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

Published

5 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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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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EXCLUSIVE OP-ED: President Joe Biden Commemorating Juneteenth

BLACKPRESSUSA NEWSWIRE — “I’ve always believed that we need to be honest about our history, especially in the face of ongoing efforts to erase it. Darkness can hide much, but it erases nothing. Only with truth can come healing, justice, and repair.”

Published

2 days ago

June 20, 2025

admin

By Joseph R. Biden, Jr.
46th President of the United States: 2021—2025

The people of Galveston, Texas, have been commemorating Juneteenth since the Civil War ended. Yesterday, in honor of the 160^th anniversary, I went there to join them.

You can read about the events of Juneteenth, but there’s nothing quite like going to Galveston and seeing where it all happened.

After General Robert E. Lee surrendered at Appomattox Court House on April 9, 1865, Union troops marched across the South for two months, freeing enslaved people along the way. Their final stop was Galveston, an island off the Gulf coast of Texas. There, on June 19, 1865, Union troops went to Reedy Chapel, a church founded in 1848 by enslaved people, and posted a document titled simply “General Order #3.”

“The people of Texas are informed,” it said, “that, in accordance with a Proclamation from the Executive of the United States, all slaves are free.”

We can only imagine the joy that spread through Galveston – and across the state and nation – on that day and those that followed.

Yesterday, there was once again joy in Galveston, with a parade, picnic, and fireworks. There was also great solemnity, because Juneteenth is a sacred day – a day of weight and power.

The Book of Psalms tells us: “Weeping may endure for a night, but joy cometh in the morning.” Juneteenth marks both the long, hard night of slavery and subjugation, and the promise of that joyful morning to come.

As President, I had the great honor of signing the law declaring Juneteenth a federal holiday. It was our nation’s first new federal holiday since Martin Luther King, Jr. Day was created in 1983.

Our federal holidays say a lot about who we are as a nation. We have holidays celebrating our independence… the laborers who build this nation… the servicemembers who served and died in its defense.

And now, we also have a national holiday dedicated to the emancipation of enslaved Black Americans.

Signing that law was one of my proudest acts as President.

Yet for 156 years, Juneteenth was not written about in textbooks or taught in classrooms. Still today, there are those who say it does not deserve a holiday. They don’t want to remember the moral stain of slavery and the terrible harm it did to our country.

I’ve always believed that we need to be honest about our history, especially in the face of ongoing efforts to erase it. Darkness can hide much, but it erases nothing. Only with truth can come healing, justice, and repair.

I also believe that it’s not enough to commemorate the past. We must also embrace the obligation we have to the future. As Scripture says, “Faith without works is dead.” And right now, we Americans need to keep the faith and do the work.

In honor of Juneteenth, let’s help people register to vote.

For decades, we fought to expand voting rights in America. Now we’re living in an era when relentless obstacles are being thrown in the way of people trying to vote. We can’t let those tactics defeat us. In America, the power belongs with the people. And the way we show that power is by voting.

So let’s reach out to family, friends and neighbors – especially those who have never voted before. Remind them that with voting, anything is possible. And without it, nothing is possible.

Yesterday in Galveston, we gathered in Reedy Chapel to commemorate Juneteenth, just like people have done for 160 years and counting. We prayed, sang, and read General Order #3 again. The pews were full of families. How many people must have prayed for freedom inside those walls. How many must have sent fervent thanks to God when slavery finally ended.

I remembered the words of my late friend John Lewis. He said, “Freedom is not a state. It is an act.”

Juneteenth did not mark the end of America’s work to deliver on the promise of equality. It only marked the beginning. To honor the true meaning of Juneteenth, we must continue to work toward that promise. For our freedom. For our democracy. And for America itself.

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Cities Across the U.S. Shrink or Cancel Juneteenth Events as DEI Support Wanes

BLACKPRESSUSA NEWSWIRE — Across the country, Juneteenth celebrations are being scaled back or eliminated as public funding dries up and corporations withdraw sponsorship.

Published

3 days ago

June 19, 2025

Stacy M. Brown

By Stacy M. Brown
Black Press USA Senior National Correspondent

Across the country, Juneteenth celebrations are being scaled back or eliminated as public funding dries up and corporations withdraw sponsorship. In many communities, the once-growing recognition of the holiday is facing sharp resistance tied to the unraveling of diversity, equity, and inclusion efforts.

In Denver, Colorado, the annual Juneteenth Music Festival, one of the largest in the nation—was cut from two days to one. Organizers said more than a dozen corporate sponsors walked away from commitments, leaving them with a financial gap that almost canceled the event. Norman Harris, the festival’s executive director, said several companies “pulled back their investments or let us know they couldn’t or wouldn’t be in a position to support this year.” Harris credited grassroots donors and small businesses for stepping in when larger backers stepped aside.

In Colorado Springs, the local celebration was relocated to the Citadel Mall parking lot after support from previous sponsors disappeared. Organizers noted that where there were once dozens of corporate partners, only five remained. The downsized event was pieced together with limited resources, but community leaders said they refused to let the holiday go unacknowledged.

Scottsdale, Arizona, canceled its Juneteenth observance after the city council voted to dissolve its diversity, equity, and inclusion office in February. Without the office in place, the city offered no support for planning or funding, leaving residents without an official celebration.

In San Diego, the Cooper Family Foundation lost a $25,000 grant from the National Endowment for the Arts that had been earmarked for Juneteenth programming. Organizers said the decision forced them to personally finance key elements of the event, including cultural exhibits, performances, and youth engagement activities.

Bend, Oregon, called off its Juneteenth event entirely. Organizers cited political tensions and safety concerns, saying they could not secure the partnerships needed to proceed. A public statement from the planning committee described the current climate as “increasingly volatile,” making it difficult to host a safe and inclusive event.

West Virginia, which has recognized Juneteenth as a paid state holiday since 2017, will not sponsor any official events this year. State leaders pointed to budget constraints and recent decisions to eliminate DEI programming across agencies as the reasons for stepping away from public observance.

Austin, Texas, has also reduced its Juneteenth programming. While the city has not canceled events outright, organizers said diminished city support and fewer private contributions forced them to focus only on core activities.

“Thankfully, there was a wide range of support that came when we made the announcement that the celebration is in jeopardy,” said Harris. “But it shows how fragile that support has become.”

Stacy M. Brown

Posts by Stacy M. Brown

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Juneteenth and President Trump

BLACKPRESSUSA NEWSWIRE — Juneteenth is a day for African Americans in this nation to connect to their ancestry. It honors the end of slavery in the United States and is considered the longest-running African American holiday. The primary focus is freedom and the emancipation of enslaved people in the United States.

Published

3 days ago

June 19, 2025

Oakland Post

By April Ryan
BlackPressUSA.com Newswire Washington Bureau Chief and White House Correspondent

President Trump is set to proclaim the federal observance of Juneteenth as the White House is open for business on this holiday. The White House says the president will sign a “historic proclamation designating Juneteenth as a National Day of Observance, marking the 160th anniversary of General Order Number 3 in Galveston, Texas.” The declaration was that “all slaves are free.” This Trump proclamation, according to the White House, “will celebrate the Emancipation Proclamation, the Republican Party’s role in passing the 13th Amendment, and reaffirm the administration’s dedication to equal justice and prosperity for all.”

This proclamation comes as President Trump has denounced Diversity, Equity, Inclusion, and anything Woke. Juneteenth is a celebration of freedom from the tyranny of 250 years of slavery after the Civil War.

The Juneteenth celebration started when Union troops reached Galveston, Texas, and told the slaves that they were free on June 19, 1865, two years after the Emancipation Proclamation was created.

The Emancipation Proclamation, which is on display in the Lincoln Bedroom of the White House, was issued by President Abraham Lincoln on January 1, 1863. It established that all enslaved people in Confederate states in rebellion against the Union “shall be then, thenceforward, and forever free.”

Juneteenth is a day for African Americans in this nation to connect to their ancestry. It honors the end of slavery in the United States and is considered the longest-running African American holiday. The primary focus is freedom and the emancipation of enslaved people in the United States.

The Juneteenth federal holiday was signed into law by then-President Joe Biden on June 19, 2021. This Trump White House is in full swing today, with a press briefing by Karoline Leavitt, not taking the federal holiday off. Also, President Trump will receive an intelligence briefing in the morning and participate in a swearing-in ceremony for the U.S. Ambassador to Ireland.