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Publication highlights ‘America’s deadliest police’ of Kern County, law firm cases

December 2, 2015 | Article by Chain | Cohn | Clark staff | At the Firm , Cases , News & Media

Publication highlights ‘America’s deadliest police’ of Kern County, law firm cases

The Guardian — a renowned British national daily newspaper that also covers issues in the United States — unveiled its five-part series that examines the use of deadly force, rough justice, sexual misconduct cases and other issues involving “America’s deadliest police” of Kern County.

And among the cases highlighted are many of those involving wrongful death, police misconduct, sexual misconduct and civil rights cases handled by the Bakersfield law firm Chain | Cohn | Clark.

“Police in Kern County, California, have killed more people per capita than in any other American county in 2015,” according to The Guardian’s report. “The Guardian examines how, with little oversight, officers here became the country’s most lethal.”

PART I

The first in the five-part series, “The story of America’s deadliest police,” tackles the issue of how police officers in Kern County are reportedly responsible for killing more local residents per capita than in any other county in the country — 13 people in Kern, or about 1.5 people per 100,000 residents.

Reporters from The Guardian visited Chain | Cohn | Clark in recent weeks to interview clients of the law firm. Among them, for this part in the series, were family members of:

  • David Sal Silva, who was killed on the night of May 7, 2013. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center when several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop. After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing. Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead. Chain | Cohn | Clark has filed a civil rights lawsuit in connection with the wrongful death of David Silva.
  • David Garcia, who was shot to death in January 2015 by Kern County Sheriff’s deputies while leaving his house unarmed. Deputies were called to the house to assist on a suicide attempt call.

PART II

The second part of the series, “Where deputies dole out rough justice,” highlights how the brutal tactics of officers in Kern County have ended lives, cost the public millions, and prompted claims of a police force out of control.

This part also highlights a few cases represented by Chain | Cohn | Clark, including:

  • David Sal Silva, who was killed on the night of May 7, 2013. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center when several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop. After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing. Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead. Chain | Cohn | Clark has filed a civil rights lawsuit in connection with the wrongful death of David Silva.
  • James Moore was beaten to death by several deputies from the Kern County Sheriff’s Department while housed in central receiving downtown Bakersfield jail. On behalf of his family, Chain | Cohn | Clark filed suit. Three deputies were prosecuted by the Kern County District Attorney’s Office for their roles in James’ death. The case settled for $6 million.

PART III

The third part in the series, “Sexual assault and the price of silence,” tackles how law enforcement officers in Kern County secretly tried to “buy off” victims in sexual misconduct cases against the men sworn to protect them.

This part includes comments from Chain | Cohn | Clark attorneys David Cohn and Neil Gehlawat related to several cases of sexual assault involving Kern County Sheriff’s Department employees. They include:

  • Karen Frye, who was sexually molested at Lerdo Jail by Kern County Sheriff’s Department detentions deputy Anthony Michael Lavis. The law firm filed suit against the county for civil rights violations, conspiracy, sexual assault and battery, negligence, fraud, breach of contract and excessive use of force. The department also attempted to “buy off” Frye by offering her $1,500 in exchange for her agreement to not sue the department. That case settled for $300,000.
  • Jane Doe, a woman who was sexually assaulted by Kern County deputy Gabriel Lopez in her home in Tehachapi. Lopez sexually assaulted at least two other people as well. He pleaded no contest to two counts of assault by a public officer, two counts of false imprisonment, and two counts of sexual battery, and was sentenced to two years in prison.
  • Lori Kaplan, a 79-year-old woman who called the sheriff’s office during a dispute with her husband, who was diagnosed with late-stage Alzheimer’s. She, too, was sexually assaulted by Lopez in a similar fashion to his other victims. The third victim was quietly paid $5,000 by the department, and was unable to bring a civil claim.
  • Two claims against the County of Kern on behalf of two females who were sexually assaulted in separate incidents by Kern County Juvenile Corrections officers while the girls were housed at James G. Bowels Juvenile Hall. Kern County Corrections officer Cesar Holguin Navejar was arrested on suspicion of sexually assaulting Jane Doe 1. He is currently facing six felony charges including sexual battery, assault by a public officer and child molestation. Jane Doe 2, who was also housed at James G. Bowels Juvenile Hall. That suspect, George Anderson, has been placed on administrative leave pending further investigation.

PART IV

The fourth part of the series, “Partners in crime,” details how Kern County officers plan to continue policing themselves. The findings by The Guardian — that Kern County officers kill more people per capita than in any other U.S. county so far in 2015 — lend weight to claims from critics that police in Kern County are effectively policed only by themselves, the article states.

The article also highlights officer-involved crashes and the investigations that take place following the crashes. In particular, the article highlights three deputy-involved fatal crashes. In all three, Chain | Cohn | Clark has filed claims and lawsuits on behalf of their families. They include:

  • Daniel Hiler and Chrystal Jolley, who were killed in December 2011, when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case settled in March for $8.8 million.
  • Nancy Garrett, who was killed in September 2014 in Oildale when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her. The California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) found Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy. The civil case is ongoing.
  • Larry Maharrey, who was killed when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. The civil case is ongoing.

PART V

The fifth and final part, “A fight for answers,” focuses on what happens to the families of those who are killed by police officers.

“When someone dies after an encounter with law enforcement, he leaves behind parents and children, loss and confusion,” The Guardian writes. “What’s to be done when those people sworn to protect you are the same people who pull the trigger?”

The 13-minute video follows around the family members of those killed in officer-involved shootings as they campaign for justice of their loved ones. The video also follows around officers as the conduct their difficult jobs, and includes interviews with Kern County Sheriff Donny Youngblood and Bakersfield Police Chief Greg Williamson.

THE SERIES

The Guardian’s series is part of its project called The Counted, highlighting the number of people killed by police and other law enforcement agencies in the United States throughout 2015, “to monitor their demographics and to tell the stories of how they died.”

“The Counted is the most thorough public accounting for deadly use of force in the US,” according to The Guardian.

Why is this necessary? According to The Guardian, the U.S. government has no comprehensive record of the number of people killed by law enforcement. And this lack of basic data has been glaring amid the protests, riots and worldwide debate set in motion by fatal police shootings.

To read more about the series, click the media coverage below:

* Editor’s Note: Neil Gehlawat is no longer an attorney with Chain | Cohn | Clark *

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THE GUARDIAN SERIES

LOCAL MEDIA COVERAGE