I am greatly disturbed by District Attorney Wagstaffe’s early-March decision that the use of force by five San Mateo County sheriff deputies in the October 2018 Taser death of Chinedu Okobi “was lawful pursuant to the provisions of the California Penal Code 196.”
The video released on the district attorney’s website shows a man who was stopped for jaywalking in Millbrae and died after being hit by a Taser seven times by law enforcement officers when he attempted to flee. How, in 2019, is it “lawful” for officers to kill a man for simply resisting arrest? Mr. Okobi demonstrated no sign of aggression toward the officers until after being hit by a Taser seven times. Penal Code 196 and San Mateo County sheriff use of force policies should have protected this man from death at the hands of law enforcement officers. But they did not.
I have written letters to Wagstaffe that have not been answered. I have attended public and private meetings with the San Mateo County Board of Supervisors. I have read California law and San Mateo County Sheriff Use of Force Policies. What I have learned is that people in power are getting away with the murder of black individuals the same way they did a hundred years ago.
If Chinedu Okobi’s murder was lawful, then our laws need to change. It is time to ensure that our laws protect and serve all Californians. With California AB 392, a bill that restricts when police can use deadly force, we can do just that. I encourage all readers to contact your Assemblymember in support of AB 392.
(5) comments
Pacman repeats Steve Wagstaffe and Jamie Draper Partial Coroner Statement. The Coroner ruled that Mr. Okobi death was due to "cardiac arrest following physical exertion." Plus, he suffered from "Cardiomopaty" - heart disease. they omitted Deputy Coroner Heather Diaz #21ruling. " I have determined the manner of Death to be Homicide. Steve Wagstaffe confirmed this at his March 1, 2019 Press Conference.
The obvious omission is CSO Joseph Gonzales the San Mateo County Sheriff Employee who was involved in the take down of Chinedu Okobi. He is a civilian and it is Illegal for him to be Involved. Everybody in Law Enforcement knows that. Sheriff Carlos G. Bolanos and District Attorney don't mention him. Witness N.B. saw a male hit Okobi 3-4 times with a closed fist while he was being held down. March 1, at the Press Conference Wagstaffe said you don't use pepper spray in close range, the back spray would hit the Deputies. The civilian might not have known that 7:18 mark on video. He was not investigated in the In-Custody Death. He should be.
The recent officer-involved-shooting in Fremont on April 18th, reinforces the common theme I penned in my earlier post. Thought the circumstances in the Fremont incident and the incident involving Mr. Okobi bare no resemblance, except for one simple fact. Both individuals, when confronted by law enforcement, chose to disregard reasonable commands and their subsequent actions and behavior "forced" law enforcement to escalate their use of force.
The death of Mr. Okobi is indeed a tragedy. A tragedy for his family and friends, but also for the deputies and the Sergeant involved in this unfortunate event.
What "disturbes" to me is that Mr Okobi would still be with us if he had simply obeyed the reasonable commands/directions of the deputies. Sure, "jaywalking" is not the crime of the century, but the initial deputy was well within his statutory authority to stop and detain Mr. Okobi for this minor infraction. Had Mr. Okobi heeded the deputy's request, I'd bet the deputy would of given him a simple admonishment on the perils of jaywalking on El Camino Real or worse - a citiation.
Throughtout the event - beginning to end- Mr. Okobi was given a number of clear and reasonable commands which, for whatever reason, he chose to ignored. He was told he was going to be tased. He ignored the deputy. After he was tased, he ignored the commands to roll over on his stomach. (In the audio relased by the DA's Office, you can hear the Sergeant address Mr. Okobi as, "Sir" when directing him to roll onto his stomach.)
The deputies, never deployed "deadly force," only the less-lethal taser and less-lethal physical force were used to aid in controlling, overcoming and taking this 300+ pound man into custody.
The Coroner ruled that Mr. Okobi death was due to "cardiac arrest following physical exertion." Plus, he suffered from "Cardiomopaty" - heart disease.
Bottom line, which will not sit well with the police-haters of our society, but Mr. Okobi's actions and behavior on that fateful day forced the deputies into a position to escalate their use of force to control him and to take him into custody.
This is an important matter. Where are all the regular Letters-to-the-Editor
respondents on this question?
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