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Police kill unarmed Black youth

Justice for James Rivera!

Published Aug 6, 2010 11:10 AM

James Rivera would have been 17 years old on July 23, and the community barbecue and potluck held that day should have been in celebration of his young life. Instead, it was a gathering to mourn the young man, who was gunned down by Stockton, Calif., police in the late morning of July 22, and to strategize to win justice against this latest police killing of a young person of color in California.


James Rivera

According to official reports from various news sources in California, cops began pursuing Rivera at around 10:30 a.m. on July 22, alleging that the vehicle he was driving had been stolen in a carjacking the day prior. The family says that Rivera had bought the minivan.

The family also says that cops visited their home early that morning with guns drawn demanding to know Rivera’s whereabouts. Family members say that cops threatened to kill him and said that they would be attending his funeral — this after pointing their weapons at an 11-year-old boy in the home.

It is claimed that Rivera was pulled over later that same morning and released, and that cops began pursuit following the release.

The pursuit led to a high-speed chase into a north Stockton neighborhood, where Rivera’s van crashed into a fence and was rammed by a cop car. The van was wedged into the garage of a triplex home.

Cesar Prakash, a friend of Rivera who witnessed the shooting, said, “[Rivera] hit the mailbox and garage. They said, ‘Get out, get out,’ and then just shot him. I saw [a] dude empty his 9-millimeter. They didn’t have to do all that. He was already subsided.” (The (Stockton) Record, July 24)

Many witnesses were outraged at the shooting and stated that cops didn’t give the young man time to get out of the vehicle.

The cops involved — Officers Eric Azarvand and Gregory Dunn, and Sheriff’s Deputy John Thomas Nesbitt — reported fearing for their lives because the vehicle was revving up and reversing, though no witnesses reported seeing the vehicle reversing. Footage of the accident shows the van thoroughly wedged into the garage.

However, ScanStockton.com, a website that reports on police, fire and emergency scanners and by all appearances appears to be pro-cop, says that the cops called out, “Shots fired. ... We have shots fired.”

Between the police traffic on the scanner and the official reports of the van going in reverse, both of which events witnesses claim didn’t happen, it would seem that the police made up their mind to use deadly force.

Many there at the time of the shooting report having heard at least 30 shots fired, all coming from the cops. In fact, Rivera was unarmed and no weapon was found in the van or anywhere on the scene.

Charles Moore, who lives in the triplex with his girlfriend and their four children said, “All my kids could have been shot. All my kids’ lives were in jeopardy.” (The Record, July 24)

Ricardo Reyes, who also lives in the triplex with his partner and their children, said, “Was that van really worth that boy’s life?” Reyes’ partner, Tina Sherrill, said of the cops, “Now we fear them.” (The Record, July 28)

According to witnesses, the cops pulled the young man from the van, slapped him on the face and left his body on the ground. They report that the ambulance arrived and left without any sense of urgency, not bothering to use the sirens.

The family and community are outraged at this latest incident, claiming it is another unjust killing of a young person of color. The barbecue was just the beginning of a long organizing campaign. On July 27, 100 people showed up to protest inside and outside of a city council hearing.

Rivera’s aunt, Carmen Smith, told The Record, “The same day we were planning his birthday, we found out we got to get ready for a funeral. We need justice. Something is empty in our heart, and it’s never going to be full.” (July 28)

Joe Pinasco also showed up at the city council hearing in support of Rivera’s family. His son, Joey Pinasco, was killed with six shots to the head by California Highway Patrol officers.

All the families of police brutality victims, the survivors themselves, community members, activists, progressives and militants stand with the family in this long fight for justice and an end to a brutal system that destroys so many lives, especially of young people who were denied a chance to develop into adulthood.