Nov 25, 2014

"Before Prop 47...we had a law, we had a tool, now we don't"

The most interactive session at the EPD police and private summit and the one with most questions was the presentation by ADA Kelly Neel and her fellow presenters Eureka City Attorney Cyndi Day-Wilson, EPD homeless liaison Pamlyn Millsap and Detective Josh Siipola.

Ms. Neel opened her remarks saying, "Most of my morning is spent reviewing in custody police reports to decide what to charge."

"What makes my job easier is the reports with the most fact gathering, the most description, the most information."

She gave an example of mall security giving the police officer a detailed description of a domestic violence report. "Most people do not realize how often you deal with such incidents."

Ms. Neel explained that with the passage of Prop 47, some crimes that were previously charged as felonies are now misdemeanors. "Before Prop 47, if you had someone chronically coming in, chronically stealing, chronically causing a ruckus, we had a law, we had a tool, now we don't."

Ms. Neel talked about the realities of Prop 47 and the effect realignment has had on laws and probations which affects what the courts "can do or not do."

Ms. Neel commended event coordinator Karen Albin and Eureka Police Chief Andy Mills for this opportunity of outreach. Due to the work and court schedule, she said the DA's office cannot get out as often to do outreach and get feedback and get input.

"About 54 people commit 40% of the crime," was a statistic shared by Ms. Day-Wilson. This list is provided by the City Attorney to EPD. "If I see names once or twice, they are infractions; if I see names more often, they are misedemeanors."

This was a fact that was only mentioned by DA candidate Elan Firpo, the only candidate who was working in the DA's office and having experience with what both Ms. Neel and Ms. Day Wilson shared.

Ms. Day-Wilson said she is the chief legal adviser for the City and the City's prosecutor. She explained she can only prosecute violations of city laws; violations of the Eureka Municipal Code and not Penal Code violations.

Sleeping, camping, open container issues are addressed by laws and a "complaint driven system."

Ms. Day-Wilson mentioned stay away orders that the Court issues for businesses that have had problems and repeated problems with individuals. I have seen them granted in court. Often, these offenders have other, more serious criminal charges with the DA's office. She also mentioned civil harrassment orders if threats had been made and civil remedies. If these orders are violated, EPD can arrest the person.

Ms. Millsap mentioned a state training coming up that will deal with resources and information on how to diffuse situations with individuals. "Substance issues seem to be oneof the biggest problems," she said, referring to bothmental health and transient issues.



This information is also most helpful to the public. Sharing a four hour conference does not do justice to the excellent presentations and recreating the context. Lot of people complain and judge. Commenting and complaining is easy. 

When the public conference is presented show up and sharing these posts is one positive way to address issues.


3 comments:

  1. Thank you Mr. Chiv. This is much to take in and it is good you have made the effort to provide this for us.

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    Replies
    1. Thank you MOLA for your comment. As you said there is a lot to take in and that is one reason I didvnot include more. There was a comment by the city attorney where she stated jail is not sometimes the best solution. The other by Det. Siipola.

      Another comment where Chief Mills talked about denying request by Walmart staff to arrest peaceful protestors.

      Except for two TV stations who briefly came and got their 30 sec soundbyte, there was no NCJ, no LOCO and no TS.

      Delete
  2. Thanks, John. Where can the public find out about these meetings ahead of time?

    ReplyDelete

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