Trial Update Day One

All updates are taken from the United Citizens Against Police Violence page on Facebook.

Champommier Trial -- Day One

Champommier's case, like that of DJ Henry, Joey Pinasco, and several others, involves the car-as-deadly-weapon scenario, as one of the fundamental issues involved in justification for the use of deadly force.

The day began with eye and ear-witness testimony as to the general congestion of the area on that Thursday evening, June 24, 2010 at 9:30 PM, the general number of shots heard, the fear felt by passersby by the actions of the shooters, all in plainclothes and without discernible identifying information as law enforcement agents. A picture of chaos in the public parking lot where Champommier was killed emerged. The issue of policies and procedures utilized by the "multi-jurisdictional task force" was also scrutinized by plaintiffs' attorneys.

The plaintiffs called their forensic accident reconstruction expert who testified to the broken glass pattern and the skid marks. His opinion was to conclude that Champommier had hit the brakes, most likely to avoid injuring the deputy that ran into the path of Zac's car and that the shot that killed Champommier, which followed shortly after, was rendered while Champommier's car was in a position of being either at a full stop or, at a maximum, going no more than 5 miles an hour. Forensic evidence put on by the plaintiffs showed that Champommier's car then sped away after he had been fatally shot through his driver's side window, when he succumbed to that gunshot wound a short distance later.

Stay Tuned

The plaintiffs' forensic expert also disputed the official account (see LA County Sheriffs Log 160, dated June 25, 2010) which described the sheriffs deputy that Champommier allegedly "rammed" as having been essentially tossed into the air by the impact and landing on the hood as "impossible" since there was no physical evidence that an over 240 lbs. man had damaged the hood of Champommier's car in any way. Not a dent, not a palm or finger print, not one bit of evidence that a 240 lbs. man had made contact with Champommier's car, one the apparent bases for use of deadly force against Champommier (i.e., defense of others).

The plaintiffs' forensic expert also alleged that evidence had been tampered with. Pictures of the shattered driver's side window glass taken both the evening of the shooting and the following day showed that a rivet that had allegedly been dislodged when Champommier's car finally crashed after he lost consciousness had been "placed" among the shattered glass of the driver's side window. The rivet was not seen among the glass on the pictures taken in the evening but was seen in the photos taken the following morning.

Lastly, the DEA agent responsible for Champommier's killing was called to the stand. He had to pass in front of Champommier's mom, Carol, on the way to the witness stand. This writer will not attempt to describe the scene since there are no words. 

Champommier's killer will be first on the stand tomorrow. Not only will the car-as-deadly-weapon scenario be scrutinized as a legal justification for using deadly force, but Champommier's killer will likely be scrutinized as to whether or not he acted as a reasonable officer under the circumstances in using deadly force.

The time has come

In the matter of Carol Champommier vs. The United States of America, et al....

The trial begins next week.  This trial will be tried by a judge as the case has been brought before the Court under the Federal Tort Claims Act (FTCA). That Act mandates a bench trial. This means a jury will not be deciding if these DEA Agents were negligent and reckless when they shot and killed Zac.

As this will be a bench trial, it should go very quickly. According to estimates, it should take about seven days in total. Opening statements should start on the first day of trial and then testimony will follow pretty quickly. Likely, the civilian witnesses will testify followed by the shooters and then the experts, although the schedule is not yet firm.

We would like to encourage as many of Zac's friends to attend in a show of support for Zac and Carol. Here are the details:

When: Tuesday, March 26th

Time: 8:30 a.m.

Where: 312 North Spring Street Los Angeles, CA 90012-4701,
16th floor, room 1600.

The Honorable Judge Michael Fitzgerald will be presiding.

Directions

Approaching Downtown on the Northbound 101 Freeway:

Travel north on the 101 Freeway. Exit on Alameda Street and turn left. Go two blocks and turn right on Temple Street. Go two blocks and make a right on Main Street. Courthouse is on your left hand side.

Approaching Downtown on the Southbound 101 Freeway:

Travel south on the 101 Freeway. Exit on Temple Street and turn left. Go four stop lights to Spring Street. The courthouse is located on the northeast corner of Temple and Spring Street.


Parking:

One hour metered parking is available on Temple Street between 9:00 a.m. and 6:00 p.m.

There are also parking lots available at the following locations:

Spring St. and Arcadia St. (one block from courthouse)
Main St. and Arcadia St. (one block from courthouse)
Los Angeles Mall Parking Lot - Los Angeles St. and Temple St. (underground parking, enter on Los Angeles St., across the street from courthouse)
Main St. and Macy St. (across from Olvera Street, 2 blocks from courthouse)

Metro Information:

Ride Metrolink Ventura County Line [UNION STATION] heading south

From: CHATSWORTH STATION/10046 OLD DEPOT PLAZA RD Leaves: 07:02AM
To: UNION STATION/800 N ALAMEDA ST Arrives: 07:50AM

Pay $9.25 + keep Media for next vehicle *METROLINK tickets must be purchased BEFORE boarding *, Monthly Pass: $243.25

Ride Metro Rail Red Line [NORTH HOLLYWOOD STATION] heading west
From: UNION STATION Lv: 07:57AM
To: CIVIC CENTER STATION Ar: 07:59AM

Additional Information
Total cash fare = $9.25
Trip time is about 57 minutes.
Trip distance is about 29.24 miles.
*All times are approximate. Traffic and weather can cause delays.
Please allow extra time for boarding and alighting.

Web Links:

United States Courthouse--Spring Street

Metrolink

2013

On Saturday, December 29th, local NBC affiliate KNBC published a report on their website about the upcoming court case filed by Zac's mother, Carol, against the United States Government for the wrongful death of her son.

It would seem the story the Sheriff's department, as well as the DEA, concocted regarding the events of that night were just that... all fabrications.

"The nature of [Champommier's] aggressive actions - actually hitting the deputy - that is not someone who is without some degree of fault," Sheriff Lee Baca said.

Apparently, not so much, Sheriff Baca. He did nothing wrong. You said as much to his mother. Without waiting for any official report, Sheriff Baca felt it appropriate to slander a dead young man who was killed by the very deputies who should have been protecting him, just hours after they gunned him down. 

As for Zac intentionally aiming for a deputy? According to the KNBC report, a witness reported seeing a deputy hopping over the front of Zac's car, not making it to the other side and sliding off, during an altercation with someone else in the parking lot. 

Starsky and Hutch fail.

Officers reported that Zac was traveling at a speed of 38 m.p.h. through the parking lot where he was shot. Again, not so. Accident reconstruction experts for both sides of the lawsuit agree: Zac was not traveling any faster than 13 m.p.h., maybe even less, but they settled on 13 for the magic number. So the story of Zac racing into a group of law enforcement officers in an attempt to mow them down was simply a fairy tale. One of many woven that night.

You can finish reading the rest of the KNBC piece here.

Trial Update

Due to scheduling conflicts, the trial date for Champommier vs. United States of America has been rescheduled from November 6, 2012 to March 26, 2013.

There have been many of Zac's friends who were planning on traveling to Los Angeles from other places around the country for the trial and we'd like to let as many of these know so that they may adjust their plans accordingly.

*****

It's going to be an explosive atmosphere once the major points of contention (READ: THE LIES) are finally shown under the light.

Take for example the claim that Zac had raced, zoomed, propelled, accelerated, pick any of these words, into a group of law enforcement officers with his car, essentially turning his car into a murderous weapon according to Sheriff Lee Baca. But wait... what's this:

Experts for both the plaintiff and the defendants conducted a meticulous investigation into the evidence at the scene and taken from Zac's car.

The expert examiners for the Champommier family agreed to the accept the speed the defense examiners had concluded Zac was traveling through the parking lot that night, allowing a plus or minus factor of +-2 mph; so then... what was the speed Zac car's was traveling when he scared these seasoned law enforcement agents from the DEA, Sheriff's department and Police department into drawing their weapons and killing him instantly?

You won't believe it once you hear it -- MARCH 26, 2013.


Although, I might not be able to wait that long to tell you.

In Memorium -- Zac Champommier

 Today marks the two-year anniversary of Zac's death. We remember it as if somehow it had happened only yesterday. Over the course of two years, so much has changed, so much has been learned. And it is as we have always suspected. In fact, the truth is more horrific than we could have imagined.

There will be a candlelight vigil tonight to remember Zac. Please join Zac's family and friends at the corner of Ventura Blvd and Laurel Canyon between 8:45 and 9:00 pm. From there, we will walk to the parking lot behind the Chipotle restaurant. Candles will be provided for you, or you can bring your own.

If you do the social media thing, right click to save any of the images of Zac here or use the image at the top left hand sidebar and then upload the picture as your Facebook profile pic or Twitter avatar in memory of Zac and to raise awareness about his death and the circumstances surrounding it.

His mother is moving forward with her demand for accountability. Unless something's changed and no one sent me the memo, you don't get to shoot down our children in parking lots for no damn reason and not expect to be accountable. Especially if your job is to protect our children. This simply cannot be allowed to ever happen again. Changes must be made. New policies implemented. People must be held to answer for every life needlessly, recklessly, thoughtlessly taken, and for every lie told thereafter.

Re: Champommier v. United States of America, a trial date of November 6, 2012 has been set. The location of the trial is as follows:

Court: Edward R. Roybal Federal Building 
255 E. Temple Street Los Angeles, Ca 90012 
Room: 790 
Date: November 6, 2012
Time: 9:00 a.m.

We'll keep you updated on the trial as soon as we learn any new information.

20

Today marks what would have been, what should have been, Zac's 20th birthday.


Every day was like a party, when Zac was there. He knew how to bring the fun.




Happy Birthday, Zac.

Happy Birth Day, Carol.

We love you.

Dia de Los Muertos

Many of us are remembering Zac today, and are taking a look back at his altar from last year's Dia de Los Muertos celebration inside Hollywood Forever Cemetery.

He was with us all day.

It's a start

First this:

 

Now this from KTLA news:

District Attorney Tony Rackauckas announced at a news conference that he's charging Officer Manny Ramos with one felony count of second-degree murder and one felony count of involuntary manslaughter. He faces a maximum of 15 years to life in prison if convicted.

Officer Jay Cicinelli is charged with one felony count of involuntary manslaughter and one felony count of use of excessive force, Rackauckas said. Cicinelli faces a maximum of 4 years in prison if convicted.

Both were set to be arraigned at 2 p.m. Wednesday.

"Police officers have the right to use reasonable force in the performance of lawful duty. But citizens have the right to self defense , even against the police," Rackauckas said while detailing the July 5 incident.

According to Rackauckas, Officer Ramos lifted his fist at Kelly Thomas and told him he was "getting ready to 'f' him up."

Ramos grabbed his baton, causing the 37-year-old Thomas to put his hands up in a defensive manner, and ordered him to the ground.

Officer Ramos swung his baton, chased Thomas and punched him "several times in the left ribs after tackling him to the ground," he said.

Ramos put his hand over Thomas' neck and pinned him to the ground, using his body weight, as other officers responded to the scene, Rackauckas said.

Arriving officer Joe Wolfe responded by using force after receiving a call for help from officer Ramos. There was no evidence to suggest he knew what had transpired prior to the call for help, Rackauckas said.

Officer Cicinelli arrived and kneed Thomas twice in the head and shocked him with a Taser 4 times, he said, adding that the fourth time included deploying taser darts into Thomas. Cicinelli then used the head of the taser to strike Thomas in the face 8 times while he was pinned to the ground by other officers, he added. Thomas, who had screamed out for help, fell silent while being beaten, Rackauckas said.

We can only hope this leads to closer scrutiny in all law enforcement-involved killings, and maybe perhaps another look by the DA at Zac's case.

Anniversaries

carol and zac, at his graduation from granada hills charter high school, one year ago

It was a year ago that Zac Champommier and his family and friends celebrated his graduation from Granada Hills Charter High School. Zac had so many friends there and that was such a happy night for all of them.

Two weeks after this picture was taken, Zac was shot and killed by people who had been tasked to protect and to serve him, and yet in the end, they not only failed to protect Zac... they were responsible and culpable for everything that happened that night. All of it.

His family and friends would like to spend the anniversary of his death together. The entire communities of Granada Hills (where Zac went to school), Porter Ranch (where Zac lived) and Studio City (where Zac was killed) are invited to join us as we celebrate his life.

We will meet on Friday, June 24th at the corner of Laurel Canyon and Ventura boulevards from 5:00 p.m. to 6:30 p.m.

Zac's mother Carol is planning a butterfly release, similar to the one at Zac's memorial service.

Everyone is welcome.  Even if you only know Zac from reading this blog, you are welcome to come, because now you are a FOZ (Friend of Zac) and now you know what a wonderful person, son, relative, friend, and loved loved loved member of his community that he was; that he is.... that he'll always be.

Zac's Excalibur

The official complaint has been filed against those responsible for the death of Zachary Champommier.

From the LA Weekly:

Despite the official reports, which claimed Champommier drove his car into a sheriff's deputy, causing officers to open fire, Champommier's family says the teen was shot without provocation or justification.

Champommier's mother, Carol, is now suing the DEA, LAPD and LA County Sheriff's Department in federal court for wrongful death.

According to the lawsuit, first reported by Courthouse News Service, Champommier was in his car waiting for a friend when he saw officers detain someone. When Champommier began to drive away toward the parking lot exit, he was fired upon.

Champommier "was unarmed, had not threatened the agents/officers, did not pose a threat of death or serious physical injury," states the lawsuit. The officers "proceeded to use unreasonable, unnecessary and excessive force, firing multiple bullets and killing" Champommier.

From the Complaint:

As is detailed herein, Defendants.... shot and killed the Decedent without justification, in contravention of proper police procedures, and by use of excessive and unnecessary force. Such conduct violated Decedent's right to be free of violations of his constitutional rights under the law.

[snip]

By the actions and omissions described above....depriving Plaintiff and Decedent of the following clearly established and well-settled constitutional rights protected by Amendments to the US Constitution:

a. the right to be free from unreasonable seizure as secured by the Fourth Amendment

b. the right to be free from excessive and unreasonable force in the course of arrest as secured by the Fourth Amendment;

c. the right to be free from the unreasonable use of deadly force as secured by the Fourth Amendment;

d. the right to be free from deprivation of life without due process of law as secured by the Fourteenth Amendment;

e. the right to equal protection of the law as secured by the Fourteenth Amendment;

f. the right to be free from a police cover-up of the use of excessive police force through the filing of false and misleading incident investigation reports.

click image to enlarge

You can read the rest of the official complaint here.(pdf file)

We'll see you in court.

Hope sees a star

A special tribute from one of Zac's many friends:


The Wrong Individual -- by: Anjuli Ayesa del Castillo Roces

Zachary Champommier

January 21, 1992 - June 24, 2010

“In the night of death, hope sees a star, and listening love can hear the rustle of a wing” -Robert Ingersoll

~~~~~~~~~~~~

If we knew who Death would take next, would the world become a more respectful and loving place? Because people would know who is to leave, would truth and peace be said and emerge from that forlorn piece of knowledge? It is so random who He chooses next…

A friend said to me, when a good person is taken from us far too soon, it only means that God needed more angels in Heaven. I also heard that once Death has claimed his prey, that the soul lingers among its loved ones for a week to say last goodbyes in their dreams… I want this “knowledge” to comfort me, and be true.

Unfairness shows its wretched, forsaken face when Death claims the wrong individual. To me and to those who feel the loss where love once was, see it only as the wrong capture. Not only for their youth do we think it’s unfair but, the loss of authenticity that individual brought to us is what makes our hearts ache the most. Tears can only provide so much release— a release much needed, but sometimes never enough.

We are not just slabs of meat on this planet and yet we die like we are. When we are given Life, we are given the guarantee of being the only existing version of us. Forget the look-alikes, the twins, the people that “think” like us! The combination of our being, who we are, makes us the lone, unique fingerprint that is here today. If we die like NOTHING, then we should LIVE otherwise.

When Death takes those we love, the feeling of loss surmounts to this heightened spreading of emptiness that slithers through the body. This snake evolves and swallows all that used to whole within us! Knowledge is what makes us grieve. The knowledge of a fallen… or taken, is what makes water seep from the eyes and blood suddenly race through your veins. Knowledge of the fact that that one version of life, that matchless fingerprint, has forever disappeared from the Universe.

Zac, you said, “Happiness is the driving force of all our actions. Whether we believe it or not, whether we face it or not. No matter the opposition, I believe happiness to be the one true meaning of life, no matter where we find it”. All those that miss you can’t be “happy”—Not without you. Zac, you were that matchless fingerprint. And now, we suffer from the knowledge that you were ripped from our arms far too soon.

Justice for Steven

Finally, a little justice for the family of Steven Washington.

  photo: Barbara Davidson / Los Angeles Times

What has transpired to date:


We now know the names of the Law Enforcemenet Officers involved in Zac's shooting. Los Angeles County Sheriff's Deputy Mark Brewster and Drug Enforcement Agent Peter LoPresti simultaneously fired six rounds at Zac with their service weapons, resulting in Zac's death. LAPD Officer Joseph Chavez was also involved.

These officers were part of an undercover narcotics operation including the United States Drug Enforcement Agency (DEA), United States Inernal Revenue Service (IRS), Los Angeles Police Department (LAPD) and Los Angeles County Sheriff's Department (LASD).

They were milling about a shopping area parking lot after execution of an undercover narcotics operation search warrant. They saw someone walking through the parking lot looking into cars, including their task force undercover vehicles containing narcotics and money recovered from the search.

The District Attorney's Office has also declined to file charges against these officers. Deputy District Attorney John Mullen (via phone call) advised Zac's mother of their decision and was nice enough to mail a formal declination letter [insert sarcasm. sorry]. He admitted he did not know much about the case himself, as it was originally assigned to Deputy District Attorney Shelly Torrealba, who had to hand off Zac's file to someone else after she was appointed to the bench and is now Judge Shelly Torrealba.

After numerous calls to the Sheriff's department, and after speaking to a Homicide Sargeant, we've been informed a court order will be needed to obtain the official Sheriff's report on Zac's homicide. As it stands now, Zac's family has yet to see a single report from either the Sheriff's department or from the District Attorney's Office.


~~~~~~~~


Today is another day, a turning point perhaps, as we read in the Los Angeles Times:

The civilian commission that oversees the Los Angeles Police Department has taken the rare step of rejecting a recommendation from the department's chief, ruling that two police officers were wrong when they fatally shot an unarmed autistic man last year.

About midnight on March 20, Officers Allan Corrales and George Diego, who worked in an anti-gang unit, were driving in a marked patrol car along Vermont Avenue in the city's Koreatown neighborhood. Both officers told investigators they heard a loud noise — which one described as a "deep boom" — behind them, according to Beck's report on the incident.

And because of this "deep boom", an unarmed autistic man was fatally shot in the head.

More...

The shooting drew sharp criticism from Washington's family, who said the man was autistic and fearful of strangers. Civil liberties groups questioned the shooting, suggesting that the officers may have overreacted because they had not observed Washington doing anything criminal.

Based on the investigation's findings, (Police Chief Charlie) Beck found Corrales and Diego had violated department policies in how they approached and engaged Washington, but decided it was reasonable for them to believe the man had a gun and intended to shoot them.

In a unanimous decision, however, the civilian commission found differently. The panel said Corrales and Diego violated department policies that govern when an officer can use lethal force.

We are going to go out on a limb here: what we are going to suggest is that the combined efforts of Zac's family and friends, as well as those of police shooting victim Doug Zerby, raised awareness of the spate of recent law enforcement shootings of unarmed civilians, who had not broken any laws.

We are going to suggest that perhaps the Police Commission has heard us and has perhaps looked into these shootings and have taken into consideration the unimaginable pain and grief these families and communities have all suffered.

We, in our infinite desire to think the best of mankind, would like to think that had an LAPD officer discharged his or her weapon fatally against Zac, this Police Commission would have ruled similarly.  In fact, we (would like to) believe they wish there was more they could have done in Zac's case.

There has now been a major shift in the dominant paradigm. It is up to us to continue making noise and being heard.

Time to write some letters

Los Angeles County District Attorney Steve Cooley

The report on Zac's killing is now in the hands of the Los Angeles District Attorney's Office. We are asking for help in seeking answers as to why Zac, who was doing nothing illegal, was killed on June 24, and yet seven months later we aren't any closer to knowing what happened and why. 

Please take a moment to write to District Attorney Cooley and ask him to conduct a full investigation into this matter. You can download a printable pdf file by clicking HERE.

If you'd like to compose your own letter, here's the address:

Steve Cooley, District Attorney
Los Angeles County District Attorney’s Office
210 West Temple Street, Suite 18000
Los Angeles, CA 90012-3210

Thanks in advance for your continued support of Zac and his family and friends as they seek justice for this innocent young man, senselessly killed by those tasked to protect him.

Happy Birthday, Zac

Today would have been Zac's 19th birthday. 

The Way Things Stand:


In a few days it will be 7 months since Zac was killed.  Justice For Zac has learned that the Sheriff's Department report on Zac's case is now in the hands of the L.A. District Attorney's Office, which will review the report for any "penal code violations"; Zac's family and friends are waiting for the Deputy District Attorney who is handling Zac's case to decide if there are.

The Sheriff's Department, so quick to assign blame to Zac for his own killing, so quick to brand him as a "drug suspect," has now done a complete about-face and has met with Zac's mother, assuring her that Zac broke no laws; he did nothing wrong. And when we say Sheriff's Department, we are meaning Sheriff Lee Baca, Himself. That was his statement to Zac's mother: "Zac broke no laws; he did nothing wrong." 


But we already knew that. We knew it way before this Coroner's foresenic report (pictured below) was even finished. We knew it.

click to enlarge

The wheels are moving slowly in this case; anyone familiar with the way the justice system moves is aware of that, or is aware of it now. Many of us are learning this in the hardest of ways: the interminable waiting. But because there is waiting, don't be fooled into thinking there is no action beneath the calm, still waters. The wheels keep moving, even when we don't see them, they keep moving .... forward.


Happy Birthday, Zac.

UPDATE: This post at local blog, street-hassle, pretty much sums up our disappointment at the lack of any meaningful local print or television news coverage on Zac's case:

But what is most challenging to our sensibility is the failure of local journalism in this matter. The fact that the public instantly knows the name of the officer in shootings involving an LAPD badge, but does not know any of the principles in this County and Federal matter after nearly seven months, is the single greatest disgrace, the single greatest evidence of impotence, of the LA Weekly, Los Angeles Times, and Los Angeles Daily News of the past year, and perhaps of the past decade. These have all failed Zac personally; and they have failed his family, his loved ones catastrophically.

You can read the rest at street-hassle.

Birthday Vigil

January 21st would have been Zac's 19th birthday.


We will be marking the occasion with a vigil in Studio City on Friday, January 21st from 4:30 pm to 5:30 p.m. on the northeast corner of Ventura and Laurel Canyon Blvds. 


There will be a short candlelight vigil in the parking lot behind the Chipotle restaurant on Ventura Blvd. immediately following at 5:30 p.m.