CrimeWatch

SAN JOSE (BCN) ― Members of the San Jose community gathered Tuesday afternoon alongside the family and friends of a mentally ill man who was fatally shot by police on Mother's Day to call for police accountability in his killing.

A coalition of community-based organizations stood outside City Hall under a banner declaring "Justice for Daniel Pham." Laan Do, her face sullen and her eyes downcast, held a portrait of her son. Beside her stood her husband Vinh Pham wearing an equally grim expression.

"My family and I are very sad," he said. "Very, very sad."

Daniel Pham, 27, was armed with a knife when he was shot and killed by Officers Brian Jeffrey and Matthew Blackerby in the backyard of his home on Branbury Way on the morning of May 10, police said. They had responded to a report of a stabbing at the residence and upon arrival had found Pham's brother, Brian, 29, in the front lawn, bleeding from a cut across his neck.

The officers spotted Daniel Pham, the suspect, in the home's fenced-in yard, holding the knife and smoking a cigarette. According to police reports, Jeffrey pointed his gun at Pham and ordered him to drop the knife, but Pham "glared" at Jeffrey and continued to smoke his cigarette.

The reports say that Blackerby then went around a corner of the home and used a Taser in an attempt to detain Pham. Jeffrey, not knowing Blackerby was standing outside the fence, thought his partner was in danger and jumped over the fence and again pointed his gun at Pham and demanded he drop the knife, according to police reports.

When Pham ignored repeated verbal orders to drop the knife and advanced toward the officers, both officers opened fire, police said.

Vinh Pham said it was inconceivable to him that police shot his son not once or twice, but 12 times.

A fact that San Jose resident Sam Ho said keeps him awake at night.

"Why 12 bullets when he was injured and bleeding?" he asked. "In that condition, how can he be shot 12 times in his chest? Was it in self-defense or was it hate for humanity?"

Ho, a member of the Coalition for Justice and Accountability said he was there to support the Pham family and seek answers in the death of their son.

"My son may have to ask me, 'Daddy, where was your humanity?'" Ho said.

On Nov. 13, San Jose police released recordings and transcripts of 911 and police dispatch tapes indicating the officers followed protocol and had no choice but to shoot and kill Pham. A grand jury has declined to file charges against the officers and they are now back on active duty.

Members of a newly formed ethnic coalition, among them Silicon Valley De-Bug, Asian Americans for Community Involvement, and the San Jose Silicon Valley NAACP, released their own analysis of the 911 tapes and police reports Tuesday.

Richard Konda, executive director at Asian Law Alliance, remarked that the community's review of the tapes and reports raised a number of disturbing questions about the death of Pham, a Vietnamese-American man.

If Pham was trapped behind a barbed wire fence, "Why would two highly trained San Jose police officers jump inside of that barbed wire enclosed fence with a person that has a knife?" they asked.

They alleged that the officers failed to use common sense.

In the report, they pose questions such as, "Why did Officers Jeffrey and Blackerby shoot Daniel Son Pham only two minutes after they arrived on the scene?" and "Why is it necessary to handcuff a person who is dead or near dead and surrounded by a number of San Jose police officers?"

Konda said based on these questions, the Pham family and other individuals and organizations will request a formal meeting with Santa Clara County District Attorney Dolores Carr and ask that she convene an open grand jury to determine if criminal charges should be filed against the officers.

Many community members Tuesday expressed concern about the Police Department's use of excessive force and said there is a lack of independent police oversight and accountability in the city.

The Rev. Jethroe Moore, president of the San Jose Silicon Valley NAACP, said his and other organizations were calling for Chief Rob Davis' resignation.

"We want change and we want change today," he said.

Michelle Lew, president and CEO of Asian Americans for Community
Involvement, said "We want a San Jose where no one is afraid to call police when they need help."

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