Kern County Sheriff’s comments from leaked video on cost of deadly force causes controversy

April 18, 2018 | 9:53 am


A video released recently showing Kern County Sheriff Donny Youngblood telling an employees union that it is better “financially” to kill suspects than to “cripple” them has sparked controversy locally and nationwide.

In the one-minute video filmed in 2006 during his first campaign for sheriff, Youngblood is seen seated at a table discussing deputy trainings and the cost to the sheriff’s office due to police violence.

Chain | Cohn | Stiles attorney Matt Clark discussed Youngblood’s comments recently while on The Richard Beene Show on KERN Radio 1180, 96.1. You can listen to the full interview here.

The Bakersfield Californian described a portion of the video:

Youngblood, in response to a question about officer training, said that detention deputies are trained more extensively than they used to be because of the cost the county faces when deputies kill or injure a person.

“There’s a good reason for that: millions and millions of dollars,” Youngblood said. “You know what happens if a guy makes a bad shooting on somebody — kills them,” Youngblood said. “Three million bucks and the family goes away.”

It’s “a totally different ballgame” when it happens in a jail to an inmate who is in restraints and surrounded by multiple officers, Youngblood said.

“It’s no different than when a deputy shoots someone on the streets, which way do you think is better financially? To cripple them or kill them, for the county,” Youngblood asks.

“Kill them,” said a voice from the audience.

“Absolutely,” Youngblood replies. “Because if we cripple them we get to take care of them for life, and that cost goes way up.”

The comments from the video were related to a discussion about the 2005 in-custody beating death of James Moore, who was beaten by several Kern County detentions deputies. That wrongful death case, represented by Chain | Cohn | Stiles on behalf of Moore’s family, resulted in a $6 million settlement. The killing also led to criminal charges against the deputies.

Lawyer Matt Clark said Youngblood’s comments speak to a culture within the sheriff’s department that life is not valued, and shared that families of victims of wrongful death at the hands of sheriff’s deputies — of which there have been several in recent years — are upset over the sheriff’s comments.

“Doesn’t that provide a mindset in that department that human life isn’t worth that much?” Clark said. “Having represented families who have lost loved ones due to the negligent and sometimes criminal conduct of the sheriff’s department, I can tell you (the families of victims) are not pleased to hear that.”

Specifically, Clark discussed several wrongful death, civil rights, and excessive force cases represented in recent years by Chain | Cohn | Stiles:

  • Daniel Hiler and Chrystal Jolley were pushing the motorcycle to a relative’s house crossing Norris Road in Oildale when they were struck and killed by a Kern County Sheriff’s deputy patrol car, speeding with lights and sirens off. The wrongful death case settled for $8.8 million.
  • Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of 72-year-old Nancy Joyce Garrett, who was killed when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her.
  • On July 14 2015, Larry Maharrey was driving his motorcycle eastbound on Norris Road when a Kern County Sheriff’s deputy abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash.
  • On the night of May 7, 2013, David Sal Silva fell asleep in front of a home in east Bakersfield, across from Kern Medical Center. 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. And shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead. A wrongful death lawsuit settlement was reached in May 2016 for $3.4 million.

In most of these cases, deputies suffered little consequences or punishment despite breaking department policies in the situations that led to these tragic deaths, Clark said.

This isn’t the first time the Kern County Sheriff’s Office has been the center of controversy for its practices and history of deadly force.

In December 2015, The Guardian publication unveiled its five-part series that examined the use of deadly force, rough justice, sexual misconduct cases and other issues involving “America’s deadliest police” of Kern County. Then in 2017, the American Civil Liberties Union of Southern California published a report following a two-year study that concluded law enforcement agencies in Kern County have engaged in patterns of excessive force and systematically violated the civil rights of local residents. The California Attorney General’s Office is currently investigating patterns of excessive force and civil rights violations in Kern County’s departments.

———

If you or someone you know is the victim of excessive force, police misconduct, or other civil rights violations, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.

Chain | Cohn | Stiles files wrongful death claim on behalf of family of man who died while in Lemoore police custody

March 29, 2017 | 9:12 am


* Note: Neil Gehlawat is no longer an attorney with Chain | Cohn | Stiles *

The family of Donald Hill, a 30-year-old Central Valley man who died in December after being restrained by police officers, announced the filing of a wrongful death claim against the City of Lemoore.

Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles is representing the Hill family in their  wrongful death claim.

Hill, a civilian employee at Naval Base San Diego, died on Dec. 31, 2016 while he was being restrained by Lemoore police officers near the 1100 block of Pine Court. A “spit hood” was placed over Hill’s head, he was restrained chest down with weight on his back, and he vomited and stopped breathing. After he became unresponsive, he was transported to Adventist Medical Center in Hanford, where he was pronounced dead.

Hill’s family has many unanswered questions about the death of their loved one, which they believe to have been avoidable and preventable. They don’t understand why Hill couldn’t have been taken safely into custody without killing him.

“Donald, or ‘Donnie’ as he was affectionately known, was a young and vibrant man who had much of his life ahead of him,” his family said in a statement. “Donnie was blessed with a warm smile and calm, easy-going spirit. Those who knew him best would tell you he always treated people with love and respect. He cared for his family and friends very deeply, and was a constant fixture in the lives of his mother, brothers, nieces, nephews and many close friends. His sudden loss hurts us all to the core. We’ve all been left with an empty feeling since his passing and the events surrounding his death make it harder to move on.”

Added Chain | Cohn | Stiles attorney Neil Gehlawat during a March 23 press conference in front of Lemoore City Hall after the filing the claim: “Officers went to the scene of the home on Pine Court and Mr. Hill was restrained by officers with the Lemoore Police Department. And as a result of being restrained and having a spit mask put on his face and being handcuffed, he ultimately died. The question in our mind is what caused the heart to stop beating . And we have a strong suspicion that the conduct that led up to Mr. Hill’s passing is what caused his heart to stop.

He continued: “The purpose of us filing this claim and the purpose of us filing this lawsuit is the search for the truth.”

Prior to working for the Navy, Hill served as a Coast Guard civilian for two years in Alaska. Hill was a member of the Lemoore High School football and baseball teams, and also played squadron sports while working for the Navy and Coast Guard.

Kings County Sheriff’s Office and Kings County Multi-Agency Critical Incident Team is continuing their investigation. The claim is being filed on behalf of the mother of Donald Hill, Diane Hill, who is represented by Gehlawat of Chain | Cohn | Stiles as well as Thomas C. Seabaugh of The Law Office of Thomas C. Seabaugh.

These attorneys represented the family of David Silva, who died in police custody under similar circumstances in Bakersfield.

———

MEDIA COVERAGE

‘Justice delayed is justice denied’ – Chain | Cohn | Stiles comments on local federal case backlog

June 1, 2016 | 8:32 am


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

There’s an old legal principle hundreds of years old that states, “Justice delayed is justice denied.”

In Kern County and the Central Valley, where the federal justice moves slower than it does anywhere else in the United States, justice for many residents can take years to realize.

In fact, according to a new Eyewitness News report, a three-year wait for a civil case is not uncommon in the Central Valley. Nationwide, the average civil case takes 26.8 months to finish. In the Eastern District of our circuit court, the average is 37.8 months.

The waits are the product of a case backlog years in the making, according to the news report. And Bakersfield civil rights attorney Neil Gehlawat — of the accident, injury and workers’ compensation law firm Chain | Cohn | Stiles — told Eyewitness News that this is an issue local residents should be concerned about.

Gehlawat and other Chain | Cohn | Stiles represent victims of civil rights cases, including police misconduct, wrongful death and sexual abuse cases.

“The problem is that people are not made aware of it until they have to be a part of the system,” Gehlawat said. “When they are a part of the system, they get frustrated.”

The average judge in the Central Valley has 1,200 pending cases at any given time, and the federal judicial system has not kept up with the rapidly growing population in the Central Valley, according to Eyewitness News.

For many Kern County residents who must deal with the federal court system, a trip to Fresno or even Sacramento, has been necessary. In fact, as many as a third of civil cases in Fresno were passed to Sacramento, according to Eyewitness News.

The travel can present a considerable burden to all involved in the system, Gehlawat told Eyewitness News.

“That creates more expense,” he said. “It’s difficult for the clients, for them to get there, to leave their homes, their jobs that are important to them and their lives and have to travel two hours or four, five hours away to get their day in court.”

Recently, Chain | Cohn | Stiles helped settle a wrongful death and civil rights lawsuit that was filed in federal court. That case, which received international attention was brought against local law enforcement departments by the family of David Sal Silva, who was beaten and killed by officers.

Three years after the May 2013 death and lawsuit, and just one week before a scheduled trial, the Silva family received justice when it settled the case for $3.4 million.

The federal court backlog in Kern County is a problem not lost on Kern County’s political officials, who agree that our area needs more judges, but Republicans and Democrats blame each other for not being able to solve the problem, according to Eyewitness News.

In the meantime, justice for some in Kern County will be a waiting game.

———

MEDIA COVERAGE

———

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

If you or someone you know feels their civil rights have been violated, contact the Kern County civil rights attorneys at Chain | Cohn | Stiles by calling (661) 323-4000 or visit the website chainlaw.com.

The wrongful death case of David Sal Silva

May 18, 2016 | 7:41 am


On the night of May 7, 2013, David Sal Silva fell asleep in front of a home in east Bakersfield, across from Kern Medical Center. 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. And shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead.

These events and those that followed after this night made international news, including the wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of Silva’s family in 2013, to the settlement reached in May 2016.

Below is a chronological order of events and media coverage in the death and civil case of David Sal Silva.

———

‘BEGGING FOR HELP’

Early reports from law enforcement officials claimed officers struggled with a man in his 30s for eight minutes in front of a home on the corner of Flower Street and Palm Drive in east Bakersfield. Officers used batons and a K-9 unit before officers noticed the man was struggling to breath, called an ambulance, which rushed him across the street to Kern Medical Center emergency room. He would die shortly after.

The man was David Sal Silva, 33, a father of four.

Local media soon after reported a total of seven Kern County Sheriff’s Office deputies, including a K-9, and two California Highway Patrol officers arrived to the scene. They struck Silva with batons, released the K-9 on him, took him to the ground, restrained him and handcuffed him.

Immediately, witnesses stepped forward and described the incident.

“I watched a man deliberately murdered in my face,” one man who did not want to be identified told KBAK/KBFX Eyewitness News. “I see an officer and the K9 dog, with a man detained on the ground, and the man was screaming for help … They were just sitting on him. And the guys, they were holding him down and punching him, too … He wasn’t resisting. He was begging for help, and begging for his life.”

Besides witness statements, media also reported audio and video documented the beating.

MEDIA COVERAGE

 

CIVIL RIGHTS VIOLATED

Surveillance video obtained by KERO-23 News after the beating death showed Silva being repeatedly beaten with a stick while more law enforcement officers arrive.

A 911 call, too, helped document the incident.

“There is a man laying on the floor and your police officers beat the (expletive) out of him and killed him,” the caller tells dispatchers. “I have it all on video camera. We videotaped the whole thing.”

“He was like a piece of meat,” the caller later told Los Angeles Times. “We were telling them: ‘He’s dead. You guys already killed him.'”

Details also emerged of how officers took witness cell phones that contained videos of officers beating Silva, hogtying him, lifting him and dropping him twice. Witnesses described how they were essentially harassed and held kept captive inside their own home by officers until they released their phones, without a search warrant being presented. Officers promised to return phones the next day, but were told when they inquired about their phones that the Sheriff’s Department was keeping the phone until the investigation was over.

At the same time, the Silva family reached out to and obtained the representation of Chain | Cohn | Stiles.

“I have two grieving parents and one grieving brother who want to see the body of their son and brother,” David K. Cohn, managing partner of Chain | Cohn | Stiles told news media. “But we will get to the bottom of this and I ask the sheriff’s department, once again, what are you hiding?”

The public feared a cover up by law enforcement officials was in the making, media reported. Chain | Cohn | Stiles would plan to file a federal civil rights complaint on behalf of the family.

Meanwhile, Silva’s family mourned his death.

“I can’t believe this happened,” David’s father Sal Silva told The Bakersfield Californian at his vigil, sobbing while kneeling down and touching the blood stains left on the sidewalk from the incident. “My son was a family man who loved his kids and family and in the back of my mind I still hold on to the possibility that the body we haven’t seen, might not be my son.”

The beating death of David Silva brought back memories for many of the infamous Rodney King beating, in addition to other high-profile deaths of minorities at the hands of law enforcement. The coverage would continue for years.

MEDIA COVERAGE

 

PHONES & THE FBI

Fears that police were attempting to cover up details of the beating death of David Silva grew as Kern County Sheriff Donny Youngblood revealed that video evidence expected to be found on one of two cell phones confiscated from witnesses was not present on the phone.

The phones were handed over to the Bakersfield Police Department for examination, and the Federal Bureau of Investigation was also called upon for a “parallel investigation.”

MEDIA COVERAGE

 

PROTESTS & LOST TRUST 

The beating death of Silva at the hands of police, subsequent phone confiscation, missing videos and other civil rights violations resulted in protests throughout Kern County.

Protesters stood in front of the Kern County Superior Court and held signs that read, “protection of our rights” and “stop police brutality.”

“I believe in my heart that someone has to investigate this and find out why it happened and why it’s been happening, please, just give my brother justice,” Chris Silva, David Silva’s brother, told The Bakersfield Californian.

On May 20, 2013, attorneys for the witnesses who had their phones confiscated and returned by investigators released video footage that showed the final moments of Silva’s life as he screamed while officers held him down.

MEDIA COVERAGE

 

‘ACCIDENTAL’ DEATH 

On May 23, 2013, Sheriff Donny Youngblood called the death of David Silva “accidental” due to heart disease, according to a department he leads, the Kern County Coroner’s Office. Youngblood also slammed media for sending “shockwaves all across the United States” in the case.

“They’re trying to say he died of natural causes,” David Cohn told The Bakersfield Californian. “Who would believe that?”

MEDIA COVERAGE

 

CLAIMS, LAWSUITS FILED

In June 2013, Chain | Cohn | Stiles on behalf of the Silva family filed wrongful death and federal civil rights claims claim against the nine officers involved in Silva’s death, Kern County Sheriff’s Department, California Highway Patrol, Kern County, and the state of California.

The complaint sought damages on behalf of David Silva’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of David Silva.

“David Sal Silva was a loving young man who cared deeply for his family and his four young children,” David Cohn said in a statement to media. “On May 7, 2013, David died as a result of unreasonable and excessive force used by nine law enforcement officials, who repeatedly struck him with batons and hog-tied him despite his numerous cries for help. Those cries will forever be heard by his family, and in particular his four children, who will now have to grow up without their father. While this lawsuit will certainly not undo what happened, my hope is that it will serve as a catalyst for serious change amongst local law enforcement agencies. It is time that we put this longstanding ‘strike first, ask questions later’ culture to rest once and for all.”

A month later, local media described inconsistencies between information provided by Kern County Sheriff Donny Youngblood and information found in the Kern County Coroner’s autopsy report, including the use of the hogtie restraint. The tactic has been banned altogether by law enforcement agencies, including the Bakersfield Police Department and the Los Angeles Police Department.

Cohn stated the manner by which Silva was restrained may have played a role in Silva’s death by causing “positional asphyxiation.”

MEDIA COVERAGE

 

NO CRIMINAL CHARGES

In April 2014, Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva.

“This is the reason we need an independent advisory panel evaluating these types of cases,” David Cohn said in a statement at the time. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.

“Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family. Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

MEDIA COVERAGE

 

ONE-YEAR ANNIVERSARY 

Dozens chanted for justice in downtown Bakersfield on the one-year anniversary of Silva’s death, including representatives from Chain | Cohn | Stiles.

“We remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives,” attorney David Cohn said on the date. “The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

Protests and rallies would continue throughout Kern County.

MEDIA COVERAGE

 

CRIMINAL INVESTIGATION 

In late October, the U.S. Attorney’s Office and Civil Rights Division determined there was not sufficient evidence to sustain a federal criminal prosecution of officers involved in the death of David Sal Silva, which must be proven beyond a reasonable doubt, and the investigation was closed.

“To maintain the public’s trust and fulfill the high obligations undertaken by all law enforcement, it is critical that we diligently evaluate such allegations,” said U.S. Attorney Benjamin B. Wagner. “We undertook a careful evaluation of the evidence in this case, and we appreciate the assistance we received, particularly from our partners in the Federal Bureau of Investigation. I extend my condolences to the entire Silva family for the loss they suffered with the tragic passing of Mr. Silva.”

The Silva family now looked to the civil courts for justice.

MEDIA COVERAGE

 

PROTESTS FOR CHANGE

In the months and several deaths at the hands of police throughout the United States — Michael Brown in Furguson, Miss. and Eric Garner in New York — sparked protests and riots nationwide. In Bakersfield, police shot unarmed Ramiro James Villegas (James De La Rosa) in November 2014, which helped advance the chants for more accountability locally. In Kern County, the Silva family led the charge.

“Police brutality is an issue here and we won’t let it go away,” Chris Silva said at a December 2014 rally.

In March 2015, hundreds of family members, friends and supporters of people who have lost loved ones in confrontations with local law enforcement took to the streets of Bakersfield in a march that revisited the scenes of some of the deaths, including the scene of the death of David Silva.

“I’m here to support the Silva family and all the other families who have lost loved ones because of mistakes made by the police,” Chain | Cohn | Stiles attorney Neil Gehlawat told The Bakersfield Californian. “We’re not saying all police officers are bad people,” Gehlawat said. “But on occasion, police officers cross the line, and when that happens it’s important the officer be held accountable so that it doesn’t happen again to another family.”

In July, the Kern County District Attorney’s Office announced it would be reviewing all officer-involved shootings resulting in injury or death, and all uses of force resulting in death, for all law enforcement agencies throughout Kern County. Protesters contended the DA’s office has already shown that it cannot provide truly independent oversight of the Bakersfield Police Department and the Kern County Sheriff’s Office.

MEDIA COVERAGE

 

‘AMERICA’S DEADLIEST POLICE’ 

In December 2015, 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.

“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.”

Among the cases highlighted by The Guardian was the death of David Sal Silva, and other Chain | Cohn | Stiles civil rights and wrongful death cases. The series featured 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.

MEDIA COVERAGE

 

TRIAL 

In March 2016, a federal judge refused to dismiss most claims, including those involving allegations of excessive force and wrongful death, in the lawsuit filed against Kern County in the death of David Silva.

“This is a resounding victory for us because the judge ruled in our favor in almost all of the claims, both federal and state,” attorney Neil Gehlawat told The Bakersfield Californian. “We’re very pleased with the judge’s ruling in that respect, and believe his ruling is consistent with the evidence in the case.”

Chain | Cohn | Stiles worked together on the civil case with the Law Offices of Dale Galipo, as a lead trial attorney. The trial was set to begin in U.S. District Court in Fresno on May 12, 2016.

MEDIA COVERAGE

 

SETTLEMENT

On Wednesday, May 4, 2016, a settlement was reached for $3.4 million.

“The settlement today, nearly three years to the date of Silva’s death, is a vindication of a three-year campaign by the Silva family for justice, which brought national and international media attention to police brutality in Bakersfield,” Chain | Cohn | Stiles said in a statement announcing the settlement.

Attorneys from Chain | Cohn | Stiles and Law Offices of Dale Galipo hosted a press conference for media on May 5, 2016, along with Silva’s family. You can watch the complete press conference here.

“This case is now over, and this settlement is a bittersweet end to a long journey to achieving justice,” said attorney Neil Gehlawat during the press conference. “It’s bitter in that David is not here with us, and he is not here today to be a father to his children, to be a brother, to be a son. But it’s sweet because we know that the money that we’ve obtained in this case is going to go a long way to helping David’s children secure a bright future.”

 

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

MEDIA COVERAGE

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

December 2, 2015 | 7:35 am


The Guardian — a renowned British national daily newspaper that also covers issues in the United States — unveiled its five-part series that exgeamines 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 | Stiles.

“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 | Stiles 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 | Stiles 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 | Stiles, 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 | Stiles 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 | Stiles 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 | Stiles 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 | Stiles 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 | Stiles *

———-

THE GUARDIAN SERIES

LOCAL MEDIA COVERAGE

Local families, attorneys to march against police misconduct in ‘Walk for Justice’

March 3, 2015 | 10:08 am


Note: To see media coverage of this event, scroll to the bottom.

Prominent attorneys will be joining local families in the “Walk for Justice” on Saturday, March 14, to speak out against local cases of police misconduct, wrongful death and civil rights violations.

Chain | Cohn | Stiles attorney Neil Gehlawat will be joining lawyers from the prominent Los Angeles-based firm Geragos & Geragos at the 1 p.m. march, which starts at 1700 Flower St. in east Bakersfield.

That’s near the site where David Silva lost his life on the night of May 7, 2013, when officers approached him as he lay on the grass across the street from Kern County Medical Center. Silva, a 33-year-old father of four, was severely beaten by seven baton-wielding officers, and died an hour later.

The two prominent law firms are working together on the Silva wrongful death case, as well as other Kern County cases against the Kern County Sheriff’s Department and Bakersfield Police Department. The civil lawsuit is ongoing. 

Silva’s family, joined by other families from local cases of police misconduct, are now advocating for an end to police brutality.

To read more about the Silva case, click here.

The marchers will be meeting at four locations where incidents of police brutality have taken place, and will leave flowers in remembrance of victim’s lives. Those victims also include Ronnie (Pops) Ledesma, David Turner and James De La Rosa. The march will end at Heritage Park.

“Be the voice for those who no longer have one,” organizers stated in a flier for the march.

Attorney Neil Gehlawat will be speaking about local cases, as well as a representative from Geragos & Geragos. Attorney Mark Geragos is representing the families of two men killed by Bakersfield police in separate incidents, including the killing of Ramiro James Villegas on Nov. 13. That claim seeks damages for violation of civil and constitutional rights, wrongful death, punitive damages and emotional injuries. It says Villegas got out of his vehicle and held his hands up after being cornered by officers into a light pole. Officers said Villegas reached toward his waistband, and the officers opened fire, killing him. No gun or other weapon was found in Villegas’ possession.

For more information on the march, visit the “Walk for Justice” Facebook event page by clicking here, or call 661-747-1110. The march is sponsored by “Concerned Citizens of Bakersfield #UnitedWeStand.”

———-

Media:

The Bakersfield Californian: March draws attention to deaths in encounters with law enforcement

KGET Channel 17 (NBC): Locals call for more accountability in law enforcement

Instagram: CCS’ Neil Gehlawat speaks at “Walk for Justice” event

———-

Police misconduct, police brutality and the denial of civil rights have the effect of undermining our country’s Constitution. Common forms of police misconduct include unnecessary use of force, false imprisonment, sexual harassment and assault, illegal searches and planting evidence, among other circumstances. If you or someone you know has been a victim of police misconduct or police brutality, call the Bakersfield police misconduct lawyers at Chain | Cohn | Stiles at 661-323-4000, or visit the law firm’s website at Chainlaw.com.

Chain | Cohn | Stiles attorney David Cohn comments on L.A. Times update of Silva wrongful death case

November 25, 2014 | 10:16 am


“This was a beat down,” Chris Silva told the Los Angeles Times in an article updating readers on his brother’s wrongful death case. “Seven deputies and two CHP officers failed at their jobs.”

The newspaper’s columnist Robin Abcarian provided an update last week on the infamous David Silva case, which is being represented by the Bakersfield personal injury law firm Chain | Cohn | Stiles.

In the column — which you can read by clicking here — Abcarian outlines what happened on the night of May 7, 2013, when officers approached David Silva as he lay on the grass across the street from Kern County Medical Center in east Bakersfield.

When Silva woke up, officers tried to arrest him and released a police dog on him. Over 20 minutes, six more Kern County Sheriff’s Office deputies and two California Highway Patrol officers arrived. Silva was hit with batons, bitten dozens of times, hobbled with a hog-tie-like restraint and sat on by the officers, Abcarian described.

“He vomited, then stopped breathing,” Abcarian wrote. “He was pronounced dead at 12:44 a.m. on May 8.”

David Silva left behind four children, and a loving family who is now advocating for an end to police brutality.

Silva had gone to the hospital that night seeking help. After he fell asleep on the grass outside of the hospital, a security guard escorted him away. Officers were called after he fell asleep again across the street.

The Sheriff’s Office stated Silva was on drugs.

“How high could he have been?” Chain | Cohn | Stiles attorney David Cohn told The Times, who is representing the Silva family in a federal wrongful-death lawsuit. “He was sleeping. That hardly sounds like someone who is amped up on methamphetamine.”

The case received national media attention, including the aftermath when officers confiscated witness’s videos of the incident.

Nearly a year after Silva died, Kern County District Attorney Lisa Green declined to file charges against the officers. And last month, the U.S. Department of Justice also refused to file criminal charges.

Still, the wrongful death lawsuit continues.

Last week, Bakersfield personal injury lawyer Neil Gehlawat, who is also assisting with the Silva case as part of Chain | Cohn | Stiles, appeared on The Groove 99.3 with Sheri Ortiz to discuss police misconduct cases, as well as the Silva case.

Click here to listen to that show.

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

————–

To read all about the Silva case represented by Chain | Cohn | Stiles, read the media coverage below:

Radio show: CCS managing partner speaks on Silva wrongful death case

June 23, 2014 | 9:21 am


Discover Politics Progressive Internet Radio with AndreaMiller0 on BlogTalkRadio

CCS Managing Partner David Cohn on Saturday was a special guest on a national radio show to discuss the ongoing wrongful death case involving David Silva.

To listen to the hour-long interview, which also features the brother of David Silva — Chris Silva — press play on the player above, or CLICK HERE.

The two were the guests of Jacque DelRio, who hosts the radio show, Chicano Chronicles. The program is featured by the Progressive Democrats of America, a political organization that works inside the Democratic Party and outside in movements for peace and justice.

The focus of Saturday’s program was an ongoing wrongful death case involving David Silva, brought by Bakersfield personal injury law firm. Here’s a synopsis on that case:

On the night of May 7, 2013, David S. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center. 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.

On the one-year anniversary of the event, veteran personal injury attorney David Cohn — who is representing the family of David Silva — released the following statement:

“Today marks the one-year anniversary of the tragic and unfortunate death of David Silva at the hands of local law enforcement from the Kern County Sheriff’s Office and the California Highway Patrol. Although disappointed, we were not surprised by District Attorney Lisa Green’s decision several weeks ago to not pursue criminal charges against these officers. That being said, we remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives. The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

Chain | Cohn | Stiles filed a civil rights lawsuit in connection with the wrongful death of David Silva. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a result of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers. The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of Silva.

Since Silva’s death, family members and other supporters have been rallying for justice. Among the most outspoken is David Silva’s brother, Chris, who was also a guest on the radio show.

Progressive Democrats of America was founded in 2004 “to transform the Democratic Party and our country.” The group seeks to build a party and a government controlled by citizens, not corporate elites, with policies that serve the broad public interest, not just private interests.

Chain | Cohn | Stiles marks one-year anniversary of David Silva wrongful death

May 8, 2014 | 10:50 am


Chain | Cohn | Stiles on Thursday morning released a statement to local media marking the one-year anniversary of the wrongful death of David Silva. The Bakersfield personal injury law firm is representing the family of Silva. For news coverage of the anniversary of Silva’s death, follow CCS on social media or return to this blog.

UPDATE: Several media outlets covered the one-year anniversary and protests. See them below.

The news release is as follows:

—–

May 8, 2014

NEWS RELEASE

FOR IMMEDIATE RELEASE

Family, attorney mark one-year anniversary of wrongful death of David Silva

Bakersfield, Calif. (May 8, 2014) – On the night of May 7, 2013, David S. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center. 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.

“Today marks the one-year anniversary of the tragic and unfortunate death of David Silva at the hands of local law enforcement from the Kern County Sheriff’s Office and the California Highway Patrol,” said David K. Cohn, managing partner with Chain | Cohn | Stiles, who is representing the Silva family. “Although disappointed, we were not surprised by District Attorney Lisa Green’s decision several weeks ago to not pursue criminal charges against these officers. That being said, we remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives.”

He continued: “The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

Attorneys at Chain | Cohn | Stiles will be in attendance and support the family of David Silva as they hold a rally at 4 p.m. today at the Liberty Bell outside of Kern County Superior Court, on the corner of Truxtun and Chester avenues.

Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a result of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers. The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of Silva.

####

1430 Truxtun Avenue, Suite 100 – Bakersfield, CA – 93301 – Phone: 661-323-4000

CHAIN | COHN | STILES is Kern County’s leading plaintiffs’ personal injury law firm. Our Bakersfield personal injury attorneys have represented clients from throughout the San Joaquin Valley and California for 80 years. We concentrate our efforts on protecting the rights of individuals who have been seriously injured due to the negligent, reckless or intentional conduct of another. If you have been injured due to the fault of another, you have the right to hold that person or entity accountable, no matter how rich or powerful that person or entity may be. At Chain | Cohn | Stiles, we pride ourselves on having the reputation and resources necessary to overcome the most difficult challenges while achieving the best possible results for our clients. For more information, go to chainlaw.com.

Find us on Facebook, Twitter (@chainlaw), Instagram, LinkedIn, Yelp and Google+

——

NEWS COVERAGE

KERO-23 (ABC): Silva family attorneys release statement on anniversary of David Silva’s death

KERO-23 (ABC): One year since David Silva died after confrontation with deputies

KERO-23 (ABC): Family marks one year anniversary of David Silva’s death with courthouse rally

New America Media/South Kern Sol: On Anniversary of David Silva Slaying, Protesters Demand Justice

KBAK/KBFX (Fox): Family says justice hasn’t been served for in-custody death

 

Chain | Cohn | Stiles responds to Kern County District Attorney decision on Silva case

April 11, 2014 | 4:15 pm


Chain | Cohn | Stiles on Friday released the following news release after Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva, represented by this firm:

Below the release are links to media coverage of the announcement, and the response from Chain | Cohn | Stiles.

——

April 11, 2014                                                                                                       

NEWS RELEASE

FOR IMMEDIATE RELEASE

Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

The attorney for the family of David S. Silva on Friday called the decision by the Kern County District Attorney’s Office a disappointment, following its decision to not file charges against officers that beat and hogtied him before he died.

“This is the reason we need an independent advisory panel evaluating these types of cases,” said David K. Cohn, managing partner with Chain | Cohn | Stiles and attorney representing the Silva family. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.”

Cohn continued: “Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family.  Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva in May 7, 2013. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a consequence of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers.

The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of the decedent, David Silva.

——

Meanwhile, local, state and national news media has been covering the announcement and response. Here are some of those articles and videos. 

 

The Bakersfield Californian: Prosecutors won’t file charges in David Silva’s death, Letters to the Editor

KERO-23, ABC: Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

KBFX-58, KBAK-29, FOX: Kern County prosecutor: No charges in Silva in-custody death 

KGET-17, NBC: District attorney: No charges to be filed in David Silva case

KGET-17, NBC: DA: No charges for deputies in deadly Silva confrontation

KERO-23, ABC: Kern County District Attorney will not file charges in the alleged beating death of David Silva

CBS-2, KCAL-9, Los Angeles: No Charges Filed Against Deputies In Bakersfield Arrest Death

San Francisco Chronicle: No charges filed in Kern County arrest death