Posted on 11/15/2011 7:59:50 AM PST by marktwain
Bakersfield police said Monday they will not release the surveillance video that captured the fatal shooting of two men at an east Bakersfield market, and explained their decision to arrest the market owner and his son late last month.
"Obviously we felt we had probable cause to make the arrest," police Sgt. Mary DeGeare said. "We respect the decision of the D.A.'s office, and we realize they have expertise on what is prosecutable and what is not."
Police had arrested Samrith Vong, 50, in late October on suspicion of two counts of first-degree murder in the shooting deaths of David Lyons and Efrem Wandick. Vong's son, Chamna Vong, was arrested on suspicion of being an accessory.
Chamna Vong posted bond and was released, and Samrith Vong was released a few days later when the Kern County District Attorney's office sent the case back to police for further investigation.
On Friday, District Attorney Lisa Green announced no charges would be filed in the case, and that Samrith Vong killed Lyons and Wandick in self-defense. Family members of the killed men, and numerous others who had protested outside the Central Cali Market and Grocery since the Oct. 18 shooting, were stunned by the news.
Some questioned how police and prosecutors could view the same evidence so differently.
DeGeare said it's the job of police to determine whether there's probable cause to make an arrest. Once the case is sent to the D.A.'s office, it's up to prosecutors to determine what charges are appropriate, she said.
"I think (police) investigators, once they interviewed all the witnesses and investigated evidence at the scene, felt there was enough information to support an arrest and conviction of the men for those charges," DeGeare said.
As to certain information Green talked about Friday that police hadn't previously released, including that Lyons had threatened to kill Vong and his family, DeGeare said police are limited in what they're able to release to the public regarding an ongoing investigation. And she said it's up to prosecutors, not police, to determine self-defense.
DeGeare added that it's not unusual for prosecutors to decline to file charges after an arrest has been made.
The additional information requested of police when the case was sent back to them included toxicology reports on Wandick and Lyons, a copy of Samrith Vong's 911 call and a transcript of Samrith Vong's interview with police.
DeGeare said that police submit a written report of the investigation as a whole when they send a case to the D.A.'s office. Transcripts of interviews aren't routinely requested, and it often happens that prosecutors will send investigations back asking for something detectives hadn't thought of including, she said.
The market remained closed Monday, and Samrith Vong's attorney, Bobby L. Cloud Jr., said the family is staying at an undisclosed location because they're afraid for their safety.
DeGeare said police are not releasing the video because they believe it will endanger the safety of the people involved.
The surveillance video was crucial in the decision to not file charges. Green said Friday that the video clearly shows Samrith Vong acted in self-defense for himself and his family.
Green said Lyons, 24, entered the market at 11:20 p.m. Oct. 18 and tried to bargain over the price of a soda. He and store employees argued, and Lyons implied he had a gun and threatened to kill Samrith Vong and his family.
The altercation turned physical, and as Samrith Vong and Chamna Vong fought Lyons, Wandick entered the store, Green said. Wandick, who outweighed Samrith Vong by 80 pounds, beat Vong while Vong was on the floor and fractured his cheekbone.
Samrith Vong then pulled his gun and shot Wandick, 41, in the chest, Green said. Lyons, who had left the store, came back in and advanced on Vong, who shot him in the head.
Green said she and a group of prosecutors she gathered to examine the case were unanimous in their decision that Vong acted in self-defense.
Mary McMillon, a cousin of Wandick's, said she and the rest of the family want to see the video for themselves. She said they're upset by the D.A.'s decision and they're seeking an attorney.
Living in Cali can be hazardous to those who protect themselves. Why anyone would choose to live in that liberal hell is beyond me.(apologies to all the FReepers who do)
I see your point. But then in the 1/1000000 chance my family member would be in this, I’d like to think I’d have the guts to make a bit of noise about it, and try to see the video for myself.
I’m sure the video is as they say. But I can imagine as a family member I would have my doubts.
I would expect more of this in the future...
Why anyone would choose to live in that liberal hell is beyond me.
We can’t let the sob’s win we have to stand our ground and end the mess the progressive have caused.
denial ain’t just a river in Egypt
Too bad you have to let the trash mighty near kill you before you can.
Why anyone would choose to live in that liberal hell is beyond me.
...uhhh, Bakersfield is the Kern Co seat and has tons of Okies and Texans from oil fields and cotton. Also known as the Nashville West capital of country music (Buck Owens and the Bakersfield sound) and is pretty conservative! Far from SF, but overrun with illegals. jus’ sayin’
ymmv
Is the security video the property of the Police or the market?
If it belongs to the market the police should return it and it should be up to them to determine what to do with it.
Based on the DA’s description of what happened, it sounds like the police handled the situation completely incompetently.
"Obviously we felt we had probable cause to make the arrest," police Sgt. Mary DeGeare said. "We respect the decision of the D.A.'s office, and we realize they have expertise on what is prosecutable and what is not."
My only question is this: How in the hell did this bimbo graduate the academy and THEN make it through training and finally get promoted?
Yep, this is pure police incompetence.
They enabled a false perception of guilt of the property owners and seriously endangered the entire family and other shop owners by enabling the criminal mob instead of arresting them.
Mary, you might not like what you see on the tape.
I’ll give the benefit of the doubt to the police, here. When they arrive on the chaotic, fresh scene, they find two dead guys, and the apparent shooter with a broken cheekbone that obviously needs hospitalization.
In the moment, the only thing the police can do is secure the scene, and arrest anyone alive to prevent anyone from taking off or destroying evidence, or conspiring to concoct a cover story with each other. Any crowd will have to be kept back and only the Medical Examiner and his team given entry. As well as any witnesses thoroughly screened.
Once the living blurt out their stories, if there is an admission that the shooter shot two people, he almost has to be arrested, because of the likely determination of the ME of homicide, and the admission of the probable cause of homicide.
Truthfully, it is usually a long time before the police can assemble evidence, and then all they can do is guess if it is prosecutable, and if it might be, to forward the assembled evidence to the DA’s office.
Even the video surveillance will not tell the whole story, so at this point all the police can do is find out if what they have done is enough.
If Sgt. Bimbo felt the need to issue a statement, it would have been sufficient to say something like this:
Our Department's officers conducted a thorough investigation and submitted the results of that investigation to the District Attorney's Office and the DA's Office made a determination not to file charges.
My biggest problem with her statement is this:
"I think (police) investigators, once they interviewed all the witnesses and investigated evidence at the scene, felt there was enough information to support an arrest and conviction of the men for those charges," DeGeare said.
She is talking about FIRST DEGREE MURDER, punishable by the death penalty. I suggest she re-read PC 187 and pay attention to the part where they talk about malice aforethought.
PC 187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
I wonder if Sgt. Bimbo were on her back, and someone fractured her face if she thought that using her gun would subject HER to the death penalty.
The police have the authority to secure the scene, exclude unauthorized persons, gather evidence with official support, detain subjects of interest, interview subjects of interest on the scene or at secure official locations, and issue a preliminary report, without arresting anyone on charges.
The cops took the easy and lazy way rather than the Constitutionally correct just way.
This is completely undefendable, if it were, the cops would eagerly release the video showing the "evidence" of the murder justifying arrest.
You don't understand, the law is what the cop says it is, not what is Constitutionally passed by the legislature, signed by the executive, published by the secretary of state, and printed in the penal code.
You obviously don't understand authority.
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