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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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