Does Auburn Have a Conscience?
Written by Gary Moffat   
Tuesday, 16 October 2007

I’ve been thinking about this for some time now, the notion of whether or not a community can share a common heart, a common soul and a common conscience. If you embrace the concept that it should, how is it possible that a collection of neighbors can sit in silence while the weak and disenfranchised in their midst are crushed in full view?

I’ve seen enough, and I for one am loathe to accept it any longer.  And neither should you.

August 30th was Francisco Evangelista’s first day in jail, and no one knows when he might be released on bail.  By his next scheduled court appearance, the 20-year-old Mexican youth charged with brandishing a weapon August 27th at Placer High School will have been in jail for nearly two months. And with bond set at $500,000, it’s clear he isn’t going anywhere anytime soon.

Placer High art teacher Toby Covich became an instant cause célébre for allegedly allowing Evangelista to remain in his classroom during the ensuing campus-wide lockdown.  Covich reportedly placed a green “all clear” card in his window, even though Evangelista was allegedly present, a violation of school policy and emergency procedures.

It’s crystal clear that no one can be certain of what actually happened that day, when Auburn Police reacted as though another Columbine tragedy was in progress. Covich hasn’t talked publicly.  School officials refuse to comment, other than to acknowledge no action will be taken against Covich. And the cops say the case is under investigation, so they’ve clammed up ... even more tightly since a raging flood of support for Covich from former students created a public relations nightmare for Police Chief Valerie Harris who early on made loud noises about the potential for pressing charges against the popular teacher.

The cops say eyewitnesses claim Evangelista had a gun.  Reportedly, the one-time Placer High student  flashed gang colors during his ill-advised visit to his alma mater’s campus. Evangelista is painted starkly as a loser, with no job and no prospects ... a gangbanger wannabe into drugs according to word on the street.

On the surface it is a simple matter to write off Evangelista as just another punk. In reality, however, any indictment is plagued with a glaring flaw: No gun has ever been recovered.

It is difficult to conceive that Francisco Evangelista outsmarted the combined resources of the Auburn police force and disposed of the purported weapon before officers nailed him. A search of his apartment turned up nothing—or at least nothing that has been made public.

Evangelista may be guilty of the crime with which he is charged, I don’t know.  But I do know this:  If he had the means to afford to wage a competent defense, he’d have his bond reduced to something reasonable and he wouldn’t still be wearing an orange jump suit at the DeWitt center.  But he isn’t from Granite Bay Vista.  His home is a shabby apartment on Electric Street.

This case smacks of the same hysteria surrounding the arrest of former city of Auburn IT manager Ernest Shih, who was charged with a weapons violation and multiple counts of embezzlement in May of 2006.  An immigrant from Viet Nam at 18 years of age, Shih learned English, put himself through college and earned a master’s degree in computer science.  He was a model citizen and city worker, saving this community nearly $250,000 in costs, which earned him recognition as “Employee of the Year,” for 2005.  Barely a year later, this trusted reserve police officer was railroaded on trumped-up charges that characterized him absurdly as a techno-terrorist and petty thief.

With his arrest photos splashed across the front page of local media, Shih spent three sleepless nights in jail before his $500,000 bond was reduced. The difference was he could afford his own lawyer.

Eleven months passed before the Placer County District Attorney decided not to prosecute the case, citing justice would not be served by doing so. Throughout the entire time, Shih was on paid administrative leave, with the citizens of this community picking up the tab for a costly probe and litigation that could amount to as much as a half million dollars. (Where is taxpayer watchdog Dan Sokol when you really need him?)

Criminal charges may have been dropped in April, but it took until the end of September before an agreement was mediated.  Terms called for a two-sentence public announcement, which Auburn city officials violated by revealing the cash settlement of $30,000.  The city’s P.R. motivation was clear ... in essence they told the community, “We paid Shih a paltry sum to make him go away.”

Though he was determined to clear his name and had the support of numerous fellow city employees, Shih simply did not have the resources necessary to take on the deep pockets of the city and an administration that had long ago closed ranks against him.  With his reputation in ruins and his family and future career in jeopardy, Shih chose to put the sordid episode behind him.

In the final analysis, Shih was denied due process, justice was not dispatched swiftly, and most disturbing to him, he never had the opportunity to face his accusers in open court.  (Read Shih’s complete story at www.onlyinauburn.com.)

Francisco Evangelista is in even deeper trouble.  He sits alone in jail, with no resources and the entire weight of the Auburn Police Department and the Placer County District Attorney poised against him. The only thing lacking—as in the Shih case—is solid evidence.

And that takes me back to my original question. This isn’t New York City. It isn’t San Francisco or Chicago. This is Auburn, a tiny town of 12,500, where residents know their neighbors. So how can we sit on the sidelines and let these things happen here?

The people of Auburn do have a common heart, soul and conscience—I’m certain of that. We just need to figure out how to use them.

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Gary Moffat is a journalist and co-owner of Carpe Vino in Old Town Auburn.  Read his other work at www.onlyinauburn.com and www.carpevinoauburn.com .

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