Reed, San Jose community leaders concerned over misdemeanor arrests of Latinos Monday, April 06, 2009 By Sean Webby, San Jose Mercury News San Jose Mayor Chuck Reed and other community leaders expressed concern Monday over statistics showing police officers make a large number of arrests for conduct crimes such as disturbing the peace and resisting arrest, and that Latinos are a disproportionate percentage of the suspects. The Mercury News reported the San Jose Police Department makes more arrests for disturbing the peace than any other major California department, according to an analysis of statistics from the state Department of Justice. About 70 percent of those arrested are Latinos. And San Jose police arrest more people for resisting arrest — when no more serious charge is involved — more than any department except San Diego, with about 54 percent of them Latinos. "The data raises things we should be concerned about — and I am concerned about them," Reed said. The mayor and other leaders said they hope a series of city initiatives will address the growing controversy over policing. The efforts include a city task force studying public intoxication arrests in the wake of an earlier Mercury News report, a planned summit on Latino and police issues, and the upcoming study of police data by a group of social scientists. These initiatives have sprung up in the wake of an ongoing Mercury News series that has analyzed San Jose's arrest data for public intoxication, resisting arrest and disturbing the peace. The analyses have shown that over the past five years, a large and increasing number of arrests involve misdemeanor crimes. Law enforcement experts and community critics have suggested the data shows racial profiling and an overly aggressive policy toward relatively minor street crime. They allege police abuse their discretion and too often arrest people for misbehavior, not criminal action. Profiling denied Department officials have said they do not know what the statistics mean, but vehemently deny they are targeting anyone but suspected criminals. "It is a top priority for the chief that the department maintain excellent relationships with all segments of our community," said Sgt. Ronnie Lopez, a spokesman for the department. "He intends to be very proactive personally in reaching out to the community to address any concerns." But some community leaders, particularly those tasked by the City Council to investigate the department's high rate of arrests for public intoxication, aim their criticism at San Jose's police department, especially at the top cop. "We have been warned that heavy enforcement of discretionary charges invites abuse," said the Rev. Jeff Moore II, who heads the Silicon Valley chapter of the NAACP. "Chief Davis encourages belief in strict enforcement with no apologies." Pete Carrillo, a member of the Silicon Valley Latino Democratic Forum, called on City Manager Debra Figone to fire Chief Rob Davis. "The statistics, while not surprising, continue to point to a troubling and persistent pattern of outrageous behavior occurring with more frequency under the watch of the current police chief," Carrillo said. Most City Council members contacted Monday said the statistics were not conclusive but raised important questions. City Council reacts Councilwoman Nora Campos said she is troubled that police officers seem to be focusing more attention and resources on minor crimes such as public drunkenness and disorderly conduct "when our department is dangerously understaffed forcing the city to pay millions in overtime." Councilman Pete Constant, a former San Jose police officer, said the appearance of racial profiling and an overaggressive, unchecked police force was false. "I don't think there is any conspiracy where the police say 'Let's go out and hunt this group,' " Constant said. "What you hear from people is that they want us to crack down on people who are drunk and obnoxious and urinating in the street. The general public expects us to set a standard of conduct and enforce these nuisance crimes." Councilman Ash Kalra, a former public defender, said he wasn't sure what the numbers meant, but he also said the city should expand its investigations of policing beyond public drunkenness, saying that the consortium of social scientists should work alongside the community. "There is much distrust between the community and the department," Kalra said. "The first step is to try to heal some of the wounds." Contact Sean Webby at swebby@mercurynews.com or 408-920-5003.