Happiness Is A Warm Gun

FOX 40 Coverage - Community Activist Says Police Didn't Use Enough Force

The Modesto Police Department - A Dissapointment

On December 2nd 2011 at approximately five o’clock in the evening, I was standing outside, of the Modesto Airport Business District‘s, Kano‘s Smoke Shop.

A man walked past me, throwing me what I thought to be some bizarre gang sign. A sign that I did not recognize.

No more than moments after the man walked into the store, I heard him belligerently call out the young Mexican that was behind the counter that day for not speaking in a gangster Spanglish dialect more fitting to the area of Modesto we were in. Although, of course not one of the half dozen present in the shop at the time had any gang affiliation whatsoever.

I walked in to see what the problem was, as it quickly became obvious that something was not right with this individual. With two young men standing behind the man, there did not seem to be anything to worry about and I figured that the guy would soon be leaving, if not from the pure intimidation of the two guys behind him, then perhaps because the transaction would be over and he would just go on about his business.

I went back to where I was standing, on the sidewalk just in front for the smoke shop as the commotion inside the store became louder.

I went in, once more to see that the young man behind the counter had piled the counter with blunt wraps - cigar wrapping paper predominately used to roll large amounts of marijuana joints - I.e. “blunts”. Still I felt that everything was under control with the people that were in the shop.

Returning to the front of the store, I pulled out another cigarette as an excuse to stay and wait for the individual to leave, at which point I could rest assured that everything was all right with the store and the occupants therein.

Suddenly, the two young men that had been standing behind the man in the store ran past me quickly, crossing the street like jack rabbits. Then another three individuals that I had not known were in the store ran out in the same fashion, going the opposite direction of the first two.

It was at this point, that the only two individuals left in the store, were the kid behind the counter and the perpetrator. As I walked up to the door, I heard yelling and crashing, and as I stepped beyond the threshold of the doorway, I caught site of the young Mexican behind the counter and then I heard a single gun shot and the kid looked as though he had fallen forward and out of my sight, beneath the counter. I thought for sure he had been shot.

Now, probably due to the adrenaline, I intended to rush the individual with the gun and disarm him, yet the next thing I knew, the cashier was standing before me, grabbing my jacket and pulling me out of the store with him as he began to flee the premises.

He let go and took off down the street with me chasing after him, shouting out, “Are you ok? Are you shot? Are you shot?” and at the same time, dialing 911 on my cell phone.

To which he turned around and said, “No, I’m fine. I‘m not shot. Call 911! Call 911!” And then he turned and ran away from me, down the street.

The 911 call connected me to an operator that allowed me to take the time to describe the situation. When I was done, the operator said, “Let me transfer you to the police.” And then I waited for several rings, keeping a constant watch on the smoke shop. The perpetrator was still inside.

The family and friends of a piñata store were gathered outside to see what the commotion might be. I ran to them and herded them into the store - “Get inside and lock yourself in the store! Get inside and lock yourself in the store!” And they did so quite expediently.

Then, on the next block, almost next door to the smoke shop, I saw another business owner, wheeling a dolly out front to move a refrigerator back into the building for the night. It was obvious that he was completely oblivious to the situation that had and was still transpiring. “Get inside and lock yourself in! Get inside and lock yourself in!” I shouted, while charging toward him.

The 911 call seemed to be going nowhere. The dispatcher kept asking me for the street address of the business. As though I were reporting suspicious activity after the fact. As though she had no intention to do anything, such as send any officers out unless I provided a specific address. I ended the call abruptly and with much impassioned vulgarity while going on to keep many from trying to go into the smoke shop thinking it was still open for business as usual at that time.

Eventually one officer in one car arrived and parked at the opposite end of the block. I ran up to him as he was getting out of the car and then led him to the front of the Smoke Shop building. All the while, I am stressing to him the gravity of the situation, being that a man was inside the store with a gun.

“Did you see the gun? How do you know there’s a gun?” He incessantly asked the entire way, without drawing a weapon. For a moment, I wondered if I would have to restrain the officer from entering the establishment, when just then, the perpetrator came out of the store holding a plastic bag and a large machete, at which point, the officer drew his gun, then ordered the man to drop “the knife” and then ordered the man to get on the ground - face down. He then ordered the man to put out his arms, extended from his body and keep them there.

Multiple other officers arrived then and one officer kept watch with a hand tazer, while officers began looking throughout the store for a gun, several asking me, “Was there a gun? Did you see a gun? Do you think he might have dropped it somewhere?”

Some time later the officer with the hand tazer attempts to handcuff the individual on the ground and then the first of three separate “scuffles” with the suspect ensued.

After being unsuccessfully tazed by the first officer, holding the device to the man’s neck, several other officers got involved to hold the man down and cuff him. It was at this point the officers found the gun. It was in the front waistband of the suspect. If he wasn’t so inebriated there is a good chance officers would have been injured by gunshot rather than a sprain and a few nicks on a hand.

It was as though the officers had never been trained. It’s one thing to take down a combative, elderly homeless man already subdued by alcohol poisoning, but it is quite another to confront a real dangerous criminal.

One would think that the appropriate thing to do, would have been to handcuff and search the suspect right away, rather than putting it off to look about the crime scene for a gun, they never were too sure existed in the first place.

After the dust settled, the incident became even more bizarre as later I walked back over to the Smoke Shop to see what, if any progress had been made to contact the owner of the store, so that he could come and lock it up. Upon approach of the business, I saw another employee there. Not the same employee that had been involved in the altercation, but another, of a completely different nationality.

Statements had been given by at least three witnesses, including myself, all of which informed the police taking the statements, that the employee was Latino. This particular employee was Asian, and from the prompting of his employer, Kano, informed the police and conducted a full interview as though he were the actual victim. I was completely unaware that this had happened and said something immediately to the employee that was a clear indication to two officers that the actual victim was someone entirely different. They confronted me with this fact in the presence of the other employee and other onlookers and then ordered me into the store.

An argument between me and the officers ensued, in which I explained my position in the community and the problems that I constantly face as being perceived as law enforcement already. That I felt it was not appropriate for them to confront me in public regarding the additional crime that was just committed by the other employee - providing false information to a police officer/obstruction of justice.

They had the video of the event, statements from other witnesses, which obviously they were not privy to, and were completely convinced that the employee that couldn’t seem to locate the keys to the store was the victim involved.

Further, they took the employee to the hospital to identify the perpetrator, which of course the employee said, was not the one.

The Modesto Police Department does a good job of keeping up appearances. After this event, I have decided to acquire a firearm and think twice next time before I put any officers in unnecessary danger by asking them to respond to a crime.

I suggest you do the same.

It is little wonder that the Modesto Police Department shoots and kills innocent people. They are easy game.















Copyright 2011 Robert Stanford all rights reserved.