Home Opinion Opinion: TV Media Does Antioch Police a Disservice by Going for Ratings Versus Truths

Opinion: TV Media Does Antioch Police a Disservice by Going for Ratings Versus Truths

by ECT

APD Arco

The Antioch Police Department is stuck defending its actions from an incident Tuesday at the Arco Gas Station after onlookers videotaped Antioch Police take a mentally ill homeless man into custody.

The incident occurred at the Arco Station on Buchanan and Contra Loma where officers were trying to take an uncooperative subject with reported mental issues into custody. Prior to police arrival, the man was reportedly dancing in the street and dodging cars.

According to Antioch Police, at the time officers arrived, they found an officer wrestling with the subject who had a magazine clip in his hand. Additional officers immediately assisted and tried to get the subject in handcuffs but the man would not cooperate. Officer’s tased the man and a K9 was eventually used.

Even then, the man was still resisting arrest and not in cuffs. After a few minutes, the subject was finally detained and officers backed off.

The sad part about this incident, is the video being blasted by news stations and social media does not show what transpired before the “record” button was clicked or the afterwards. It shows just a snap shot which from what I have seen; a subject is resisting arrest and ignoring police orders with a possibility of making its way into the street into traffic.

Prior to any sort of conclusion from the video, people must ask themselves why were police called and how did police even approach the suspect? How long was the officer wrestling with the subject before backup arrived?

Personally, over the last few years I’ve witnesses more than two-dozen people resist arrest and backup is always called. Depending on the incident, four-to-ten officers (estimates) will typically respond depending on the priority.

This is really not complicated police procedure to report to the public, unfortunately, ABC7 and KTVU decided to sensationalize a controversial topic like police brutality or cell phone rights to peak the public’s interest and apparently try to increase ratings.

ABC 7 told the public the following:

  • Several witnesses say the man, who appeared to be mentally disturbed, was handcuffed while police used a Tazer on him and hit him with a baton. Then, they say, an officer released a police dog that began biting the man until he was bleeding and unrecognizable.
  • The first witness continued to say, “Not his legs and his arms, his face and his head! That’s doing too much.” The first witness said, “They didn’t take no for an answer apparently because they pulled one lady out of her vehicle to get it, and she wouldn’t give it up and they were about to arrest her and finally they let her go because I believe she gave it up.”
  • However, a third witness told ABC7 News he was ordered to erase his video. So he did. He said, “They were being kind of controlling, like demanding, ‘erase your phone’ and they were trying to take people’s phones away.”
  • The American Civil Liberties Union says police officers may not confiscate or demand to view your digital photos or video without a warrant.
  • Antioch police told ABC7 News in a statement, “If a person is not willing to turn it over voluntarily, an officer can sometimes seize the device containing the video. The police would have to get a search warrant to retrieve the video from the device.”
  • Full story  http://abc7news.com/news/witnesses-upset-over-antioch-arrest-police-taking-cellphones/249975/

Meanwhile, KTVU told the public the following:

  • “They tased him, batoned him, kicked him, punched him. It was a bit excessive,” explained another man.
  • “Five cops were on him and they sicked the dog on him. And the dog bit his head, his face,” said one witness.
  • TV news media appear to be more interested in ratings versus actual truths.
  • “They had him in control, I mean, the man was sitting there crying. Like in pain, really crying, tears in his eyes, crying,” added the other witness we met.
  • “Even if he was on drugs, or whatever he was doing, he wasn’t messing with nobody, he wasn’t causing any bodily damage to himself or anybody else,” a witness said.
  • “His face was so bloody and it was just so red, that it looked like he literally went face first through a car windshield.”
  • http://www.ktvu.com/news/news/crime-law/residents-speak-out-over-alleged-police-brutality-/ngyLs/

After all the world class reporting ABC7 and KTVU supposedly do Friday, Saturday it turns out the man has a hard time grasping reality because according to his mother, he is a diagnosed schizophrenic with mental issues.

Along with being a schizophrenic, the man is suspected to have been on drugs according to sources which explains why he was immune to pain as neither a taser nor K9 helped him follow police orders to get his hands behind his back–he continued to fight police. But his schizophrenia could also explain his resisting arrest and combined with drugs, you have a man acting like “Superman”.

What is troubling is the news media put out all this information about him being beat up, gone through a windshield, dog bite to the face and head and he was unrecognizable to create a “feel sorry for the man” story while putting a black eye on the Antioch Police Department.

After all, this is a police department who are full of good people who are understaffed, overworked, tired, and dealing with poor working conditions thanks to a city who reduced staffing levels from 126 to 88 covering on average 1,500+ calls per week making them one of the busiest departments in the Bay Area, if not the country.

In an interview Saturday, the man’s face looks nothing like the injuries described in the reporting Friday–in fact, the portrayal is so false it doesn’t even look like the man was in a fight. Clearly the hyped up beating portrayed by the TV media is not true.

The witness who claims the man was bit in the face and bloodied so badly beyond recognition was mistaken. It begs the question what exactly did these witnesses by ABC7 and KTVU even see.

In fact, the staples in the head I suspect are not from a dog bite either because a dog bite is a puncture wound–this appears to be from a fall or being hit in the head with an item.

Unfortunately for the public who now believe police brutality occurred, the witnesses statements about injuries are not consistent with the information made available Saturday and video shown and the police department will have to likely defend themselves in the future.

KTVUdog bite head

More troubling about the reporting of this incident is the fact KTVU interviewed the man while he was smoking a joint–meaning he was under the influence of a controlled substance while giving an interview about what happened.  This was poor taste and a total lack of professionalism by KTVU.  Below is a screen shot.

KTVU2

One witness testimony presented by KTVU, is a clip where a “witness” explains drugs are apparently okay as long as no one gets hurt.

Even if he was on drugs, or whatever he was doing, he wasn’t messing with nobody, he wasn’t causing any bodily damage to himself or anybody else,” a witness said.

This is not sound judgment by KTVU basically showing a man smoking a joint to a witness explaining drugs are okay as long as the subject is not messing with anyone. Is KTVU pushing a drug agenda? Are they trying to create a sympathy vote for this homeless man?

For the record, using drugs or being under the influence in public is an H&S violation and dancing around vehicles is a danger to both the man and drivers on Contra Loma and Buchanan.

Maybe the acceptance by many in Antioch that drug use is “okay” is part of why Antioch’s crime is so high versus taking personal responsibility–but that is another topic for another day.

The bottom line here, the man says he wants to be president while smoking a joint highlights his inability to grasp reality.

As for the mother, while she should defend her son as any parent should, something is not right there either if her son is homeless and she is not caring for him when he has schizophrenia. If he is on medication, he shouldn’t be out in public anyway. Questions should be asked why she is not providing a service to her son so he is not out dancing in roadways with the potential to get hit by a car.

The family dynamics are an entire can of worms for the police to work out during the investigation.

Ultimately, at the close of the KTVU interview, you can see the man walking down the street just fine–again, showing that he was not beaten as portrayed by witnesses and tv media reports.

By the way, even with all the video shot, there were never any photographs of the man being bloody, no cuts, no scratches or even being in the hospital other than his head wound.

This is a perfect example of the news media performing a public disservice most of the time because they care about the “story” that gets ratings versus the story that gets the “truth”.

Ultimately, you have to dissect what his mom said which was he is diagnosed schizophrenic, and his trouble holding onto reality is obvious. Okay, so he does not know reality but does know reality to give a play-by-play of the police taking him into custody? It’s contradictory.

One thing that people need to pay attention to is the subject says he “almost gave up” meaning he admits whether he realizes it or not, he is resisting arrest—the media reports fail to highlights he is not in the right state of mind.

When a person is not in the right state of mind, it creates an unsafe environment for not only police officers, but for the community. If police are not firm in their response, the subject could become a danger, an officer could suffer injury or even incident bystanders could become victims. Mentally disturbed people are a public safety hazard. While force is required, it should not be deemed “excessive”, but a necessity—this is no different than a 3 year old trying to be put in their car seat kicking and screaming, now change this to a 180 pound man. Of course force is needed.

The KTVU interview then lost me with the so called interview of the self-appointed “expert” in Ralph Hernandez who claims the man was in cuffs and police continued to gang up on him–again, not true.

“From what I’ve gotten so far, the subject, he was handcuffed. Once the person is handcuffed, you can’t just gang up on the guy, beat him with your fists, kick him, hit him with your batons and also sick the dog on you.”

For starters, how does he know when the man was hand-cuffed? He doesn’t. He is guessing just like all the other witnesses off the video—again, the subject was wrestling with the officer and had his magazine clip in his hand. Quite frankly, the man is lucky he was only tased or bit by a dog, in other cities, he may have been shot.

Unfortunately for KTVU, they did not do any background of who they put on camera. Had they looked at Mr. Hernandez background, they would know he has a long history of anti-Antioch police behavior.

He did not back Measure C to hire more Antioch Police, in 2010 he called for cuts to police salary and benefits, while last year Hernandez wrote an editorial warning the public about police misconduct. You would be hard pressed in a Google Search to find Mr. Hernandez not bashing the Antioch Police Department.

One could even argue his judgment is not the best when this is the same man, who sat in Phillip Garrido’s living room and sensed nothing wrong–that made national headlines in the Jaycee Duggard case.

Bottom line, Mr. Hernandez has a history of making anti-Antioch Police statements and appears he will jump at any opportunity to speak negative about them both in a newspaper and on television.

Finally, ABC7’s Alan Wong did a major public disservice by stating cell phones were confiscated and there is something wrong with that.

For starters, when you record police activity, they have every right obtain a warrant and take data off your phone. Heck, they can even take it down to the station and get a warrant if the choose. Or, since you are a bystander recording and incident that likely does not involve you, just allow them to transfer the data and be on your way—note, police they are not allowed to delete it or ask you to delete it.

Unfortunately, the way Alan Wong covered the story was that police were ordering folks to delete video, pulled folks from vehicles and were confronting witnesses, it was slanted for ratings and created anti-police sentiment.

While it’s easy to say that occurred, there is little evidence available to show it truly occurred.

From the multiple videos taken, not one shows an officer pulling a subject out of a vehicle for a phone. Not one video shows police requesting data be deleted. Not one video shows police confiscating a phone.

It’s all witness’s testimony to dramatize an incident that really should have never made it on local news channels. In fact, how do we even know the people interviewed were on scene or involved in recordings or photos?

To be frank, Antioch Police know better than to do anything proclaimed in the news reports. I’ve personally been at shootings, assaults, and other incidents where a number of people are recording or taking photos—for the most part they ignore the cameras and focus on their job.

While police may confiscate devices when needed, what the news media left out is if a bystander records an incident, per a Supreme Court Decision, was the part that says if you use your phone to video anything, you’re required to submit it as evidence when asked by a police officer–so if you do not want to participate, do not record and certainly do not post it to YouTube or social media. Keep it in your pocket.

In fact, this website has been asked to provide photos or video for officers to look at on the spot and they take a peak and move on. It’s really not complicated nor threatening. If I say no, they can simply confiscate it and take it down to the station and with a warrant can transfer the data and return it to me. The truth is, if it doesn’t involve you or I, what is the problem?

In the end, the Antioch Police Department were portrayed as the bad guys while sympathy was created for a schizophrenic homeless man dancing around in the street was made to be the victim.

There is something backwards in the news media when a man who was ignoring police orders and putting police lives in danger is the victim when people are ultimately concerned about public safety and the safety of others.

An incident like this should never have needed more than 2-officers on scene had the subject obeyed police orders and was in a stable mental state of mind. The moment an officer’s safety is on the line, of course backup is going to be called.

One perspective gone completely ignored by the TV media was the unsafe work environment bystanders were creating for police by yelling at officers and challenging police to “go back to Sycamore”. Folks could be heard saying untrue things. Why did these people get a pass?

Shame on ABC7 and KTVU, ratings should never outweigh reality or facts. Antioch Police never crossed the line and never should be put in the position to defend themselves on an incident such as this.

If people of Antioch would change their attitude and perception of Antioch Police, maybe crime would further be reduced. Instead, rogue reporting by ABC7 and KTVU further enable folks to attack the police department and disrespect officers on duty. In fact, the poor reporting further empowers criminals to create more crime and create more havoc on the community because police are perceived as the “bad guys” while criminals are now the victims—its backwards!

Maybe instead of focusing on the police department, the news media should begin focusing on mentally ill patients walking the streets. It happens every day not only in Antioch, but in the County, across the state and the country.

Due to a lack of services available for people to get help, law enforcement everywhere is stuck trying to control people who are not always “living in reality” such as the case from Tuesday.

I encourage the community to support the Antioch Police Department in this incident because no boundaries were crossed and the news media went for emotion versus facts.

I personally find no credibility in a mentally handicapped individual on drugs versus the credibility of a dozen police looking out for the best interest of the public. In fact, I will never  support an individual who is on record stating he “almost gave up” to being taken into custody by police.

Shame on the TV media for going for ratings versus the truth and putting an unnecessary black eye on law enforcement.

Burk Byline

By Michael Burkholder
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47 comments

JimSimmons42 Aug 10, 2014 - 4:26 pm

Another example of why I love ECT! Not afraid to say it like it is when big media portrays it in another way. Great article!

Gail Gayer Aug 10, 2014 - 4:55 pm

My sentiments exactly! Keep up the fantastic work.

Nicole Aug 10, 2014 - 4:33 pm

I support APD 100%!!!!!!! Kudos ECT for being a real asset to the community and educating the public and appreciate your attention to detail while bringing up the mental illness aspect and lack of resources to get these people help. Thank you for being the lone voice of common sense when the news media goes for ratings at all cost.

jc Aug 10, 2014 - 4:42 pm

agree %100 Nicole,well said! mike did a great job articulating,discrepencies and biased reporting by local news agencies that couldnt drum up much news in the last week and ran with this for days now,unfortunatly all of the naysayer’s will still call it police brutaity when in all it is just an unfortunate incident.

Jamal Aug 10, 2014 - 4:58 pm

Come on Burk, how much did APD pay you to run this story? You are a hypocrite and nothing more than a police and fire lover because you can do neither except stand on the sidelines.

LLAB Aug 10, 2014 - 9:24 pm

Your comment makes you look like an ass! Michael Burkholder is totally in the right here! And his commentary on this matter is point on!

Michelle from Antioch Aug 10, 2014 - 5:11 pm

Thank you for exposing Ralph Hernandez. He is the last person TV media should be interviewing regarding the Antioch Police Department. I have lost all respect for John Sasaki and KTVU because they are my favorite news channel. Thank you for raising awareness regarding mental health in Contra Costa County, it has to be addressed at some point.

R J C Aug 10, 2014 - 5:22 pm

Superb article. Thank you.

Glen Jones Aug 10, 2014 - 5:23 pm

Throughout all of this I’ve heard numerous people saying “what about the guy being innocent until proven guilty”? How about they afford the police officers the same rights as the criminals?

Jeff C Aug 10, 2014 - 5:31 pm

A Mentally ill guy out playing in traffic is a problem for all involved. How would you like to be the person that hits the guy and has to deal with all of the issues of defending yourself for something that happened because someone was doing something they shouldn’t be doing?

Cops go out to get him out of the roadway and he is not cooperative- This is a problem because the guy is not reasonable and is resistant (I liked the analogy of a three year old). I remember wrestling my two year old to do things when he was not being reasonable and/or cooperative- it took all my strength. I wasn’t trying to hurt him but I had to make sure he got buckled in to his car seat or whatever. He would cry and make all kinds of noise and I wasn’t hurting him- I was controlling the situation to protect him and me. That is what the police were doing. The other officers around them were setting up a barrier so he couldn’t get away. Not once do I see an officer raising his arms over his head and striking the guy. Nor do any of them look angry. They look fairly relaxed and are just providing support to their fellow officers trying to get things under control.

In this video there is one obviously mentally disturbed man that the police are trying to control because he was doing something he shouldn’t and then a bunch of questionably sane people start getting their video cameras out and start harassing the officers. Are they stupid? What if it was a more serious issue? They were totally out of line. I applaud the police officers for not reacting.

I suspect the reason why I bunch of these assholes didn’t want their videos confiscated or viewed was because they could have been charged with interfering with an arrest. I think anyone that jumps to the conclusion that this was a crime is contributing to the crime problems Antioch has. All of you paranoid conspiracy theorists might consider meds like this guy needs too.

Police work is hard. They deal with people often having one of the worst day of their lives either as a victim or as an criminal getting caught. Police officers leave their families every day knowing they are putting their lives on the line and do it with professionalism and courtesy most of the time. I wish instead of seeing those jerks harassing the officers we could have seen people cheering on the officers for doing their jobs! I am sure the people that were driving down the road and almost hitting that guy are glad the officers got that bozo off the road. I am glad we don’t have someone in our community dealing with the guilt of hurting or killing someone that decided to dance in and out of traffic. I am glad that mother doesn’t have to plan a funeral for her son. I am glad no one got in to a costly car accident avoiding the guy and that no one else got hurt.

I feel bad for the crazy guy. I know schizophrenia is a terrible disease and that one of the biggest challenges for those affected is getting it controlled. The drugs they have to treat it are not good- they make people feel terrible. Besides that they truly believe their fantasies are real.

Folks if you want Antioch to get better start assuming the best of your officers. I am sure there will be bad apples every now and then (like that Hernandez guy). I was really shocked to hear that an officer involved in the Jaycee Dugard case was bad mouthing the APD. I googled him:

“A 33-year law enforcement veteran who sat in Phillip Garrido’s living room and may have met Jaycee Lee Dugard, said the man accused of kidnapping and holding Dugard captive for 18 years, was “normal in every which way.” And he had spoken with Garrido only two weeks before his arrest.” http://www.cbsnews.com/news/jaycee-update-veteran-cop-who-sat-in-phillip-garridos-living-room-sensed-nothing-amiss/

If Hernandez could sit with one of the craziest F_cks that has came out of Antioch and not recognize that something was off then how could he even think he has the ability to analyze someones action that he didn’t even observe who IS diagnosed as schizophrenic? I am disappointed in Channel 2 for giving that guy who obviously has a chip on his shoulder any screen time. Whatever…. Good job ECT. You are the voice of reason around here apparently.

Elaine Aug 11, 2014 - 7:24 am

Wasn’t this the same Hernandez who worked with the county DA’s office and had problems relating to women on probation? If I’m wrong about that I will apologize.

Julio Aug 10, 2014 - 5:38 pm

I remember years ago when Channel 4 day after day ran these types are article on Pittsburg.
No more channel 2 for us. This is truly a low blow. Thank you Mike.

You have our support APD!

LT Aug 10, 2014 - 5:40 pm

Everyone in Antioch knows what Ralph Hernandez is – a hate monger- he hates the police and never ever thinks about how to solve the problems of Antioch and always jumps on the band wagon to hurt the APD. Please people of Antioch remember to support your police department- there are people out there who continue to try to bring them down. They have tried before and an incident like this could spiral out of control with untruths just like before. Stand up for your PD.

Elaine Aug 11, 2014 - 7:26 am

People who so vehemently hate the PD usually had a run in with them in the past.

muriel Aug 10, 2014 - 5:41 pm

Very well written!! Im a convicted felon living in Antioch and I find it sad how much crime goes on in this town and how few police officers there are. Great job Mr. Burkholder.

Dolie Aug 10, 2014 - 6:12 pm

I think if this was true your Facebook page would have posted pictures of the man being beat or whatever. Based one your reporting style.

Chuck Aug 10, 2014 - 6:44 pm

Smoking a joint while interviewed? APD is cleaning up and helping people every day. They do not deserve this TV grandstand crap. Thanks ECT for standing up against the big boys attempt at selling news any way they can even if it means editing the truth out.

Doug Aug 10, 2014 - 6:49 pm

It’s sad that before they aired the story. The two local new services assumed the police were automatically wrong. Maybe the police of Antioch should have stood by and let the man be a traffic victim because of his mental illness and not risk injury to themselves!! But being true professionals the officers put it on the line for this man. When dealing with a combative subject they used the force needed to subdue the man and in this case it was tremendous to overcome the resistance. The officers safety is their primary concern in this case. This man was fighting like he had super human strength. Our police department in the City of Antioch did the job. But my question to the media is. What if the man had injuried or killed an Antioch officer ??? How would ABC7 and KTVU report the incident??

Marty Fernandez Aug 10, 2014 - 7:13 pm

Ralph Hernandez lives right up the street off Buchanan. He was either listening to the scanner or happened to drive by to get his face on TV. Probably the last person in Antioch to listen to about police matters. His file is sealed because what he did was so bad it couldn’t be made public. (In Pittsburg.)

Elaine Aug 11, 2014 - 7:29 am

You are right Marty. Those of us here in Antioch like forever know the true story about him.

Brandon Cody Aug 10, 2014 - 7:21 pm

Michael Burkholder your article makes me sick. You have your head so far up your cazoo you don’t know which way is right ! I watched the video and I saw for myself what the he’ll happened with my own 2 eyes. Yes it’s not a full video so I don’t know exactly what happened but what I saw on the video painted a very clear picture as well as eyewitness accounts as well as the video of the officer telling the bystander to hand over his phone. (WHY!!!)
This is an obvious case of absolute police brutality and interesting enough all to often this happens when the initial call was over a suspected mentally ill person in the street. What kind of training do officers receive on how to d escalate situations with mental I’ll people. Or is it a kind of get away free card. Another words open season for a band of gun toting THUGS who get away with murder. I almost wonder if the phrase he’s going for my gun means let’s kills this piece of shit.
I did take note on the strategic parking by the officer who after he parked his patrol car in front of the group of video tapers asked for them to hand them over. Great job in obstructing any further video from being taken .
And by the way your link to the video doesn’t work how convenient !

NRA Supporter Aug 11, 2014 - 10:49 am

Really Brandon, did you stop and check to see how far your head is up your A$$. Let me quote what you just typed here: “I watched the video and I saw for myself what the he’ll happened with my own 2 eyes. Yes it’s not a full video so I don’t know exactly what happened but what I saw on the video painted a very clear picture”

How contradictory is that?? I think you and your buddy Ralph Hernandez should hang out together more often. In no shape way or form did I see any type of brutality going on. There is certain things to look for that can show signs of excessive force. So, please do us all a favor and go wipe off your face from having it so far up your kazoo! Get real.

Great Job APD and ECT. We support you 100%, because you both do your jobs with 100% integrity!

andrew allen Aug 10, 2014 - 7:38 pm

I don’t think a police officer acting as though he has the right to take a citizens cell phone because they recorded what just happened is “sensationalism”.

yochtownlocal Aug 10, 2014 - 7:57 pm

ktvu professional ? sum ting wong,we too lo.ho lee fuk , bang ding ow

Amber Aug 10, 2014 - 10:56 pm

OMG, when I first saw that I could not help but LMFAO even though it was no laughing matter. How pathetic!

jillian Aug 10, 2014 - 8:08 pm

A bunch of bullshit

Report unbiased information Aug 10, 2014 - 11:29 pm

When my child graduated from a media program in college the professors told the class go out and be honest and write the unbiased truth. Don’t speak ill of people you don’t know about and don’t slander someone’s name. Be honest. Mental illness is not a crime. His mother should take care of him? How? He’s an adult! This is bad journalism! The worst I have ever encountered. I support APD, but if civil rights were broken than it needs to be addressed. This is a free country and he has rights mentally ill or not. APD is over worked and over stressed. The rubber band might be breaking. It wouldn’t be the first time things like this happened in depleted departments. I’m thankful I come from a family of lawyers because if a cop wanted my phone I would make sure my rights weren’t violated.

EastCountyToday Aug 11, 2014 - 8:56 am

Note to “Report unbiased information”… this article is labeled under opinion if you did not notice.

Julio Aug 11, 2014 - 10:01 am

This is a FREE country and this is your blog so you are free to write your own opinion. It is a very good piece Mike. Likewise, Unbiased has her/his opinion whether she is from a family of lawyers or not the police follow the law about phones/pictures.

fada Aug 11, 2014 - 12:14 am

I don’t care how “awesome” a police department is “most” of the time.. when the officers break the law, they need to be called out on it. They are held to a higher standard because of the power their position yields. They had no right to demand the footage, or the disposal of the footage. I wish they would have followed the law, then I could have supported them in trying their best to enforce the law. Now it all stinks and this guys family is going to walk away with millions.

NRA Supporter Aug 11, 2014 - 10:55 am

FADA….then you clearly don’t understand the LAW and should. Police have the right to take your video and HOLD IT, till they can get a court order from a judge if you decide that you don’t want to realease it. Why do people think just because it’s your phone that it’s your right to keep it and disobey a lawful order. You can’t, the law is there for a reason. Because VIDEO speaks the truth and to get to the truth people need to see the video. It’s just amazing the Stupid World some people live in. If you don’t like the laws here in the good old USA, your always welcome to get the HECK out!

Where did Antioch go wrong???? Aug 11, 2014 - 12:51 pm

Can somebody provide a link of a video that shows officers trying to take cellphones or asking them to erase it?

Where did Antioch go wrong???? Aug 11, 2014 - 1:07 pm

I have not seen the video of officers trying to take phones but if they are it is to document what is happening. The evidence that comes from these cellphone cameras often help the police. And for you Brandon Cody or should I say cop hater. To make a statement that you did not see the beginning or what occurred but saw enough and rely on the witness statements. Are you talking about the ghetto rat that was running around yelling at the cops as they are trying to deal with the situation. Please. He is also a cop hater. I wish you could walk in a cops shoes for one day. The shoes are pretty big to fill. That job is no game and no joke. Life and death everyday you put on that uniform. Regardless of who you are or whether you like the cops, you call the cops when something happens. When you or anybody else replies “I don’t call the cops”. You can save it because you do.

Bluehorseshow (@Bluehorseshow) Aug 11, 2014 - 11:01 am

This is one of the more twisted journalistic efforts that I have read in awhile. It doesn’t matter if the man in question was schizophrenic or not. The logic that Michael Burkeholder uses in regards to this mans “condition” is highly twisted. He obviously knows nothing about schizophrenia or has any clue about the rights of an adult schizophrenic. As a result, Burkeholder suffers from the same emotional histrionics that he is critical of the TV stations for. Moreover, the Supreme Court’s recent decision in June of this year about use of cell-phone “evidence” flies in the face of Burkeholder’s twisted logic. He obviously is oblivious about the requirement of a search warrant.

Brad Aug 11, 2014 - 12:39 pm

Look, I believe there is real police brutality but in this case with the police staff dealing with the low life’s of Antioch and seeing this community going way down in the shitter, I see nothing wrong with beating a guy who is resisting arrest or definitely grabbing an officer’s magazine. I support the officers doing what they have to do to be safe and to keep the rest of us safe. The only thing I’m upset about is the guy wasn’t black but I guess that’s a good thing cause then the city of Antioch would be sued over a bullshit lawsuit of racism.

ohreally Aug 11, 2014 - 1:48 pm

certainly from reviewing the video we can assume from what the cops were shouting that the person was not in cuffs and they were trying to do so. lets add together the polices own admission he was not registering pain.

lets start with the police dog. what fucking good is a police dog going to do to get a man in cuffs that is on the ground resisting? it’s not like the fucking guy was running. it was used to cause pain without purpose.

beating the person with a baton while he is lying on the ground resisting. again how does smacking someones head and legs assist putting a person in cuffs?

dipshits had 2 options. tase, which didn’t work or physically restrain each arm and pull it back to cuff. i’m sure 6+ officers with one kneeling on his back / neck should be able to handle 2 arms.

what we see here was not officers attempting to do just that. what we see here is angry pricks attempting to do that while inflicting pain as a punishment for resisting.

the reporter here can fuck off with his “we did them a disservice” bullshit. use your fucking head.

the cops were only escalating the situation after the fact by inflicting pain and distress. tactics these pigs know full well will induce a more violent reaction from a person in that situation.

am i advocating the persons initial resisting and breaking the law, not by any means.

i will call out these pigs for escalating a situation with anger and violence, none of which were towards the goal of restraining the suspect. (tasing excluded).

North Clayton Resident Aug 11, 2014 - 4:11 pm

@ohreally Your an idiot

Steve Aug 11, 2014 - 2:51 pm

Great piece.

Stupid Aug 14, 2014 - 5:24 am

Hernandez took on the whole status quo So I guess he deserves all this for sticking up for the public. Opinion or not this is rank. Ralph Hernandez is a legend. 30 years in law enforcement much of it for the county, (yes Contra Costa). Here’s the real history:
Shot at 23, he wasn’t even recovered yet when he brought down a bank robber single handed without even a weapon. It earned him an FBI citation. One of a group of activists who recalled all five of the Pittsburg city council members and was instrumental in cleaning up nepotism and corruption in the police department there so you can stop saying cops are pigs. NOW.

You can see why the corrupt status quo wants to take him down. When he interviewed Garrido (the guy with the girl, no one found in his backyard for 18 years). Hernandez was not there as a cop. He was hired to validate a patent of his. He was acting in the parameters of a private detective, not directed to investigate who hired him. He was retired from the PD,

The reporter here who has to my knowledge none of the merits or qualifications of Hernandez is blaming him but not the sheriffs who were called to the location with knowledge of his past and did not search the entire property.

The local news which had so hammered Hernandez for years was denied his story and was POed. But then how much is real news here anyway? Are they telling you about the city going bankrupt because they refused to listen to Hernandez’s and other watch dogs?
As an Antioch city council member he was the first to identify the need for more police and when he tried to tie that to new development back in 92′ to identify new funding, the crap hit the fan and they tried unsuccessfully to recall him.
Hernandez has never wained in his mission to protect the public and look in here at all the wolves on his heels.
All police records are sealed… Are they kidding?
I don’t know where this reporter ‘Burkholder’ gets his qualifications but Hernandez has earned there’s and yes, we who have been here all along know that. When he speaks to the sacrifice of policeman Hernandez is all of that. He could have checked out on disability (for real) but he hung in there for 30 years.
When Burkholder (the uninformed) says we the taxpayers of Antioch should vote for a tax or be labeled police haters, well, I think you get the picture. When blue sees green it’s only right the public see red. There are no middle class jobs in this town as highly compensated as the police. We are now currently 95 million in bond debt that is unfunded to police pensions and the news is not covering that…
The current measure C’ “police tax” was suppose to be for over 20 cops but has hired one or two. last I checked. Passing an Antioch tax is only deflecting the obligations of new developments so existing residents pay for their infrastructure.
Hernandez is and remains Antioch’s hero while the integrity of this news forum here drips with bias. To blame them for the situation the police find themselves in, is as silly as it is petty.

I understand the complexities of law when it deals with the mentally ill and believe you me, all the rule books just go flying out the window.
It’s like: drill sergeant meets hippy on 3000 mics of LSD.
One, following decades of training, procedure and weapons.
Two, is off in Disneyland not grounded at all. On meds, pot and whatever.

You cannot use a crime scene as an excuse to remove evidence under color of authority. The courts clearly ruled on this and never trust a repeater or cops opinion on the law. Are they attorneys? Even so, was there a serious crime here to warrant the need for taking people’s cell phones. I would think the APD would encourage the the video witness who pops out a phone and covers them. Video is not the enemy of a police officer in the act of doing his duty.

Consider what you would do having had your phone taken away. Phones are not just phones anymore. They are too important. Some would argue the most valued property one has. What if they knew they were about to be mugged for instance that night? Say they are so stressed they wreck their car. They’d have no means to communicate and unless they recall the numbers in the phone, who would they call?
The appearance of brutality and the actual act are too identical to tell apart. To the public they would fear a department that brutalizes. APD is working on 12 hour shifts and can’t always be the politest.
There are many reasons why people have surrendered Antioch to civil corruption. We are a transient town now, cast to the wind -no longer connected to our city leaders and they have done everything they can to destroy us economically and socially. We are no longer home and family friendly.

I don’t blame police for the mess we are in but they did support the past and present politicians and planners in office and they are the problem.
The money is gone and the rats are leaving mostly. I know bankruptcy is around the corner and in no small part due to past and current leaders the Hernandez’s opposed. They have always fought for the people in the tradition of the passionate. They otta give them a metal but the public will instead buy the insinuations here and that comes with the territory when you are a celebrity and no longer possess the right to defend your name.

ECV Aug 14, 2014 - 9:02 am

Someone is guzzling the kook-aid.

Is that you Ralph?

JimSimmons42 Aug 14, 2014 - 10:52 am

Someone is in love with Hernandez, this must be a family member, friend or Ralph himself. Advice, get a thicker skin.

Chuck Aug 14, 2014 - 6:18 pm

Stupid, Next there will be a bronze statue of him near the PD. If you were not there you don’t know jack. Police work is a dirty job but someone has to do it. I support the APD but not the bronze statue.

Where did Antioch go wrong??????? Aug 14, 2014 - 9:07 pm

Ralph should have no respect. Should have spent more time raising your family to have better values. JUST SAY NO TO DRUGS or DRUG DEALERS

stop apd corruption Aug 16, 2014 - 6:20 am

I hate how our local new is too afraid to speak the truth and constantly side with the corrupt police we have. Antioch Police will get investigated one day and the truth of their lies and mis conduct will be known by all. The people who are blind to this will one day learn the hard way , when an Antioch cop beats the shit out of them over a tail light .

Where did Antioch go wrong??????? Aug 18, 2014 - 8:06 pm

If a cop beats the shit out of you for a tail light then you are stupid and deserve a beat down. Its dumb ass people that generally push the incident over the edge because they got a ticket or stopped ” for no reason”. There are ways to deal with tickets and complaints about officer conduct. Go the correct route and you won’t have any problems or you can act a fool and put yourself in harms way.

Candy Peart Aug 20, 2014 - 5:35 am

Hey but head. Lots of people roll TOBACCO instead of pay high dollar for pre-Rolled.

You just accused a man of breakin a [stupid] law without evidence of any sort other than your own prejudice. Which you seem to have plenty of.

Surprised this place would host a biased story like this. But then everyone has a friend somewhere, I guess.

Where did Antioch go wrong??????? Aug 20, 2014 - 4:36 pm

Go smoke some more weed candy Peart. Your post just supports the fact that everybody judges before they know all the facts. Just like all the cop haters did when they saw all the cops standing over the guy who was not following orders and resisting. I did not see the ass whooping that was reported when watching the video. Just like Ralph Hernandez opening his hole and suggesting that the cops use the line ” he was going for our gun” to support their actions. He is a well noted Antioch police hater and now where near being qualified as a police expert.

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