Family of Man Tased to Death Demand Action by Santa Clara District Attorney's Office

SAN JOSE, CA -- On Monday December 17, 2007 Noreen Salinas, eldest daughter of Steve Salinas (who was tased to death by SJPD on May 25, 2007) along with other Justice for Steve Salinas campaign members met with Assistant Santa Clara District Attorney David Tomkins. At a previous meeting, Tomkins had agreed to share with the family and campaign members his decision of whether or not he would bring charges against the officers involved in Steve Salinas's death. At the meeting, Tomkins said he found “no criminal liability” on the part of the officers, and would not file charges. Noreen Salinas and campaign members were shocked by Tomkins findings, given the basic facts of the case — Salinas was naked and unarmed, tased in the back, and died momentarily after the tasing.

Mr. Salinas's death, and the City of San Jose having been one of the first major cities to implement the weapon, is at the center of an international debate around the safety of Tasers. Tomkins decision comes on the heels of several high profile Taser involved deaths across the country, a United Nations condemnation of Tasers, and a death in Canada that has sparked legislative action.

“I am infuriated, someone needs to be held accountable for my father's death,” says Noreen Salinas. Ms. Salinas has been in a state of perpetual loss for the past six and a half months, since the San Jose Police Department would not release any information regarding the circumstances of her father's death. “Even the Coroner's report left questions that should be put in front of a jury,” says Ms. Salinas, pointing to the autopsy report which did say that the Taser could have contributed to the death of Mr. Salinas. Indeed, the Medical Examiner left the cause of Mr. Salinas's death as “undetermined.”

“Mr. Tomkin's decision shows that prosecutorial discretion is dangerously subjective,” says campaign member and former Santa Clara County Public Defender Aram James. He points to the District Attorney's office lack of independent investigation as a cause of concern. “Mr. Tomkins based his decision upon the police departments own interviews of the witnesses, and in addition did not seek an independent medical examiner to review the coroner's report.”

At the meeting, Mr. Tomkins did say that he would consider any new evidence that may surface that could impact the Salinas case. ”We will not rest until my father gets justice,” says Ms. Salinas, who has enlisted the services of Los Angeles based Dale Galipo, a high profile civil attorney to represent her. Mr. Galipo's office will be conducting its own independent investigation.

Ms. Salinas and the Justice for Steve Salinas Campaign will be requesting a meeting with District Attorney Dolores Carr to pursue an open grand jury. In officer involved deaths in which there was a knowing use of deadly force, the District Attorney's office sends cases to the grand jury to determine the merits of a prosecution. The District Attorney's office has elected to conduct open grand jury proceedings for “expectional” cases such as the one involving the shooting death of Cau Bich Tran (July,03) and Rudy Cardenas(Feb,04). Both cases were brought to the open grand jury due to the tremendous public demand for openness and transparency regarding the handling of the case. Rudy Cardenas's nephew, Jesse Villareal (also a Justice for Steve Salinas Campaign member) says an open grand jury is necessary in the Salinas case. “Open grand jury proceedings are important so the community can see exactly what happened, if not for the open grand jury, my family would have been left in the dark.”

Aram James agrees with Villareal, and says if public demand is the criteria, the Salinas case more than qualifies. “Given the international attention on Tasers, and the obvious questions surrounding the death of an unarmed man, there is certainly the same, if not more, justification for an open grand jury in this case.”