Update: Your input on Eureka’s “big decision” just became more urgent

Update to yesterday’s post:

Sources are telling us now that City Manager Greg Sparks will be making the decision on the replacement for Chief Mills very soon. We also hear while he plans to consult with the Council he’s going to present them with his choice rather than hear suggestions from the council. They will, of course, have to ratify his choice, but it much harder to say no to a singular choice.

The Examiner strongly urges it’s readers to also contact the City Manager as well as their Council Representative. Urge them strongly to avoid the huge mistake of naming Brian Stephens Police Chief or even interim Chief. 

A DECISION WITH BIG IMPLICATIONS FOR THE FUTURE OF EUREKA AND YOUR PERSONAL SAFETY

Whether you’re a community member who thinks Andrews Mills has been great for Eureka or you’re like the Examiner staff who thinks he been wreaking havoc on local law enforcement, his campaign to replace himself as Police Chief with the despicable thug Brian Stephens ought to seriously grab your attention! Stephens, who has a very checkered past, is the guy Mills promoted from Sergeant to Captain shortly after he presided over the negligent killing of Tommy McClain.

The Examiner has been getting lots of tips from inside EPD about the abrupt departure of Mills to Santa Cruz. For the most part, officers have been happy to see Mills and his “used car salesman” leadership will be gone.  However, looming large for everyone who’s reached out has been the view that Chief Mills is set on having Captain Brian Stephens take his place as interim chief.

On Wednesday, July 19th Mills will be having a somewhat odd “Going Away Reception”(?).  There’s speculation at the Police Department that the “Reception” is going to be when Mills starts his full court press for his chosen successor, Captain Brian Stephens.

This should be a very scary thought for Eureka.  Not the least of which was his very questionable leadership (or really lack thereof) in the Tommy McClain murder which the city was found liable in.  We’ve said it before but Eureka can’t forget, if not for Stephens lack of leadership Tommy McClain would be alive today.

Previous post on this topic:

THE SAME SUSPECTS AND FAILED POLICIES THAT RESULTED IN THE WRONGFUL DEATH OF TOMMY MCCLAIN ARE AT THE CENTER OF TUESDAYS CRAZY SHOOTOUT!

TOMMY MCCLAIN: STILL WAITING FOR JUSTICE

But what does Eureka really know about Stephens?  Not much is publicly known, most of the info we’ve been receiving is from officers on the inside who know about all the cover-ups that have gone on at EPD.   Here’s some of the history from the information we’ve received about the lowlights of Stephens career:

Brian Stephens is a Southerner born in Kentucky, a conservative Christian who loves bourbon.  After working as a military policeman, Stephens moved from Kentucky to start his career as a police officer.  Stephens was hired at EPD in the late 90’s.  Stephens was hired around the same time as another infamous EPD Officer, Rodrigo Sanchez.  Within no time Stephens and Sanchez were BFF’s.

“We’re EPD and we kick ass”

The notorious Sanchez and Stephens’s team got quite a reputation on the street and within EPD.  They were feared on the street by citizens and suspects because of their heavy handed tactics and abuse.  They were liked by the “old guard” because they “kicked ass and took names”.  To this day, Stephens and Sanchez are best friends and would do anything for each other, including always covering up for their routine excessive use of force.

When promoted to Captain, Stephens touted his time at the Drug Task Force and as a Field Training Officer.  However, according to EPD employees, Stephens was in both those positions with a dark cloud around him.  As an FTO, there were accusations that he had inappropriate relations with a female trainee.  Along with that, Stephens was having sexual relations with a firefighter’s wife who caught Stephens in bed with his wife.  The firefighter was apparently upset, and Stephens pulled out his gun and allegedly threatened the firefighter and even reportedly pistol whipped him.  These incidents and others have been swept under the rug because of Stephens connections to the Old Guard at EPD (it should also be noted that the two officers at the center of the current Department of Justice investigation of the Coroner’s office, Frank Jager and then Dave Parris ran the detectives bureaus during Stephens early career).

After the alleged problems with female trainee’s and other people’s wives, Stephens was “promoted” to the Drug Task Force which consequently would keep him away from the female employees at EPD for awhile(kind like a priest getting moved to another parish).  Stephens took part in seizing property from drug dealers, so it should be interesting to see he gets caught up in the Department of Justice investigation surrounding Coroners Department.

Since Stephens was promoted to Captain, EPD has lost approximately 70% of their senior patrol officers to other agencies, and many of those officers left because of Stephens poor treatment of those he supervises.

Hopefully, the City Manager and City Council will look into who would be the best fit for the interim Chief position at EPD.   Mills wants as his parting gesture to promote a good ol’ boy from Dixieland, booze lovin’, bible thumpin’, gun pullin’ philanderer!

Is that what the citizens of Eureka want….we’d don’t think so!

Call or Email your council representative know as soon as possible to insist that Manager Greg Sparks block this move by Chief Mills

Marian Brady – 1st ward (707) 441-4169 mbrady@ci.eureka.ca.gov

Heidi Messner – 2nd  Ward  (707) 441-4168  hmessner@ci.eureka.ca.gov

Kim Bergel – Ward 3  (707) 441-4170 kbergel@ci.eureka.ca.gov

Austin Allison – Ward 4 (707) 441-4167 aallison@ci.eureka.ca.gov

Natalie Arroyo – 5th Ward  (707) 441-4171 narroyo@ci.eureka.ca.gov

Advertisements

2 thoughts on “Update: Your input on Eureka’s “big decision” just became more urgent

  1. There’s a lot that the public was never told about the murder of Tommy McClain. For instance, he never got into a argument with the kid in the black truck. I myself have read the kids statement, and he said Tommy never said a word to him. And I also went to the trial, and that was what the whole entire trial was based on, that Tommy got in a argument with that kid. So that’s why they approached Tommy in the first place. That and they said he had a gun. Not true. First off if your a cop and your hiding in the back of a cemetery..how in the world could you hear an argument, then see a gun…and hear the sound of a gun being racked? I’m pretty sure officer McElroy doesn’t have superpowers, but yet the jury believed him. Probably because the kid in the black truck…nobody saw his statement…because if they did…then I’m pretty sure that the outcome of that civil trial…would have led to criminal charges. But now the the trail is over, Tommys family have been given “the box” . And in it is the truth. This family I love as my own. And they Will never give up..until the truth about that night comes out. And that will be soon. But until then…no body is safe, in the city of Eureka Ca. Nobody.

    Liked by 1 person

  2. No Justice, No Protection, just a Promotion

    IF only everybody knew what really happened.
    The night Tommy died the officers were under the control of Sgt. Stephens,

    The police claim Tommy had a confrontation with a person that drove up driving a dark colored ford truck. there was no a confrontation between the drive and Tommy.to justify such a concern.
    The events reported were inaccurate and misleading.

    During the trial Sgt. Stephens sat with Linfoot at the defense table. I watched Stephens texting on his cell phone, most of the time holding his phone in his lap just under the table. I couldn’t help but to think that he must have thought the rules of the courtroom did not apply to him or he was above any consequences.
    I have always admired and respected law enforcement. The death of Tommy has not changed that. Unfortunately, I assumed that all officers are honest so the ones that are not don’t take their position very seriously. The officers illegal and unethical actions were a state violation of Tommy’s individual constitutional rights, law-enforcement are here to protect us not jeopardize our lives.

    The night Tommy was killed, the officers operational plan was based on an unreliable tip Stephens received from some girl walking down the street late at night. Stephens was the first officer to confront Tommy. Tommy and my son Josh Mottern and his wife Nikki had just got dropped off at home after celebrating Josh’s birthday. Yes” Josh and Tommy had some drinks while they were out but they did the responsible thing and made arrangements to have a designated driver. Stephens pulled up on Tommy in the dark, it was after midnight he started yelling and pointing his gun at Tommy as he was standing up on his porch, posting to Facebook, his Facebook timeline shows him texting at 12:25am thanking Nikki for a good time and again at 12:27am. He was shot at 12:30am. Stephens stated as he commanded Tommy to “Come Down Here Now” and “Put Your Hands Up” Stephens claimed Tommy showed resistance, but Tommy did not, he put his hands up, stepped off the porch and started walking down to the officer. Just because Tommy was asking, “what’s going on?” “why are you doing this to me?” “what did I do?” Questions are not acts of resistance.
    In Linfoot statement he describes the encounter as a fishing expedition. It’s my belief the officers provoked and instigated the altercation with McClain. The officers actions were unprovoked and lacked provocation.
    Linfoot said everyone out there was saying the same thing, there was no conflicting demands being made which he knows can confuse the situation. It was very specific “Keep Your Hands Up” Stephens, Harkness and McElroy backed up his story. Harpham asked… where was Thomas located? Linfoot answers, He was just walking in a straight pathway off of the porch, he just continued to walk straight. “Linfoot states he was comfortable with Tommy’s actions he was doing what he was instructed to do.

    So Tommy demonstrated several acts of compliance.
    Officer Linfoots actions were excessive and performed with a deliberate indifference to the circumstances. Law enforcement officers must take into account the totality of the circumstances. The objective factor is to determine the reasonableness of force. Tommy McClain did not provoke a fight, there wasn’t a warrant for his arrest, he wasn’t wanted for any contravention or malefaction, he did not attempt to resist or evade apprehension. Tommy was cooperative and responded to the verbal commands, I can provide a photo to show the length Tommy walked as Stephens commanded Tommy to “Come Down Here Now” the photo shows a significant distance and a willingness to comply.
    EPD’s Senior Detective Ronald Harpham, who lead the investigation, arrived shortly after the shooting. Upon his arrival, he secured the scene, took15 photographs and gathered the evidence, I can provide the 15 photographs that Harpham took. 3 of which show Harpham inside a Stephens vehicle in the attempt to retrieve the BB gun Stephens said he placed on his floorboard. There is no photograph taken of the replica, there is no photo taken as Harpham exits the vehicle, there is no photograph taken of the replica at the scene at all. However, I have 5 photos showing a replica purchased from Amazon and the receipt confirming that purchase. Detective Harpham, and investigator Kirkpatrick knocked on the door to Tommy’s residence, said they wanted to speak to Corinna Ward, who also witnessed the shooting, once inside Harpham asked if Tommy had a room there, is it secured or locked said he needed to put security tape on the room to seal it, he opens Tommy’s door to his room, said he was just going to make sure no ones in there but instead Kirkpatrick and Harpham entered Tommy’s bed room. Then they came out secured the door and said they would be back with a warrant. I have a Recording audio to prove this. Meanwhile as the warrant is being prepared at the DA’s office. A examination of a replica gun is being conducted at the EPD.
    Kirkpatrick report states, that a search of the room and telephone, described in Exhibit 1A, will reveal the items sought, as listed in Exhibit 1B, that they will provide evidence of the event reported “Despite the Lapse of Time”. “The items listed in the search warrant will confirm and back up the officer’s statement.
    A few hours later the warrant was issued, I have attached a copy of the 3 page warrant, along with other numerous items listed, the second page clearly states they are searching for a replica BB gun, toy gun etc, a clip for a replica was discovered during the search.
    Kirkpatrick’s statement and the search warrant leads me to believe Tommy didn’t have a BB gun in his waistband when the officers confronted him. Furthermore, Tommy wouldn’t have reached for the replica gun, especially when he would have known it was only an inoperable toy. 
    The police officers patrol vehicles are equipped with Watch sentinel surveillance system, albeit it does not show the accrual shooting Tommy is up in his yard out of the camera’s view. The video taken from Sergeant Stephens car will show, Linfoot barreling around the corner from the west side, he jumps out of his quad car pulls his firearm and points it in the direction where Tommy McClain was standing. The audio from Linfoot’s car has confirmed all the officers simultaneously yelled conflicting commands such as get down, get down hear right now. Tommy slightly lowered his hands and hesitated but quickly bringing them back up again as the officers yelled even louder “keep your hands up, “keep your hands up, . The last commands heard on the audio is the voice of officer Linfoot yelling “Get Down” and another officer yelling “stop.”stop”. During trial Mr. Galipo asked Linfoot if he recognize the voice that yelled “Get Down” Linfoot stated he believed it was his voice he heard.

    Under seven seconds of The initial contact Linfoot starts to shoot. I have the photos to showing stray bullet holes going through a wooden fence and hitting the a neighboring apartment The officers actions clearly fall below the standards of decency and good faith rightly required of all public law enforcement. Linfoot’s statement alone, it is clear officers actions was based on subjective fear when he used deadly force ending the life of Tommy James McClain. Officer Linfoot grossly overreacted violating Penal Code Section 835A that establishes the use of force.
    During the investigation officer Linfoot was placed on administrative leave pending the out come of the DA’s findings. I have a couple photos showing officer Linfoot standing with a team of EPD officers, the other photo show Stephens with his arms out as they reenact the shooting using a 3D analyzer crime scene device.

    Mills concluded that the utilization of force was justified and dismissed all inopportune police conduct. But the investigation was predicated on fallacious information that was propitious to his officers and the department. The outcome of the investigation was reached from a plenarily partialness conclusion by consummately ignoring the facts that the officer’s own temerarious or deliberate conduct during the initial contact with Tommy unreasonably created a situation, that evidently ended the life of Tommy.

    EPD Ronald Harpham labeled the death of Tommy justified homicide. A mistake is never justified and Linfoots intentions to shoot Tommy on the ground was not a mistake. Tommy’s death certificate says, he was in a altercation but all he was doing was standing outside in his yard. 

    When it comes to these types of situations standing against the wrongdoings of law enforcement is more important then defending them.
    Tommy might have been only one individual but a community is made up of individuals. When police officers or elected officials abandon or abuse their power, we are all put in danger. 
    Stephens might not have killed Tommy but he knows Tommy did not reach for a weapon tucked in his waistband. Tommy McClain was command to “Get Down” and the reason the word “Here” can not be heard is because Linfoot did not say it. You can how ever hear the words “Stop” Stop” Incriminating Tommy for dropping his hands is a ridiculous excuse.
    Sergeant Brian Stephens certainly lacks integrity by not coming forward, he completely disregarded any concern for the Publics Safety.
    All elected officials, have the ability to do what is right and what’s expected of them, Eureka City’s Council has the same ability. This is not an isolated instance, there’s a serious threat to the welfare and safety to the people in Eureka. The Mayor who is a former EPD officer has not taken a stand to protect the people in the community. Members of the city’s council you have a responsibility to act within the scope of your authority, On the 19th i hope that a responsible decision is reach for the safety of all people in the community.

    Liked by 1 person

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s