

Detective Sgt. Edward Schroder will head the Internal Affairs investigation.

Officer Erin Fong of Internal Affairs said the investigation will go through a process of steps, including scrutiny by the Independent Police Auditor office.

Discipline could be ordered if the case is proven true, said Fong. According to an Internal Affairs document, allegations can be proven if it is "more likely than not that the misconduct occurred."

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