Newest articles on The Sacramento Press tagged as "thieves"

City appeals decision in homeless class action suit

2011-09-23T02:50:07Z

On the same day that activists and supporters rallied together for homeless rights at the Safe Ground Jubilee, attorneys for the city of Sacramento were busy filing a motion to appeal a Federal Court decision in a contentious homeless class action lawsuit.

“Our rationale for appeal is based primarily on procedural and evidentiary rulings that came up in the trial,” Brett Witter, supervising deputy city attorney for Sacramento said Thursday.

The motion for appeal was filed Sept. 14 in the Ninth Circuit Court of Appeals by attorney Chance Trimm, on behalf of the city.

According to court documents, the city is appealing a May 24 Federal Court decision that found the city liable on two of six claims by plaintiffs that the city “had a custom and practice of violating (plaintiffs’) constitutional rights concerning their personal property.”

(Read court documents on Lehr v. City of Sacramento HERE.)

“We’re not appealing the jury’s decision,” Witter said, “instead, we’re challenging the way the evidence was presented to the jury.”

Witter said that, among the issues brought up in the city’s appeal is an amendment made to the plaintiffs’ complaint late in the game.

“(The amendment) came literally a couple of weeks before the trial,” Witter said. “We felt the late amendment was inappropriate. That’s just one of the problems (with the trial) we want to discuss.”

Mark Merin, the attorney representing the homeless class action group, said Wednesday that the city has no basis for the motion to appeal.

“An appeal can only happen after a final judgement,” Merin said. “In this case, there hasn’t yet been one.”

Because the jury decided the city is liable but hasn’t set damages yet, Merin explained, the case is not considered “final” or completed.

Merin filed a motion with the court on Sept. 20 to dismiss the appeal for “lack of jurisdiction.”

The homeless class action against the city began in 2007 when Merin, representing homeless individuals, filed suit in Sacramento Federal Court alleging that homeless plaintiffs’ belongings were illegally taken and thrown away by Sacramento police officers between August 2005 and May 2009.

Once the court made its decision in May 2011, Merin said, the next step should be negotiating a claims procedure to compensate individuals for damages and property loss.

“It’s not just compensation for the actual property,” Merin said. “It’s also loss of use of property. The (class action petitioners) are also entitled to damages for the violation of their rights.”

Merin said there isn’t any way to accurately estimate the final amount of damages, but he estimates the amount may be as much as $1 million or more.

“As long as the case is unresolved, it has a real impact on the many homeless people in Sacramento,” Joan Burke, director of advocacy for Loaves & Fishes, said Thursday.

Burke said that more than 1,000 homeless people in the city are forced to sleep outside every night because there is a lack of shelter space available.

“Anyone forced to sleep outside is subject to arrest,” Burke said. “When people are arrested, they have to worry about their stuff.”

Typically what people have with them when they are living outside, Burke said, are “survival items” – such as clothing, eyeglasses or medical prescriptions – or more sentimental items like photographs and family mementos.

“When you have to minimize what you carry around,” Burke said, “you get it down to what is really most important to you.”

In June, the city filed additional motions for summary judgment – to essentially “cancel” the jury decision – as well as a motion for a new trial.

Both actions were denied by Judge Morrison C. England, Jr., the presiding judge of the case, on Aug. 15.

“(The City) has done all they can to delay the reckoning,” Merin said, “and it just won’t work.”

Witter said that, if the appeal is denied, city attorneys will go back to the City Council to get direction on what to do next.

Merin said he expects the court will make a decision on the motion to dismiss by the end of October.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

Tips for deterring bicycle thieves

2010-12-05T16:54:50Z

Bicycle theft in Sacramento’s central city is an ongoing problem, but cyclists can take steps to minimize their chances of becoming victims.

“People come in here every day telling me their bikes got stolen,” said Simon Garcia, assistant manager of City Bicycle Works at 2419 K St. “Every day. I’m not exaggerating.”

The obvious tip for keeping a bike from being stolen is to lock it up, but it isn’t that simple, according to Garcia.

“I consider all locks deterrents,” he said. “(But) if someone wants the bike, the lock won’t stop them.”

Having said that, he added that some locks are better than others, and U-locks like the ones pictured below are the best easily transportable locks for securing a bicycle.

He said a 50-pound steel chain and lock would be stronger, but they are not easy to carry around.

Midtown resident and cyclist Caitlin Mee said some U-locks with cylindrical key holes can be opened by thieves armed with Bic pens.

Garcia said that was a problem on some brands of U-lock produced about five years ago, but new locks are built more sturdily.

“A quality lock these days will not have that problem,” he said.

U-locks cost between $40 and $45 at his shop, Garcia said, and cheaper locks are available as well.

Cable locks are less expensive, running close to half the cost, but Garcia said they are more susceptible to thieves armed with bolt cutters or even a really good pair of scissors.

“With the right tools, anybody is going to cut through it,” he said.

Even bicycle racks at City Hall recommend against using cable locks, as pictured below.

With all locks being deterrents to theft, Garcia said there are ways to make bikes less-appealing targets to criminals.

Those include locks that bind the seat to the frame and pins that go through the wheels and lock so thieves can’t undo a quick-release mount and walk off with a piece of the bicycle.

“The key is to lock as much as you can,” he said. “Run (the lock) through the frame and the rear wheel, and if you can, take the front wheel off and run the lock through it as well.”

According to police, there are other steps to take that will help prevent bicycles from being stolen.

“Try not to leave it in areas that aren’t well-traveled,” said Sgt. Norm Leong, spokesman for the Sacramento Police Department. “Try to keep sight of it as much as possible. The reality is that if someone wants to get it and they’re good enough, they’re going to get it.”

Garcia recommended taking bicycles inside overnight.

“If you can avoid leaving it outside overnight, the chances of a theft go down drastically,” he said.

Leong said bicycle theft is a crime of opportunity, and if your bicycle is stolen, he said it is important to file a police report either online or at one of the police stations so your bicycle can be returned if it is recovered by police.

When police stop bicyclists, they check the serial numbers to see if it has been stolen just like they do for license plates on cars at vehicle stops.

In that case, Leong said, police will contact the rightful owner.

If a report has not been filed, but police determine the bicycles were stolen, the recovered bikes go to one of several places.

“We have programs that help disadvantaged kids within city schools,” Leong said. “Some go to auction, some go within the department for various functions, and some go to other cities’ departments that can use bikes. Others go to the Bike Kitchen as donations.”

Garcia added that though bicycle theft is a problem, it shouldn’t stop people from having them.

“It’s a good sport,” he said. “Don’t let the evil out there deter you.”

Brandon Darnell is a staff reporter for The Sacramento Press.

Juveniles now wanted felons after fireworks theft

2009-07-03T21:51:22Z

Three juveniles, ages 14 to 15, cased then robbed the fireworks stand on the corner of 47th Ave & 44th St. in South Sacramento Friday just after noon.

A Sheriff helicopter orbited the area around the school where the juveniles were last seen breaking apart the large package of fireworks they had just stolen from the fireworks stand hosted by Parkway Swim and Tennis. Public address announcements were made from the helicopter stating to people in the neighborhood: "we are looking for three felons who just stole a large red package of fireworks…" This was the largest package of fireworks offered and is considered a "block party" set that sells for $600. The helicopter spotted the torn apart red packaging in the middle of the school field where ground officers retrieved it.

Kids present from Parkway Swim and Tennis turned and saw the juvenile thieves fleeing with the large package that took all three of them to carry away. They alerted volunteer mom Jessica Rodriguez-Veneroni who ran after the subjects.

The three juvenile wanted felons remain at large. If you live in the area and have information that may lead to the apprehension of the suspects and return of the items, please contact the Sacramento Sheriffs department right away.