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Rough Ride? Lawyer Says Fatally Injured Arrestee Lacked Belt

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A protestor holds a sign outside of Baltimore's City Hall before a march for Freddie Gray, Thursday, April 23, 2015, in Baltimore. Gray died from spinal injuries about a week after he was arrested and transported in a police van. (AP Photo/Patrick Semansky)

A protestor holds a sign outside of Baltimore’s City Hall before a march for Freddie Gray, Thursday, April 23, 2015, in Baltimore. Gray died from spinal injuries about a week after he was arrested and transported in a police van. (AP Photo/Patrick Semansky)

JULIET LINDERMAN, Associated Press
CURT ANDERSON, Associated Press

BALTIMORE (AP) — No video captured what happened to Freddie Gray inside the police van where officers heaved him into a metal compartment after pinning him to a sidewalk. The cause of his fatal spine injury has not been revealed.

But a troubling detail emerged as hundreds of protesters converged on City Hall again Thursday: He was not only handcuffed and put in leg irons, but left without a seat belt during his trip to the station.

Unbelted detainees have been paralyzed and even killed by rough rides in police vans.” It even has a name: “nickel rides,” referring to cheap amusement park thrills.

Police brutality against prisoners being transported was addressed just six months ago in a plan released by Baltimore officials to reduce this misconduct. Department rules updated nine days before Gray’s arrest clearly state that all detainees shall be strapped in by seat belts or “other authorized restraining devices” for their own safety after being arrested.

Gray was not belted in, said attorney Michael Davey, who represents at least one of the officers under investigation.

But he took issue with the rules.

“Policy is policy, practice is something else,” particularly if a prisoner is combative, Davey told The Associated Press. “It is not always possible or safe for officers to enter the rear of those transport vans that are very small, and this one was very small.”

Commissioner Anthony Batts said there are no circumstances under which a prisoner should not be wearing a seatbelt during transport.

“He wasn’t wearing a seatbelt and that’s part of our investigation,” Batts told The Associated Press on Thursday. “It’s our responsibility to make sure people are safely transported, especially if their hands are behind their back.”

Batts also said another man who was in the van during the tail end of Gray’s ride told investigators that Gray was “was still moving around, that he was kicking and making noises” up until the van arrived at the station.

But Batts was careful to say that the investigation includes “everything the officers did that day.”

The Gray family’s lawyer, Billy Murphy, said “his spine was 80 percent severed” while in custody. It’s not clear whether he was injured by officers in the street or while being carried alone in the van’s compartment.

But if it happened on the way to the station, it wouldn’t be the first such injury in Baltimore: Dondi Johnson died of a fractured spine in 2005 after he was arrested for urinating in public and transported without a seat belt, with his hands cuffed behind his back.

“We argued they gave him what we call a ‘rough ride,'” at high speed with hard cornering, said Attorney Kerry D. Staton. “He was thrown from one seat into the opposite wall, and that’s how he broke his neck.”

Staton obtained a $7.4 million judgment for the family, later reduced to the legal cap of $200,000.

It also has happened in Philadelphia, where police in 2001 barred transportation of prisoners without padding or belts after The Philadelphia Inquirer reported that the city had paid $2.3 million to settle lawsuits over intentionally rough rides, which permanently paralyzed two people.

Gray fled on foot and was captured on April 12 after an officer “made eye contact” with him outside a public housing complex, police said. Videos show Gray screaming on the ground before being dragged, his legs limp, into a van. Witnesses said he was crying out in pain.

Kevin Moore, a friend of Freddie Gray’s who recorded video of his arrest, told The Baltimore Sun that police had Gray’s legs bent “like he was a crab or a piece of origami.”

Police procedures require officers to get immediate medical help if detainees need it, and to avoid aggravating any injury.

In Gray’s case, he repeatedly asked for help during the trip, but the driver instead diverted to another location to pick up another prisoner.

For the first time, the fire department released a timeline for paramedics’ response. Gray was arrested at 8:42 a.m. Paramedics received a call for an unconscious male at 9:26 a.m., Baltimore City Fire Department spokesman Captain Roman Clark said.

Medics arrived at the police station at 9:33 a.m., but didn’t leave for the hospital until 9:54, arriving roughly an hour and 20 minutes after his arrest. Clark didn’t say why it took more than 20 minutes to leave for the hospital once paramedics arrived.

“How did his injuries occur?” said Robert Stewart, a former chief who consults with police and the Justice Department on use of force. “These guys are picking up someone who is obviously injured.”

The driver also has a responsibility to refuse to take a seriously injured prisoner to the station if he belongs in a hospital, Stewart said.

“If I’m the officer in the wagon, if the guy’s hurt, I’m not taking him,” he explained.

All six officers involved in Gray’s arrest have been suspended with pay while under criminal investigation. Davey, whose firm is on contract with the Baltimore Fraternal Order of Police Lodge 3, said five of the six officers gave voluntary statements the day of Gray’s arrest, and one — he didn’t say who — declined to speak with investigators.

It’s quite common for prisoners to yell and complain, saying they’ve been injured or feel sick or that their handcuffs are too tight.

“You have to make a judgment call: is this a tactic, something to distract me?” said Lt. Luis Fuste of the Miami-Dade Police Department. “You’re taught that these things are often done with an ulterior motive.”

Yet Fuste and other law enforcement experts say rough rides aren’t typical, and aren’t worth the trouble to officers.

“Once he is a prisoner he is absolutely your responsibility,” said Peter Moskos, a former Baltimore officer who teaches law and police science at John Jay College of Criminal Justice in New York. “Even if there was no malign intent, even if there was no assault, he’s your prisoner. He goes into the wagon alive, he can’t come out dead.”

The Department of Justice is investigating whether Gray’s civil rights were violated, and an internal police investigation will be delivered by May 1 to the state’s attorney’s office, which will consider filing any criminal charges.

But some details have already been made public as authorities try to restore trust with a community demanding transparency and justice.

Commissioner Anthony Batts said Monday that officers repeatedly ignored Gray’s requests for medical attention before he was hospitalized in critical condition. “He asked for an inhaler, and at one or two of the stops it was noticed that he was having trouble breathing,” Batts said. “We probably should have asked for paramedics.”

___

Associated Press Writers Dave Dishneau and Jeff Horwitz contributed to this story from Baltimore. Anderson reported from Miami. They can be reached at http://twitter.com/Miamicurt, http://twitter.com/ddishneau and http://twitter.com/JulietLinderman

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Community

Asm. Corey Jackson Announces Launch of 24-Hour Childcare in His District

Assemblymember Corey Jackson has secured $2 million in state funding for a proposed childcare special district in Moreno Valley and Perris. This funding aims to establish a system providing 24-hour, seven-day-a-week childcare, which would be California’s first special district focused solely on childcare. The initiative seeks to address the area’s designation as a “childcare desert” and high costs for working families. The funding will cover startup, planning, and formation costs for the district. Read more about the specifics of this groundbreaking initiative.

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Assemblymember Corey Jackson (D-Moreno Valley). File photo.

Assemblymember Corey Jackson (D-Moreno Valley) has secured $2 million in state funding to launch a proposed childcare special district serving families in Moreno Valley and Perris, paving the way for a system designed to provide childcare 24 hours a day, seven days a week.

The Moreno Valley-Perris Childcare Special District would be the first special district in California focused specifically on childcare, according to Jackson’s office. The state funding will cover startup, planning, and formation costs and help the district meet requirements set by the Riverside Local Agency Formation Commission, or LAFCO.

The proposed district would coordinate a mixed-delivery childcare system that could include home-based and center-based care. The goal is to provide universal childcare for families who work overnight, early morning, or other nontraditional shifts.

Jackson’s office says Moreno Valley is a certified “childcare desert,” with licensed childcare spaces available for only 15% of children with working parents. Infant care in Moreno Valley averages $2,776 a month, or about 35.7% of median household income. In Perris, licensed infant care can cost more than 60% of an individual worker’s gross median earnings, according to the assemblymember’s office.

“Securing this $2 million in startup funding is a monumental victory for the working-class families of Moreno Valley and Perris who have been trapped in a childcare desert for far too long,” Jackson said.

The proposal follows Jackson’s unsuccessful effort to establish the district through Assembly Bill 2083. The legislation would have created the district as a dependent special district covering Moreno Valley, Perris and their spheres of influence, with Riverside LAFCO responsible for reviewing its formation and boundaries.

The new funding allows the district’s formation to move forward without requiring mandatory contributions from local school districts and other stakeholders, according to Jackson’s office. His spokesperson, Daniel Peeden, said Jackson hopes the district can be operating by 2028.

The proposal has faced questions from some local officials. Moreno Valley City Councilmember Ed Delgado, who is running against Jackson for the 60th Assembly District seat, said he supports affordable childcare but questioned how the proposed district would operate and how much it would ultimately cost.

“Basically, he didn’t have a plan. We didn’t see a plan,” Delgado said, adding that officials had questions about operating costs, insurance and eligibility.

“It’s going to take a lot more than $2 million to create a special district to provide affordable childcare,” Delgado said.

Delgado has suggested working with existing childcare centers to subsidize costs for local families rather than creating a new agency.

Jackson’s office says the program will lower barriers to “workforce participation” and reduce “affordability anxiety” for young families. This landmark District is poised to trigger a virtuous cycle of economic upward mobility and long-term regional prosperity in the 60th Assembly District, his office added.

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Black History

IN MEMORIAM: The Rev. Leon “Sonny” Clark, Longtime Orange County Pastor and Community Leader, Dies at 72

Rev. Leon William “Sonny” Clark, the longtime pastor of New Spirit Baptist Church in Santa Ana and a prominent faith and community leader in Orange County, passed away on September 9 at the age of 72. Born in Bennettsville, South Carolina, Clark was a U.S. Navy veteran who dedicated his life to service. He served various Southern California churches before leading New Spirit Baptist Church for over 22 years, extending his work into counseling, mentoring, and civic engagement, and supporting the African American community. To learn more about his life and contributions, read more.

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The Rev. Leon “Sonny” Clark. File photo.

Rev. Leon William “Sonny” Clark, longtime pastor of New Spirit Baptist Church in Santa Ana and a respected faith and community leader in Orange County, died Sept. 9. He was 72.

Born Oct. 2, 1953, in Bennettsville, South Carolina, Clark was a U.S. Navy veteran who later built a life of service centered on family, faith, ministry, and community.

Clark began his formal ministry at Metropolitan Baptist Church in Altadena in 1978. After acknowledging his call to ministry in 1980, he preached his first sermon and went on to serve churches throughout Southern California, including Second Baptist Church in Riverside, Mount Vernon Baptist Church in Rubidoux, Antioch Missionary Baptist Church in Pomona, and Friendship Baptist Church in Yorba Linda.

In November 2003, Clark was called to lead New Spirit Baptist Church in Santa Ana, where he served as pastor for more than 22 years. His work extended beyond the pulpit through counseling, mentoring, civic engagement, and efforts to strengthen Orange County’s African American community.

Clark served on the Orange County Heritage Council and supported efforts to preserve and celebrate African American history and culture. He helped organize the Orange County Black History Parade and Unity Festival, served on the Interfaith Committee and the Orange County Transit Authority, and served as president of the Orange County Ministers Conference.

In 2024, the City of Santa Ana recognized Clark for his contributions to the community. He also received the Orange County Southern Baptist Association Hall of Faith Award and was previously honored as Pastor of the Year by the Orange County Heritage Council.

Clark is survived by his wife, Andrea Joyles Clark; six children, Shawn Williams, Le Ondra Clark Harvey, Kyla Coward, Joshua Clark, Marissa Clark and Ashley Clark; grandchildren and great-grandchildren; siblings; extended family; and the New Spirit Baptist Church congregation.

A wake will be held Thursday, Oct. 1, from 4 to 8 p.m. at New Spirit Baptist Church, 701 S. Sullivan St. in Santa Ana, with a remembrance service from 5 to 6:30 p.m.

A Celebration of Life will be held Friday, Oct. 2, at Friendship Baptist Church, 17145 Bastanchury Road in Yorba Linda. Viewing begins at noon, followed by the service at 1 p.m.

Burial will take place Monday, Oct. 5, at 10:15 a.m. at Riverside National Cemetery.

Clark often shared a guiding principle that shaped his ministry: “Start where you are. Use what you have. Do what you can.”

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Economy

Poll: Becerra Widens His Lead Over Hilton; Californians Split on Wealth Tax

A new Public Policy Institute of California poll shows Democrat Xavier Becerra leads Republican Steve Hilton by 22 points in California’s governor’s race, with 60% of likely voters supporting Becerra compared to 38% for Hilton. The September survey also reveals Californians are closely divided on a proposed one-time tax on billionaires, with 52% of likely voters in favor of Proposition 40. Affordability issues are a major factor for voters. Read more to learn about the poll’s additional findings on voter sentiment.

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Democrat Xavier Becerra and Republican Steve Hilton.

Democrat Xavier Becerra holds a 22-point lead over Republican Steve Hilton in California’s governor’s race, while voters remain closely divided over a proposed one-time tax on billionaires, according to a new Public Policy Institute of California poll.

The September PPIC survey found that 60% of likely voters support Becerra, compared with 38% for Hilton. His lead is actually narrower than it was in July, when he led Hilton 61% to 36%.

Becerra leads among independent voters, with 57% supporting him compared with 38% for Hilton. Party loyalty remains strong, with 93% of Democratic likely voters backing Becerra and 92% of Republicans supporting Hilton. 

Hilton leads in the Central Valley, where 52% of likely voters support him compared with 46% for Becerra.

Affordability remains a major factor: 65% of likely voters say candidates’ plans to address cost-of-living issues are “very important” to their vote.

“Affordability continues to be top of mind for Californians when considering their choice for governor,” said Mark Baldassare, PPIC Statewide Survey director and Miller Chair in Public Policy.

The poll also found a narrow split over Proposition 40, a proposed one-time tax of up to 5% on taxpayers with assets exceeding $1 billion. Fifty-two percent of likely voters said they would vote yes, while 46% said they would vote no.

Support for the wealth tax varies sharply by party. Seventy-two percent of Democrats favor Proposition 40, compared with 46% of independents and 21% of Republicans.

Two competing measures also drew majority support. Fifty-one percent back Proposition 41, while 54% support Proposition 42, both of which could affect the wealth-tax proposal.

The findings come as Californians express broader frustration with the state’s political direction. Seventy-one percent of likely voters expect bad economic times in California over the next year.

“Californians are clearly grumpy and aren’t enamored with any particular political party or movement,” Baldassare said.

The survey interviewed 1,745 California adults, including 1,103 likely voters, from Sept. 4-10. The margin of error for likely voters is plus or minus 3.8 percentage points.

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