Description

Sunday, April 4rd, 2021 at approximately 12:30pm at a private residence in close proximity to the intersection of Westwood Ct. and Westwood Way, Oakland, CA 94611, three (3) City of Oakland Sewer Department employees did trespass across a homeowner's private property on Aspinwall Rd. to take a short-cut to a sewer manhole in an easement located on another private property. At the manhole, around 1:00pm, two (2) City employees were making very loud, derogatory, and disparaging comments about a homeowner that could be clearly heard by homeowners from over 90 feet away. The homeowner, that is the subject of the City employees' comments, did hear the comments and left his dwelling with a video camera to approach the city employees. At 1:09pm, the homeowner stood on his property with his video camera recording about 12ft away from the city employees and asked the city employees to repeat their comments. One city employee became enraged and did intentionally: charge the homeowner, shout profanities in very close proximity without a mask on directly in the homeowner's face, and did strike the homeowner. The blow to the homeowner's upper body was so hard that the homeowner was knocked off-balance and sent reeling down the steep hill and the camera flew out of his hand. All events were witnessed by two (2) city employees and the homeowner's wife and 8 yr. old child. The homeowner immediately left and called 911. All city employees immediately stopped their work without completing their duties. Two (2) city employees - the city employee/assailant and another city employee, immediately left the scene of the crime. The third city employee walked around the homeowner's property, located the homeowner, and (i) attempted to convince the homeowner not to make a big deal out of the attack, and (ii) made several statements about the sewer line - that were in fact recorded on the homeowner's security cameras, including but not limited to: "... about 25ft down the line from the manhole on your property is a sag and a separation of the pipe ... right, it is a big pipe break ... the problem with Operations is they don't follow-up jobs - its bad! ... you know the boss was Tyree Jackson but he's out, then it was Kennedy and now he's out - his last day was this Friday, now the new boss is going to be JR Nicks." At 1:45pm the Police arrived and were shown the video of the attack, took statements from the homeowner and the one (1) city employee that was remaining, and provided police report #21-015304 to the homeowner. One (1) police officer drove from Westwood Ct. to Aspinwall Rd. to attempt to locate the city employee/assailant. The officer was unsuccessful in his search and never asked the remaining City employee to call the city employee/assailant on his work cell. At approximately 4pm Sergeant Tom #8454 called the homeowner and informed the homeowner (v) they had discovered the identity of the assailant (s) and had, "issued citation #2132828 charging the assailant (s) with 242 PC Battery - Misdemeanor".