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Newspaper Archive of
Cloverdale Reveille
Cloverdale, California
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December 24, 1980     Cloverdale Reveille
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December 24, 1980
 

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e3 i a threat ? hen is a threat not . state. II is different in every slale as il 'affects tl civil First of all, to make a businesses which are reliled he did, and there this maller. I feel thai my The mas was sued for bomb threat at ts Liquor Store j',iILUS, see story on ,II ckground in- o, of this report was dto this writer by ietor of the aiI establishment  alleged threat nddi..sc ief Persons repancies , ilhe information !reporter and the at  fded by Officer fao investigated ded to the call. Ming to the r, he telephoned immediately .,d ! he considered a  :r  upon his place !. He said he was is  suspect that he rl Ind a bomb in his . The liquor store eq owner said that te hing the police i, r, he was advised was nothing to n.L*t, the "kook" i several places of etvughout the day risible and was According the dispatche: ['i did not have a gun on his person. II lid he repeatedly im oWw.er to come . The following II t the rem of an I'with Chief Per- ds reporter: r (R) : The r of the liquor #Ilne that an officer ar on the d not get out of V'rhere are a lot ePaucies n what i!.." told you and the officer and ld me over the RWedneeday. To , on the bomb what he has a bomb threat ), ' ersation with me, Ill, at after the in- e in, asked for and was told did not Smoke, he Itngry and said, to blow this place :711 that, the subject |lding. Kedc a gun at to Officer had him write threat like that is not in violation of 148.1 of the penal code which cover the false report of a "planting" of a bomb. What that means, and the reason it is written that way, is the report has to be made that a bomb has been planted or will be planted. Simply to state that you're going to "blow something up" is not a violation of 148.1. I confirmed this on Friday when talking to the District Attorney's Office and they would not file any such slatemenl. If the individual had staled "I am going to 'plant' a bomb in a place of business" that is a different thing It is the wording. R: Then the word "planling" of the bomb is necessary Io be in violation of the penal code as a l hreat ? C: Exactly. Thai is correct. R" Now, some of these queslions will be repetilious, because you and I discussed some mailers on the phone yesterday, bul for our readers I must ask. If I boarded an airplane and even mentioned the word bomb, i would be taken into some kin(l of custody im- mediately. I believe you said that it is the federal laws which cover thai, but not cily. Right? C: Yes, slate laws covering that are under 148.1 in the penal code, and it says right here under seclion A. "Employees of railroads, bus companies, an employee of lhe ,elephone company, etc, . thai covem *he air craft situation, but there are also federal laws providing for such Ihreavs 1o interstate carriers and overseas ransporis where arrests can be made upon such Ihreat s. R: And thai would be handled by the FBI? C: Righl. R: Well, according to what I have read, if you even" k{d about a bomb aboard an airline, you are subjecl o arresl. So how come Ihe city can'l legally handle a complainl such as the one we are discussing? I hreal ened. R : Does this arrangement of cer- lain threats cover other lypes of crimes?. For in- stance, I will be very blunt, suppose a man comes to my door and says, "I'm going to rape you." Am I to un- dersland Ihal I have no protective rights until, alas, lhe act is done? C: No. You can call us immediately as Kedric Zanzi did and we are going 1o checkit out. R: O.K. You will respond Io my call, but if the man has nol done anything criminally wrong, or as in this parlicular case, may nol be a criminal but mentally deranged, you could no act in authority until after the rape has occurred? C: Exaclly. For example, our animal control officer who is doing and excellenl job, was walking down the sll one day and was approached by lhree citizens. He was fold, "If you don'l qull picking on dogs, we are going Io kill you." There is nolhing we cando aboul Ihal Threats have been delermined by I he court s and t he law has I o be...people make threats all the lime. The police are not going Io take action on hreas. R: Bul what happens if a hreal is carried through? You don'l gel in trouble for i hal ? C: No. As long as we have conlacted the in- dividual identified and made a record check on 1 hem. we have done our job. R: Wha abu: an arson lhreal ? Does themeM. O.! apply? C: I cannot tell you about an arson lhreal because the fire departmenl takes care f Ihai and would have thai informw ion. R: If a person walks into a place of business and brandishes a gun, and if vhe proprietor sees he gun and has wb nesses, "can that person, who has made Ihe hrea wiih a now very .bvious gun be arresled? C: No. This is a problem ,ha: people don't un- derstand. We cannof arrest 1he individual for a was no gun in the bag, even though the subject himself said he had a concealed weapon. The contents of his bag, according to the in- vesligaling officer Bisagno, contained only a rain hat, some cheese and salami. No gun. However, even if the officer had found a gun, we still could nol arresl him because the officer did not see him" brandish the gun. R: (Poking a consealed finger from her sweater pocket ) What about a bank robber who goes like this? tpointing her finger inside the pocket al the Chief) C: Thai is a different violation concerning a different law. We are now lalking about 211, the armed robbery section. That section reads, "Robbery is the felonlous taking of pr- ersonal property in the immediate possession of another from his person against his will ac- complished by the means of forceor fear." So bysticking their hand in the pocket, hey are creating fear." R: Wouldn'l you Ihink a concealed bomb would creatd a lot of fear? C: Oh, yes. A bomb threat...but he didn't make a bomb threal. He staled, 'Tin going to blow you up." Now, when you talk fo people, like for instance, you lalk Io convicls, and 1hey talk about killing somebody with a gun, il is called "Blowing them up." SO you are reading this into a language which could mean the person ispulting a bomb in there and whether hal means'he is going to blow thlpm up with a gun, or whalever, we don't know, And under the law we can'f do an);lhing about tthal hrea. first commillmenl2 is the lives of the citizens over death hreats against anyone in our community. I definilely believe thal aking a person or removing lhal subject from the public where Ibe problem has been created for the time being and dealing with the con- sequences at a later time would make a lot of mer- chanls and citizens fee] safer. Sooner or later, Cloverdale is going Io get a 'for real' kook. I only hope lhal a life is saved." Chief, h.w do you respond o that? C: I agree with what she is slaling (and I know it musl have been Marie Vandagriff who made the salemenl because I ran the whole case by her as I knew i ). f explained the actions we had laken and why we had taken them; Iha Ihree differen officers had in- erviewed the individual and the officers were in a much better position to delermine lhe rational capabilities of this in- dividual, and they, all three, had made the same de,erminalion : That this individual did not fit under 5150 of the Welfare lnslilWion Code. And ihal his individual, if he is arrested (actually a 5150 is not an arresl, it is a com- mital), and all we do is take hem down to the mental health facility. But by aking his man into custody in violation of lher 5150 rights, we jeopardize nol only ourselves for law suits, bul also he cily because *his is bei/)g done more and more over Ihese menial cases, ihe cily could sland -) lose from 0 o 11 million. R: The cutmcilperson wh.m I have jus quoted sai ha* *hey did nol feel seling up the lrap and lost *he case. This is an example of Ihe type of mentality we are dealing with in our court syslem. And lhere have also been settlements already for mental com- mitlments where agencies have been sued and lost in similar circumstances, such as where a subject has been placed for a 72 hour hold. II has happened in our the right in such a case to protect himself and his righls of the person in queslion. ,, R: This wasn'l going to be my nexl question, but you have tripped my mind about the case of a man in he Bay Area who runs a store in a ra*her bad part of Iown. He has shol nine people out of self-defense for robbery when he was not sasisified wilh the police prolection he had received when he had requested help. He has taken the law into his own hands. If he should be arresled (he is very elderly) a "life prison erm" would probably mean only two years to him. C: In each of those nine situalion, you will read that he was threatened by an armed person and so he has store. R: I see. He proved this by actually showing the gun. But what ff the in- truder just said he had one in his pocket. Would that he a threat? C: Well, if he shot him...under code 211, then it is up to the courts to decide. We are not going to make the decision. If the store owner shot an individual who came into a store here in town, and we got there and found the individual was armed, then we are going to take his slalemem, and if the person is still alive, we are going to take thai person's stalemenl. And if the person who is dying says, Continued oll page 17 ha there was a jury court We provide the LOWEST COST FOREIGN AUTO REPAIR SERVICE Comparel Heldsburg $32 hr. Santa Rosa $36 hr. JOE TORVICK REPAIR SERVICE We service all makes and models, foreign and domestic. 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