Fallen Hero Officer Rich May: Suspect Takes the Stand

Rich's dad blogs about the suspect's surprise testimony in court today.

Alvarez Admits on the Stand that he Shot Officer May, followed by EXECUTION style shots while Officer May was on the ground

The Murderer of Officer Richard May took the stand on Thursday. There was no defense of his actions. He admitted to the killing of a police officer. He spoke clearly about his full time job – a drug seller. But spoke vaguely about his killing of Rich. He spoke about his sale of meth during the morning and what he ordered to eat at the taqueria that afternoon. Alvarez knew he had a thousand dollars in his pocket. But could not explain how he stepped up to Rich on the ground and fired shots again – in execution style.

We know from the evidence that Alvarez fired first and fired several times. Rich was able to get his gun out and fire one shot as he fell backward, hitting Alvarez in the leg.

Alberto Alvarez did his best to look meek and quiet on the stand. He amazingly stated that Rich shot first, hitting him in the leg. Then he described how Rich simply stood there pointing his gun at Alvarez doing nothing while Alvarez fired many times in “self defense”. The prosecutor, Steve Wagstaffe, spent three hours showing the jury that Alvarez lied about everything he described.

My opinion of the surprise placement of Alvarez on the stand – the defense had nowhere to go but up. The defense team was looking for a sympathetic juror. To date, the defense has been very weak in their attempt to save Alvarez from the death penalty. Alvarez was coached well before he took the stand. He was quiet, and continued to say that he could not remember much.

The second witness of the day was the defense’s Use of Force “expert”. This “expert” stated that in his opinion, Rich should not have tried to stop Alvarez in the manner that he did. We do not know what words were exchanged between Alvarez and Rich during the short period that Alvarez (an armed Felon) was running from Rich, and then turned on Rich with his gun, and then firing. The prosecutor, Steve Wagstaffe, had the “expert” admit that his knowledge of the use of force was limited. In addition, the “expert” witness admitted that he was fired from his last job as Police Chief in a small town in Washington State, for cause. A key reason was a full vote of Non Confidence by the police and city personnel. It seems that he is not really an expert – but a person the defense had to go far to find to support their opinion. Probably the most damaging statement from the “expert” witness for the defense was when he admitted his first report to the defense attorneys stated that Rich “probably” used the wrong choice of force in attempting to stop Alvarez. Once the Defense team reviewed the report, it was returned and changed by the “expert” to state that Rich “did” use the wrong choice of tactics. Amazing – for an “expert”. This witness returns on Monday morning for further questioning by Wagstaffe.

Posted by Richard May, Sr. at 2:04 PM

Bits & Pieces 11/13/09

SM Times: Pot farm could be tied to homicide

"A roughly 5,000- plant marijuana garden discovered earlier this year in the mountains above Santa Barbara could be connected to a homicide, the Santa Barbara County Sheriff’s Department said Thursday.

Sheriff’s narcotics detectives were investigating the disappearance of Jesus Omar Villa of Fresno when they discovered the marijuana garden, and several suspects allegedly operating and maintaining the grow, according to sheriff’s spokesman Drew Sugars.

Detectives have learned through unspecified means that Villa was helping maintain the pot farm when he died, and might have been the victim of a homicide...."

Noozhawk: Santa Barbara Sheriff’s Detectives Make 17 Arrests in Narcotics Investigation
Daily Sound: Sheriff's detectives unravel major drug operation



SM Times: Officer's killer testifies he feared for his life

"...Alvarez was the first witness called to the stand for his defense Thursday, and his testimony was a surprise to relatives, police officers and other onlookers in the courtroom.

Appearing gaunt and tired in a light-blue, button-down shirt, Alvarez admitted that he was carrying a gun to protect himself while selling drugs in East Palo Alto that day but said he only returned fire at the officer because he feared for his life.

“I first heard the gunshot and then felt the bullet rip through my leg,” Alvarez testified, at times speaking so softly that the court reporter asked him to repeat his words.

After May’s bullet hit him in the leg, Alvarez said he used his left hand to pull a gun from his waistband and fired several rounds at the officer. He tried to get away through the back of the driveway but said he couldn’t because he was hurt.

Alvarez testified that he then went back toward May and fired one or two more shots at the 38-year-old father of three girls. Alvarez said he

didn’t shoot at 16-year-old Explorer Marco Marquez, who had been on a ride-along with May and was crouching by the police car, because “he didn’t do nothing to me — he’s just a kid.... ” '

Palo Alto News Online: Defense expert: Officer May broke rules (the expert was also fired for cause when he was a COP - click on link to read entire article)

"...Taylor followed his testimony, saying May had no just cause to stop Alvarez under state and federal law.

Alvarez did not fit the description of the assailant in the taqueria fight, Taylor said.

A police dispatch call clearly noted the perpetrator was a Hispanic male, 22 years old, and wearing a black jacket and no shirt, said Taylor, a former Los Angeles Police Department police use-of-force policy trainer and retired Washington state police chief.

Alvarez was the same age as the perpetrator and wore a black jacket, but he wore two shirts, Taylor said after viewing surveillance videos taken the day of the incident.

The officer had a "clear identifier" that excluded Alvarez from the suspect profile, Taylor said.

"On a Saturday afternoon in January to see somebody wearing a black jacket and no shirt would stand out. It would be key," he said.

U.S. Supreme Court decisions have established an officer cannot detain a person simply for running away. Gut instincts are not reasonable causes, he said.

"There must be a reasonable cause for a lawful detention -- a set of articulable facts. ... Officers have to be able to articulate a set of facts that led that (officer) to believe a person was involved in a crime," he said. Those facts must be able to stand up under review, he added.

May also violated city ordinance and police policy when he struck Alvarez from behind twice with an ASP, an expandable metal baton, Taylor said.

The East Palo Alto Police Department has an escalation-and-continuum policy, which spells out the proscribed actions an officer should take in relation to a suspect's behavior, he said.

The use of a metal baton, considered a defensive weapon, is only to be used if a suspect is assaulting the officer, he said.

"When someone is running away, is that assaultive?" Eric Liberman, defense attorney, asked.

Taylor said it was not.

"Even assuming there was a lawful detention there was no justification for using the ASP and striking Mr. Alvarez in the back," he said.

Taylor's testimony starkly contrasted with the prosecution's expert, David Rose. Rose testified he considered running away resistance and therefore subject to the use of a baton.

"I understand what Mr. Rose said when he said running away is resisting -- that's active resistance. (But) it's different from being combative," he said.

An ASP can be displayed to get a resisting suspect to cooperate, he said. But "as a use of force, to use (it) to strike a person when fleeing, is not appropriate and is not in accordance with policy," he said...."

Ventura County Star: Simi police officer cleared (and lawyers wonder why they get a bad rap?)

"A trial that lasted three weeks ended Thursday when jurors reached a verdict in about two hours in a civil case involving a Simi Valley police officer accused of negligence when his patrol car seriously injured a pedestrian.

The 12 jurors voted unanimously that Sgt. James Buckley wasn’t negligent.

“I am just glad the truth came out. It is still an unfortunate circumstance,” Buckley said outside the courtroom.

The plaintiff, Mark Weiler, 28, was asking for millions of dollars as damages in his lawsuit, which named Buckley and the city of Simi Valley as defendants. Weiler is in a wheelchair after being struck by the patrol car two years ago.

The plaintiff’s lawyers argued in the civil trial in Ventura County Superior Court that Buckley was not paying attention to the road because he was deeply absorbed in the details of an incident that had happened two hours earlier...."

Independent: Free Legal Advice for Students Busted While Partying

" “Keep your mouth shut” was the theme of the evening at the November 10 meeting held at Embarcadero Hall in Isla Vista, to provide information to students who were arrested or received citations on Halloween. In light of the more than 1,000 citations and arrests over Halloween weekend in Isla Vista, the event aimed to provide important information to students at a rate faster than one-on-one advice allows...."

Fallen Hero Officer Rich May: Prosecution Rests

The blog has been following the murder trial of Officer Rich May (formerly of LOPD) who was murdered in the line of duty in East Palo Alto. Rich's dad has been keeping a blog about the trial; he has a motor home parked at the courthouse and attends almost every day, the one exception being when the autopsy photos were shown.

The blog encourages everyone to read Rick May's blog (Officer Rich May Murder Trial) because here is a family grieving about their loved one lost in the line of duty and the emotional toll that it takes.

San Jose Mercury News: Prosecution rests in Officer Richard May murder trial


The Santa Maria Times is also following the trial:

Colleagues remember ex-Lompoc officer killed in line of duty

Teen recalls night when officer was killed

Bits & Pieces 11/12/09

Had to take a break for family emergency (the blog really appreciated the emails from regular readers).

Without trying to catch up on all the miscellaneous missed Bits and Pieces, the blog will highlight a few items of interest to the readers:

• RUMOR MILL: Heard around Halloween that Sheriff Bill Brown was seriously considering a run against Mrs. Capps for Assembly. I was a little taken aback by that and questioned the source as to why Sheriff Brown would even consider running against that particular political legacy (especially since Hannah Beth Jackson wants that 22nd Congressional District seat also, not to mention Mrs. Capps would like to bequeath her electoral seat to her daughter). That would be a most difficult campaign to run, not to mention financing (it’s the economy, stupid), because of the name recognition of Mrs. Capps and her solid Democratic credentials. Personally the blog doesn't put much stock in this rumor at the moment.
  

• The blog was asked if it thinks Bill Brown will be a one-term sheriff? IMHO, Brown will be uncontested this election cycle. Rumors may be swirling about who would likely run against Brown but no formal opposition candidacy has been declared thus making this question a moot point. The Independent ran an article about Sheriff Brown ( Interview with Sheriff Bill Brown ) in which Brown states he's met, to the best of his ability, all the campaign promises he made. Whatever - but funny how Shawn Terris's name keeps popping up.

• Shawn Terris - in the blog's humble opinion this could be a sleeper issue that could potentially be Sheriff Bill Brown's equivalent of former-Sheriff Jim Anderson's "Bitch Slap" Sheriff's Council implosion. (Daily Sound:Former county employee files wrongful termination suit, Noozhawk: Former Employee Sues County for Wrongful Termination)
  

• DA Race - haven't heard much except that the candidates are making a list and checking it twice on who is supporting who within the walls of the DA office. Many are hoping it doesn't get ugly........
  

CHP Officer Jarrod Martinez Memorial Service

SM Times: Hundreds salute fallen officer

Four years ago, Jarrod and Trisha Martinez exchanged wedding vows in the Sunken Garden behind the Santa Barbara Courthouse.

With that special memory in mind, Trisha Martinez selected the Sunken Garden as the site of a memorial service Wednesday for her husband, a Santa Barbara-based California Highway Patrol officer who was killed Oct. 29 in an on-duty motorcycle crash in Los Olivos.

The garden was a sea of uniforms Wednesday afternoon, as CHP officers and other law enforcement personnel were a prominent presence among the hundreds who turned out for the funeral.

Two Santa Barbara County fire engines parked facing each other on Anapamu Street next to the Sunken Garden, an area which was blocked off to traffic, and an American flag was draped between the raised ladders of the two engines.

A large photo of Martinez, his wife and their 4-year-old daughter, Julia, all looking happy, sat near the podium.

A caravan of law-enforcement vehicles and family members of Martinez traveled to the service from the Earl Warren Showgrounds, and back to the showgrounds for a reception following the funeral.

CHP officers were the speakers at the service, giving at times tearful remembrances of Martinez as a man who loved being a CHP officer and was good at it.

The officers offered condolences and support to Martinez's family.

"Jarrod was a proud member of the highway patrol, and the highway patrol was equally proud (of) Jarrod," said CHP Commissioner Joe Farrow.

Martinez, 30, who lived in Buellton, was driving home on his 1998 Honda after testifying in a traffic-court appearance in Santa Barbara, when he was thrown from his motorcycle after braking hard to avoid a collision with a 2009 Porsche driven by Curtis Seymour Smith, 68, of Solvang, according to the CHP.

Martinez landed in the roadway, and was struck and dragged underneath the car on Steele Street at Foxen Canyon Road, the CHP said. Martinez was riding his personal motorcycle, but was on duty when he died, according to the CHP.

He joined the Santa Barbara office of the CHP in 2008 as a new academy graduate.

No criminal charges have been filed in the crash, which remains under investigation by the CHP's Coastal Division Multidisciplinary Accident Investigation Team (MAIT).

Farrow offered condolences to Martinez's family during his eulogy.

"I can tell by the bond of the family you have here, you will get through this together," he said.

Farrow said that Tricia Martinez had told him she was happy her husband did a job he desired to do.

"This is what he wanted. This is his dream," he said.

"There was so much more that awaited him," Farrow added.

Capt. Jeff Sgobba, commander of the Santa Barbara CHP office were Martinez worked, sang "Amazing Grace" while playing guitar earlier in the ceremony, and later spoke about the young officer.

Sgobba said he remembered Martinez having a big smile as a new officer at the Santa Barbara CHP office last year.

"He reminded me of a puppy who wags his tail so hard his whole hind end moves," he said.

Martinez had limitless potential as a CHP officer, Sgobba said, but was also blessed in his personal life.

"Jarrod's untimely death has left an indelible mark on the Santa Barbara area command," Sgobba said.

CHP Officer James Studebaker, who was paired with Martinez on night shifts, said his friend was a "loyal, honest, brave and kind man" who met challenges head-on.

"With his personality that was larger than life, it was impossible to be upset with him," Studebaker said.

His voice breaking with emotion, Studebaker said, "I am honored and blessed to have worked alongside him."

At the conclusion of the service, taps sounded and three World War II-vintage military planes zoomed overhead in salute.

Law-enforcement officers stood saluting as Martinez's family members walked by and into a limousine to go to the reception.

In Remembrance of Our Fallen Heroes

CHP Officer Jarrod Martinez

EOW: October 29, 2009

CHP Officer Jarrod Martinez of Buellton was driving home on his 1998 Honda motorcycle after testifying in a traffic-court appearance in Santa Barbara. Martinez took evasive action when a Porsche cut a corner into his lane of traffic, and braked hard to avoid a collision, which caused him to be thrown from his red motorcycle. The Porsche then struck Martinez and dragged him under the undercarriage for about 45 feet. Martinez died at the scene.

Santa Barbara County District Attorney Investigator
Santa Barbara Sheriff’s Department Mounted Unit
Laura Cleaves
EOW: May 1, 2008

Senior Investigator Laura Cleaves was killed when her department vehicle was struck head-on by a drunk driver on Highway 154, near the intersection of Highway 246. She was returning to Lompoc from Santa Barbara when the incident occurred shortly before midnight.

The drunk driver, who was fleeing a California Highway Patrol officer at the time of the crash, was taken into custody following the incident.

Lompoc Police Agent Chris Kies
EOW: January 12, 2007

Kies, 38, died Jan. 12 as a result of an accidental overdose of prescribed pain medication that he was taking due to injuries he sustained from an on-duty traffic collision in 1998. Officer Kies was a 12-year veteran of the Lompoc Police Department.

East Palo Alto Police Officer Rich May (formerly of LOPD)
EOW: January 7, 2006

Officer Richard May was shot and killed when he responded to a disturbance call.Officer May responded to the corner of University Avenue and Weeks Street at approximately 1630 hours. When he arrived, he observed several men fighting. As he approached the group, one of the men fled. Officer May attempted to stop that male, when the suspect turned around and opened fire with a semi-automatic handgun, killing Officer May. The suspect fled on foot, but was apprehended later that night. The suspect, a documented gang member, was found with a bullet wound to his leg, that had been inflicted by Officer May before he died.

A 14-year-old police explorer was participating in a ride along with Officer May at the time of the incident, but was not injured.Officer May was a US Marine Corps veteran and had served with the East Palo Alto Police Department for 18 months. He had previously served for 13 years with the Lompoc Police Department.

Santa Maria Police Officer Robert Ramos
EOW: October 30, 2003

Officer Ramos was killed by an apparent accidental discharge of his firearm while preparing for his shift as a motorcycle officer. The round entered Officer Ramos’ abdomen causing fatal injuries. Officer Ramos was 52 years old and joined the Santa Maria Police Department in January 1984. He served as an undercover narcotics officer and most recently as a motorcycle officer. Officer Ramos is a recipient of his department’s Distinguished Service Award.

CHP Officers & Partners Rick Stovall and Britt Irvine
EOW: February 24, 1998

Officers Rick Stovall and Britt Irvine, partners on graveyard shift, were responding to a possible truck accident on mountainous State Route 166 east of Santa Maria. Rain and fog made visibility poor. Their route took them along the Cuyama River, swollen by recent storms. A huge section of roadway had been chewed away by the raging river and their patrol car plunged 20 feet into the torrent. When dispatch lost radio contact, CHP and allied agencies began to search. It wasn't until the next morning that a CHP helicopter crew found the Patrol car, upside down, buried in silt, with only the tip of one wheel visible. Officer Stovall, 39, was an 18-year veteran of the Highway Patrol and the son of retired CHP Officer R. B. Stovall. Officer Britt Irvine, 40, had served 15 years with the Highway Patrol.

Sonoma Sheriff's Deputy Frank Trejo (formerly LOPD)
EOW: March 29, 1995

Deputy Frank Trejo was shot and killed while checking on a suspicious vehicle in a parking lot. Deputy Trejo was working on the midnight shift when he noticed the vehicle in a parking lot of a store. As he approached the vehicle he was struck with a shotgun blast and killed. Two suspects were later arrested. The shooter was sentenced to death.

CHP Officer Loren Scruggs
EOW: April 23, 1971

Officer Loren D. Scruggs, 35, had stopped a car for a registration violation when another driver parked across the road and approached him to ask directions. While Scruggs was answering his questions, the young man suddenly pulled a gun and shot the patrol officer. The killer fled but was found later - a suicide. Scruggs was a nine-year veteran of the CHP and had served his entire career in Santa Maria, where he had also attended high school and college.

Santa Barbara Police Officer H. Thomas Guerry
EOW: January 13, 1970

On the evening of January 13, 1970, a trio of felons had crossed the United States from Baltimore, Maryland, robbing and beating victims as they made their way west. Two of these men were brothers, Bruce and Franklin Bowersox. Aside from the robberies they committed, they had failed in two other attempts to kill a man in New Mexico and another, a parking lot attendant in downtown Los Angeles. The Los Angeles man was spared from death in a parking garage when Bruce Bowersox's gun misfired.

When the trio arrived in Santa Barbara on January 12, 1970, an associate of the Bowersox brothers turned himself in to a California Highway Patrol Officer confessing of a robbery plan in the city. The CHP notified the Santa Barbara Police Department. Detective Tom Guerry and his partner were given the assignment to check out the information and take whatever action they felt necessary.

While driving on Chapala Street, the detectives noticed the two wanted men walking in the area of Ortega Street and Bradbury Avenue. As they approached the intersection the Bowersox brothers, split apart from one another and began to walk back to each side of the front of the police vehicle. As the detectives stepped from their vehicle, the Bowersox brothers opened fire with handguns, fatally wounding Detective Guerry. His partner returned fire and wounded Bruce Bowersox in the shoulder.

Frank Bowersox was arrested at the scene. Bruce Bowersox fled, but was soon captured.

Guadalupe Police Officer Samuel Sanchez
EOW: April 13, 1969

Officer Sanchez was transporting two prisoners to the jail in Santa Maria when his vehicle was struck by a vehicle being operated by a drunk driver. Officer Sanchez had served with the Guadalupe Police Department for four years.

Santa Barbara CHP Officer Frederick Wales
EOW: February 7, 1943

Officer Frederick Wales was patrolling on his motorcycle when he spotted a speeding motorist. Wales initiated a high-speed pursuit of the speeder, but lost control of his motorcycle and crashed.

Santa Barbara Police Officer Henry F. Evans
EOW: October 22, 1940

Officer Henry Evans responded to a vehicle collision near the intersection of Bath Street and Carrillo Street. As he arrived he found a man with a broken back. Officer Evans agreed to go to the hospital in the ambulance to console the frightened victim. As the ambulance approached the nearby intersection an oil tanker veered across the lanes in an attempt to avoid the emergency vehicles. The ambulance careened into the side of the tanker causing the truck to roll over. All occupants, including Officer Evans were killed.

Fallen Hero: CHP Officer Killed In Motorcycle Crash

It is with a sad heart that the blog adds another Fallen Hero to its Santa Barbara County list of peace officers that have lost their lives in the performance of their duties.

As today is All Souls Day, please pray for all the families of those who have fallen and especially for the families of CHP Officer Jarrod Martinez who died in the collision and Officer Richard May (formerly of LOPD) whose murder trial in East Palo Alto resumes today.

Santa Maria Times: Fallen CHP officer remembered as 'model of dedication'

"A 30-year-old California Highway Patrol officer killed in a motorcycle accident in Los Olivos was remembered by colleagues today as a young man whose career was maturing into a model of dedication to public service. The fatal crash occurred Thursday as Officer Jarrod Martinez of Buellton was driving home on his 1998 Honda motorcycle after testifying in a traffic-court appearance in Santa Barbara..."

Independent: CHP Officer Killed in Motorcycle Crash

" California Highway Patrol officer Jarrod Martinez died while on-duty in a traffic collision near Los Olivos on Thursday, October 29, just two days prior to his one-year anniversary of graduating the academy..."