Major Update:
BAKERSFIELD, Calif. (KBAK/KBFX) — Cellphones were returned Wednesday to witnesses who claim they took video of an excessively forceful arrest that ended with the suspect dying in custody.
John Tello, the attorney for the witnesses, said his clients will likely release the video for public viewing by Friday, if not sooner. The lawyer said he brought in a private investigator to examine the videos on the phone, and that he's only seen one small piece that doesn't show the reported beating.
There is a news video to go along with the article which won't embed, here.
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Original diary:
No one could have predicted. When the organization employing those who are accused of gang-beating to death a man lying in the street gets to be seize the evidence and the accused beaters get to intimidate the witnesses who, despite that, have things to say like
We were right across the street, we could see the whole thing. A cop light lit up the whole scene. I could remember every single one of the deputies. I dream about them every night, I wake up screaming. The beating was so brutal. I can still hear Mr. Silva screaming and yelling and gargling his blood.
why would anyone expect anything untoward to happen?
... one of two cellphones seized from witnesses had no footage on it...
In interviews Tuesday, the two witnesses insisted that the videos on both phones - each several minutes long - clearly captured deputies repeatedly striking Silva with batons.
"They must have gotten rid of one of the videos," said Melissa Quair, 31, who told of seeing deputies pummel and kick Silva after confronting him across the street from Kern Medical Center in East Bakersfield...
Laura Vasquez, 26, a friend of the Quair family, said she also watched both videos - the other shot by a friend of Melissa Quair - and they vividly depicted the violence she witnessed.
Now the FBI is getting involved.
(See background / fill-you-in links at the bottom)
The FBI launched an investigation Tuesday into the death of a man beaten by authorities amid questions over how officials handled the case.
Kern County Sheriff Donny Youngblood said he asked the FBI to get involved...
The phones on Tuesday were flown to the FBI's Sacramento office for analysis.
The killing took place last Wednesday. As of yesterday there was no indication that the seven Sheriffs' deputies and two California Highway Patrol officers had even been relieved of duty. But the LA Times reports that the Sheriff stated in a press conference today that
... the sergeant and six deputies at the scene of the beating had been placed on paid administrative leave, in part because they had received emailed threats.
The LA Times article contains more information on just what happened Wednesday evening, confirmed by three witnesses reporters spoke to. Silva, the man who was killed, was sleeping on a lawn. Two deputies woke him. He sat up, confused or scared, and a deputy bashed him over the head. Then the other deputy swung for his head and...
More deputies ... arrived ... the deputies hogtied Silva, lifted him off the ground and dropped him twice, and delivered more baton blows and kicks to his head and body until he went limp.
It is completely absurd that these men have not been arrested, strictly on the testimony of these three witnesses, let alone the remaining video which the Sheriff claims to have viewed.
"I have seen the video," Youngblood said. "I cannot speculate whether they acted approriately or not just by looking at the video."
"Baton strikes were used but what I don't know is how many and where they were on the body and if they caused significant injury that caused death..."
Youngblood doesn't know where the blows fell or if they caused injury. The Coroner's report could probably establish that. Except -
as I reported in an update to my diary yesterday about this case - the Coroner, an employee of the Sheriff's Department, says it could take four months for a report on cause of death.
The only thing for certain is that if Youngblood and Kern County thought that this could be smothered, as it seemed they were trying to do as late as yesterday, they've failed to make that happen. With the FBI getting involved and one of the tapes erased, I expect the story might just start appearing in large type headline across the country.
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Links to fill you in on the story:
Bakersfield Californian
Bakersfield Californian
ABC Bakersfield
Fox News Latino
Kelly Thomas' father 'totally disgusted' by Kern beating (Kelly Thomas was beaten to death by Fullerton, CA police)
8:48 AM PT: Well, this is confusing. This was posted yesterday and updated an hour ago. Did the phones go back to the Kern Sheriff and then go to the FBI?
http://www.turnto23.com/...
The Bakersfield Police Department has returned cell phones and content regarding the beating of David Silva after reportedly having the evidence for four days now.
On May 10, the Kern County Sheriff’s Office asked the Bakersfield Police Department to conduct a forensic examination on two cellular telephones that they had seized as the result of their investigation into an in-custody death.
A Bakersfield police detective was assigned to and began his forensic examination of the cellular telephones on May 10.
On May 14, 2013, the cellular telephones and the data that the BPD detective had copied from the phones were given back to the KCSO. The cellular telephones were returned in the same condition, with the same contents intact, as the phones were when they were provided to the BPD detective. The forensic examination of the cellular telephones does not corrupt the original contents of the phones in any way.
The Bakersfield Police Department will maintain a digital copy of the contents of the cellular telephones as we would in any investigation in order to maintain the integrity of the examination. The BPD forensic examination into the contents of the cellular telephones is continuing and will be provided to the KCSO when that examination is completed.
At the request of the KCSO please direct any further inquiries into this investigation to the Sheriff’s Office.
9:14 AM PT: Story has made the New York Times:
http://www.nytimes.com/...
9:17 AM PT: From the New York Times article:
A half-dozen Kern County sheriff’s deputies were across the street beating a man with clubs and kicking him, she said. So she whipped out her mobile phone and began to video the episode, announcing to the officers what she was doing.
For about eight minutes, Ms. Melendez said, the man screamed and cried for help. Then he went silent, she said, making only choking sounds.
11:34 AM PT:
This isn’t the first time the Bakersfield police have been accused of gross civil rights violations. The Department of Justice began a five year long investigation into Bakersfield police in 2003 “after the department was the subject of numerous lawsuits and complaints alleging excessive force and racial profiling,” writes the LA Times.
http://www.privacysos.org/...
1:51 PM PT: Video with 911 recording, brief view of site, etc
2:20 PM PT: Article in the San Jose Mercury News:
http://www.mercurynews.com/...