Emeryville Police Let a Shoplifting Suspect Walk Free

Emeryville Police Let a Shoplifting Suspect Walk Free

BevMo Store Manager Wanted to Press Charges But EPD Said NO

Citizens Reporting Crimes Should "Mind Their Own Frickin' Business" Says Sergeant

Officer body worn camera footage released by the Emeryville Police Department reveals how two officers and a sergeant recently let a shoplifting suspect walk free, ignoring the store manager’s request to prosecute. The minor shoplifting event happened on May 19th at the BevMo liquor store, 5717 Christie Ave in the Powell Street Plaza shopping mall, when a checkout clerk noticed a man walk out of the store without paying for a bottle of vodka.  Police were summoned and the man was apprehended behind the store on Shellmound Street, drinking from the stolen bottle.  After handcuffing the detained man and confiscating the stolen liquor, Emeryville Police Officer Andrew Selby attempted to return the bottle to the store clerk.  After the clerk informed the officer BevMo could not take back an opened bottle, the officer poured out the vodka.  Shortly after that, all three cops were alerted the store manager wished to press charges but ignoring that, the police removed the suspect from detention and released him.

Emeryville Police Officer Andrew Selby
When told the BevMo store manager wanted 
to press charges against the shoplifter he
responded, "Negative" and let the guy go free.

The three videos from the three cops reveal that all three heard from the dispatcher on the police radio that the manager of the store wished to press charges on the man, to which Officer Andrew Selby responded “negative” to his colleagues.  The police believed the store manager earlier claimed to not wish to press charges against the suspect but were not interested in hearing from the manager about his change of heart.   

A witness to the theft, the Emeryville Tattler editor produced a voice over narrative video of the crime scene after the police released the suspect and left the scene and sent that video out via email to the City Council members, key City staff and members of the police department.  The Chief of Police, Jeff Jennings, a recipient of the emailed video, hit ‘reply all’ and then he denied the police had let the suspect go free and he reported that the manager of the BevMo refused to press charges, in direct contradiction of the body worn camera objective evidence.  The Chief of Police, who earns over $200,000 per year incorrectly stated in his May 20th email responce, the EPD's hands were tied because “BevMo, the legal victim of this particular crime did not wish to prosecute the individual for the theft”.  The email from the Chief was misleading about the store manager but it is unknown if the Chief was aware that his officers had failed to ask the store manager about his prosecution change of heart.

"Mind His Own Frickin' Business"

Emeryville Police Sergeant Michelle Shepherd
Emeryville citizens who call in crimes
should "Mind their own frickin' business".

The video footage from Sergeant Michelle Shepherd, who was hanging back with the detained suspect while the other two officers were interacting with the store clerk, reveals she clearly told the shoplifting suspect she thought the Tattler editor reporting party to the crime should “mind his own frickin’ business”, a reversal of the common police dictum ‘see something, say something’.  As the suspect was being released, Sergeant Shepherd offered him advice on how to shoplift better without being caught by “these stores around here”.  Noticing store stickers on new clothing the suspect was wearing, Sergeant Shepherd told the suspect he should “remove the stickers [from your stolen clothes].  It’s a tell tale sign.  People see it and they think he’s gunna steal from us”.  

Ms Shepherd later told the Tattler she was being "sarcastic" when she coached the suspect on more effective shoplifting.

Regardless that the videos were released by EPD to fulfill a Tattler public records request, the last minute or so of the incident was cut from all three body worn cameras by EPD and not released.  The expurgated section of the videos show the Tattler editor approaching the three departing officers, informing them that the store manager wished to press charges on the suspect.  Officer Selby spoke for the group and said NO to that and then asked, “Don’t you have anything better to do with your time?”.  The California Records Act requires government agencies to release in good faith, all requested public records, allowing for redaction of certain sensitive information.  The failure of the EPD to release the full record on all three videos barring an explanation, represents a violation of the California Records Act.  EPD has not provided an explanation about why the videos are edited in the way they are.

The Emeryville Chief of Police, Jeff Jennings was contacted for this story but he did not respond. 

Below are two of the three videos the Tattler obtained in our public records request.  The last minute or so of incriminating evidence against EPD was cut from all three videos by EPD but plenty of incriminating evidence remains.   The first is from Officer Selby's body worn camera and the second one is from Sergeant Shepherd.  The sound takes a minute to begin.  Transcripts are posted below. 

Extra Reading:

Below are partial transcripts from the Selby and Shepherd videos. The characters are: the Suspect, the BevMo Store Clerk, the Tattler Editor (the reporting party who made the call to the police and was a witness to the crime, the Police Dispatcher, Sergeant Michelle Shepherd, Officer Andrew Selby and Officer Kyle Rice.

Selby Video

.55-1:05 

Selby to Tattler Editor: They [Bevmo] don’t want to press charges.”

Tattler Editor to Selby: “I’m going to go complain to them.”

2:45-2:57 

Tattler editor to Selby: “I’m going to request they press charges.”

3:08-3:25 

Tattler Editor to BevMo Store Clerk: “Will you press charges?”

BevMo Store Clerk to Tattler Editor: “We probably can’t, to be honest.”

Tattler Editor to BevMo Store Clerk:  “Can you tell your boss [Store Manager] I request you press charges?”  

Convo fades out as Selby moves outside to pour out opened vodka bottle.  

During this time the Store Manager tells the Tattler Editor he will press charges (no police present to hear it).

5:35-5:42 

Rice to Selby:  “Where’d the RP [reporting party Tattler Editor] go?”

Selby to Rice “Into BevMo to complain.”

5:50-6:01 

Dispatcher to Selby (and Shepherd and Rice):  “Apparently Donahue (Tattler Editor) went into BevMo, spoke to BevMo and now they’re reconsidering pressing charges.”

“Selby (to himself or maybe Rice): “Negative.”

6:15-6:25

Rice to Selby:  "You want to cut him [Suspect] loose?”

Selby to Rice: “Yeah”

Shepherd Video:

2:02-2:11

Shepherd to Suspect:  "You've got some nice threads on - nice shoes.  Did you take those?"

Suspect to Shepherd:  "No"

Shepherd to Suspect:  "The price tags are still on."

4:06-4:09

Shepherd to Suspect:  "Hopefully we'll be out of your hair soon."

4:45-5:20 

Shepherd to Suspect: “Was that guy [Tattler Editor] bugging you?  The big white guy?”

Suspect to Shepherd: “No…(unintelligible)”.  He mentioned how the Tattler Editor had offered him money to pay for the vodka.

Radio from Dispatcher cuts in to all three police; “Apparently Donahue went into BevMo, spoke to BevMo and now they're reconsidering pressing charges.”

Shepherd in responce to hearing that: “No”

Rice heard on radio, talking to Dispatcher: “Negative.  I talked to the store and they do not want to proceed.  And you don’t need to talk to Donahue anymore regarding this call.”

Shepherd to Suspect (continuing convo from before Dispatcher interruption): “No, that guy [Tattler Editor] was here making things worse for you.  He needs to mind his own frickin’ business.”

5:42-5:55  

Shepherd coaches Suspect on how to get away with shoplifting better in the future.  She speaks to him about his new clothing with the price stickers still on.

Shepard to Suspect: “A way not to draw attention to yourself when you walk into these stores around here is taking off the stickers.  People see it and they’re like, he’s gunna steal from us.  It’s a tell tale sign.”

Suspect to Shepherd:  "All right.  Thank you."