SFPD Excessive Force Complaint

An SFPD officer has had his gun and badge taken away; he’s on desk duty at the Hall of Justice for an incident caught on video.  It’s about one o’clock on a Saturday morning in March.  26-year-old Charles Haynes is just leaving a nightclub after working as an emcee, with his friend, a deejay.  His friend is holding a video camera as Haynes crosses the street.  Haynes says Officer Paul Morgado told him, “Get out of the street, boy.”  Haynes answered – he says he called Morgado “faggot”.  Haynes keeps walking, and as you’ll see on the video, Morgado turns and walks quickly after him.  The officer apparently believes Haynes called him “a little bitch”. Whatever the words, Officer Morgado pushes Haynes hard and then detains him.  See it all for yourself here.  A word of caution – we are not bleeping the profanity as we did on television today.

What apparently got Officer Morgado in trouble was the police report he filed on the incident.  Read it here.  It paints a very different picture from what’s on the video. Morgado is under criminal investigation for assault under the color of authority. 

As always, we like to hear what you think about this topic.  Leave a comment below, and e-mail story tips to me here.

Comments

[dan]

I was disappointed that there isn't any more video here than I saw on the news. Clearly there is more that lead up to this that is being withheld. Based on the video, the police car is already on its way with lights flashing meaning something lead up to this. Where is the rest of the video? Based on the information reported about the officers report, the facts were modified to fit the officers needs. But I would still like to see how this all came about.

[Eric]

After seeing the video and reading the police report on your above link, it appears to me the video started near the end of the event; specifically where the officer writes, "Haynes then walked away back towards the sidewalk."

Also, the I-Team report states Haynes didn't receive as much as a "ticket" and was "let go." On the contrary, the report indicates he was booked at CJ9 for 647(f) PC. That tells me he was indeed arrested/booked into jail, then was released per 849b PC following Haynes' detoxification to which no charges will be filed.

Based off the video, it's clear that the officer acted inappropriately, but to what degree? He definitely needs to be held accountable for his actions, which is a personnel matter. However, I can't help feeling a sense of media bias against law enforcement by labeling this event as classic police misconduct.

Unfortunately for the officer, a person's perception is their reality. Even more unfortunate for the officer, is the time within the event the video camera started. Perceptions would probably change dramatically if the video started when the officers responded to the shots fired call. There's a lot of adrenaline when you're one of two officers inside a large crowd breaking up a shots fired call.

*** Note from Dan Noyes: Haynes did not receive a citation; nothing went to the DA -- the DA did not have to decide on charges; there was no fine. The Sheriff's Department explained to me, it was more of a detention than an arrest. Haynes was detained by Officer Morgado at 1:23 that morning, booked into County Jail #9 at 1:49am and released at 6:04am. He faced no further consequences. ***

[dan]

I had missed the link the the police report. The reporter in this case made no mention of responding to shots fired. My wife and I have been looking for a new news channel since we've been disappointed with the Channel 2 news lately for not covering the entire story. I guess we will have to keep looking.

[Eric]

Re: Note from Dan Noyes to my above post.

Mr. Noyes - I suggest your viewers review 849(b)(2) PC and 849(c) PC. In fact, I'll attach it to make it easier:

849(b) Any peace officer may release from custody, instead of taking such person before a magistrate, any person arrested without awarrant whenever:
(2) The person arrested was arrested for intoxication only, and no further proceedings are desirable.
(c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, such arrest shall not be deemed an arrest, but a detention only.

I retrieved this information here: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=476364142+2+0+0&WAISaction=retrieve

Mr. Noyes is correct that the DA probably won't review this case and therefore, it wouldn't make sense for Mr. Haynes to receive a citation. You see, Mr. Haynes was released pursuant 849(b)(2) PC so the "arrest" was deemed as a detention only. With that, it's true that there won't be any further consequences.

In sum, Mr. Haynes was in violation of 647(f) PC which means he was unable to care for his own safety because of his level of intoxication. He was arrested for same, booked into jail, then later was released per 849(b)(2) PC upon his detoxification.

Mr. Noyes - Please run that past the Sheriff's Department and you'll see it's right in line with what I just wrote. Doing so, would be fair and balanced reporting.

[Aaron Lynch]

I CANNOT believe the comments on this.

The guy was walking to the sidewalk, hears a commotion behind him, turns around and gets SLAMMED in the chest by an irate out of control officer.

1)The officer Lied, repeatedly in the police report. He says the man approached him aggressively.

Turning around saying "wha" is aggressive?

I can't believe this is even debatable the officer should be fired, for no other reason than he lost control. He's not an effective office if a drunk can just walk away from him, and he's certainly not an effective officer if he's a lunatic.

Thank god the OTHER officer had his head about him, saw the CAMERA and calmed the situation. He's an officer.

Morgado should be fired just for acting so badly on camera, dumbass.

[Eric]

Aaron is absolutely right. It was evident from the video that the officer acted inappropriately and needs to be held accountable for his actions. If that means he's terminated at the conclusion of an IA investigation, then so be it.....I'm on-board with it!

What I'm NOT on-board with is the lack of fair and balanced reporting. The report inferred that police only held Haynes until learning of police mis-conduct, then just released him. This gives the public the perception the police did something terribly wrong and they're trying to cover something up by releasing Haynes without any prosecution whatsoever. It sure make for good media hype, but it's certainly not FAIR and BALANCED reporting.

The fact remains that Haynes was indeed arrested, placed in jail, then was released per 849(b) PC upon his detoxification. When an arrestee is released per 849(b) PC, it deems that arrest as a detention only.

The video is great evidence of Officer Morgado's abhorant behavior. However, Aaron missed what I wrote in that it appears the video taping started near the conclusion of the event - specifically where the officer writes in the police report, "Haynes then walked away back towards the sidewalk." Aaron doesn't know what occurred before the video tape and neither do I; few people do.

[SlySlick_Wicked]

Im way late on this artical but i know this punk morgado from Soma dist where i used to work. Big time shortguy complex for one, no people skills whatsoever! We had words cause he was showing out for his partner at the time, poss even his FTO? The sad part is i seen through this guy in 5 min, who passed him through all his training up at the academy? How did he ever get through the oral? Must have had someone pulling for him on the inside im thinking. Be fun seeing him on the street as a civilian without all his backup behind him. What goes around, comes around...Take your lumps you half a Midget.