Massachusetts:

[Harold Schiffman]

Somerville police change policy on gangs after teens' story
--------------------------------------------------------------------------------
By Erin Smith

Posted Apr 29, 2009 @ 02:46 PM

--------------------------------------------------------------------------------
Somerville — The Somerville Police Department overhauled how it
classifies gang members after six Somerville High School students said
they were falsely accused of being ‘gang bangers.’ After a month-long
investigation, Somerville Police Chief Anthony Holloway announced this
week that police have since updated their gang intelligence files and
would continue to do so on a regular basis to prevent anyone from
being falsely accused of gang activity in the future.

“No longer will we tag someone as a gang member unless we are 100
percent sure,” said Holloway. Last month, the six teen boys accused
Police Officer Michael Silva of ordering them to their knees, pat
frisking them and bashing some of their heads against a police
cruiser. Officer Silva detained the students on March 10 after he
responded to the intersection of Pearl Street and McGrath Highway to
break up a nearby fight. An internal police investigation found Silva
did not use excessive force against the teens, but he was disciplined
for using profanity at the scene. Holloway said Silva also used
incorrect procedures over police airwaves.

“[Officer Silva] said, ‘I want these gang members identified because I
want them expelled from school,” said Holloway, who reviewed the radio
tapes. Holloway said he “verbally counseled” Silva and the findings
were placed in his file. Silva has had complaints lodged against him
in the past, but they were all determined to be unfounded and he has
never been suspended during his 14 years on the Somerville force,
according to Holloway.

In his March 10 report, Silva said the teens were wearing gang
clothing and symbols on their backpacks and flashing gang signs at a
crowd. Silva did not identify the symbols or signs in the report and
Holloway said officers must now be more specific about suspected gang
activity and may not classify crimes as gang-related in police reports
unless there is solid evidence.
Holloway ordered his officers to always verify possible gang members
with Somerville’s anti-gang unit and pledged to train officers to
recognize the difference between average teen fights and gang
violence.

Aaron Pleitez, a junior at Somerville High, disagreed with the
investigation finding that Officer Silva didn’t use excessive force.
“It doesn’t even make sense. They don’t even know what they’re talking
about,” said Pleitez. Pleitez and Kevin Montiel, who are not
identified as possible gang members in police intelligence files, both
told the Journal Silva slammed their heads into a police cruiser
during the incident.

Holloway said none of the teens told investigators anyone banged them
up against a cruiser and Officer Silva was justified in pushing
several teens to their knees in the interest of his safety because he
was outnumbered by the teens. Holloway said one of the teens had been
involved in a past police call for a group fight involving known gang
members.

“They’re telling [the Journal] one thing and they’re telling us
another thing,” said Holloway. Holloway summarized the investigation’s
findings but said the Journal would have to formally request the
report from Somerville’s lawyers. Shortly after the incident, Holloway
went to Somerville High School, pulled the teens out of class and
interviewed them individually in the presence of a teacher — but
without their parents present. Holloway spent about 30 to 40 minutes
interviewing the teens, the teens and police chief said. Holloway said
an internal investigator later conducted follow-up interviews with the
teens.

All of the boys’ parents told the Journal Friday that police —
including Chief Holloway — still haven’t contacted them to speak about
the incident. “No one ever came to speak to me,” said Anna Galve, the
mother of one of the teens, Kelly Perez. Pleitez said his  parents
weren’t home when an officer came to his house to speak with him
earlier this week. “A guy who rents his room was here, but he doesn’t
speak English,” said Pleitez. Shortly after the incident, Holloway
pledged to reach out to the six students and their parents and visits
their homes with Spanish language interpreters.

“I wanted to hear the kids’ story. Kids are going to say one thing and
they are going to say another thing in front of their parents,” said
Holloway when asked why parents were not contacted earlier. On Monday,
Holloway said he now plans to speak with the teens’ parents this week
with an interpreter. Holloway is also weighing whether to require
officers to contact parents any time they stop a minor, even if the
child is not arrested. Holloway said he plans to tell the parents
“that the Somerville Police Department is not going to stand for any
violation of civil rights, but at the same time, if your son or
daughter is involved in any type of gang activity, we’re going to go
after them to protect the people of Somerville.”

Holloway said he hopes residents will become more involved in stopping
gang violence. “What are we going to do as a community to solve this
problem? It’s not just a police problem,” said Holloway. “It’s a
community problem.”

http://www.wickedlocal.com/somerville/news/x1072300633/Somerville-police-change-policy-on-gangs-after-teens-story?view=print

-- 
**************************************
N.b.: Listing on the lgpolicy-list is merely intended as a service to
its members
and implies neither approval, confirmation nor agreement by the owner
or sponsor of
the list as to the veracity of a message's contents. Members who
disagree with a
message are encouraged to post a rebuttal. (H. Schiffman, Moderator)
*******************************************