kasia
01-01-2003, 02:47 PM
Spare the charges, save the 14-year-old child
By Paul J. Loh and Peter K. Stris
January 1, 2003
Re: your Dec. 31 article, "Judge finds foster girl guilty in assault on officer":
Anna Guo, who goes by the nickname "Baby," is 14 years old. She should be looking forward to four years in high school. Instead, she is nursing three bullet wounds and facing four years of incarceration.
Anna's story is Dickensian. She was abandoned by her mother in China and severely beaten by her father in America. Although her father was convicted for his abuse, she was soon returned to his "care." Anna was ultimately forced to call a social worker to arrange a second separation. Anna was 12.
Like many young women with similar histories, Anna thought herself unworthy of love. She began to mutilate herself with knives. Placed in a group home, Anna never received a proper psychiatric diagnosis. Instead, she received sedatives.
Eventually, Anna was transferred to the home of Robert and Zaida Worthley. The Worthleys, who have successfully raised over a dozen foster children, were never apprised of the seriousness of Anna's psychological condition.
Anna bonded immediately with the Worthleys, calling Zaida "Mommy" after a matter of days. But on the fateful night of May 5 -- after one of the Worthleys' other foster children falsely accused Anna of misbehaving -- Anna became terrified that she would be removed from the Worthleys' home. Anna became visibly upset, prompting Robert to call the Ventura County Behavioral Health Department Crisis Team. The crisis team exists to prevent unsettled people from becoming dangerous ones.
When Robert called the crisis team, Anna was merely upset, posing no immediate danger to herself or anyone else. Sadly, the crisis team failed to act quickly, arguing with Robert for an extended period before agreeing to act.
During that unnecessarily long phone call, Anna's condition had worsened. Unable to cope with the prospect of being returned to a group home, Anna seized a kitchen knife intending to kill herself. Zaida saw Anna with the knife and had Robert summon the police. Zaida never feared for herself or her family -- she feared only for Anna.
Five officers arrived on the scene before the crisis team. The senior officer, John Rodriguez, never entered the house. The other officers were Anthony Wells; Chris Landavazos, a trainee; Greg Knupp, another trainee; and Kristin Rupp, a rookie.
Failing to wait for the crisis team, the officers converted a manageable situation into a chaotic one. Landavazos charged solo into a dark room to conduct a search, violating police procedure and, according to Wells, "endangering himself." Rupp entered the kitchen, alone, to conduct a protective sweep. At this point, Anna appeared on the stairs near the kitchen holding the suicide knife.
Because Rupp encountered Anna without the cover of another officer, there was no opportunity to engage in what the police call "crisis intervention." Rupp's mistake left no opportunity for an unarmed officer to speak with Anna in a nonconfrontational matter; it left no opportunity to employ nondeadly force. With Wells, Landavazos, and Knupp out of position, Rupp felt compelled to draw her gun.
The three officer-witnesses offer three directly conflicting accounts as to what happened next, but all admit that no one instructed Anna to stop walking down the stairs. When Anna refused to drop the suicide knife, the inexperienced and frightened Rupp shot the 14-year-old three times.
Incredibly, Ventura County elected to press felony charges against Anna for "assaulting a police officer with a deadly weapon." The county's decision to waste taxpayer money and court time on prosecuting this "Baby" is hard to understand.
Anna has no history of violence toward others and was the only person hurt during this incident.
Unsurprisingly, the Chinese-American community has rallied behind Anna. Thousands signed a petition asking the county to end its prosecution. Numerous community organizations and leaders --including state Assemblywoman Judy Chu -- wrote letters to District Attorney Greg Totten expressing grave concerns about the criminal charges.
One would think that the county would be eager to improve relations with a minority community convinced that an affluent Caucasian girl would have been spared the charges (and perhaps the bullets). Why then did the county inflame racial passions with the felony charge?
Immediately after the shooting, the county met with a "civil litigation consultant." As any seasoned "litigation consultant" knows, a civil lawsuit in these circumstances would be virtually impossible to win if the plaintiff were convicted of assault with a deadly weapon.
It is not hard to imagine what the county was told to do.
-- Paul J. Loh and Peter K. Stris represented Anna Guo at her trial. Mr. Loh and Mr. Stris, both graduates of the Harvard Law School, are partners at Willenken Loh Stris Lee & Tran, LLP, a Los Angeles-based litigation boutique.
By Paul J. Loh and Peter K. Stris
January 1, 2003
Re: your Dec. 31 article, "Judge finds foster girl guilty in assault on officer":
Anna Guo, who goes by the nickname "Baby," is 14 years old. She should be looking forward to four years in high school. Instead, she is nursing three bullet wounds and facing four years of incarceration.
Anna's story is Dickensian. She was abandoned by her mother in China and severely beaten by her father in America. Although her father was convicted for his abuse, she was soon returned to his "care." Anna was ultimately forced to call a social worker to arrange a second separation. Anna was 12.
Like many young women with similar histories, Anna thought herself unworthy of love. She began to mutilate herself with knives. Placed in a group home, Anna never received a proper psychiatric diagnosis. Instead, she received sedatives.
Eventually, Anna was transferred to the home of Robert and Zaida Worthley. The Worthleys, who have successfully raised over a dozen foster children, were never apprised of the seriousness of Anna's psychological condition.
Anna bonded immediately with the Worthleys, calling Zaida "Mommy" after a matter of days. But on the fateful night of May 5 -- after one of the Worthleys' other foster children falsely accused Anna of misbehaving -- Anna became terrified that she would be removed from the Worthleys' home. Anna became visibly upset, prompting Robert to call the Ventura County Behavioral Health Department Crisis Team. The crisis team exists to prevent unsettled people from becoming dangerous ones.
When Robert called the crisis team, Anna was merely upset, posing no immediate danger to herself or anyone else. Sadly, the crisis team failed to act quickly, arguing with Robert for an extended period before agreeing to act.
During that unnecessarily long phone call, Anna's condition had worsened. Unable to cope with the prospect of being returned to a group home, Anna seized a kitchen knife intending to kill herself. Zaida saw Anna with the knife and had Robert summon the police. Zaida never feared for herself or her family -- she feared only for Anna.
Five officers arrived on the scene before the crisis team. The senior officer, John Rodriguez, never entered the house. The other officers were Anthony Wells; Chris Landavazos, a trainee; Greg Knupp, another trainee; and Kristin Rupp, a rookie.
Failing to wait for the crisis team, the officers converted a manageable situation into a chaotic one. Landavazos charged solo into a dark room to conduct a search, violating police procedure and, according to Wells, "endangering himself." Rupp entered the kitchen, alone, to conduct a protective sweep. At this point, Anna appeared on the stairs near the kitchen holding the suicide knife.
Because Rupp encountered Anna without the cover of another officer, there was no opportunity to engage in what the police call "crisis intervention." Rupp's mistake left no opportunity for an unarmed officer to speak with Anna in a nonconfrontational matter; it left no opportunity to employ nondeadly force. With Wells, Landavazos, and Knupp out of position, Rupp felt compelled to draw her gun.
The three officer-witnesses offer three directly conflicting accounts as to what happened next, but all admit that no one instructed Anna to stop walking down the stairs. When Anna refused to drop the suicide knife, the inexperienced and frightened Rupp shot the 14-year-old three times.
Incredibly, Ventura County elected to press felony charges against Anna for "assaulting a police officer with a deadly weapon." The county's decision to waste taxpayer money and court time on prosecuting this "Baby" is hard to understand.
Anna has no history of violence toward others and was the only person hurt during this incident.
Unsurprisingly, the Chinese-American community has rallied behind Anna. Thousands signed a petition asking the county to end its prosecution. Numerous community organizations and leaders --including state Assemblywoman Judy Chu -- wrote letters to District Attorney Greg Totten expressing grave concerns about the criminal charges.
One would think that the county would be eager to improve relations with a minority community convinced that an affluent Caucasian girl would have been spared the charges (and perhaps the bullets). Why then did the county inflame racial passions with the felony charge?
Immediately after the shooting, the county met with a "civil litigation consultant." As any seasoned "litigation consultant" knows, a civil lawsuit in these circumstances would be virtually impossible to win if the plaintiff were convicted of assault with a deadly weapon.
It is not hard to imagine what the county was told to do.
-- Paul J. Loh and Peter K. Stris represented Anna Guo at her trial. Mr. Loh and Mr. Stris, both graduates of the Harvard Law School, are partners at Willenken Loh Stris Lee & Tran, LLP, a Los Angeles-based litigation boutique.