Fajitagate
Encyclopedia
Fajitagate was a series of legal and political incidents in San Francisco which began with a street fight on November 20, 2002. The fight involved three off-duty San Francisco Police
officers, Alex Fagan Jr., David Lee, and Matt Tonsing, and two San Francisco residents, Adam Snyder and Jade Santoro.
, Snyder and Santoro reported that they were leaving the bar when they were approached by three men who demanded a bag of take out food (the eponymous fajita
s) which Snyder was taking home. Snyder refused and Santoro told them to leave him alone, words were exchanged, a fight broke out, a beer bottle or some blunt object was thrown, and minor injuries were suffered by Snyder and serious injuries by Santoro. Snyder called 911
on his cellphone and reported Santoro was being beaten to responding officers, and then identified three men in a white pickup truck that drove past the scene as the attackers. The pickup was stopped, and the three off-duty officers were identified and questioned then let go. No arrests were made that night.
assistant Chief (later Chief) Alex Fagan
. It was subsequently alleged by then San Francisco District Attorney
Terence Hallinan
that the elder Fagan, then-SFPD Chief Earl Sanders
, and nine other officers were involved in a coverup of the initial November 20, 2002 criminal acts of the three off-duty officers. Sanders and nine other senior officers were indicted by Hallinan and arrested on February 28, 2003, for the crime of obstruction of justice
. Sanders took a leave of absence due to the charges, and Alex Fagan, Sr., the next most senior officer automatically became the acting chief. Acting Chief Alex Fagan Sr. in turn resigned in early 2004, and was replaced by Heather Fong
on Jan 22, 2004.
Later in 2003 and through 2004, most of the senior officers including then ex-Chief Sanders pursued legal appeals to clear their names of the underlying factual claims regarding the obstruction. Sanders and several others were eventually cleared by courts. Sanders took early retirement which he claimed was due to stress from the investigation.
Criminal court cases in the original beating against Officers Fagan and Lee were resolved in 2004-5. Officer Lee was found not guilty on November 21, 2004, and Fagan was found not guilty on March 28, 2005.
Many officers were charged by the Office of Citizen Complaints for misconduct in the incident. In March 2007, Inspector Paul Falconer and Lt. Henry Para successfully challenged their misconduct charges in a closed hearing of the Police Commission. They were exonerated of all the charges brought against them. At the end of the hearing, one police commissioner stated that it appeared that none of the officers charged by the OCC had done anything wrong.
In March 2007, many of the officers charged by the Office of Citizen Complaints made deals with the San Francisco Police Commission for time off. Inspector Paul Falconer and Lt. Henry Para successfully challenged their misconduct charges in a closed hearing of the Police Commission. They were exonerated of all the charges brought against them. Police Commissioner Louise Renne
stated at the end of that hearing that it appeared that none of the officers charged by the OCC had done anything wrong.
A federal court dismissed a civil rights lawsuit against the City of San Francisco in 2006, a decision upheld on appeal in July, 2008 on the basis that the plaintiffs had not shown at trial that any police policy or practice was to blame for the officers' conduct.
San Francisco Police Department
The San Francisco Police Department, also known as the SFPD and San Francisco Department Of Police, is the police department of the City and County of San Francisco, California...
officers, Alex Fagan Jr., David Lee, and Matt Tonsing, and two San Francisco residents, Adam Snyder and Jade Santoro.
Incident
Earlier in the evening, Alex Fagan got into an argument with his then girlfriend's roommate over his behavior in a car being driven by his girlfriend. Becoming upset, he asked her to pull the car over, and he ran away from the car enraged. As reported the next day in the San Francisco ChronicleSan Francisco Chronicle
thumb|right|upright|The Chronicle Building following the [[1906 San Francisco earthquake|1906 earthquake]] and fireThe San Francisco Chronicle is a newspaper serving primarily the San Francisco Bay Area of the U.S. state of California, but distributed throughout Northern and Central California,...
, Snyder and Santoro reported that they were leaving the bar when they were approached by three men who demanded a bag of take out food (the eponymous fajita
Fajita
A fajita is a term found in both traditional Mexican cuisine and in Tex-Mex cuisine, commonly referring to any grilled meat served on a flour or corn tortilla. The term originally referred to the cut of beef used in the dish which is known as skirt steak. Popular meats today also include chicken,...
s) which Snyder was taking home. Snyder refused and Santoro told them to leave him alone, words were exchanged, a fight broke out, a beer bottle or some blunt object was thrown, and minor injuries were suffered by Snyder and serious injuries by Santoro. Snyder called 911
9-1-1
9-1-1 is the emergency telephone number for the North American Numbering Plan .It is one of eight N11 codes.The use of this number is for emergency circumstances only, and to use it for any other purpose can be a crime.-History:In the earliest days of telephone technology, prior to the...
on his cellphone and reported Santoro was being beaten to responding officers, and then identified three men in a white pickup truck that drove past the scene as the attackers. The pickup was stopped, and the three off-duty officers were identified and questioned then let go. No arrests were made that night.
Scandal
The scandal subsequently expanded and would take until 2005 to reach a final criminal resolution. Accused police officer Alex Fagan, Jr. was the son of then San Francisco Police DepartmentSan Francisco Police Department
The San Francisco Police Department, also known as the SFPD and San Francisco Department Of Police, is the police department of the City and County of San Francisco, California...
assistant Chief (later Chief) Alex Fagan
Alex Fagan
Alex Emanuel Fagan was the former Chief of the San Francisco Police Department. Fagan was raised in the East Bay community of Richmond, California, and graduated from UC Berkeley in 1973 with a bachelor's degree in criminology. He joined the San Francisco Police Department in 1973. He received...
. It was subsequently alleged by then San Francisco District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
Terence Hallinan
Terence Hallinan
Terence Hallinan is an American attorney and politician from San Francisco, California. He is the second of six sons born to leftist attorney Vincent Hallinan and his wife Vivian....
that the elder Fagan, then-SFPD Chief Earl Sanders
Prentice E. Sanders
Prentice E. Sanders, also known as Earl Sanders, was Chief of Police of the San Francisco, California, USA Police Department for fourteen months in 2002 and 2003. He was born in Texas and moved to San Francisco's Laurel Heights at the age of fourteen, attended George Washington High School, and...
, and nine other officers were involved in a coverup of the initial November 20, 2002 criminal acts of the three off-duty officers. Sanders and nine other senior officers were indicted by Hallinan and arrested on February 28, 2003, for the crime of obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
. Sanders took a leave of absence due to the charges, and Alex Fagan, Sr., the next most senior officer automatically became the acting chief. Acting Chief Alex Fagan Sr. in turn resigned in early 2004, and was replaced by Heather Fong
Heather Fong
Heather Jeanne Fong is the former chief of police for San Francisco, California, United States. Her ancestral roots are in Ho Chung village, Chung Shan County , Guangdong Province, China. She is the first woman to lead the San Francisco Police Department, and the first Asian American woman to...
on Jan 22, 2004.
Criminal
The court cases against senior police staff continued through 2003. Hallinan dropped charges against Chief Sanders on March 11, unable to prove a conspiracy had existed. Charges were dropped against almost all the other defendants on April 4, 2003. A key ruling in the case was that under California law, Obstruction of Justice required that there be an active conspiracy of persons who agreed to subvert justice, and not merely an individual or set of individuals acting on their own. Hallinan originally claimed such a conspiracy, but phone and office logs established that there could not have been any significant collusion. Hallinan publicly called for the law to be amended to allow individuals to be charged for independent actions.Later in 2003 and through 2004, most of the senior officers including then ex-Chief Sanders pursued legal appeals to clear their names of the underlying factual claims regarding the obstruction. Sanders and several others were eventually cleared by courts. Sanders took early retirement which he claimed was due to stress from the investigation.
Criminal court cases in the original beating against Officers Fagan and Lee were resolved in 2004-5. Officer Lee was found not guilty on November 21, 2004, and Fagan was found not guilty on March 28, 2005.
Many officers were charged by the Office of Citizen Complaints for misconduct in the incident. In March 2007, Inspector Paul Falconer and Lt. Henry Para successfully challenged their misconduct charges in a closed hearing of the Police Commission. They were exonerated of all the charges brought against them. At the end of the hearing, one police commissioner stated that it appeared that none of the officers charged by the OCC had done anything wrong.
Civil trial
On June 12, 2006, a civil jury found former officers Fagan and Tonsing liable for damages suffered in the beating, awarding plaintiff Jade Santoro $36,500 in damages. The jury found in favor of Tonsing but against Fagan on plaintiff Adam Snyder's claim, awarding Snyder $9,500. The jury completely exonerated David Lee and Snyder was ordered to pay both Lee and Tonsing's defense costsIn March 2007, many of the officers charged by the Office of Citizen Complaints made deals with the San Francisco Police Commission for time off. Inspector Paul Falconer and Lt. Henry Para successfully challenged their misconduct charges in a closed hearing of the Police Commission. They were exonerated of all the charges brought against them. Police Commissioner Louise Renne
Louise Renne
Louise Renne is a lawyer, former Supervisor and one-time City Attorney for the City and County of San Francisco, California. She was born to Anne Bartrem Hornbeck...
stated at the end of that hearing that it appeared that none of the officers charged by the OCC had done anything wrong.
A federal court dismissed a civil rights lawsuit against the City of San Francisco in 2006, a decision upheld on appeal in July, 2008 on the basis that the plaintiffs had not shown at trial that any police policy or practice was to blame for the officers' conduct.