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Report Reveals Shooting Death of Joshua Pawlik by OPD Could Have Been Prevented

Published

6 years ago

August 27, 2020

Oakland Police Department on 7th and Broadway. Photo by Michelle Snider

Before George Floyd, Breonna Taylor and countless others were killed by police this year, Joshua Pawlik was killed by the Oakland Police Department (OPD) on March 11, 2018.

Pawlik lost his life that night under circumstances that would eventually lead to the Oakland City Council agreeing to pay Pawlik’s family $1.4 million in April of this year.

More than two years after Pawlik’s death, a 54-page report on the shooting was released on August 17, 2020. A summary of the report and a timeline of follow-up events is below.

A passerby who was walking his dog on 40^th Street in Oakland called 911 at 6:15 p.m. and reported that Pawlik was unresponsive, lying between two homes and possibly may have had a weapon.

Pawlik a 31-year-old white homeless man from San Francisco, was initially described as a “light-skinned male” by police dispatchers.

Officer Josef Phillips, first at the scene, arrived at 6:19 p.m. and reported to the OPD Communications Division that Pawlik had a semiautomatic handgun in his right hand and was “. . . either sleeping or unconscious, or possibly intoxicated or under the influence of narcotics.”

Other officers and supervisors arrived at the scene and blocked traffic and a BearCat (specialized armored police vehicle) also arrived.

A camera was placed on the BearCat and captured Sgt. Francisco Negrete, officers William Berger, Brandon Hraiz and Craig Tanaka firing their AR-15 patrol rifles — 22 shots in 2.23 seconds — as Pawlik began to awaken and move.

Phillips fired a “less than lethal shot.”

Pawlik was pronounced dead at the scene at 7:13 and had been handcuffed.

The five police officers were not disciplined immediately at the time because Oakland Police Chief Anne Kirkpatrick, the first woman to head the OPD, said they did not act improperly. They were eventually fired in 2019 but reinstated because the Oakland Police Commission violated the open meeting laws.

As reported by Zack Haber in a story published in The Post on March 15, 2019, the Coalition for Police Accountability (CPA) called for the firing of Kirkpatrick.

Oakland Mayor Libby Schaaf, who hired Kirkpatrick in January 2017, joined the seven-person OPD commission in voting unanimously to fire Kirkpatrick without cause on Feb. 20, 2020,

In May, Kirkpatrick filed a federal whistleblower suit against the City of Oakland, claiming her firing was retaliation for exposing the Oakland Police Commission’s corruption and abuse of power.

“The March 11, 2018, Shooting of Joshua Pawlik by Oakland Police Officers: A Report of the Monitor/Compliance Director,” was released. Retired Chief Robert S. Warshaw is listed as the author and monitor/compliance director.

The report recounted the killing of Pawlik by “. . . 22 bullets fired by four officers as he gained consciousness, with a handgun by his side, in a residential neighborhood of Oakland. One officer fired seven times; another six times; another five times; and another four times . . .”

“Deaths of the disenfranchised—be they people of color, those affected by mental illness, or those experiencing homelessness—at the hands of the police are a stain on our national character.”

(The Washington Post has created a national log of fatal shootings by on-duty police officers since 2015. To date, more than 5,000 shootings have been logged.)

The report concluded that Pawlik’s right hand was on the ground when the shooting began and concurs with OPD, which acknowledged “ . . . that the on-scene Commander was not sequestered at the scene, nor was he interviewed on the night of the incident.”

The report also found that former Chief Kirkpatrick “… failed to question and correct the numerous deficiencies and omissions in the investigation prior to finalizing and forwarding the report to the District Attorney’s Office.”

Based on that report, on March 6, 2020, the D.A. declined to prosecute the case against OPD.

Schaaf told Warshaw that Pawlik’s shooting was “awful but lawful”.

In conclusion, the report stated that “Joshua Pawlik’s death, as well as many others, mostly Black and Brown, who have died at the hands of the police, are to be counted among those that do. (Referring to Schaaf’s ‘lawful but lawful’ statement.) The brutality of Joshua Pawlik’s death; the incompetence and dishonesty in its aftermath; and the failure, thus far, for it to result in real change, debase us all.”

“ . . .[T]he burden for finding the path forward still rests principally with the City of Oakland and its Police Department. The death of Mr. Pawlik could have been avoided if the officers involved had responded differently. The officers had other options; the supervisors and commanders had authority to provide on-scene direction and oversight. They all failed.”

Finally, the report points out lessons to learn: “[t]he Oakland Police Department must prevent officer-involved shootings like the one that killed Joshua Pawlik. The Department must have the courage, commitment, and cadre of leaders with an unwavering willingness to hold to account those sworn to uphold the law. Most importantly, the City of Oakland and its Police Department must demonstrate that they can establish and maintain community trust in the absence of Court Supervision and monitoring.”

The report suggests using the resources of the Negotiated Settlement Agreement (NSA) to set the “ . . . conditions for Constitutional and effective policing, and provide direction toward best practices in the field.”

The NSA was established in 2003 in response to a lawsuit against OPD over misconduct.

The NSA requires police reforms in several areas, including internal affairs, supervision of officers, police use of force, training, personnel practices, and community policing.

The report also cites The Oakland Police Commission as, “ . . . an important voice for police reform at a time when it is clearer than ever that a police department cannot function without the support of, and oversight by the community it is presumed to serve.”

Michelle Snider

Associate Editor for The Post News Group. Writer, Photographer, Videographer, Copy Editor, and website editor documenting local events in the Oakland-Bay Area California area.

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NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury

Philadelphia Eagles quarterback Jalen Hurts found Darius Cooper with nine seconds left for the game winning touchdown as his team beat the Tennessee Titans 24-20 in Nashville. Hurts finished the day 26/37 for 264 yards. He threw for two touchdowns and two interceptions. Prior to the final drive, the Eagles ran 25 plays for 45 […]
The post NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury appeared first on BlackPressUSA.

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Hurts said to Simmons after today’s game: “You started that sh**. I had to finish it.”

Running back Saquon Barkley suffered a stinger in the first half but he ultimately finished the game. He had four carries and nine yards and one catch for eleven yards. He will get an MRI for his injury, but admitted to Cameron Wolfe of the NFL Network he was fine.

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Williams finished the day with 138 passing yards and one interception.

“I’m actually happy it’s nothing with the knee — that was my first inclination,” Johnson said. “But, a hamstring could be pretty damaging as well. So, we’ll see. We’ll see how bad it is tomorrow and we’ll go from there.”

Bryce Young once again dominated the Falcons

Carolina Panthers quarterback Bryce Young is 5-1 against the Atlanta Falcons and is undefeated at Mercedes-Benz Stadium. Today, Young threw for 287 yards and three touchdowns as he led the Panthers to a 34-3 dismembering of the Atlanta Falcons. Georgia Tech alumnus Darren Waller caught two touchdowns and linebacker Devin Lloyd returned one of his two interceptions for a touchdown.

Cooper Rush started his second straight game for the Falcons and it did not go well. The partisan crowd voiced their displeasure after Rush completed 10/17 passes for 86 yards and two interceptions. Jack Strand entered the game for Rush prompting cheers from the Falcons fans. The rookie threw a pick-six on his first career pass attempt. Strand was the first QB to accomplish that feat since Sam Darnold in 2018 and is the first Falcons player to do that since Brett Favre in 1991. Strand finished the day with 59 passing yards and 16 rushing yards.

According to reports, quarterback Michael Penix, Jr. is expected to make his season debut this Thursday at the Green Bay Packers. His return should help the Falcons. They are the first team since the 2008 Rams to not run any plays in the red zone after the first two games to open a season.

The bright spots for the Falcons today were the Spelman College Jaguarettes performing with the Falcons cheerleaders and Florida A&M’s marching band, The Marching 100, also performed during halftime!

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Daniels suffered a dislocated elbow to the same arm during week nine of last season against the Washington Commanders, which led to him being shut down for the remainder of the season.

The post NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury appeared first on BlackPressUSA.

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The post The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win appeared first on BlackPressUSA.

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Negotiation framework stages, tactics, and winning strategies from AutoNetwork

Roosevelt Gist and Roosevelt deliver the complete vehicle-purchase negotiation framework in Episode 8 of The Color of Our Money Is Green. This episode covers the three foundations of every effective negotiation, the full seven-stage negotiation sequence with exact language for every stage, and five of the most common dealership tactics with the specific response each one requires.
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“The Color of Our Money Is Green: A Buyer’s Guide to What Cars Actually Cost” — stan.store/RGist
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AutoNetwork helps serious car shoppers inspect any new vehicle online before walking into a dealership. I’m Roosevelt — I’ve been reviewing cars and shaping digital car buying and credit union auto leasing since before YouTube car reviews existed.
You’ll find detailed walkaround reviews, POV test drives, and buyer-focused breakdowns covering comfort, space, features, and real-world value.

How to use the channel:
Watch the walkaround of the car you’re considering
Visit AutoNetwork.com for the full review
Check CouponsOffersAndDeals.com for current dealer specials
Walk in already knowing what you want — and what it should cost

AutoNetwork.com
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Affiliate disclosure: some links earn a small commission at no cost to you and help support the channel. Insta360 is one of those partners.

The post The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win appeared first on BlackPressUSA.

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The post Mazda CX-90 Luxury: Heated Seats & Premium Comfort! #shorts appeared first on BlackPressUSA.

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