Pubdate: Wed, 03 Nov 1999 Source: San Diego Union Tribune (CA) Copyright: 1999 Union-Tribune Publishing Co. Contact: PO Box 120191, San Diego, CA, 92112-0191 Fax: (619) 293-1440 Website: http://www.uniontrib.com/ Forum: http://www.uniontrib.com/cgi-bin/WebX Author: Kelly Thornton PUNISH COPS, CHIEF URGED Most Black Leaders Reject DA'S Findings On DuBose Killing African-American leaders demanded yesterday that San Diego Police Chief Dave Bejarano punish the two officers who fatally shot former professional football player Demetrius DuBose, and they angrily dismissed the district attorney's finding that the shooting was justified. "The Urban League joins the rest of the African-American community in denouncing the legal lynching of another African-American citizen," said John W. Johnson, president of the Urban League. "When will the killings of our black sisters and brothers cease?" While most black leaders assailed police and District Attorney Paul Pfingst, San Diego City Councilman George Stevens, who is African-American, said yesterday that he agreed with the district attorney that police were right in shooting DuBose, who was preparing to attack them with their own martial arts weapons during a July 24 confrontation in Mission Beach. Stevens said he does not believe that race was a factor in the incident, but he questioned the level of force used by the officers, who shot DuBose 12 times, including five times in the back. "I do not feel it was necessary for the officers to continue to shoot him once he fell to the ground . . . ," Stevens said. "In this case, DuBose was immobilized and they continued shooting." Bejarano said yesterday that the number of shots fired was not excessive. "Training teaches that you shoot to stop the threat," he said. "The shooting occurred within two to 21/2 seconds; that's the time they had to make the determination. I support the findings of the district attorney that the officers acted correctly." Pfingst yesterday defended his decision, announced Monday. "We stand by our investigation, supported by the facts and the eyewitness accounts," he said. The shooting of DuBose, 28, a former Notre Dame football star who was drafted in 1993 by the Tampa Bay Buccaneers and played four seasons, immediately sparked allegations of racism and led to a series of protests. Another march is scheduled for Friday. Police and most witnesses said DuBose was shot after he resisted arrest, wrestled with officers, grabbed their nunchakus and lunged at them. DuBose had cocaine, the drug ecstasy and alcohol in his system when he died, according to a toxicology report. Stevens, saying race did not play a part in the shooting, was a lone voice among African-American leaders. "There's not one piece of evidence that these officers shot Mr. DuBose because he's black," Stevens said. "This man whipped the officers. How can you put it into a racial context? He just whipped them. You've got to cooperate with police. If there's an outcry, let it be about the procedure, not about race." Stevens said DuBose's behavior led to the fatal confrontation. "You cannot reject the police when they question you . . . ," Stevens said. "You just don't say, 'Go to hell; I don't want to answer.' "You have to obey the law." Other African-American leaders vehemently disagreed. "I think it's the duty of the police involved in the investigation not to allow a scenario to develop that results in the shooting of an unarmed, innocent man," said H.J. Sims, president of the Earl B. Gilliam Bar Association. "It was the way they conducted that investigation that allowed it to escalate out of control." Attending a news conference with Sims were representatives of the Urban League, the National Association for the Advancement of Colored People, the Black Contractors Association, the Coalition of African- American Organizations, the San Diego Youth and Adult Coalition and the Association of African-American Psychologists. African-American leaders initially had questioned why DuBose was shot in the back. Stevens, who conducted his own investigation, offered an explanation: He was first shot in the chest, and this caused him to fall to his knees and then double over, exposing his back to the other bullets. Police said this scenario is possible. Black leaders did not mention this issue yesterday, instead focusing on the events that led to the shooting. Several of the activists said Officers Timothy Keating and Robert Wills, who are white, allowed racial stereotypes to influence their actions, particularly when they made judgments that a calm DuBose was dangerous and on PCP. The officers came to that conclusion simply because of DuBose's color, the leaders said. The leaders also questioned why the officers insisted on handcuffing DuBose, who walked and then ran from the officers to avoid being restrained. The officers were called to investigate a burglary in progress. The call was made by DuBose's neighbor, who had found DuBose asleep in his upstairs bedroom. DuBose's roommate was trying to smooth things over with the neighbor when police arrived. "It should not have escalated from that point to where he was killed," said Randa Trapp, president of the San Diego chapter of the NAACP. Sims called on Bejarano to fire the officers, saying, "If they lose their job, that may create an atmosphere in the Police Department that will make them understand we will not be stereotyping people in ethnic communities." Johnson, of the Urban League, stopped short of calling for firings but said the chief must be held accountable. "Chief David Bejarano didn't do the shooting but is responsible for their conduct in the field," he said. "He must provide assurances that some type of consequences ensues for these men." Several criticized the district attorney for repeatedly declining to prosecute police. "The DA, in justifying all of these killings, is in effect giving license to kill," said Carrol Waymon, president of the Association of African-American Psychologists. Abdur-Rahim Hameed, president of the Black Contractors Association, said African-Americans expect confrontation when approached by police. "How can African-Americans trust justice in the city of San Diego when being black is a police policy to shoot first and justify later?" Hameed said. "We would think that African-Americans would be better off shooting it out than being shot down in cold blood, letting the jury decide if a citizen was acting in self-defense." To allow the community to discuss the case, Bejarano plans an open meeting from 6 to 8 p.m. today at O'Farrell Community School at 6130 Skyline Drive in South Encanto. Bejarano said he expects to receive recommendations within two months from police Internal Affairs investigators, who will determine whether the shooting fell within department policy; and from the internal shooting review board. "We are going to take a look at what, if anything, can we do differently, whether it's policy or training or tactics or the hiring and selection process," the chief said. Two years ago, Pfingst cleared Keating of wrongdoing in another case in which he fatally shot a drunken man who rushed at him waving four knives, said Gayle Falkenthal, a spokeswoman for the district attorney. Bejarano has said the department pays close attention to officers who have multiple complaints or shootings in their record, though he did not make specific comments about Keating. The Coalition of African-American Organizations has obtained permits to march down Broadway in what sponsors are billing as a "peaceful protest." The march is set for 1 p.m. in front of police headquarters. It will end in front of the downtown courthouse. - --- MAP posted-by: Jo-D