WATCHDOG URGES COP BE CHARGED IN DEATH CASE

SFPD will now conduct own probe of captain's conduct

A citizens police watchdog group said Wednesday that the captain who heads
the Mission District precinct should be charged with neglect and improper
conduct in the case of a Millbrae man who died two years ago after being
doused with pepper spray.

The recommended charges by the Office of Citizen Complaints named Capt.
Gregory Suhr, who was a lieutenant at the time of the April 6, 1996,
incident and was in charge of the officers involved.

One other officer may also have been recommended for charges but neither the
Police Department or OCC would confirm that.

Chief Fred Lau confirmed the OCC had notified the department's management
control division of the recommendation against Suhr.

The division will conduct its own investigation, which could take 30 to 60
days, then decide whether to deal with the case on the chief's level, send
it on to the Police Commission or to return it to the OCC, which, in effect,
would mean it rejected the recommendation.

Either the chief or the commission can impose discipline, which could
include dismissal.

Mary Dunlap, executive director of the OCC, would not comment, saying only,
"The matter is now within the department and that's where it belongs."

"We are happy with the OCC findings in this case," said Bruce Kapsack, the
attorney representing the family of Mark Garcia, who died 23 hours after
being subdued and doused with pepper spray. "It is time for the Police
Commission to move forward and act in accordance with their own rules."

Van Jones, executive director of Bay Area PoliceWatch, called for the
immediate suspension of Suhr, saying similar accusations against a civilian
would result in the accused person being held in jail until completion of
court hearings.

Garcia, a drug counselor, was arrested when he was found standing in the
middle of Cesar Chavez Street near Folsom Street, naked from the waist down
and shouting incoherently at passing cars.

Police under Suhr's command said they sprayed him with pepper spray after he
attacked an officer with a crack pipe. The 41-year-old, 317-pound Garcia
later had a heart attack while tied face down in the back of a police van
and died at San Francisco General Hospital.

Department rules ban face-down transportation of prisoners. Guidelines also
require transportation to a hospital in an ambulance rather than police van.
An ambulance summoned for Garcia was diverted to a nearby accident.

The coroner said Garcia died of acute cocaine poisoning, not pepper spray.
The district attorney cleared police of criminal wrongdoing.

Garcia's family filed a wrongful death lawsuit against The City and the
Police Department last year. The family also has been highly critical of the
length of time it has taken the OCC to decide.

OCC officials said the case was complicated and was handled appropriately.

Suhr said he could not comment because the investigation was continuing.

1998 San Francisco Examiner

Checked-by: Melodi Cornett