Activism

New California Law Considers “Full Context” of Domestic Abuse Survivors’ Lives

Economic justice is a near-immediate, tangible solution to improve life for criminalized survivors of domestic violence. Many survivors hail from predominantly Black and Brown communities, which experience glaring income gaps, and oftentimes they take on the burden of childbearing while juggling the responsibilities of working and taking care of the children, she added.

Published

2 years ago

March 16, 2022

Oakland Post

It is important to get the message out about what real accountability looks like for people who have caused harm.

Charlene Muhammad | Oakland Post

Advocates for victims of domestic violence, including organizations like the Family Violence Law Center in Oakland, are applauding a new California law that was introduced by Sen. Sydney Kamlager (D-Los Angeles). The legislation passed both the Assembly and Senate last fall. It was signed into law by Gov. Newsom in October, and it took effect Jan. 1.

Assembly Bill (AB) 124, also known as the “Justice for Survivors” bill, provides support to survivors of violence, including intimate partner violence, sexual violence, and human trafficking.

AB 124 makes provisions for California’s criminal justice system to consider the full context of a person’s circumstances and experiences throughout the court process.

“The idea is more trauma informed sentencing, but I think it starts even before survivors even enter the criminal justice system. I think it’s really important to focus on the responders to the crisis,” stated Nashi Gunasekara, Housing and Gender Justice advocate at the Family Violence Law Center, which advocates for justice and healthy relationships by helping diverse communities in Alameda County heal from domestic violence and sexual assault.

“How responders complete paperwork, their judgment and assessments can all very drastically change the trajectory of a survivor in the criminal justice system, to the point where they may not even enter it, she said. “That’s almost how decisive these those moments of crisis intervention can be.”

According to statistics released by the American Civil Liberties Union, nearly 60 % of female state prisoners nationwide and as many as 94 % of certain female prison populations experienced physical or sexual abuse before being incarcerated.

“Black women make up 25% of the incarcerated population in California, yet are only 5% of the adult population, demonstrating an overrepresentation of Black women in prison. Similar disparities exist for other individuals of color, including Latinx, Asian and Pacific Islander, and Indigenous communities,” states the “Justice for Survivors” fact sheet, dated May 26, 2021.

Advocates who supported AB 124 say the legislation is particularly useful for survivors who have been criminalized, because the idea is to take into account factors like a history of abuse or domestic violence, mental illness, and others that may lead to certain moments of crisis when charging or sentencing individuals.

“When you have the right people there, responding to these moments of crises where law enforcement may not be entirely equipped with the information and knowledge to assess those situations correctly, I think we’re not only helping survivors heal, but we’re helping communities as well,” Gunasekara explained.

Part of Family Violence Law Center’s work is helping people to recognize the ways in which survivors can get caught up in the criminal justice system. That includes curbing the continued stigma for survivors of domestic violence and sexual assaults by reversing cultural messages that place blame and responsibility for abuse on survivors themselves, said Marissa Seko, Family Violence Intervention Unit Manager at the organization.

It is important to get the message out about what real accountability looks like for people who have caused harm, she urged.

Power and control, in relationships and within the larger culture are fundamental, core structures that allow domestic violence to continue, according to Seko. One of her clients has been repeatedly victimized by her abuser calling police and filing false Child Protective Services reports as retaliation for trying to leave the relationship, Seko shared.

When a person who is causing the harm has more race or gender privilege than the person they are abusing, they can sometimes use the system against that survivor. That plays out in the ability to pay for lawyers, fight through family law boards, and believability when police are called, according to Seko.

Her agency commonly sees abusers using the system against survivors and weaponizing privileges they have against people with less knowledge or access, she said.

Economic justice is a near-immediate, tangible solution to improve life for criminalized survivors of domestic violence, according to Seko. Many survivors hail from predominantly Black and Brown communities, which experience glaring income gaps, and oftentimes they take on the burden of childbearing while juggling the responsibilities of working and taking care of the children, she added.

According to the National Network to End Domestic Violence, financial abuse occurs in 99% of domestic violence cases, and is often cited by victims of abuse as the main reason that they stayed with or returned to an abusive partner.

“It’s hard to survive or make decisions when one feels economically insecure,” said Seko.

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Activism

Officer Fired for Shooting and Killing Sean Monterrosa Has Termination Overturned

Michael Rains, attorney for the Vallejo Police Officers’ Association, said that “several credible sources” have told him that Detective Jarrett Tonn’s termination has been overturned in arbitration.

Published

1 day ago

September 27, 2023

Oakland Post

A billboard near Vallejo Police Department with a sketch of Sean Monterrosa and a message “Justice for Sean Monterrosa” unveiled on Sept. 27, 2020, in Solano County, Calif. (Harika Maddala/ Bay City News)

By Katy St. Clair
Bay City News

The officer who was fired for shooting and killing a man during George Floyd protests in Vallejo in 2020 could be getting his job back after prevailing in arbitration.

Tonn was dismissed from the Vallejo force after he shot Sean Monterrosa, 22, of San Francisco, outside of a Walgreens store on Redwood Street during the early morning hours of June 2, 2020.

The Vallejo Police Department has not commented on whether Tonn will return.

Tonn and two other officers were responding to alleged reports of looting at the store in an unmarked pickup truck. Body camera footage shows Tonn, who is seated in the backseat of the vehicle, stick an AR-15-style assault rifle in between the two officers and fire five times through the windshield at Monterrosa as the police vehicle approached the store.

Monterrosa died a short time later.

Vallejo police have alleged that Tonn fired at Monterrosa because he mistook a hammer in Monterrosa’s sweatshirt pocket for the butt of a gun.

The office of California Attorney General Rob Bonta in May 2021 opened an investigation into the shooting, but there have been no updates in that case and Bonta’s office will not comment on open cases.

Tonn was at first placed on administrative leave for the shooting death, but was fired in 2021 by then-Chief Shawny Williams, who determined that Monterrosa was on his knees with his hands raised when he was shot.

Rains, who has represented two other officers fired by Williams — and prevailed — said the reinstatement of Tonn was the right decision. Rains said Sunday that Tonn applied a reasonable and lawful use of force in the Monterrosa case, and that Williams was wrong to terminate him.

“This is just three for three now with Williams,” he said, referring to the now three officers that have gotten their jobs back. “It demonstrates what a colossal failure he was as a chief in every respect. I’m delighted for Tonn, it’s deserved.”

Rains did not represent Tonn in this case.

But others see Monterrosa’s shooting death as a dark stain on a department known for years of shootings by officers.

The law office of John Burris filed a civil rights suit against the city of Vallejo and its Police Department for Monterrosa’s death, citing alleged tampering with evidence and acting negligently by not reprimanding or re-training Tonn previously despite a “shocking history of shooting his gun at civilians.”

Burris’ office is no longer representing the case and the family is now represented by new counsel, John Coyle, with a jury trial scheduled for January 2025, according to court records.

Nevertheless, Burris commented Sunday on Tonn’s reinstatement, saying he was disappointed but not surprised at the move, because arbitrators in these cases are “biased” toward the police.

“Even though police may have committed in this case an outrageous act, it’s not surprising that that has happened, and it happens more times than not,” he said.

When asked if he was confident that Bonta would file charges against Tonn, Burris chuckled and said that he would wait and see.

“I would not hold my breath,” he said.

Tonn had previously shot three people over five years in Vallejo while on duty, none of which were found to have had firearms, a tenth of the 32 total shootings by the department in one decade, according to attorney Ben Nisenbaum.

Vallejo civil rights attorney Melissa Nold, who represents families of people killed by Vallejo police, said the decision to bring back Tonn had been in the works the minute he was terminated by Williams.

“Unfortunately, I am not surprised at this troubling turn of events because a whistleblower notified me last year via email that Tonn was working a deal to get his job back once they threatened and ran off Chief Williams,” Nold said.

Williams resigned abruptly last November. Williams was repeatedly criticized by the Vallejo Police Officers’ Association, the offices’ union, which had previously voted “no confidence” in him and blamed him for everything from attrition to high crime in the city. But advocates for the families of those killed by police said Williams had been making progress in cleaning up a department that had gained international attention for being violent. During Williams’ tenure, there were no police shootings after the Monterrosa death.

Nold places part of the blame on Tonn’s return on the city, which she said “made no effort” to support his termination. Nold said they are still expecting Bonta to file criminal charges against Tonn and there will be a push to get him decertified as an officer as well.

“He cannot ever go back out onto the streets of Vallejo,” she said. “The liability he would create by being here is astronomical, but sadly no one in the city attorney’s office is smart enough to understand and/or are too corrupt and rotten to care.”

In May, a Solano County judge found that the Vallejo City Attorney’s Office broke the law by deliberately destroying evidence in cases related to police shootings.

The city of Vallejo did not respond to a request for comment.

Members of the family of Monterrosa and their advocates are planning on showing up to the Vallejo City Council meeting on Sept. 12 to protest the return of Tonn, Nold said.

The family will also be holding a “Justice 4 Sean Monterrosa” press conference on Thursday at 11 a.m. at Vallejo City Hall, 555 Santa Clara St., Vallejo.