Dorner vs. LAPD (If you have trouble accessing site, the document is viewable at the end of the manifesto)
From: Christopher Jordan Dorner /7648
Subj: Last resort
Regarding CF# 07-004281
I know most of you who personally know me are in disbelief to hear from media reports that I am suspected of committing such horrendous murders and have taken drastic and shocking actions in the last couple of days. You are saying to yourself that this is completely out of character of the man you knew who always wore a smile wherever he was seen. I know I will be villified by the LAPD and the media. Unfortunately, this is a necessary evil that I do not enjoy but must partake and complete for substantial change to occur within the LAPD and reclaim my name. The department has not changed since the Rampart and Rodney King days. It has gotten worse. The consent decree should never have been lifted. The only thing that has evolved from the consent decree is those officers involved in the Rampart scandal and Rodney King incidents have since promoted to supervisor, commanders, and command staff, and executive positions.
The question is, what would you do to clear your name?
A word or set of words by which a person, animal, place, or thing is known, addressed, or referred to.
reputation, title, appellation, denomination, repute.
A name is more than just a noun, verb, or adjective. It’s your life, your legacy, your journey, sacrifices, and everything you’ve worked hard for every day of your life as and adolescent, young adult and adult. Don’t let anybody tarnish it when you know you’ve live up to your own set of ethics and personal ethos.
In 8/07 I reported an officer (Ofcr. Teresa Evans/now a Sergeant), for kicking a suspect (excessive force) during a Use of Force while I was assigned as a patrol officer at LAPD’s Harbor Division. While cuffing the suspect, (Christopher Gettler), Evans kicked the suspect twice in the chest and once in the face. The kick to the face left a visible injury on the left cheek below the eye. Unfortunately after reporting it to supervisors and investigated by PSB (internal affairs investigator Det. Villanueva/Gallegos), nothing was done. I had broken their supposed “Blue Line”. Unfortunately, It’s not JUST US, it’s JUSTICE!!! In fact, 10 months later on 6/25/08, after already successfully completing probation, acquiring a basic Post Certificate, and Intermediate Post Certificate, I was relieved of duty by the LAPD while assigned to patrol at Southwest division. It is clear as day that the department retaliated toward me for reporting Evans for kicking Mr. Christopher Gettler. The department stated that I had lied and made up the report that Evans had kicked the suspect. I later went to a Board of Rights (department hearing for decision of continued employment) from 10/08 to 1/09. During this BOR hearing a video was played for the BOR panel where Christopher Gettler stated that he was indeed kicked by Officer Evans (video sent to multiple news agencies). In addition to Christopher Gettler stating he was kicked, his father Richard Gettler, also stated that his son had stated he was kicked by an officer when he was arrested after being released from custody. This was all presented for the department at the BOR hearing. They still found me guilty and terminated me. What they didn’t mention was that the BOR panel made up of Capt. Phil Tingirides, Capt. Justin Eisenberg, and City Attorney Martella had a signigicant problem from the time the board was assembled. Capt. Phil Tingirides was a personal friend of Teresa Evans from when he was her supervisor at Harbor station. That is a clear conflict of interest and I made my argument for his removal early and was denied. The advocate for the LAPD BOR was Sgt. Anderson. Anderson also had a conflict of interest as she was Evans friend and former partner from Harbor division where they both worked patrol together. I made my argument for her removal when I discovered her relation to Evans and it was denied.
During the BOR, the department attempted to label me unsuccessfully as a bully. They stated that I had bullied a recruit, Abraham Schefres, in the academy when in reality and unfounded disposition from the official 1.28 formal complaint investigation found that I was the one who stood up for Abraham Schefres when other recruits sang nazi hitler youth songs about burning Jewish ghettos in WWII Germany where his father was a survivor of a concentration camp. How fucking dare you attempt to label me with such a nasty vile word. I ask that all earnest journalist investigating this story ask Ofcr. Abraham Schefres about the incident when Ofcr. Burdios began singing a nazi youth song about burning jewish ghettos.
The internal affairs investigation in the academy involving Schefres was spurned by a complaint that I had initiated toward two fellow recruit/offifcers. While on a assigned patrol footbeat in Hollywood Division, Officers Hermilio Buridios IV and Marlon Magana (both current LAPD officers) decided that they would voice their personal feelings about the black community. While traveling back to the station in a 12 passenger van I heard Magana refer to another individual as a nigger. I wasn’t sure if I heard correctly as there were many conversations in the van that was compiled of at least 8 officers and he was sitting in the very rear and me in the very front. Even with the multiple conversations and ambient noise I heard Officer Magana call an indivdual a nigger again. Now that I had confirmed it, I told Magana not to use that word again. I explained that it was a well known offensive word that should not be used by anyone. He replied, “I’ll say it when I want”. Officer Burdios, a friend of his, also stated that he would say nigger when he wanted. At that point I jumped over my front passenger seat and two other officers where I placed my hands around Burdios’ neck and squeezed. I stated to Burdios, “Don’t fucking say that”. At that point there was pushing and shoving and we were separated by several other officers. What I should have done, was put a Winchester Ranger SXT 9mm 147 grain bullet in his skull and Officer Magana’s skull. The Situation would have been resolved effective, immediately. The sad thing about this incident was that when Detective Ty from internal affairs investigated this incident only (1) officer (unknown) in the van other than myself had statements constistent with what actually happened. The other six officers (John Carey, Gary Parker, Jacob Waks, Abraham Schefres and names I have forgotten) all stated they heard nothing and saw nothing. Shame on every one of you. Shame on Detective Ty (same ethnicity as Burdios) for creating a separate 1.28 formal complaint against me (Schefres complaint) in retaliation for initiating the complaint against Burdios and Magana. Don’t retaliate against honest officers for breaking your so called blue line. I hope your son Ryan Ty, who I knew, is a better officer than you, Detective Ty.The saddest part of this ordeal was that Officer Burdios and Magana were only given 22 day suspensions and are still LAPD officers to this day. That day, the LAPD stated that it is acceptable for fellow officers to call black officers niggers to their face and you will receive a slap on the wrist. Even sadder is that during that 22 day suspension Buridios and Magana received is that the LAPPL (Los Angeles Police Protective League) paid the officers their salaries while they were suspended. When I took a two day suspension for an accidental discharge, I took my suspension and never applied for a league salary. Its called integrity.
Journalist, I want you to investigate every location I resided in growing up. Find any incidents where I was ever accused of being a bully. You won’t, because it doesn’t exist. It’s not in my DNA. Never was. I was the only black kid in each of my elementary school classes from first grade to seventh grade in junior high and any instances where I was disciplined for fighting was in response to fellow students provoking common childhood schoolyard fights, or calling me a nigger or other derogatory racial names. I grew up in neighborhoods where blacks make up less than 1%. My first recollection of racism was in the first grade at Norwalk Christian elementary school in Norwalk, CA. A fellow student, Jim Armstrong if I can recall, called me a nigger on the playground. My response was swift and non-lethal. I struck him fast and hard with a punch an kick. He cried and reported it to a teacher. The teacher reported it to the principal. The principal swatted Jim for using a derogatory word toward me. He then for some unknown reason swatted me for striking Jim in response to him calling me a nigger. He stated as good Christians we are to turn the other cheek as Jesus did. Problem is, I’m not a fucking Christian and that old book, made of fiction and limited non-fiction, called the bible, never once stated Jesus was called a nigger. How dare you swat me for standing up for my rights for demanding that I be treated as a equal human being. That day I made a life decision that i will not tolerate racial derogatory terms spoken to me. Unfortunately I was swatted multiple times for the same exact reason up until junior high. Terminating me for telling the truth of a caucasian officer kicking a mentally ill man is disgusting. Don’t ever call me a fucking bully. I want all journalist to utilize every source you have that specializes in collections for your reports. With the discovery and evidence available you will see the truth. Unfortunately, I will not be alive to see my name cleared. That’s what this is about, my name. A man is nothing without his name. Below is a list of locations where I resided from childhood to adulthood.
Pico Rivera, CA.
La Palma, CA.
Thousand Oaks, CA.
Cedar City, UT.
Yorba Linda, CA.
Las Vegas, NV.
During the BOR an officer named, Sgt. Hernandez, from Los Angeles Port Police testified on behalf of the LAPD. Hernandez stated for the BOR that he arrived at the location of the UOF shortly before I cuffed the suspect. He also stated that he assisted in cuffing the suspect and that’s old the BOR he told me to fix my tie. All of those statements were LIES!!! Hernandez, you arrived at the UOF location up to 30 seconds after I had cuffed Mr. Gettler. All you did was help me lift the suspect to his feet as it was difficult for me to do by myself because of his heavy weight. You did not tell me to fix my tie as the BOR members and everyone else in the room know you lied because the photographic evidence from the UOF scene where Gettler’s injuries were photographed clearly shows me wearing a class B uniform on that day. A class B uniform is a short sleeved uniform blouse. A short sleeved uniform blouse for the LAPD does not have a tie included. This is not Super Troopers uniform, you jackass. Why did you feel the need to embellish and lie about your involvement in the UOF? Are you ashamed that you could not get hired on by any other department other than port police? Do you have delusions of grandeur? What you did was perjury, exactly what Evans did when she stated she did not kick Christopher Gettler.
What they failed to mention in the BOR was Teresa Evans own use of force history during her career on the LAPD. She has admitted that she has a lengthy use of force record and has been flagged several times by risk management. She has a very well known nickname, Chupacabra, which she was very proud to flaunt around the division. She found it very funny and entertaining to draw blood from suspects and arrestees. At one point she even intentionally ripped the flesh off the arm of a woman we had arrested for battery (sprayed her neighbor with a garden water hose). Knowing the woman had thin elastic skin, she performed and Indian burn to the woman’s arm after cuffing her. That woman was in her mid-70′s, a mother and grandmother, and was angry at her tenants who failed to pay rent on time. Something I can completely understand and I am sure many have wanted to do toward tenants who do not pay their rent. Teresa Evans was also demoted from a senior lead officer rank/position for performance issues. During my two months of working patrol with Teresa Evans, I found her as a woman who was very angry that she had been pulled from patrol for a short time because of a domestic violence report made by Long Beach Police Department because of an incident involving her active LAPD officer boyfriend, Dominick Fuentes, and herself. Dominick Fuentes is the same officer investigated for witness tampering. She also was visibly angry on a daily basis that she was going to have to file for bankruptcy because her ex-husband, a former LAPD officer and not Dominick Fuentes, who had left the department, state, and was nowhere to be found had left her with a tax bill and debt that she was unable to pay because of a lack of financial means. Evans, you are a POS and you lied right to the BOR panel when Randy Quan asked you if you kicked Christopher Gettler. You destroyed my life and name because of your actions. Time is up. The time is now to confess to Chief Beck.
I ask that all journalist investigating this story submit request for FOIA with the LAPD to gain access to the BOR transcripts which occurred from 10/08 to 2/09. There, you will see that a video was played for the BOR members of Mr. Christopher Gettler who suffers from Schizophrenia and Dementia stating that he was kicked by a female officer. That video evidence supports my claim that Evans kicked him twice in the upper body and once in the face. I would like all journalist to also request copies of all reports that I had written while employed by LAPD. Whether in the academy, or during my 3 years as a police officer. There are DR#’s attached to each report (investigative report) that I have ever written so they all exist. A FOIA request will most likely be needed to access these at Parker center or at the Personnel/Records. Judge my writin/grammar skills for yourself. The department attempted to paint me as an officer who could not write reports. Even though Sgt. Joel Sydanmaa a training officer who trained me stated for the BOR panel that there was nothing wrong with my report writing and that I was better than all rookie/probationer officers he has ever trained. Officer David Drew stated the same but refused to testify as he did not want to “get involved” with the BOR’s. Contact Sgt. Donald Deming ,(now a Captain at Lompoc PD), Sgt. Thaddeus Faulk, and Sgt. Ed Clark. All will state that my report writing was impeccable. I will tell you this, I always type my reports because I have messy handwriting/penmanship. I never had a single kickback/redlined report at Southwest division and Sgt. Faulk and Sgt. Clark can testify to that. I never received an UNSATISFACTORY on any day or week. The same can be said within the U.S. Naval Reserves. All commanders will state that my report writing was always clear, concise, and impeccable. Even search my AAR (after action reports),chits, Memorandum’s, IIR’s (Intelligence Information Reports) which were written in the Navy. All were pristine.
I had worked patrol at LAPD’s Harbor Division from 2/06 until 7/06 when I was involuntarily recalled back to active duty (US Navy) for a 12 month mobilization/deployment to Centcom in support of OIF/OEF. I returned back to LAPD’s Harbor division on 7/07 and immediately returned to patrol. I worked at Harbor division until 11/07 where I then transferred to Southwest Division. I worked At Southwest division until 6/25/08 when I was relieved of duty.
I have exhausted all available means at obtaining my name back. I have attempted all legal court efforts within appeals at the Superior Courts and California Appellate courts. This is my last resort. The LAPD has suppressed the truth and it has now lead to deadly consequences. The LAPD’s actions have cost me my law enforcement career that began on 2/7/05 and ended on 1/2/09. They cost me my Naval career which started on 4/02 and ends on 2/13. I had a TS/SCI clearance(Top Secret Sensitive Compartmentalized Information clearance) up until shortly after my termination with LAPD. This is the highest clearance a service member can attain other than a Yankee White TS/SCI which is only granted for those working with and around the President/Vice President of the United States. I lost my position as a Commanding Officer of a Naval Security Forces reserve unit at NAS Fallon because of the LAPD. I’ve lost a relationship with my mother and sister because of the LAPD. I’ve lost a relationship with close friends because of the LAPD. In essence, I’ve lost everything because the LAPD took my name and new I was INNOCENT!!! Capt Phil Tingirides, Justin Eisenberg, Martella, Randy Quan, and Sgt. Anderson all new I was innocent but decided to terminate me so they could continue Ofcr. Teresa Evans career. I know about the meeting between all of you where Evans attorney, Rico, confessed that she kicked Christopher Gettler (excessive force). Your day has come.
I’m not an aspiring rapper, I’m not a gang member, I’m not a dope dealer, I don’t have multiple babies momma’s. I am an American by choice, I am a son, I am a brother, I am a military service member, I am a man who has lost complete faith in the system, when the system betrayed, slandered, and libeled me. I lived a good life and though not a religious man I always stuck to my own personal code of ethics, ethos and always stuck to my shoreline and true North. I didn’t need the US Navy to instill Honor, Courage, and Commitment in me but I thank them for re-enforcing it. It’s in my DNA.
Luckily I don’t have to live everyday like most of you. Concerned if the misconduct you were apart of is going to be discovered. Looking over your shoulder, scurrying at every phone call from internal affairs or from the Captains office wondering if that is the day PSB comes after you for the suspects you struck when they were cuffed months/years ago or that $500 you pocketed from the narcotics dealer, or when the other guys on your watch beat a transient nearly to death and you never reported the UOF to the supervisor. No, I don’t have that concern, I stood up for what was right but unfortunately have dealt with the reprocussions of doing the right thing and now losing my name and everything I ever stood for. You fuckers knew Evans was guilty of kicking (excessive force) Gettler and you did nothing but get rid of what you saw as the problem, the whistleblower. Gettler himself stated on video tape ( provided for the BOR and in transcripts) he was kicked and even his father stated that his son said he was kicked by Evans when he was released from custody. The video was played for the entire BOR to hear. Tingirides, Eisenberg, and Martella all heard it. You’re going to see what a whistleblower can do when you take everything from him especially his NAME!!!
Look what you did to Sgt. Gavin (now lieutenant) when he exposed the truth of your lying, racism, and PSB cover-ups to frame and convict an innocent man. You can not police yourselves and the consent decree was unsuccessful. Sgt. Gavin, I met you on the range several times as a recruit and as an officer. You’re a good man and I saw it in your eyes an actions.
Self Preservation is no longer important to me. I do not fear death as I died long ago on 1/2/09. I was told by my mother that sometimes bad things happen to good people. I refuse to accept that.
From 2/05 to 1/09 I saw some of the most vile things humans can inflict on others as a police officer in Los Angeles. Unfortunately, it wasn’t in the streets of LA. It was in the confounds of LAPD police stations and shops (cruisers). The enemy combatants in LA are not the citizens and suspects, it’s the police officers.
People who live in glass houses should not throw stones. How ironic that you utilize a fixed glass structure as your command HQ. You use as a luminous building to symbolize that you are transparent, have nothing to hide, or suppress when in essence, concealing, omitting, and obscuring is your forte.
Chief Beck, this is when you need to have that come to Jesus talk with Sgt. Teresa Evans and everyone else who was involved in the conspiracy to have me terminated for doing the right thing. you also need to speak with her attorney, Rico, and his conversation with the BOR members and her confession of guilt in kicking Mr. Gettler. I’ll be waiting for a PUBLIC response at a press conference. When the truth comes out, the killing stops.
Why didn’t you charge me with filing a false police report when I came forward stating that Evans kicked Mr. Christopher Gettler? You file criminal charges against every other officer who is accused and terminated for filing a false police report. You didn’t because you knew I was innocent and a criminal court would find me innocent and expose your department for suppressing the truth and retaliation, that’s why.
The attacks will stop when the department states the truth about my innocence, PUBLICLY!!! I will not accept any type of currency/goods in exchange for the attacks to stop, nor do i want it. I want my name back, period. There is no negotiation. I am not the state department who states they do not negotiate with terrorist, because anybody with a Secret or TS/SCI has seen IIR’s on SIPR and knows that the US state department always negotiates by using CF countries or independent sovereign/neutral country to mediate and compromising.
This department has not changed from the Daryl Gates and Mark Fuhrman days. Those officers are still employed and have all promoted to Command staff and supervisory positions. I will correct this error. Are you aware that an officer (a rookie/probationer at the time) seen on the Rodney King videotape striking Mr. King multiple times with a baton on 3/3/91 is still employed by the LAPD and is now a Captain on the police department? Captain Rolando Solano is now the commanding officer of a LAPD police station (West LA division). As a commanding officer, he is now responsible for over 200 officers. Do you trust him to enforce department policy and investigate use of force investigations on arrestees by his officers? Are you aware Evans has since promoted to Sergeant after kicking Mr. Gettler in the face. Oh, you Violated a citizens civil rights? We will promote you. Same as LAPD did with the the officers from Metro involved in the May Day melee at MacArthur Park. They promoted them to Sergeant (a supervisor role).
No one is saying you can’t be prejudiced or a bigot. We are all human and hold prejudices. If you state that you don’t have prejudices, your lying! But, when you act on it and victimize innocent citizens and fellow innocen officers, than that is a concern.
For you officers who do the job in the name of JUSTICE, those of you who lost honest officers to this event, look at the name of those on the BOR and the investigating officers from PSB and Evans and ask them, how come you couldn’t tell the truth? Why did you terminate an honest officer and cover for a dishonest officer who victimized a mentally ill citizen.
Sometimes humans feel a need to prove they are the dominant race of a species and they inadvertently take kindness for weakness from another individual. You chose wrong.
Terminating officers because they expose a culture of lying, racism (from the academy), and excessive use of force will immediately change. PSB can not police their own and that has been proven. The blue line will forever be severed and a cultural change will be implanted. You have awoken a sleeping giant.
I am here to change and make policy. The culture of LAPD versus the community and honest/good officers needs to and will change. I am here to correct and calibrate your morale compasses to true north.
Those Caucasian officers who join South Bureau divisions (77th,SW,SE, an Harbor) with the sole intent to victimize minorities who are uneducated, and unaware of criminal law, civil law, and civil rights. You prefer the South bureau because a use of force/deadly force is likely and the individual you use UOF on will likely not report it. You are a high value target.
Those Black officers in supervisory ranks and pay grades who stay in south bureau (even though you live in the valley or OC) for the sole intent of getting retribution toward subordinate caucasians officers for the pain and hostile work environment their elders inflicted on you as probationers (P-1′s) and novice P-2′s. You are a high value target. You perpetuated the cycle of racism in the department as well. You breed a new generation of bigoted caucasian officer when you belittle them and treat them unfairly.
Those Hispanic officers who victimize their own ethnicity because they are new immigrants to this country and are unaware of their civil rights. You call them wetbacks to their face and demean them in front of fellow officers of different ethnicities so that you will receive some sort of acceptance from your colleagues. I’m not impressed. Most likely, your parents or grandparents were immigrants at one time, but you have forgotten that. You are a high value target.
Those lesbian officers in supervising positions who go to work, day in day out, with the sole intent of attempting to prove your misandrist authority (not feminism) to degrade male officers. You are a high value target.
Those Asian officers who stand by and observe everything I previously mentioned other officers participate in on a daily basis but you say nothing, stand for nothing and protect nothing. Why? Because of your usual saying, ” I……don’t like conflict”. You are a high value target as well.
Those of you who “go along to get along” have no backbone and destroy the foundation of courage. You are the enablers of those who are guilty of misconduct. You are just as guilty as those who break the code of ethics and oath you swore.
Citizens/non-combatants, do not render medical aid to downed officers/enemy combatants. They would not do the same for you. They will let you bleed out just so they can brag to other officers that they had a 187 caper the other day and can’t wait to accrue the overtime in future court subpoenas. As they always say, “that’s the paramedics job…not mine”. Let the balance of loss of life take place. Sometimes a reset needs to occur.
It is endless the amount of times per week officers arrest an individual, label him a suspect-arrestee-defendant and then before arraignment or trial realize that he is innocent based on evidence. You know what they say when they realize an innocent man just had his life turned upside down?. “I guess he should have stayed at home that day he was discovered walking down the street and matching the suspects description. Oh well, he appeared to be a dirtbag anyways”. Meanwhile the falsely accused is left to pick up his life, get a new, family, friends, and sense of self worth.
Don’t honor these fallen officers/dirtbags. When your family members die, they just see you as extra overtime at a crime scene and at a perimeter. Why would you value their lives when they clearly don’t value yours or your family members lives? I’ve heard many officers who state they see dead victims as ATV’s, Waverunners, RV’s and new clothes for their kids. Why would you shed a tear for them when they in return crack a smile for your loss because of the impending extra money they will receive in their next paycheck for sitting at your loved ones crime scene of 6 hours because of the overtime they will accrue. They take photos of your loved ones recently deceased bodies with their cellphones and play a game of who has the most graphic dead body of the night with officers from other divisions. This isn’t just the 20 something year old officers, this is the 50 year old officers with significant time on the job as well who participate.
You allow an officer, Thaniya Sungruenyos, to attempt to hack into my credit union account and still remain on the job even when Det. Zolezzi shows the evidence that the IP address (provided by LAPFCU) that attempted to hack into my account and change my username and password leads directly to her residence. You even allow this visibly disgusting looking officer to stay on the job when she perjures (lies) in court (Clark County Family Court) to the judge’s face and denies hacking into my personal credit union online account when I attempted to get my restraint order extended. Det. Zolezzi provided the evidence and you still do nothing.
How do you know when a police officer is lying??? When he begins his sentence with, “based on my experience and training”.
No one grows up and wants to be a cop killer. It was against everything I’ve ever was. As a young police explorer I found my calling in life. But, As a young police officer I found that the violent suspects on the street are not the only people you have to watch. It is the officer who was hired on to the department (pre-2000) before polygraphs were standard for all new hires and an substantial vetting in a backround investigation.
To those children of the officers who are eradicated, your parent was not the individual you thought they were. As you get older,you will see the evidence that your parent was a tyrant who loss their ethos and instead followed the path of moral corruptness. They conspired to hide and suppress the truth of misconduct on others behalf’s. Your parent will have a name and plaque on the fallen officers memorial in D.C. But, In all honesty, your parents name will be a reminder to other officers to maintain the oath they swore and to stay along the shoreline that has guided them from childhood to that of a local, state, or federal law enforcement officer.
Bratton, Beck, Hayes, Tingirides, Eisenberg, Martella, Quan, Evans, Hernandez, Villanueva/Gallegos, and Anderson. Your lack of ethics and conspiring to wrong a just individual are over.
Suppressing the truth will leave to deadly consequences for you and your family. There will be an element of surprise where you work, live, eat, and sleep. I will utilize ISR at your home, workplace, and all locations in between. I will utilize OSINT to discover your residences, spouses workplaces, and children’s schools. IMINT to coordinate and plan attacks on your fixed locations. Its amazing whats on NIPR. HUMINT will be utilized to collect personal schedules of targets. I never had the opportunity to have a family of my own, I’m terminating yours. Quan, Anderson, Evans, and BOR members Look your wives/husbands and surviving children directly in the face and tell them the truth as to why your children are dead.
Never allow a LAPPL union attorney to be a retired LAPD Captain,(Quan). He doesn’t work for you, your interest, or your name. He works for the department, period. His job is to protect the department from civil lawsuits being filed and their best interest which is the almighty dollar. His loyalty is to the department, not his client. Even when he knowingly knows your innocent and the BOR also knows your innocent after Christopher Gettler stated on videotape that he was kicked and Evans attorney confessed to the BOR off the record that she kicked Gettler.
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants-TJ. This quote is not directed toward the US government which I fully support 100%. This is toward the LAPD who can not monitor itself. The consent decree should not have been lifted, ever.
I know your TTP’s, (techniques, tactics, and procedures). Any threat assessments you you generate will be useless. This is simple, I know your TTP’s and PPR’s. I will mitigate any of your attempts at preservation. ORM is my friend. I will mitigate all risks, threats and hazards. I assure you that Incident Command Posts will be target rich environments. KMA-367 license plate frames are great target indicators and make target selection even easier.
I will conduct DA operations to destroy, exploit and seize designated targets. If unsuccessful or unable to meet objectives in these initial small scale offensive actions, I will reassess my BDA and re-attack until objectives are met. I have nothing to lose. My personal casualty means nothing. Just alike AAF’s, ACM’s, and AIF’s, you can not prevail against an enemy combatant who has no fear of death. An enemy who embraces death is a lose, lose situation for their enemy combatants.
Hopefully you analyst have done your homework. You are aware that I have always been the top shot, highest score, an expert in rifle qualifications in every unit I’ve been in. I will utilize every bit of small arms training, demolition, ordnance, and survival training I’ve been given.
Do you know why we are unsuccessful in asymmetrical and guerrilla warfare in CENTCOM theatre of operations? I’ll tell you. It’s not the inefficiency of our combatant commanders, planning, readiness or training of troops. Much like the Vietnam war, ACM, AAF, foreign fighters, Jihadist, and JAM have nothing to lose. They embrace death as it is a way of life. I simply don’t fear it. I am the walking exigent circumstance you created.
The Violence of action will be HIGH. I am the reason TAC alert was established. I will bring unconventional and asymmetrical warfare to those in LAPD uniform whether on or off duty. ISR is my strength and your weakness. You will now live the life of the prey. Your RD’s and homes away from work will be my AO and battle space. I will utilize every tool within INT collections that I learned from NMITC in Dam Neck. You have misjudged a sleeping giant. There is no conventional threat assessment for me. JAM, New Ba’ath party, 1920 rev BGE, ACM, AAF, AQAP, AQIM and AQIZ have nothing on me. Do not deploy airships or gunships. SA-7 Manpads will be waiting. As you know I also own Barrett .50′s so your APC are defunct and futile.
You better have all your officers radio/phone muster (code 1) on or off duty every hour, on the hour.
Do not attempt to shadow or conduct any type of ISR on me. I have the inventory listing of all UC vehicles at Piper Tech and the home addresses of any INT analyst at JRIC and detachment locations. My POA is always POI and always true. This will be a war of attrition and a Pyrrhic and Camdean Victory for myself. You may have the resources and manpower but you are reactive and predictable in your op plans and TTP’s. I have the strength and benefits of being unpredictable, unconventional, and unforgiving. Do not waste your time with briefs and tabletops.
Whatever pre-planned responses you have established for a scenario like me, shelve it. Whatever contingency plan you have, shelve it. Whatever tertiary plan you’ve created, shelve it. I am a walking exigent circumstance with no OFF or reset button. JRIC, DOJ, LASD, FBI and other local LE can’t assist and should not involve themselves in a matter that does not concern them. For all other agencies, do not involve yourself in this capture or recovery of me. Look at the big picture of the situation. They (LAPD) created the situation. I will harm no outside agency unless it is a deadly force/IDOL situation. With today’s budgeting and fiscal mess, you guys can not afford lose several officers to IOD or KIA/EOW. Plus, other officers should not have to take on the additional duties and responsibilities of dead officers. Think about their families, outside agencies, Chiefs/Directors.
Outside agencies and individual officers on patrol. If you recognize my vehicle, and confirm it is my vehicle thru a dmv/want warrant check. It behoves you to respond to dispatch that your query was for information purposes only. If you proceed with a traffic stop or attempt to notify other officers of my location or for backup you will not live to see the medal of valor you were hoping to receive for your actions. Think before you attempt to intervene. You will not survive. Your family will receive that medal of valor posthumously. It will gather dust on the fireplace mantel for years. Then one day, it will go in a shoe box with other memories. Your mother will lose a son or daughter. Your significant other will be left alone, but they will find someone else to fill your void in the future and make them just as happy. Your children, if you have them, will call someone else mommy or daddy. Don’t be selfish. Your vest is only a level II or IIIA, think about it.
No amount of IMINT, MASINT, and ELINT assist you in capturing me. I am off the grid. You better use your feet, tongue and every available DOD/ NON-DOD HUMINT agency, contractor to find me. I know your route to and from home, and your division. I know your significant others routine, your children’s best friends and recess. I know Your Sancha’s gym hours and routine. I assure you that the casualty rate will be high. Because of that, no one will remember your name. You will merely be a DR# and “that guy” who was KIA/EOW or long term IOD/light duty in the kit room. This is exactly why “station 500″ was created. Unfortunately, orphanages will be making a comeback in the 21st century.
If you had a well regulated AWB, this would not happen. The time is now to reinstitute a ban that will save lives. Why does any sportsman need a 30 round magazine for hunting? Why does anyone need a suppressor? Why does anyone need a AR15 rifle? This is the same small arms weapons system utilized in eradicating Al Qaeda, Taliban, and every enemy combatant since the Vietnam war. Don’t give me that crap that its not a select fire or full auto rifle like the DoD uses. That’s bullshit because troops who carry the M-4/M-16 weapon system for combat ops outside the wire rarely utilize the select fire function when in contact with enemy combatants. The use of select fire probably isn’t even 1% in combat. So in essence, the AR-15 semiautomatic rifle is the same as the M-4/M-16. These do not need to be purchased as easily as walking to your local Walmart or striking the enter key on your keyboard to “add to cart”. All the firearms utilized in my activities are registered to me and were legally purchased at gun stores and private party transfers. All concealable weapons (pistols) were also legally register in my name at police stations or FFL’s. Unfortunately, are you aware that I obtained class III weapons (suppressors) without a background check thru NICS or DROS completely LEGALLY several times? I was able to use a trust account that I created on quicken will maker and a $10 notary charge at a mailbox etc. to obtain them legally. Granted, I am not a felon, nor have a DV misdemeanor conviction or active TRO against me on a NCIC file. I can buy any firearm I want, but should I be able to purchase these class III weapons (SBR’s, and suppressors) without a background check and just a $10 notary signature on a quicken will maker program? The answer is NO. I’m not even a resident of the state i purchased them in. Lock n Load just wanted money so they allow you to purchase class III weapons with just a notarized trust, military ID. Shame on you, Lock n Load. NFA and ATF need new laws and policies that do not allow loopholes such as this. In the end, I hope that you will realize that the small arms I utilize should not be accessed with the ease that I obtained them. Who in there right mind needs a fucking silencer!!! who needs a freaking SBR AR15? No one. No more Virginia Tech, Columbine HS, Wisconsin temple, Aurora theatre, Portland malls, Tucson rally, Newtown Sandy Hook. Whether by executive order or thru a bi-partisan congress an assault weapons ban needs to be re-instituted. Period!!!
Mia Farrow said it best. “Gun control is no longer debatable, it’s not a conversation, its a moral mandate.”
Sen. Feinstein, you are doing the right thing in leading the re-institution of a national AWB. Never again should any public official state that their prayers and thoughts are with the family. That has become cliche’ and meaningless. Its time for action. Let this be your legacy that you bestow to America. Do not be swayed by obstacles, antagaonist, and naysayers. Remember the innocent children at Austin, Kent, Stockton, Fullerton, San Diego, Iowa City, Jonesboro, Columbine, Nickel Mines, Blacksburg, Springfield, Red Lake, Chardon, Aurora, and Newtown. Make sure this never happens again!!!
In my cache you will find several small arms. In the cache, Bushmaster firearms, Remington precision rifles, and AAC Suppressors (silencers). All of these small arms are manufactured by Cerberus/Freedom Group. The same company responsible for the Portland mall shooting, Webster , NY, and Sandy Hook massacre.
You disrespect the office of the POTUS/Presidency and Commander in Chief. You call him Kenyan, mongroid, halfrican, muslim, and FBHO when in essence you are to address him as simply, President. The same as you did to President George W. Bush and all those in the highest ranking position of our land before him. Just as I always have. You question his birth certificate, his educational and professional accomplishments, and his judeo-christian beliefs. You make disparaging remarks about his dead parents. You never questioned the fact that his former opponent, the honorable Senator John McCain, was not born in the CONUS or that Bush had a C average in his undergrad. Electoral Candidates children (Romney) state they want to punch the president in the face during debates with no formal repercussions. No one even questioned the fact that the son just made a criminal threat toward the President. You call his wife a Wookie. Off the record, I love your new bangs, Mrs. Obama. A woman whose professional and educational accomplishments are second to none when compared to recent First wives. You call his supporters, whether black, brown, yellow, or white, leeches, FSA, welfare recipients, and ni$&er lovers. You say this openly without any discretion. Before you start with your argument that you believe I would vote for Obama because he has the same skin color as me, fuck you. I didn’t vote in this last election as my choice of candidate, John Huntsman, didn’t win the primary candidacy for his party. Mr. President, I haven’t agreed with all of your decisions but of course I haven’t agreed with all of your predecessors decisions. I think you’ve done a hell of a job with what you have been dealt and how you have managed it. I shed a tear the night you were initially elected President in 2008. I never thought that day would occur. A black man elected president in the U.S. in my lifetime. I cracked a smiled when you were re-elected in 2012 because I really didn’t think you were going to pull that one off. Romney, stop being a sore loser. You could’ve exited graciously and still contributed significantly to public service, not now. Mr. President, get back to work. Many want to see you fail as they have stated so many times previously. Unfortunately, if you fail, the U.S. fails but your opponents do not concern themselves about the big picture. Do not forget your commitment to transparency in your administration. Sometimes I believe your administration forgets that. America, you will realize today and tomorrow that this world is made up of all human beings who have the same general needs and wants in life for themselves, their kin, community, and state. That is the freedom to LIVE and LOVE. They may eat different foods, enjoy different music, have different dialects, or speak a second language, but in essence are no different from you and I. This is America. We are not a perfect sovereign country as we have our own flaws but we are the closest that will ever exist.
Unfortunately, this is not the first time an authoritative figure has lied on me.
Mr. Freid, assistant principal, Cypress HS. Remember when you lied to my mother and the police officer in your office about stating that you never stated to me in a private conversation that you know the theft suspect (Miranda) stole my watch. Let me refresh your memory. A physical education teachers assistant, a student, stole the list of combination codes to peoples lockers, from the P.E. teacher. That student then opened many of those lockers and stole students personal property. My watch was taken in that multi theft an I reported it to you. A week later you discovered that the theft suspect was Paul Miranda, a student. You stated to me in private that you know for a fact he stole my property. When I attempted to retrieve my property from the suspect. Campus security was called and you lied and stated that you never stated to me that you “know he stole my watch”. You sat there and lied to their faces right in front of me. You said it with such a deliberate, stern face. I never forgot that and was not surprised when 13 years later I was lied on again in the BOR by Teresa Evans. maybe you can confess to your family at the very least in the private of your own home. After that, contact my mother and apologize for lying to her in 1996.
If possible, I want my brain preserved for science/research to study the effects of severe depression on an individual’s brain. Since 6/26/08 when I was relieved of duty and 1/2/09 when I was terminated I have been afflicted with severe depression. I’ve had two CT scans during my lifetime that are in my medical record at Kaiser Permanente. Both are from concussions resulting from playing football. The first one was in high school, 10/96. The second was in college and occurred in 10/99. Both were conducted at Kaiser Permanente hospitals in LA/Orange county. These two CT scans should give a good baseline for my brain activity before severe depression began in late 2008.
Sure, many of you “law enforcement experts and specialist” will state, “in all my years this is the worst……..”, Stop!!! That’s not important. Ask yourselves what would cause somebody to take these drastic measures like I did. That’s what is important.
To my friends listed below, I wish we could have grown old together and spent more time together. When you reminisce of our friendship and experiences, think of that and that only. Do not dwell on my recent actions the last few days. This was a necessary evil that had to be executed in order for me to obtain my NAME back. The only thing that changes policy and garners attention is death.
Luis Sanchez, greatest friend, Marine officer, aviator, and an even better father and husband. I Couldn’t have had a better big brother than you. Your spoken wisdom was always retained by me, you old salty Mustang. You sternly told me that no matter what I accomplish I will always be a ni#%er in many individuals eyes. At the time, I did not comprehend your words. I do now. I never forgot the quote you state below. I love you bro.
I never saw a wild thing feel sorry for itself. A small bird will drop frozen dead from a bough without ever feeling sorry for itself. –D.H. Lawrence
Jason Valadao, greatest friend, Naval officer, aviator, Great Father, husband, doctor, and even better human being. I always strived to live my life parallel to your similar values and personal disciplines. Danika is lucky to have found a man like yourself, and you are fortunate to have married an irrefutable imperfect woman. Always focus on your IMMEDIATE family as they are the ones who have loved you unconditionally and always been their to support you in difficult times. I always lived my life as WWJD (what would Jason do). Danika, take care of this guy. Jason, I’m sorry I missed your wedding and you had to find another best man. I’m sorry my predicament with the department stopped me from watching you and Danika get married and arguing with you about issues that were insignificant when I was really angry at the LAPD for what they did to me. I’m deeply sorry and I love you guys.
James Usera, great friend, attorney, father, husband, and the most cynical/blatant/politically incorrect friend a man can have. Best quality about you in college and now is that you never sugar coated the truth. I will miss our political discussions that always turned argumentative. Thanks for introducing me to outdoor sports like fishing, hunting, mudding, and also respect for the land and resources. Us city boys don’t get out much like you Alaskans. You even introduced me to PBR. A beer, that when you’re a poor college student is completely acceptable to get buzzed off of. I’m sorry I’ll never get to go on that moose and bear hunt with you. I love you bro.
Kinta Smith, greatest friend, accountant, entrepreneur, and even better Human being. You are probably the most well balanced person I’ve ever met and the most driven for success. In college, and after graduation, I was inspired by your personal drive. Never settle. When you make your first million, promise me you won’t forget to enjoy it a bit. I know your first reaction will be to invest it somewhere else. Spend a little, just a little. I love you bro.
Jason Young, great friend, entrepeneur, husband and father. You showed me the importance of fatherhood and friendship. Love you bro.
Suzie Clark Cunningham, Kassandra Harrell, Melinda Yates, Cal Jackson, Ryan Smith, The Rebelledos, The Banks, Ben Bines, J. Work, Bill O’neill, Jeremy Fletcher, and Rob Harriston.
You guys were all important and very special to me. Don’t be angry with me. I missed some of your weddings and unfortunately, some of your funerals. This was a necessary evil.
Some say it is my fault that I was terminated. Yes, DDX, I remember you stating this to me in an angry fit. You said that I should have kept my mouth shut about another officer’s misconduct. Maybe you were right. But I’m not built like others, it’s not in my DNA and my history has always shown that. When you view the video of the suspect stating he was kicked by Evans, maybe you will see that I was a decent person after all. I told the truth. It still hurt that you abandoned me in my time of need. I hope you’re happy, that’s all I ever wanted for you.
Sgt. Leonard Perez, you meant well but you should have known with your time on the job that the department would attempt to protect someone like Evans because of her time on the job, personal friendships, and ethicity. I’m not angry with you, but you should have known as an IA investigator.
Sgt Maggie Faust LPPD, Ofcr John Thomas LPPD (ret), and Chief Eric Nunez LPPD, your guidance and mentoring as a young police explorer was second to none and invaluable as a young man, police officer, and naval officer. Sgt Faust, you forewarned me long ago about joining LAPD as they were “different” and operated differently from other modern law enforcement agencies. I now know it was your humbleness and respect for all who wear the badge and protect their communities that you didn’t just express what you wanted to say, that they lack values and basic ethics as law enforcement officers. Chief Nunez, your fucking awesome. Thanks for the long talks over the years when I was an explorer, college student, Naval officer, and Police officer. Your are a great leader and carry your heart on your sleeve. Your son will be a great Air Force officer with the upringing you provided. John, what can I say? Your just an awesome person and my first exposure to what law enforcement was really about was on our ride alongs. Your realistic approach and empathetic approach to treating all people as humans first is something I carried with me daily. Thank you, every one of you.
Dr. Funahashi, thank you for the superb surgery you performed on my knee on 7/98 in Irvine, CA. I never had the opportunity to thank you for allowing me to live a life free of knee joint pain. Thank you.
CM1 Bissett (Ret.), I learned more from you about leadership than most of my own commanders. You lived by a strict ethos of get it done, and get it done right. I wanted to attend your retirement, I really did. But because of my predicament I was unable to. Hope you and Ritchie are still together. I’ve always held you in high regard.
Sgt Maj. Kenneth “Rock” Rocquemore USMC, Thank you for the intense instruction and mentorship and time spent forging me into a never quit officer. You were challenging as a DI. You made sure the vicious and intense personality I possess was discovered. On a lighter note….Don’t feel humbled you never broke me. I made it a personal goal to never give up years before. The Corp is lucky to have you at the front. Your leadership is essential and needed for all marines, especially staff NCO’s and mentorship and advisement to company grade officers. You are the epitome of a US marine and never forget that.
I thank my friends for the awesome shared experiences. I thank the unnamed women I dated over my lifetime for the great and sometimes not so great sex.
It’s kind of sad I won’t be around to view and enjoy The Hangover III. What an awesome trilogy. Todd Phillips, don’t make anymore Hangovers after the third, takes away the originality of its foundation. World War Z looks good and The Walking Dead season 3 (second half) looked intriguing. Damn, gonna miss shark week.
Mr. Vice President, do your due diligence when formulating a concise and permanent national AWB plan. Future generations of Americans depend on your plan and advisement to the president. I’ve always been a fan of yours and consider you one of the few genuine and charismatic politicians. Damn, sounds like an oxymoron calling you an honest politician. It’s the truth.
Hillary Clinton. You’ll make one hell of a president in 2016. Much like your husband, Bill, you will be one of the greatest. Look at Castro in San Antonio as a running mate or possible secretary of state. He’s (good people) and I have faith and confidence in him. Look after Bill. He was always my favorite President. Chelsea grew up to be one hell of an attractive woman. No disrespect to her husband.
Gov. Chris Christie. What can I say? You’re the only person I would like to see in the White House in 2016 other than Hillary. You’re America’s no shit taking uncle. Do one thing for your wife, kids, and supporters. Start walking at night and eat a little less, not a lot less, just a little. We want to see you around for a long time. Your leadership is greatly needed.
Wayne LaPierre, President of the NRA, you’re a vile and inhumane piece of shit. You never even showed 30 seconds of empathy for the children, teachers, and families of Sandy Hook. You deflected any type of blame/responsibility and directed it toward the influence of movies and the media. You are a failure of a human being. May all of your immediate and distant family die horrific deaths in front of you.
Chris Matthews, Joe Scarborough, Pat Harvey, Brian Williams, Soledad Obrien, Wolf Blitzer, Meredith Viera, Tavis Smiley, and Anderson Cooper, keep up the great work and follow Cronkite’s lead. I hold many of you in the same regard as Tom Brokaw and the late Peter Jennings. Cooper, stop nagging and berating your guest, they’re your (guest). Mr. Scarborough, we met at McGuire’s pub in P-cola in 2002 when I was stationed there. It was an honor conversing with you about politics, family, and life.
Willie Geist, you’re a talented and charismatic journalist. Stop with all the talk show shenanigans and get back to your core of reporting. Your future is brighter than most.
Revoke the citizenship of Fareed Zakaria and deport him. I’ve never heard a positive word about America or its interest from his mouth, ever. On the same day, give Piers Morgan an indefinite resident alien and Visa card. Mr. Morgan, the problem that many American gun owners have with you and your continuous discussion of gun control is that you are not an American citizen and have an accent that is distinct and clarifies that you are a foreigner. I want you to know that I agree with you 100% on enacting stricter firearm laws but you must understand that your critics will always have in the back of their mind that you are native to a country that we won our sovereignty from while using firearms as a last resort in defense and you come from a country that has no legal private ownership of firearms. That is disheartening to American gun owners and rightfully so.
The honorable President George H.W. Bush, they never give you enough credit for your successful Presidency. You were always one of my favorite Presidents (2nd favorite). I hope your health improves greatly. You are the epitome of an American and service to country.
General Petraeus, you made a mistake that the majority of men make once, twice, or unfortunately many times in a lifetime. You are human. You thought with your penis. It’s okay.I personally believe you should have never resigned and told your critics to shove it. You only answer to two people regarding the affair, your wife and children, period. I hope you return to government service to your country as it is visibly in your DNA.
General Colin Powell, your book “My American Journey” solidified my decision to join the military after college. I had always intended to serve, but your book and journey motivated me. You are an inspiration to all Americans and influenced me greatly.
To all SEA’s (senior enlisted advisers), you are just as important if not a greater viability to large and small commands. It’s time you take a more active role in leading your enlisted and advising officers. These are not your twilight years or time to relax. You can either strengthen the tip of the spear, or make it brittle. You decide.
Pat Harvey, I’ve always thought you carried yourself professionally and personally the way a strong black woman should. Your articulation and speech is second to none. You are the epitome of a journalist/anchor. You are America.
Ellen Degeneres, continue your excellent contribution to entertaining America and bringing the human factor to entertainment. You changed the perception of your gay community and how we as Americans view the LGBT community. I congratulate you on your success and opening my eyes as a young adult, and my generation to the fact that you are know different from us other than who you choose to love. Oh, and you Prop 8 supporters, why the fuck do you care who your neighbor marries. Hypocritical pieces of shit.
Westboro Baptist Church, may you all burn slowly in a fire, not from smoke inhalation, but from the flames and only the flames.
Tebow, I really wanted to see you take charge of an offense again and the game. You are not a good QB by todays standards, but you are a great football player who knows how to lead a team and WIN. You will be “Tebowing” when you reach your next team. I have faith in you. Get out of that circus they call the Jets and away from the reality TV star, Rex Ryan, and Mark Rapist Sanchez.
Christopher Walz, you impressed me in Inglorious Basterds. After viewing Django Unchained, I was sold. I have come to the conclusion that you are well on your way to becoming one of the greats if not already and show glimpses of Daniel Day Lewis and Morgan Freeman-esque type qualities of greatness. Trust me when I say that you will be one of the greatest ever.
Jennifer Beals, Serena Williams, Grae Drake, Lisa Nicole-Carson, Diana Taurasi, N’bushe Wright, Brenda Villa, Kate Winslet, Ashley Graham, Erika Christensen, Gabrielle Union, Isabella Soprano, Zain Verjee, Tamron Hall, Gina Carano, America Ferrara, Giana Michaels, Nene, Natalie Portman, Queen Latifah, Michelle Rodriguez, Anjelah Johnson, Kelly Clarkson, Nora Jones, Laura Prepon, Margaret Cho, and Rutina Wesley, you are THE MOST beautiful women on this planet, period. Never settle, professionally or personally.
Dave Brubeck’s “Take Five” is the greatest piece of music ever, period. Hanz Zimmer, William Bell, Eric Clapton, BB King, Bob Marley, Sam Cooke, Metallica, Rob Zombie, Nora Jones, Marvin Gaye, Jay-Z, and the King (Louis Armstrong) are musical prodigies.
Jeffrey Toobin and David Gergen, you are political geniuses and modern scholars. Hopefully Toobin is nominated for the Supreme Court and implements some damn common sense and reasoning instead of partisan bickering. But in true Toobin fashion, we all know he would not accept the nomination.
John and Ken from KFI, never mute your facts and personal opinions. You are one of the few media personalities who speak the truth, even when the truth is not popular. I will miss listening to your discussions.
Bill Handel, your effin awesome. For years I enjoyed your show.
Anthony Bourdain, you’re a modern renaissance man who epitomizes the saying “too cool for school”.
Larry David, Kevin Hart, the late Patrice Oneal, Lisa Lampanelli, Chris Rock, Jerry Seinfeld, Louis CK, Dave Chapelle, Jon Stewart, Wanda Sykes, Dennis Miller, and Jeff Ross are pure geniuses. I’m a big fan of all of your work. As a child my mom caught me watching Def Jam comedy at midnight when I should have been asleep. Instead of scolding me, the next night she let me stay up late and watch George Carlin, Eddie Murphy and Richard Pryor comedy specials with her for hours. My sides were sore for days.
Larry David, I agree. 72-82 degrees is way to hot in a residence. 68 , degrees is perfect.
Cyclist, I have no problem sharing the road with you. But, at least go the fucking speed limit posted or get off the road!!! That is a feasible request. Livestrong you fraudulent assholes.
Cardinal Mahoney, you are in essence a predator yourself as you enabled your subordinates to molest multiple children in the church over many decades. May you die a long and slow painful death.
If you continuously followed me while I was walking at dusk/night I would confront you as well. Too bad Trayvon didn’t smash your skull completely open, Zim. While Trayvon’s body erodes to bones 6 feet under, Zimmerman has put on no less than 40 pounds while out on bail. Zimmerman was arrested for battery on a Peace officer and avoided jail/prison because he completed a diversion program. Thats a history of being an asshole. Zimmerman couldn’t get hired by a LE agency because of poor credit/and a history of violence/restraining orders with women. So what does he do? Designate himself, neighborhood watch captain and make complaints to his city council about the horrible work ethic and laziness of the officers patrolling his neighborhood. Good one Zim. How classy that your father attempts to use his veterans status “disabled veteran” during your bail hearing but doesn’t state what his disability percentage is. Prior service personnel know it can be 5% disability to 100%. You and your attorneys always avoid mentioning your fathers occupation as a magistrate/judge because I’m sure he’s utilized his position to get you out of way more jams then the public has discovered and that your family is not indigent. Oh, tell your wife to stop perjuring herself in court.
Anonymous, you are hated, vilified, and considered an enemy to the state. I personally view you as a culture and a necessity that brings truth to a cloaked world. Forge ahead!
Charlie Sheen, you’re effin awesome.
My opinion on women in combat MOS’, Designators, Rates, and AFSC’s. I wish all of you who attempt to pursue combat occupational roles the greatest success in completing, graduating, and qualifying in their respective schools/courses. Many want to see you fail. Remember, everyone of you is a pioneer. There was a time when they didn’t allow blacks to fight the good fight. This is your civil rights. Don’t quit!!!
It’s time to allow gay service member’s spouses to utilize the same benefits that all heterosexual dependents are eligible for. Medical, Dental, Tricare, Deers, SGLI, BX, Commissary, Milstar, MWR, etc. Flag officers, lets be honest. You can’t really give a valid argument to as why gays shouldn’t be eligible as every month a new state enacts laws that allow same sex marriage.
LGBT community and supporters, the same way you have the right to voice your opinion on acceptance of gay marriage, Chick Fil-A has a right to voice their beliefs as well. That’s what makes America so great. Freedom of expression. Don’t be assholes and boycott/degrade their business and customers who patronize the locations. They make some damn good chicken! Vandalizing (graffiti) their locations does not help any cause.
Mr. Bill Cosby, you are a reasonable and talented man who has spoken the truth of the cultural anomalies within the black communities that need to change now. The black communities’ resentment toward you is because they don’t like hearing the truth or having their clear and evident dirty laundry aired to the nation. The problem is, the country is not blind nor dumb. They believe we are animals. Do not mute your unvarnished truthful speech or moral compass. Blacks must strive for more in life than bling, hoes, and cars. The current culture is an epidemic that leaves them with no discernible future. They’re suffocating and don’t even know it. MLK Jr. Would be mortified at what he worked so hard for in our acceptance as equal beings and how unfortunately we stopped progressing and began digressing. Chicago’s youth violence is a prime example of how our black communities values have declined. We can not address this nation’s intolerant issues until we address our own communities morality issues first. Accountability. We need to hold ou”
Despite LAPD asking news agencies to censor Dorner’s manifesto, FOXLA has the uncensored version here.
DORNER v. LOS ANGELES POLICE DEPARTMENT
CHRISTOPHER DORNER, Plaintiff and Appellant,v.LOS ANGELES POLICE DEPARTMENT et al., Defendants and Respondents.
Court of Appeals of California, Second District, Division Four.
Filed October 3, 2011.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
WILLHITE, Acting P. J.
Appellant Christopher Dorner, an officer with the Los Angeles Police Department (LAPD), made a complaint against his field training officer, Sergeant Teresa Evans, accusing her of kicking a suspect, Christopher Gettler (Gettler). The Los Angeles Police Department Board of Rights (Board) found that appellant’s complaint was false and therefore terminated his employment for making false statements. Appellant filed a petition for a writ of administrative mandamus in the superior court pursuant to Code of Civil Procedure section 1094.5, seeking to overturn the decision of the Board. The superior court denied his petition, and he now appeals. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Appellant was charged in a formal written complaint with three counts: count 1, on August 10, 2007, making false statements to Sergeant D. Deming, who was conducting an official investigation; count 2, on October 9, 2007, making false statements to Detectives S. Gallegos and T. Lai, who were conducting an official investigation; count 3, on August 10, 2007, making a personnel complaint that he knew or should have known was false. The Board held a series of hearings at which the following witnesses testified: appellant, Captain Donald Deming, Sergeant Evans, Sergeant Leonard Perez, Sergeant Eddie Hernandez of the Los Angeles Port Police, Sergeant Phil Jackson, Sergeant Julie McInnis, Detective Shelly Villanueva (formerly Gallegos), Christopher Adrid, Ashlye Perez, Christopher Gettler, and Richard Gettler.
Testimony of Captain Deming1
In August 2007, Captain Deming was a sergeant assigned as an assistant watch commander at the Harbor Division of the LAPD. On August 10, 2007, appellant spoke with Captain Deming about an incident on July 28, 2007, involving the use of force during Gettler’s arrest at a DoubleTree Hotel in San Pedro.
Appellant told Captain Deming he had something bad to report, and he “expressed remorse that he failed to report what he believed to be misconduct (unnecessary kicks applied to an arrestee) that he witnessed approximately two weeks prior.” Appellant said that he had handcuffed the suspect and was struggling with him when Sergeant Evans (Officer Evans, at the time) kicked the suspect twice in the left shoulder area and once in the face. Appellant had not told Sergeant Jackson about the kicks when Sergeant Jackson conducted a use of force investigation, and Sergeant Evans later discouraged appellant from disclosing she had kicked the suspect. Appellant was unsure what to write about the incident on the arrest report, so Sergeant Evans completed the report, “omitting any reference to the kicks.” Appellant was visibly upset when he spoke with Captain Deming, and Captain Deming believed this was caused by fear of repercussions for reporting misconduct by a training officer. Because of his fear of repercussions, appellant told Captain Deming, “Promise me you won’t do anything.” Appellant testified that the reason he asked Captain Deming not to do anything was that he knew Sergeant Evans had a child to support and he did not want her to lose her job.
After Captain Deming retired from the LAPD, appellant called to tell him he was being investigated for false statements. Captain Deming expressed surprise, and appellant told him, “No matter what happens, I just want you to know I never lied to you.” Captain Deming testified that appellant’s performance was satisfactory while he was under his supervision.
Following appellant’s complaint about Sergeant Evans, appellant believed someone urinated on his equipment bag at the police station. Appellant thought this was in retaliation for his complaint against Sergeant Evans and filed a complaint about this incident. However, an analysis of the unknown substance on appellant’s jacket revealed that the substance was not urine.
Testimony of Sergeant Evans
Sergeant Evans was the field training officer assigned to train appellant, who was a probationary employee. She testified that appellant had expressed to her the need for reintegration training because he had been away for a long time during his military deployment.2
Sergeant Evans and appellant responded to a call around 8:46 a.m. on July 28, 2007. When they arrived, they saw the subject sitting on a bench outside the main door of the hotel. Based on the subject’s demeanor and gaze, the officers thought he was either suffering from mental illness or under the influence, so they discussed a plan to isolate him from the numerous pedestrians in the area.
Appellant told the subject to stand up, but he did not comply, so appellant placed his hand on the subject’s arm and helped him stand. When appellant and the subject were walking near a planter box on the sidewalk, the subject suddenly swung at appellant and said, “fuck you.” Sergeant Evans took a taser from appellant’s duty belt and called for backup.
While appellant was trying to gain control of the suspect, Sergeant Evans told the subject to stop or she would use the taser. Appellant and the suspect fell into the bushes in the planter box, and the suspect’s arm was wedged against a wall. After Sergeant Evans shot Gettler twice with the taser, appellant was able to control Gettler’s left wrist and place handcuffs on him. Sergeant Evans went behind the bushes and crouched down to help appellant control Gettler’s right arm. After about 30 seconds of struggling, Gettler let the officers handcuff him and said, “Is that what you wanted? Here you go.” Sergeant Evans denied kicking Gettler in the face or the shoulder area.
Appellant then helped Gettler stand and placed him in a police car. Sergeant Evans noticed that Gettler had a laceration on his cheek, but no other injuries. There were no boot marks on Gettler’s face or shirt and no bruising on his face. When Gettler was taken to the police station, he did not tell the watch commander or a physician, who treated his facial injuries, that he was kicked in the face.
After Gettler was in custody, other officers arrived, including Sergeant Phil Jackson. Sergeant Jackson interviewed Sergeant Evans about the use of force and interviewed other witnesses at the scene.
Sergeant Evans and appellant discussed the incident so appellant could write the arrest report, but she stated that appellant took too long to write the report. Appellant asked Sergeant Evans several questions about how to complete the use of force section, which underwent about three revisions by Sergeant Evans and Sergeant Jackson. Sergeant Evans testified that the revisions were mainly to articulate what specific actions the officers took during the incident because appellant was unfamiliar with the “specific verbiage” used to describe their actions. Appellant reviewed the report before it was turned in to Sergeant Jackson for approval. The use of force report stated that Gettler’s injury was consistent with the use of force involved in arresting him and did not state that Sergeant Evans kicked Gettler.
Sergeant Evans previously had told appellant that he needed to take less time in writing arrest reports. She also had indicated in an evaluation that appellant needed to improve in the areas of officer safety and common sense and good judgment. Appellant received the evaluation on August 9, 2007.
Testimony of Christopher Adrid
Adrid was working as a bellman at the DoubleTree Hotel on the date of the incident. He saw Gettler on a bench in the lobby, talking to himself, so he asked Gettler if he was a hotel guest. When Gettler said he was not staying at the hotel, Adrid asked him to sit on a bench outside the hotel.
When appellant and Sergeant Evans arrived, Adrid saw them ask Gettler to take his hands out of his pockets and approach them. Gettler stood up and walked toward the officers, but when he tried to run away, appellant tackled him. Adrid testified that he saw Gettler and appellant fall into the bushes, which were about four feet high, although in an earlier interview, he had said he did not see appellant tackle Gettler. Adrid testified that Sergeant Evans was telling Gettler to put his hands behind his back or else she would use the taser. Gettler did not comply, so Sergeant Evans shot him with the taser, and then he complied and was handcuffed. Sergeant Evans stepped into the planter and helped appellant and Gettler get up. Adrid did not see Sergeant Evans crouch in the bushes or kick Gettler. He said that Sergeant Evans had one foot in the planter and one on the sidewalk and never had both feet in the planter. Adrid saw the cut on Gettler’s nose but did not see any other injuries.
Testimony of Sergeant Perez
Sergeant Perez met appellant in 2004 or 2005, when they were both in the United States Navy Reserves. While appellant was in the police academy, he told Sergeant Perez that a classmate had used a racial epithet against him (appellant is black) and continued doing so after appellant asked him to stop. Appellant reported the incident to a supervisor.
In August 2007, Sergeant Perez was camping at a lake when he noticed he had received several phone calls from appellant; he tried calling him back, but service was intermittent. Over a series of five or six calls, appellant told Sergeant Perez that he was not getting along with Sergeant Evans and that Sergeant Evans had kicked a suspect who was either handcuffed or had one handcuff on. Appellant asked Sergeant Perez if he needed to report the incident, and Sergeant Perez said appellant needed to tell a supervisor immediately or else Sergeant Perez would do it himself. Sergeant Perez asked appellant about the arrest report, and appellant alluded to Sergeant Evans having changed the report or told appellant to change it. When appellant started telling Sergeant Perez about the incident, Sergeant Perez stopped appellant because Sergeant Perez knew he might become a witness in any investigation. A few days later, appellant told Sergeant Perez he had reported the incident to Captain Deming.
Testimony of Sergeant Hernandez
Sergeant Hernandez was an officer with the Port Police at the time of the incident. He responded to the DoubleTree Hotel when he heard a call that an officer needed help. When Sergeant Hernandez arrived, he saw “two officers crouched over, half in the bush and half not,” struggling with a suspect and trying to handcuff him. As he ran up to them, he saw them get the second handcuff on the suspect and saw appellant pick the suspect up. Sergeant Hernandez testified that appellant was wearing a dress uniform with a tie that was messed up, so he told appellant to fix his tie while he held the suspect for him. It was subsequently established that appellant was not wearing a dress uniform or a tie, based on testimony and a photo.
Sergeant Hernandez thought that Sergeant Evans had one foot in the planter and one on the sidewalk, and he never saw her in or behind the bushes. Sergeant Hernandez did not see Sergeant Evans taser Gettler or kick him.
Testimony of Ashlye Perez
Ashlye Perez was working at the DoubleTree as a bellhop on July 28, 2007. She was in the lobby of the hotel when she saw appellant and Sergeant Evans arrive at the hotel. The hotel doors were open, so she heard the officers ask Gettler to stand and ask if he was a guest at the hotel. After Perez went outside to try to usher hotel guests inside, she heard Gettler start yelling and saw the officers grab him to stop him from running away. She did not remember exactly what happened, but she saw Sergeant Evans use the taser, and she saw Gettler fall headfirst into the bushes. She noticed that some branches were broken when Gettler hit the bushes. Perez did not see Sergeant Evans go into the bushes or kick Gettler. Perez went back into the hotel, so she did not see the officers handcuff Gettler, but she saw Gettler struggling while the officers tried to get him out of the bushes. She noticed that Gettler had a cut on his face, which she thought was from hitting his face on the bushes.
Testimony of Sergeant Jackson
When Sergeant Jackson arrived, he saw appellant, Sergeant Evans, Sergeant Hernandez, a few other officers, and Gettler in custody inside the police car. After learning from Sergeant Evans that use of force was involved, Sergeant Jackson began to interview people regarding the use of force. He interviewed the officers and the other witnesses individually and did not recall any of the witnesses reporting that kicks were used. When he inspected Gettler’s injury, he saw blood on Gettler’s face that he thought was from the bushes, but he did not see any bruising or other indication that Gettler had been kicked. Sergeant Jackson read several revisions of the arrest report prepared by appellant and Sergeant Evans, and he noticed Sergeant Evans becoming frustrated with the amount of time it was taking to prepare the report.
Testimony of Appellant
Appellant testified that he graduated from the police academy in February 2006, but he left for a 13-month military deployment in November 2006. When he returned to the LAPD in July 2007, he was still on probation and was assigned to the San Pedro area with Sergeant Evans.
On July 28, 2007, appellant and Sergeant Evans received a call about a man refusing to leave the DoubleTree Hotel. When they arrived, they saw Gettler sitting on a bench, and appellant noticed a lot of people standing in front of the hotel. Appellant wanted to move Gettler away from the other people, so he asked Gettler to come speak with him, but he got no response. After asking Gettler several times, appellant placed his hand onto Gettler’s wrist and pulled Gettler up from the bench.
Appellant and Gettler walked about 15 feet away, with Sergeant Evans a little behind them and on Gettler’s left side. Gettler suddenly stopped, turned to Sergeant Evans and yelled at her, at which point Sergeant Evans took appellant’s taser. Appellant thought Gettler was about to hit Sergeant Evans, so he tried to drag Gettler to the ground and ended up pushing Gettler toward the bushes. Gettler turned around and started pushing appellant in an attempt to get away, so appellant pushed back, and they both fell in the planter box. Appellant was trying to straddle Gettler to gain control of his hands, and after he got Gettler’s left hand he heard two taser bursts.
Appellant was trying to grab Gettler’s right arm, which was pressed against the wall, but Gettler did not comply. Sergeant Evans went into the bushes, between the bushes and the wall, lifted Gettler by his hair, and told him to give appellant his arm. Appellant testified that Gettler did not have blood on his face at that point. Sergeant Evans then stood up and kicked Gettler twice in the left clavicle. Gettler yelled, and then Sergeant Evans kicked him on the left cheek, causing him to start bleeding. Gettler said, “Is this all you want?” and gave appellant his right arm to be handcuffed. Sergeant Hernandez then drove up, got out of his car, asked if they needed help, and helped pick Gettler up.
Sergeant Jackson arrived and began his investigation. He asked what appellant did during the use of force, so appellant told him that force was used to try to gain control of the suspect’s hands and that he thought he heard Sergeant Evans use a taser. Appellant did not report the kicks by Sergeant Evans because Sergeant Jackson asked him only what his own involvement was.
Appellant testified that Sergeant Jackson spoke with Sergeant Evans first and that after Sergeant Jackson spoke with appellant, appellant heard him say that appellant’s story was consistent with Sergeant Evans’s. When appellant heard Sergeant Jackson say that his story was consistent with Sergeant Evans’s, he knew that Sergeant Evans had not reported the kicks, so he thought about saying something then, but he did not. He did not feel comfortable speaking with Sergeant Jackson because Sergeant Jackson and Sergeant Evans got along well.
Appellant also testified that he was hesitant to report the kicks because when he was in the police academy, he had reported an incident in which two recruits were using a racial epithet against another recruit. He had been shunned by other recruits after that, so he did not want to speak up again.
Appellant stated that he did not think the kicks were necessary and that he would not have kicked the suspect, but he thought they might have fallen within the use of force policy. Appellant was not sure if the kicks were wrong because he had been away for over a year during his military deployment and had not received reintegration training, despite his request for the training.
After Gettler was arrested, Sergeant Evans and appellant presented him to the watch commander, Lieutenant Andrea Grossman. Appellant did not report the kicks to Lieutenant Grossman because he was not asked and he knew that probationary officers did not speak to Lieutenant Grossman unless spoken to. He also was hesitant because he knew that Sergeant Evans and Lieutenant Grossman were friends. Gettler did not report being kicked. The medical form filled out by appellant asked if the arrestee had any injuries or medical problems, and appellant had written that Gettler had a minor scratch on his face.
When appellant and Sergeant Evans were in the car later, Sergeant Evans asked appellant if he was comfortable with the use of force, and appellant replied that he was. Sergeant Evans then stated that they would not mention the kicks in the report. Appellant did not reply because he was trying to avoid conflict with her. He said that Sergeant Evans previously had told him she was trying to limit the number of use of force incidents she had because she was on a list to become a sergeant.
When they began writing the use of force report, appellant felt that he was struggling with an ethical dilemma about the use of force, but he had forgotten some of the use of force policies because of his long military deployment. He acknowledged writing the first part of the arrest report but testified that he and Sergeant Evans disagreed about the report and that she deleted what he had written and wrote it herself. Appellant also acknowledged that he reviewed the report but reiterated that he was hesitant to report misconduct because he was afraid of retaliation. When he realized the kicks were not in the report, he decided to report them to Sergeant Perez.
Appellant testified that he called Sergeant Perez because he wanted to speak with someone who worked in Internal Affairs before reporting the incident. Sergeant Perez stopped him from telling him about the incident and instead urged him to report it to his supervisor, telling appellant that he would report it if appellant did not. Sergeant Perez followed up by calling appellant to be sure he had reported it.
Appellant had asked Sergeant Evans several times for reintegration training after his deployment and had spoken with other officers about it, but he was told that probationary officers did not receive reintegration training. On July 28, 2007, appellant gave Lieutenant Grossman a request for the training, and she said that he could attend. Appellant asked to go to reintegration training at the academy because he did not want to work with Sergeant Evans any more.
Appellant testified that Sergeant Evans had not given him unsatisfactory evaluations, but he thought that personal issues she had told him about were affecting her work and causing her to be angry and difficult to approach. For example, he said that Sergeant Evans had slapped his hand on two occasions. Sergeant Evans had told appellant that she was having difficulties at home regarding a domestic violence incident and was having financial difficulties. Appellant did not report the difficulties in his relationship with Sergeant Evans because he was still on probation and did not want to cause problems.
Appellant received a weekly evaluation report dated July 29 to August 4, 2007, in which Sergeant Evans indicated that appellant needed to improve in the areas of report writing, officer safety, suspects, prisoners, and use of common sense and good judgment. He testified that the evaluation did not bother him because he had received similar reports from other officers but had never received an unsatisfactory evaluation, which he described as “a silver bullet.”
Testimony of Richard Gettler
Richard Gettler testified that his son was schizophrenic with severe dementia. He explained that his son sometimes was verbal and able to respond, but other days he was not responsive. Gettler sometimes wandered from home, but his father usually did not report him as missing because he knew the police always brought him home.
Gettler’s father stated that when the officers brought his son home on July 28, 2007, he asked Gettler if he had been in a fight because his face was puffy. Gettler told him that he was kicked at the hotel, so they drove around until Gettler directed his father to the DoubleTree, where Gettler pointed to the wall and indicated the incident happened near there. Gettler told his father he was kicked in the chest twice by a police officer, but his father decided not to report it because he assumed it was an accident and Gettler was not hurt.
Testimony of Detective Villanueva
Detective Villanueva worked in the Internal Affairs Criminal Section of the LAPD and investigated the excessive force complaint against Sergeant Evans. During her investigation, she tried to interview Gettler, but she was told by Gettler’s grandmother and father that Gettler probably would be unable to answer simple questions because of his severe mental illness. She did not ask Gettler’s father about the incident at the DoubleTree Hotel.
Based on Detective Villanueva’s interviews of three DoubleTree employees and Sergeant Evans, she concluded that appellant falsely accused Sergeant Evans of kicking Gettler. Her investigation did not reveal any evidence to support appellant’s allegation that Sergeant Evans intentionally kicked Gettler.
Testimony of Christopher Gettler
The Board brought Gettler in to question him during the administrative hearing, but his responses generally were incoherent and nonresponsive. A videotaped interview of Gettler, taken on December 8, 2008, was shown at the administrative hearing.
Decision of the Board
The Board stated that the primary issue in the case was whether Sergeant Evans actually kicked Gettler or not. After reviewing all the evidence, the Board stated that it could not find that the kicks occurred. The Board pointed out that, although Gettler’s clothes were soiled, consistent with testimony that he and appellant fell in the bushes, there was no “visible dirt transfer” on Gettler’s white shirt to support the allegation that Sergeant Evans kicked him in the shoulder or chest area.
The Board reasoned that, although there were inconsistencies in the testimony, the testimony of Adrid, Sergeant Perez, and Sergeant Hernandez was consistent with the original report by appellant and Sergeant Evans. Although Richard Gettler’s testimony supported appellant’s assertion that Sergeant Evans kicked Gettler, the Board found his testimony not credible because it was inconsistent with his son’s testimony. The Board also noted that Gettler’s mental illness affected his ability to give an accurate account of the incident and found that Gettler’s videotaped statement, alleging one kick, was not credible.
The Board found that appellant had failed to report the alleged kicks, despite numerous opportunities to do so, and that his testimony regarding his reasons for not reporting the kicks was not credible. The Board also found that the injury to Gettler’s face was caused when he fell into the bushes.
The Board found there was evidence that appellant had a motive to make a false complaint, citing Sergeant Evans’s testimony that appellant was going to receive an unsatisfactory probationary rating if he did not improve his performance and that the kicks were reported the day after appellant received an evaluation. The Board concluded that appellant was not credible and found him guilty of the charges against him.
Decision of the Trial Court
Appellant filed a petition for writ of administrative mandamus, which the trial court denied. The court stated that, after an independent review of the administrative record, the court was “uncertain whether the training officer kicked the suspect or not.” Because the court was not convinced that the administrative findings were wrong, the court found that appellant failed to carry his burden of establishing that the administrative findings were contrary to the weight of the evidence. The court also rejected appellant’s contention that the Board shifted the burden of proof by requiring him to prove the training officer kicked the suspect. Finally, the court rejected appellant’s contention that the Board members were biased. The court reasoned that no other witness testified that Sergeant Evans kicked Gettler and that the issue came down to a determination of the relative credibility of appellant and Sergeant Evans. The court thus denied appellant’s petition for writ of mandate and entered judgment in favor of respondents. Appellant filed a timely notice of appeal.
“Pursuant to Code of Civil Procedure section 1094.5, when the trial court reviews an administrative decision that substantially affects a fundamental vested right, the trial court `not only examines the administrative record for errors of law but also exercises its independent judgment upon the evidence . . . .’ [Citations.]” (Sarka v. Regents of University of California
(2006) 146 Cal.App.4th 261
, 270 (Sarka
).) The right to practice one’s trade or profession is a fundamental vested right. (Bixby v. Pierno
(1971) 4 Cal.3d 130
, 143; see also Barber v. Long Beach Civil Service Com.
(1996) 45 Cal.App.4th 652
, 658 [stating that the trial court is required to exercise its independent judgment where a case involves a police officer’s vested property interest in his employment].)
“Under the independent-judgment standard, `the party challenging the administrative decision bears the burden of convincing the court that the administrative findings are contrary to the weight of the evidence.’ [Citation.] `[The] trial court must accord a “`strong presumption of . . . correctness’” to administrative findings . . . .’ [Citation.] The trial court begins its review with the presumption that the administrative findings are correct, and then, after according the respect due these findings, the court exercises independent judgment in making its own findings. [Citation.] . . . [¶] On appeal, we review a trial court’s exercise of independent review of an agency determination for substantial evidence. [Citation.]” (Sarka, supra,
146 Cal.App.4th at pp. 270-271.) “`[O]ur review of the record is limited to a determination whether substantial evidence supports the trial court’s conclusions and, in making that determination, we must resolve all conflicts and indulge all reasonable inferences in favor of the party who prevailed in the trial court. [Citations.]‘” (Wences v. City of Los Angeles
(2009) 177 Cal.App.4th 305
, 318.) We review independently any legal interpretations made by the administrative agency and the trial court. (Breslin v. City and County of San Francisco
(2007) 146 Cal.App.4th 1064
, 1077 (Breslin
I. Burden of Proof
Appellant’s first contention is that the trial court erred in rejecting his argument that the Board improperly shifted the burden of proof from the employer to him. Whether the Board shifted the burden of proof is a legal question reviewed de novo. (Breslin, supra, 146 Cal.App.4th at p. 1077.) We conclude that the Board did not improperly shift the burden of proof.
The parties agree that respondents had the burden of proving the charges against appellant. (See California Correctional Peace Officers Assn. v. State Personnel Bd.
(1995)10 Cal.4th 1133
, 1167 [explaining that a public employee’s interest in his employment is protected by due process, which requires an administrative hearing at which “`the burden of proving the charges rests upon the party making the charges'”].) Thus, here, the LAPD was required to prove that appellant made a complaint he knew or should have known was false and that he made false statements during the investigation.
In arguing that the Board improperly shifted the burden of proof, appellant focuses on the Board’s statement that, after reviewing all the evidence, it could not “make a factual finding that the kicks occurred.” Neither this statement nor anything else in the Board’s decision indicates that the Board shifted the burden to appellant.
In order to prove that appellant made false statements and a false complaint, the LAPD needed to prove that Sergeant Evans did not kick Gettler. The LAPD accordingly presented witnesses and other evidence tending to show that the kicks did not occur, and the Board found its evidence persuasive. The Board’s statement that it could not find evidence to support appellant’s claim that Sergeant Evans kicked Gettler does not mean that appellant had the burden of proving his statements were not false. Rather, it indicates that the LAPD bore its burden of convincing the Board that the kicks did not occur. The trial court did not err in rejecting appellant’s argument.
II. Substantial Evidence
Appellant’s second contention is that the trial court erred in upholding the Board’s factual findings because they were not supported by substantial evidence.3
As stated above, on appeal, “we may not reweigh the evidence, but consider that evidence in the light most favorable to the trial court, indulging in every reasonable inference in favor of the trial court’s findings and resolving all conflicts in its favor.” (Breslin, supra,
146 Cal.App.4th at p. 1078.)
Appellant argues that the trial court did not understand that it was required to exercise its independent judgment, pursuant to Fukuda v. City of Angels
(1999) 20 Cal.4th 805
), and that the court instead merely “rubber-stamped” the Board’s decision. Contrary to appellant’s claim, the trial court specifically stated that it had independently reviewed the administrative record and, based on that review, it was uncertain whether Evans had kicked Gettler. Appellant therefore had failed to carry his burden of convincing the court that the administrative findings were contrary to the weight of the evidence. (Fukuda, supra,
20 Cal.4th at p. 817; Breslin, supra,
146 Cal.App.4th at p. 1077.) The trial court did not fail to exercise its independent judgment.
Appellant further contends that the findings made by the Board were so lacking in evidentiary support as to be inherently improbable and unreasonable. We disagree.
The Board’s findings relied on physical evidence and the testimony of several eyewitnesses who testified that they did not see Sergeant Evans kick Gettler. Sergeant Hernandez and the two DoubleTree employees who witnessed the incident, Adrid and Perez, did not see any kicks. The Board also noted that the photo of Gettler did not show any dirt on his white shirt that would have indicated he was kicked in the clavicle area. The Board also relied on appellant’s failure to report the kicks despite several opportunities to do so, citing Sergeant Jackson’s testimony that appellant did not report the kicks when he was first interviewed about the use of force, as well as appellant’s failure to report the kicks to Lieutenant Grossman. In addition, the Board found that appellant had a motive to make false allegations against Sergeant Evans, based on her testimony that appellant would receive an unsatisfactory rating if he did not improve his performance.
Even if the Board had not found the evidence listed above persuasive, Sergeant Evans herself testified that she did not kick Gettler. Her testimony alone would have been sufficient to support the Board’s findings. (See People v. Fierro
(2010) 180 Cal.App.4th 1342
, 1347 (Fierro
) [stating that “`unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction'”].)
There is substantial evidence in the record to support the Board’s finding. The Board simply found appellant not credible and thus implicitly found Sergeant Evans credible. Credibility determinations are within the province of the trier of fact. (Fierro, supra, 180 Cal.App.4th at p. 1347.)
The judgment of the trial court, denying appellant’s petition for a writ of administrative mandamus, is affirmed. Respondents shall recover their costs on appeal.
MANELLA, J. and SUZUKAWA, J., concurs.
1. At the time of the hearing, he was a captain with the Lompoc Police Department.
2. Appellant left for a 13-month military deployment shortly after his graduation from the police academy.
3. Because we find the findings supported by substantial evidence, we need not consider respondents’ assertion that appellant waived the substantial evidence issue.