Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

San Jose city manager moves to fire cop involved in videotaped beating

December 21, 2010 by David Shirley

Sean Webby, 12/21/10

Rejecting a more lenient recommendation from the San Jose Police Department, City Manager Debra Figone is moving to fire a cop for using “unnecessary and unreasonable” force during a secretly videotaped 2009 arrest of a Vietnamese college student, the Mercury News has learned.

The department had recommended veteran Officer Kenneth Siegel be suspended without pay for raining more than a dozen baton blows on Phuong Ho, an aspiring actuary studying at San Jose State. Acting police Chief Chris Moore said Tuesday that the decision was made by chief Rob Davis, who recently retired. Moore would not specify the length of the recommended suspension.

But in a rare move, Figone’s office sent an official notice this week that the city instead intends to take Siegel’s badge away for good, multiple sources told the newspaper, for “failing to properly assess the situation” and “using poor officer safety tactics.”

Figone also has decided to assess a harsher penalty for another officer involved in Ho’s arrest. Davis had recommended a letter of reprimand for Officer Steven Payne Jr. for reasons including not having his baton that day. Figone increased that to a weeklong suspension, sources said.

The issue is far from over.

Both officers, who were not criminally charged earlier this year, are expected to ask for administrative appeals and, if that doesn’t work, demand arbitration.

Figone would not comment for this article, citing the confidential nature of personnel disciplinary decisions.

Alex Gurza, the city’s director of employee relations, also declined to discuss the decision, but said: “Discipline isn’t only about punishment. A very important goal of discipline is to set a standard of public service.”

A critical time

The city manager’s decision comes at a critical juncture for the police department, when Figone is searching for a new chief to replace Davis and the popular Moore is considered a prime candidate for the job. Moore would not say what disciplinary action he favored.

Until now, Figone has publicly defended the department against excessive-force allegations: Just weeks ago, a committee she headed found no problems after examining a series of cases in which police used force as they arrested suspects for minor crimes.

Figone’s latest decision is already sparking major controversy, inside the department and out.

“The city manager had no business overturning the chief’s decision,” said Terry Bowman, Siegel’s attorney. “She substituted her layperson’s judgment for the judgment of recognized experts and a police command staff that regularly evaluate police use of force cases. If you trust them to know what it is, you have to trust them to know what it’s worth.”

Ho told the Mercury News that he did not want the officer to lose his job.

“We cannot fire all police officers that make mistakes,” he said. “Instead, we should be carefully reviewing the department’s training system for use of force.”

Ho, who is suing the city over the arrest, said he had recently met with the four officers that arrested him during a lawyer’s conference. The student said: “When I look at their faces, it’s over, no problems.”

But Richard Konda, executive director of the Asian Law Alliance, said he supported Figone’s decision and disagreed with the level of discipline originally proposed by the former chief.

“Maybe, in their view, it wasn’t that serious,” Konda said. “To me, it was really serious from what we observed in that grainy video. The termination sends a message to the whole department that this kind of behavior will not and cannot be tolerated.”

In September of last year, police busted Ho after a report that he threatened a roommate with a knife. During the arrest, Siegel repeatedly struck Ho with his metal baton and another officer shot him with a Taser. A roommate’s smartphone video of the arrest showed the officer striking the unarmed student for no other obvious resistance than groping around for his eyeglasses, which had been knocked off.

Criminal charges against Ho were later dropped.

The murky, barely audible video, with Ho’s yelps and the sharp sounds of the baton striking the student, was acquired and put online by the Mercury News.

For some, it became an iconic visual symbol for a police department already under heavy fire for allegations of racial profiling and overaggressive policing of low-level crimes.

Figone recently told union president George Beattie that she had watched the video of Ho’s arrest many times, union officials related, “agonized over it” and that “this was her call.”

Who’s in charge?

Union officials reportedly told Figone that some applicants for the city’s open police chief’s job had backed out “because it is well-known that the police chief does not run the department,” union vice president Jim Unland said. “The city manager runs the department.”

Unland called the city manager a “micromanager” who had made a faulty decision that would eventually be overturned through a civil service commission or an arbitrator.

Craig Brown, a lawyer who represents Payne Jr., called Figone’s decisions “offensive.”

“There is no question in my view that this decision was politically and media driven,” Brown said. “As police officers and lawyers know, the San Jose Police Department has taken a pretty hard line in terms of disciplinary matters. They take officer conduct and misconduct seriously and deal with it vigorously. There is no free lunch over there.”

This is the second controversial disciplinary case in recent weeks.

Two fired officers suspected of trying to cover up the drunken driving of a former officer were reinstated last month to their jobs by an arbitrator. Sgt. Will Manion and Patrick D’Arrigo had their terminations reduced to 11-month suspensions. Both are now back on the street.

Filed Under: RLS In The News

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.