Maria Villalta Resignation

Dear community,

I come to you with a heavy heart. These last six months I have been working along side of wonderful people in the justice and love for Alex Nieto committee.

Due to personal reasons I would like to inform you that I will no longer be working with them as part of the committee.

I am a strong supporter of the family and will continue to work towards getting them justice and keeping Alex’s memory alive.

This decision did not come easy for me because I love working for and towards a larger cause. I have been debating on leaving the committe the last month and I believe my desicion is the best.

I know the committe will continue to do great work and with the support of the community they will keep Alex’s memory alive.

Thank you for your support and understanding.

In solidarity,
Maria Villalta

6th Month Anniversary: Educators and Community for Alex Nieto! Sunday, Sept. 21st, 5p.m.

EDUCATORS AND COMMUNITY
FOR ALEX NIETO!

SUNDAY, SEPTEMBER 21 AT 5:00 P.M.
AT BERNAL HEIGHTS PARK, NORTHEAST SIDE, SAN FRAN

Alex Nieto Oree Original

This Sunday, September 21st, 2014 is the six month anniversary of the killing of our beloved friend, Alex Nieto. In his honor, we are holding an event entitled “Educators for Alex” at 5:00 p.m. at the northeast side of Bernal Hill Park, the place where he was killed by the San Francisco Police Department. A voracious reader, Alex loved learning; he had completed his associates degree and was almost ready to transfer to a four year university. We invite students, educators, administrators, and the general public to join us for an afternoon of poetry, education, and community. This will be a great opportunity for you to connect with others to learn how to navigate through the education system. In doing this, we honor Alex’s beautiful spirit. Learn more about Alex’s Story.

SF Medical Examiner’s Report is a Desperate Dud

ALEX’S DEATH RULED A HOMICIDE

The San Francisco Medical Examiner has ruled the death of Alejandro (Alex) Nieto as a homicide, not death by natural causes, not death by accident, not death by suicide. This is a death by homicide. Unfortunately, because much of their report seems to be an intentional sabotage to our justice cause, we hereby emphatically re-request the federal department of justice to thoroughly investigate this homicide. San Francisco and their apparatus cannot be trusted.

14 BULLET WOUNDS

While the medical examiner report contains much information that is irrelevant to Alex’s death, it does state that he had up to fourteen wounds in both his head and body, from the front and back; the trajectory of those wounds were both downward and upward, which seems to indicate he was shot while lying on the ground. What justification can be used to fire up to fifteen rounds into someone who is lying on the ground?

The report also indicates that most of the bullets hit Alex in the front of the body; both head wounds were to the face. But there were at least two gunshot wounds in his back. Eyewitness reports indicate that two officers approached him from behind. What kind of threat does a man facing away from officers present?

D.A. FAILS US AGAIN

During a meeting with the Nietos and their attorney on Friday, May 16, District Attorney Gascon promised that when the autopsy report would be completed, he would personally notify us in advance. He did not. In fact, the family received a summary report, while the media received the full report. While we could only address a summary report, the media reacted to a full biased report that we did not have access to comment on at the time.

To add insult to injury, the Medical Examiner’s Office called the Nieto Family to tell them they could request the full report for $38.

This biased report seems to be an attempt to shock us, but the community stands strong and ready.

FACTS VERSUS CONTESTED POLICE VERSION OF EVENTS

Let us review the uncontested facts of this case:

On Friday, March 21st, 2014, at the time police encountered Alex Nieto, they knew absolutely nothing about his history. At this present time, six months later, we have no evidence that any 911 call, witness statement, or radio dispatch notified police officers before they encountered Alex that he was in any way acting aggressively or erratically. In fact, information provided by police and eyewitnesses consistently report him as NOT a threat.

Facts: Alex Nieto was a hard-working, outstanding college student, a volunteer at the Youth Guidance Center Juvenile Hall, a loving son, and positive community activist. This is not the portrait of someone who is so ill that they cannot perform productively in society. How could he be so dysfunctional yet at the same time perform so many positive duties? A security guard, Alex Nieto was scheduled for work in less than two hours when the police killed him.

When one can’t deal with facts, one attempts to slander the victim.

Learn more about Alex’s Story!

MEDICAL EXAMINER IS NOT A POLICE DETECTIVE

There is no reason or authority for the Medical Examiner to act as a police detective investigating any possible rationale for anything that happened on Bernal Heights on Friday, March 21. Their job is simply to conduct an examination of the body and notify the public of the medical examination concerning the cause of death. The San Francisco Medical Examiner is not a detective agency; if they were, then they should also be investigating the background and disciplinary records of the police officers who killed Alex Nieto, yet we still do not even have those officers’ names. The San Francisco Medical Examiner is supposed to be unbiased and transparent in safeguarding the public good, yet here they are obviously attempting to besmirch the character of Alex Nieto, even though that is not their job.

M.E. INSERTS CONTESTED POLICE VERSION OF EVENTS IN AN AUTOPSY REPORT

The report also claims that Alex brandished his taser, yet it is not the medical examiner’s job to make any determinations on possible brandishing of tasers. In an unbiased manner, they are simply supposed to determine cause of death. Their statement about brandishing obviously shows that they are using the police account as fact, which is not part of the medical examiner’s job.

But we should question why the medical examiner used the term “brandishing.” Who gave the medical examiner that language? It is critically important to understand that the Medical Examiner chose to pander to SFPD by including a CONTESTED version of events into their report. Even this language shows the need for further evidence. At the townhall meeting at Leonard Flynn Elementary School on Tuesday, March 25, 2014, the Chief of Police Greg Suhr consistently and repeatedly stated that Alex Nieto had “pointed” the taser at officers. Brandishing and pointing are not the same action. There is inconsistency in this vital detail that is unraveling the competing police accounts.

Consider that this narrative of the taser firing is a different story than that told at the Town Hall meeting. SFPD are changing their story; trying to increase the perception of threat when there was none. If the taser had been fired, this would have been the first story told. SFPD and the City are digging themselves deeper into the hole of their fabricated story.

Remember, eyewitnesses consistently say Alex was never a threat, never raised his taser, nor moved to touch his taser. The Medical Examiner’s is deliberately and shamelessly facilitating SFPD’s cover up; showing that besides its general incompetence, the M.E. cannot be trusted as an independent examiner.

The Medical Examiner’s report also states the taser was discharged. Again, this is a contested fact in a lawsuit which explains that witnesses confirm that Alex never touched his taser. There is absolutely no reason why police narrative of events should even be in the AUTOPSY report. This is a violation of the public trust.

  • If the taser were discharged while Alex was lying down, then Alex may have discharged it in self-defense of his life.
  • If the taser was discharged, was it due to one of the fifteen bullets that attacked Alex Nieto?
  • AND MOST IMPORTANTLY, did police discharge the taser to cover up the fact that Alex never had a taser in his hand?
  • Even if the taser had been discharged, which we have no proof that it was discharged by Alex, this would indicate that if Alex was upright, officers would or should have immediately known that Alex did not discharge a firearm, as the sound of a taser being discharged is not the blast of a pistol, and, of course, no bullet would have ejected from the taser. Yet the police continued to fire into Alex while he was lying down.

Note again that the witness(es) contradict any possibility of Alex brandishing, pointing, or discharging any taser, as they state that Alex never pointed a taser nor was he warned by the police before the police shot him multiple times.

AN INCIDENT OF MENTAL DISTRESS IN 2011 IS IRRELEVANT TO A POLICE MURDER in 2014

Alex’s past mental well-being is irrelevant to the issue of whether the police are liable or criminally accountable for his homicide. An isolated incident, years back, in which Alex needed medical attention in no manner justifies an unlawful police murder. In fact, it is unrelated to March 21st, 2014.

Any smear tactics cannot contradict or explain witness statements concerning this police shooting. Officers did not know who Alex was or anything about any mental illness. No evidence whatsoever has been brought forth that police knew anything about Alex’s history prior to encountering him, so any issues that Alex may have had in 2011, three full years before his killing, are completely irrelevant and should not have equated to a death sentence without due process at the hands of the police.

We also question why police officers, who should be protecting and serving communities, continue to stigmatize and criminalize mental illness. Mental illness is not a crime. Mental illness is a recoverable condition.

M.E.’S REPORT IS A GROTESQUE BREACH OF DUTY

The medical examiner’s job is to examine the decedent’s body, not his medical history. According to experienced attorneys in the field, the type of report that the medical examiner has issued in this case is a grotesque, unprecedented type of report that goes well beyond the scope of the medical examiner’s duties. Furthermore, we ask these questions: why did the medical examiner even requisition Alex’s medical history when they knew exactly how he had been killed—by gunshot wounds? How would the medical examiner have known that Alex had medical records at San Francisco General Hospital? Was it that the San Francisco Police Department, after killing a completely innocent man and then through their desperate attempt to slander Alex’s name by intimidating and interrogating various people, told the medical examiner to dig into Alex’s specific confidential medical records? In less than one business day after the killing, who gave the medical examiner permission to access Alex Nieto’s medical records, which are confidential private information that must be subpoenaed by an authorized agent? Who authorized the medical examiner to use the language that was used to summarize only certain information about Alex Nieto’s confidential medical records? The medical examiner has absolutely no expertise to perform a psychological profile or police detective evaluation concerning Alex Nieto.

SF MEDICAL EXAMINER HAS VIOLATED THE PUBLIC TRUST

The San Francisco Medical Examiner has violated the public trust.

The San Francisco city apparatus continues to push forward slanderous information to negatively assassinate Alex’s character, when the focus should remain on the killing of an innocent man. Highest level San Francisco officials seem to be embracing this ridiculous report in order to cover up their negligence and possible criminality. A desperate dud, this report is their attempt to counter our positive and effective community efforts.

When looked at with critical and reasonable eyes, this medical examiner’s report is proof that our efforts are forcing them into desperation.

Continue to question. Continue to spread the word. Continue the good fight.

Continue Amor and Justice for Alex Nieto!

UPDATE: Read Medical Examiner’s Report Ruling Homicide as Cause of Death

Breaking! Medical Examiner Rules Death of Alex Nieto A Homicide

The San Francisco Medical Examiner has ruled the death of Alex Nieto a homicide. Therefore, we demand a thorough investigation into his homicide by the San Francisco District Attorney or, as emphatically requested, an outside federal investigation. We also demand a full detailed autopsy report be released immediately.

A summary report was mailed to Refugio and Elvira Nieto consisting of two brief lines stating the following:

CAUSE OF DEATH: MULTIPLE GUNSHOT WOUNDS

OTHER CONDITIONS: CANNABINOIDS PRESENT

We find this summary unsatisfactory. After nearly six months of examining and investigating, the San Francisco Medical Examiner causes the family and community only further grief and angst by summarizing Alex Nieto’s cause of death as “multiple gunshot wounds.” We demand to know how many gunshots entered into Alex’s body and head, and whether those entry wounds were from the front or back of his body. We demand the full autopsy report.

Alex Nieto had a California Medical Marijuana Card. In the state of California, someone can legally consume marijuana with a medical marijuana card.

Summary Autopsy Report Med Ex_001 REDA press conference will be held Friday September 12, 2014, 2p.m. at the Alex Nieto Memorial Site on Bernal Hill, northside slope.

Learn more about Alex’s Story!

PDF: Medical Examiner’s Summary Autopsy Report

Campaign: Permanent memorial bench for Alex Nieto on Bernal Heights!

Yesterday, August 31st, 2014, the Alex Nieto Memorial on Bernal Hill was vandalized *again* in the morning. We collected the items scattered down the side of the hill. One picture frame was broken, and we had to remove it. The recovered items are shown below and have been set up again.

Altar items recovered; one picture frame broken.

Altar items recovered; one picture frame broken.

We’re pretty sure the vandal is just one messed up person. (The same man seen tossing the pebbles down the same side of the hill, who is either a racist or a moron or a combination of both, and not worth worrying about.) In fact, we stopped posting about every vandalism, because on and off it has continued to happen again.

IMG_4237

Vandal M.O.: He takes items from the altar, across the fire road, and throws them down the hill.

Vandalism and Recovery Aug. 31st. 2'14

Refugio Nieto looking for items tossed down hill.

 

By now, we’re actually oddly grateful to the Vandal, because his negative actions have each time multiplied into outpourings of positive support and interest for Alex Nieto and his cause for justice. (Karma, or as Ben Bac Sierra likes to shout out “Amor por Alex, Amooooor for Alex!“) We hope you’ll join us in this effort for a permanent memorial to remember Alex and the injustice done to him on his native hill.

At this point, the Nieto Family needs support in moving forward with getting a permanent bench at the site where Alex was killed, ideally with a native plant garden surrounding the bench. In our experience, everyone walking by is extremely sympathetic to the Nietos and also for a standing memorial.

Our understanding is that the applications for benches at the park open in October again. The cost for a bench is prohibitive without additional fundraising support or a waiver by Parks/Recs or a donation by the City (which given the current lawsuits seems unlikely).

We’ll update this page with a proper campaign announcement, as we figure out all details. To that end, if you have specific know-how on getting a memorial bench, please write to us: info@justice4alexnieto.org

As always, thank you for your support!

The Justice & Love for Alex Nieto Committee

Memorial site recovered, again, Aug. 31st, 2014

Memorial site recovered, again, Aug. 31st, 2014

Vandalized again on August 31st, 2014

Vandalized again on August 31st, 2014