Spartan Daily - Serving San Jose State University since 1934

Issue date: 10/28/09 Section: News

Media Credit: Joe Proudman Lan Do, mother of Daniel Pham, fights back tears during a press conference held at San Jose City Hall on Tuesday. Pham was killed by San Jose Police on May 10.

The San Jose Police Department has launched two investigations after a video surfaced showing San Jose police officers aggressively arresting an SJSU student, said an official from San Jose Mayor Chuck Reed's office.

Michelle McGurk, a public information officer for San Jose Mayor Chuck Reed's Office, said the police department is conducting both a criminal investigation and an internal investigation involving the handling of Ho's arrest.

The incident happened on Sept. 3, but video of the incident did not surface until Thursday, McGurk said. Ho is a 20-year-old math major at SJSU.

Officers responded to an address in the 100 block of S. 23rd St. in San Jose after an individual called police advising that a roommate had brandished a knife at another roommate and threatened him, San Jose Police Department Sgt. Ronnie Lopez said in an press release on Sunday.

After arriving at the home, officers reported having a difficult time gaining the cooperation of the suspect as they attempted to take him into custody, Lopez said in a press release on Sunday.

The suspect was ultimately taken into custody with the use of a baton and an electronic restraint device, Lopez said in a department press release on Sunday.

When the video surfaced, the San Jose police department command staff immediately launched a probe into the incident to determine exactly what took place during the interaction with the officers, Lopez said in the sunday press release.

Lopez also said Ho received medical treatment prior to being booked on charges of brandishing a weapon, assault and battery, and resisting arrest in the Sunday press release.

Public information officer Michelle McGurk said no formal complaint was filed with the San Jose Police Department or independent police auditor in connection with the case prior to the video surfacing.

A phone call to attorney Terry Bowman, who is representing at least one of the officers, was not returned.

San Jose Mayor Chuck Reed said he was "disturbed by the contents of the video" in a press release on Sunday.

Over the phone, Councilwoman Madison Nguyen said that if a grand jury proceeding takes place, it will be open to the public.

"I am greatly disturbed by the video," Ngyuen said. "Obviously, anyone who saw the video couldn't help but be very disturbed by it."

McGurk said she believes more video of the incident that police have not have seen may exist. She urges anyone with additional information or video to come forward.

Associate attorney Glenn Miller, who is helping attorney Duyen Nguyen represent Ho, told Update News, SJSU student media, that the cell phone video showed two San Jose Police striking Ho 14 times unnecessarily with a baton, including one blow to the head.

"A blow to the head is considered deadly force," Miller said. "But the video doesn't show that the officers are in imminent danger."

Miller told Update News he was disturbed by the force the San Jose Police Department showed while arresting Ho.

Miller said he was especially troubled by one officer, who is seen "lackadaisically standing around," while other officers are aggressively arresting Ho in the video.

"The police said that Ho was kicking at them while being arrested," Miller said. "If you look at the video, I don't see any kicking."

Campus Reaction

Math department Chair Bradley Jackson said he doesn't know Ho really well, but news of his arrest seemed out of character for him.

"I've only know him to be polite, humble, and nonviolent, so the story I read in the S.J. Mercury News about him surprised me a bit," Jackson said.

When asked about the contents of the video, University Police Department Sgt. Michael Santos said he doesn't comment on cases outside of his agency.

Sophomore psychology major Veronica Gunawan said she couldn't tell if the actions of the police were justified, because the video shows only a portion of the arrest, but that their actions may have been warranted if Ho was resisting arrest.

"If the student was fighting the police, then maybe that somewhat makes sense," she said. "Maybe they could have not used a weapon, but you can't tell."

Justin Nakano, a master of business administration student, said he couldn't tell what happened in the video, because it was too blurry.

"I can hear a scream, but that is about it," Nakano said. "I heard the Taser, but you really couldn't see much else."

Ho is a devout student, Miller said, and served as a professor's assistant. Jackson said Ho had taken the Putnam Exam, a nationwide mathematics problem solving competition.

Miller told Update News that Ho is doing well, dedicates his whole life to his education, and is continuing to attend SJSU.

City Hall Protest

Protesters gathered at 6 p.m. Tuesday at San Jose City Hall, where more than 90 people from the Vietnamese community conducted a peaceful demonstration against the San Jose Police Department.

Paul Le, a member of the American Voters of Northern California, said Ho might not have reported the incident because he was afraid that he would be sent back to Vietnam.

"He came here on a visa as a student, and he was afraid that (the incident) was going to impact his visa, and they were going to kick him home," Le said. "His mother sold all the land on her property just to make sure that he'd have a good education."

Protester Vincent Vu said he did not understand how Ho was resisting arrest when he was pinned to the ground and had handcuffs on.

"The police are supposed to be protecting and serving," Vu said. "They protect themselves."



*Leonard Lai, My Nguyen and Minh Pham contributed to this story

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