“You’re not free to leave”: A San Jose police officer beat a jaywalking suspect who failed to follow his orders. Should he have walked away instead?

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“You’re not free to leave”: A San Jose police officer beat a jaywalking suspect who failed to follow his orders. Should he have walked away instead?
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The scene was a nearly empty Sunol Street near the intersection with West San Carlos Street.

Journalists from the Bay Area News Group and the California Reporting Project reviewed a series of cases involving violent confrontations between San Jose police and mentally impaired individuals. Many of those cases raise questions about the conduct of the department’s officers, who have been trained to avoid the use of force in such situations. Our full report can be readA nearly empty Sunol Street near the intersection with West San Carlos Street, on May 26, 2021.

William Wallace sits bloodied and handcuffed in a southbound traffic lane on Sunol Street following a 2021 stop by San Jose Police for alleged jaywalking. Kim immediately suspected that Wallace’s “bizarre behavior” stemmed from mental illness or intoxication. When Kim informed Wallace of his intent to detain him, Wallace was defiant, cursing at the officer and pushing his bike towards him as he walked away.Kim responded with force, chasing Wallace down, pinning him to the ground and punching the man multiple times in the face. Wallace fought back. He was left with a broken nose and multiple lacerations from the encounter.

In this email to SJPD, San Jose’s Independent Police Auditor revealed her concerns about Kim’s conduct in the Wallace incident. After Wallace filed a complaint, San Jose’s Independent Police Auditor raised questions about why Kim confronted Wallace at all. The department reviewed the incident and exonerated Kim.Crime and Public Safety |Wallace resists Kim’s order to stop, but appears to pose no threat until Kim accosts him. Should Kim have simply let him go?

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