POLICE REFUSE REPORT AND CITIZEN'S ARREST IN ROAD RAGE ASSAULT CASE AT BERKELEY CRITICAL MASS.

Date of Incident: August 11, 2000
Received:

Box 15071
Berkeley, CA  94712-6071
November 8, 2000

JASON MEGGS' STATEMENT 
August 11, 2000 INCIDENT

Description of incident:

At approximately 7:30-8:00 PM on Friday, November 8, 2000, a group of approximately twenty (20) bicyclists was gathered on the sidewalk and inside a local shop at 3124 Shattuck Avenue (cross street Woolsey). As I recall, several police officers were riding slowly back and forth along the sidewalk there, peering into the crowd as if looking for a suspect, which caused me concern. I approached Sergeant W.E Hester, BPD# S-1 as he rode past me, against traffic. I was videotaping as I customarily do whenever possible when interviewing police officers.

I asked Sgt. Hester if the police were looking for someone and he denied it.

As there had been an unfortunate confrontation earlier in which an aggressive motorist had struck a bicyclist's rear wheel, I offered that motorists had been acting improperly earlier.

Sgt. Hester asked if I would like to make a report and I said that it would be a good idea. I mentioned my concern that in the past police had been biased in reports.

Sgt. Hester asked why I was videotaping and I said it was for documentation purposes, and offered that he was new to the bicycle ride. Sgt. Hester said that he was not new to the bicycle ride and that he had been patrolling Berkeley Critical Mass for twenty-two (22) years, evidently misunderstanding me. I tried to get clarification but he did not answer my question.

He then stated, "When you're not feeling paranoid maybe we can continue this discussion".

Later, a patrol car rode up with the aggressive driver in the passenger seat. I pointed out to Sgt. Hester that the motorist in the car had been acting in a violent manner and that while I was not a direct witness, I said I had been told that the motorist had struck a bicyclist's wheel.

Another bicyclist (Nicholas Sobb) approached the vehicle and stated that he had seen the incident and declared his desire to place the driver under citizen's arrest. The police proceeded to completely ignore us and immediately left the scene over our protests and further unanswered questions. Mr. Sobb asked if it was not his right to place the suspect under citizen's arrest. The large group of police officers stationed around the area, mostly across the street, and the black paddy-wagon, also left the scene.

Sgt. Hester never took my report.

Sincerely,



Jason Meggs

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