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."

Military Culture Permeates Emeryville Police Department

 Emeryville's Militarized Police Force:

A Modest Proposal

Opinion

by Brian Donahue

Grand Poobah / Il Duce

For a hot minute, after officers from the Minneapolis Police Department murdered George Floyd, the nation cried enough is enough and police reform seemed to be on everyone’s lips.  Even here in Emeryville, the City Council passed a proclamation supporting State legislation proscribing police militarization.  All the heated talk ended quickly however and the police went back to being the police.  Here at the Tattler, we didn’t see police reform as a bandwagon to hop on and hop off.  We still think reform is the goal.  For instance, we see no cogent reason why our police should routinely carry military weapons of war on Emeryville's streets as they do.  The police here are adamant: they need more firepower, they need to always be armed with assault rifles with enough power to blast through three house walls and still kill a civilian.

Against that backdrop, we introduced a new, largely symbolic effort to bring our police back into our community, to reflect community values.  We suggested the Emeryville Police Department throw off their military personnel ranking system they use and replace it with a civilian ranking model.  In this way, the Chief would become EPD#1, the Captains would become EPD#2, the Lieutenants EPD#3 and so on.  Current Lieutenant Fred Dauer for instance, would become EPD#3 Fred Dauer or just #3 Dauer.

Field Marshal Dauer

Alas, the police took to this proposal like a cat takes to water: they responded with a full throated NO.  They will keep their military modus operandi including all the trappings, they insisted.  But the United States military, as everyone knows, are liars.  They always lie to get us into wars.  And then they lie again when we inquire as to how well they are prosecuting the war.  The Emeryville Police Department is in the thrall of and wants to be associated with this government agency that can be counted on to lie to the people; right down to their military ranking.   Our police love governmental lying.
 

So after years trying to get a less militaristic, more community friendly police department, we’re ready to throw in the towel.  Let’s give them what they want.  Let’s hyper-militarize the Emeryville Police Department.  If EPD Captain Oliver Collins is feared by the people with the military epithet 'captain', imagine how much better it would be if he were known as Generalissimo Oliver Collins.  Lieutenant Fred Dauer too will be even more fearsome as Field Marshall Fred Dauer.  That a militarized police department is cast as a good thing, why then equivocate Emeryville?  Let's start thanking them for their service, why not?  Let's wallow in military grandeur and idolatry.

Here’s our modest proposal:

Crush of Trucks Blocking Bike Lanes Draws Chief of Police to Declare it Legal

Chief of Police Rules OK to Block Bike Lanes in Emeryville

Illegal to Block Lanes in Neighboring Cities

City Hall Scrambles to Protect Bikers, Thwart Chief's Ruling

Officials at Emeryville City Hall have been pushed into a tailspin by recent incendiary comments from the chief of police that claim people are allowed to block bike lanes with parked vehicles for up to 72 hours without fear of receiving a ticket from the police department. The comments came in a November 29th email from Chief Jeffery Jennings after a cascade of citizen complaints about trucks blocking our bike lanes and have pushed the city staff and the Council to search for new ways to keep the city’s bike lanes clear, the Tattler has learned.  Mr Jennings cites the California Vehicle Code as his authoritative source that it is “perfectly legal” for vehicles to block bike lanes, interestingly, the same source that neighboring cities use to declare the practice illegal.

Emeryville Chief of Police Jeffery Jennings
His unique reading of the California Vehicle Code
puts him at odds with chiefs of police in Berkeley,
Oakland, San Francisco and Hayward.

The City of Emeryville is scrambling, responding to the distressing pronouncement from Chief Jennings by exploring extra levels of protection for bicyclists such as painting all curbs in bike lanes red and/or adding ‘no parking’ signs alongside every bike lane.  Mr Jennings expressed to the Tattler that such actions would be enough for him to start directing his officers to ticket vehicles in those bike lanes.  

Attorneys contacted by the Tattler expressed surprise at Chief Jennings’ take on the vehicle code that has the added effect of voiding Emeryville’s new parking meter program by offering a plethora of free parking on any bike lane.  One attorney stated the snippets quoted from the California Vehicle Code by Mr Jennings seem to be cherry picked in such a way as to make vehicles blocking bike lanes legal.  

The November 29th statement legalizing bike lane blocking in Emeryville by Chief Jennings, cites CA Vehicle Code Div 11 Chapter 1 Article 4 Section 2121 which states:  No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.

The above language would protect bike lanes but Chief Jennings focuses on the Streets and Highways Code to make his determination that it is OK for vehicles to block the lanes, a move former Emeryville City Council member and practicing attorney John Fricke took issue with.  In a letter to the Tattler responding to the Chief, Mr Fricke was adamant, “The police chief's reliance on S&H Code section 890.4 is severely undermined by the fact that the S&H Code in general is not where vehicle prohibitions are placed.  For that, one must look to the Vehicle Code.  In addition, section 890.4 is part of a larger act that has as its main purpose the promotion of bicycle travel: the California Bicycle Transportation Act.  How ironic that the police chief cites this act as proof that trucks can block a bike lane.”, Mr Fricke wrote. 

Additionally, Mr Fricke notes “Subsection (b) is the general rule, no parking in the bike lane ("upon any bikeway" includes a Class II bikeway as defined in Streets and Highways Code section 890.4, which is the section  the police chief cites as evidence of a right to park in a bike lane).” 

The City of Emeryville’s Municipal Code also protects bike travel in town by making it illegal to block a bike lane.  Code 4-9.21 states “It shall be unlawful for the operator of any train, truck, or other vehicle to stop or park in such manner as to block or impede the flow of traffic”.  However Chief Jennings says the Emeryville Municipal Code is subordinate to the greater authority of the California Vehicle Code and so bicycle traffic may be impeded.

The Tattler contacted the police departments in Berkeley, Oakland, San Francisco and Hayward and all reported it is illegal for vehicles to block bike lanes in their respective cities.  Berkeley PD Officer Vaughn (#826) uses the same CA Vehicle Code Div 11 Chapter 1 Article 4 Section 2121 Chief Jennings does but he said, "We cite [vehicles] for that every day”.

The only vehicles allowed to block bike lanes according the the California Vehicle code are specifically utility trucks, newspaper delivery trucks, garbage trucks and tow trucks, and all while actively working only.

Bike safety studies have shown crossing over the solid white line of a bike lane, swerving out into a vehicle lane to avoid a vehicle blocking is the most dangerous legal move a bicyclist can make.  Emeryville, it would appear, will continue to be a place for this very dangerous movement made by bicyclists unless the City Council reverses Mr Jennings and his anti-bike directive.  

Chief Jennings is not some lone wolf it should be noted.  An October 29th 2020 Tattler story highlighted a recalcitrant Emeryville Police Department loath to issue citations for vehicles blocking our bike lanes, indicating this anti-bike culture predates Chief Jennings who was hired in December of that year.

For his part, Mr Jennings has downplayed the whole bike lane tumult.  Shrugging off the mounting controversy his legal-to-block-bike-lanes directive has caused, the Chief was nonchalant, ”If this is the worst problem that I have then I'm doing well” he told the Tattler.

Emeryville Police responded to calls concerning this truck with a large banner
parked on Shellmound Street, blocking the bike lane.  No tickets were written
because "It is legally parked" said one of the responding officers.

This banner could be placed on any one of the hundreds of trucks blocking our bike lanes 
every week in Emeryville.

Trucks blocking bike lanes
earns one Nora smile.