BY DAN VALENTI

Now you have crossed the line Mr. City. Let me set the record straight for you, and for Dan and his readers. Pay attention now.I have had all I can stand, and I can’t stand it no more, as Popeye said. Here are the answers to your questions Dan. Let me start by saying that you have right to ask all of them, and to expect answers to all of them, although formal answers will take some time. 

Who made the initial call to the police? Multiple 911 calls were received.

What was said? In other words, how serious did the situation seem to be? 

I don’t know but all calls are recorded and will be made part of the investigative file. The question is what was relayed to the officers en route? All the radio transmissions are recorded and will be part of the investigation too.

The release said “patrol units” plural. Did more than one arrive?

Yes

What was their evaluation of the gravity of the scene?  

Don’t know.

County Ambulance did not transport Estrella to BMC after the man refused to go. Was he fit to make that judgment?  

People refuse all the time, and they are asked to sign a form acknowledging refusal and many times refuse to even sign the refusal form. Yes he was fit to make that judgment. Had he been passed out bleeding for example, they would have just taken him.

Do police has the power to override such a decision if, in their judgment, the person is a threat to self and others? He had already cut his own face with a knife. 

Yes, for mental health treatment, not or physical treatment. Google section 12 law. Cops would have offered a free ride to BMC for psych eval if indicated, but perhaps it wasn’t – I have no idea, or inside knowledge, on what cops at scene were presented with – perhaps it was said it was accidental, or what not, I don’t know. Bottom line is, cops have discretion to take a person against their will to BMC for psych eval. It is a custodial situation, as in the person gets handcuffed and taken there if he doesn’t go voluntarily, but it is not mandatory – “In an emergency situation, if a physician, qualified psychologist, qualified advanced practice registered nurse or licensed independent clinical social worker is not available, a police officer who believes that failure to hospitalize a person would create a likelihood of serious harm by reason of mental illness may restrain such person and apply for the hospitalization of such person for a 3-day period at a public facility or a private facility authorized for such purpose by the department.”

Was there any indication from the time officers arrived until the time they left that the “subject” would turn violent? 

Probably not, or they would have section 12’d him.

What role did the girlfriend play in the evening’s incident? What caused Estrella to become agitated?

Don’t know

The phrasing reads that subject was “causing a disturbance again.” What was the nature of that disturbance?

I don’t know but people don’t report what happened by using that word, which is dispatcher speak, and would drive me bug fuck when I would be dispatched for “a disturbance”. The cops needed to be told what the caller actually said. Again, this was recorded, but the larger question is what were the cops told by dispatch?

The release implies more than one patrol can responded. Further information suggests only one did. Which is it?  

Cops never are sent solo to calls like that. 

How could the 22-year-old not become incapacitated by two TASER “successful” shots?

In a word, drugs. Also, could be extreme mental or physical strength, agitation, even genetics could play a role, and weight, and where he was hit.

Was the reaction of “1 officer,” the one that fired the fatal shots, proportionate to the threat from the victim?

Based on the eye witness quoted in today’s Eagle, absolutely justified use of force.

Did any of the other officers draw their service weapons? 

Don’t know. Normally, they are trained not to all draw. For example, one would draw gun, one Tazer, one would have rifle, one would have handgun, one would have bean bag gun maybe – lots of potential tools to use, if time.

How many other officers were present? What did they see?

Don’t know but all  persons present, civilian and police, and EMS will give statements and the investigation will show this. Additionally, the neighborhood will be canvassed because there may be other eye or ear witnesses from nearby homes, or cars, and there may even be video of some of this.

Was Crisis Intervention experts called? 

Probably not, unless person wanted that during first go around. You don’t bring a social worker to a scene of a man assaulting others with a knife. It’s a recipe for death of social workers.

How were at least two armed and equipped police officers not able to subdue Estrella without shooting him?

They tried. They Tazed him, twice.   He continued to advance. It’s called escalation of force, and the next level up if cop didn’t have a non-lethal bean bag round at the ready,  which is not standard issue,  is the handgun. You don’t tackle a person with a knife. That is a good way to get yourself and others killed. 

Was the police response appropriate and justified, and how does that reflect on the PPD’s command structure?

It appears totally appropriate and justified, and if it wasn’t the investigation will reflect that. I expect the investigation will reflect highly on the command structure. 

Mayor Tyer along with the city council must demand accountability not only from Chief Wynn but also for their own lack of management.

If you are suggesting Dan, that the city council, and mayor, must demand accountability from the chief, they will get that, in the end, if they want it, but the chief reports to the mayor, not the council, who are as useless as you know what. As to the councilors “own lack of management”, it’s self-evident, as the city has fallen down around The Kapanski’s for decades, despite all the different councilors and mayors at the helm. As we say in policing, same shit, different day. The sad reality is lone wolf councilor can’t make much of a difference, but a mayor can. And don’t even get me going on the useless police advisory committee.

Each should ask themselves: “How much of Estrella’s death can be attributed to me?”

The short answer Dan, is none. None of Estrella’s death should be attributed to Tyer, or the councilors, or the chief.  I am no fan of the mayor, and I think she has been a failure of a mayor, on many levels, especially crime, despite her lovely nature, and all the money she threw at the problem but then again, as a lady friend once told me, opinions are like assholes, everybody’s got one, and so that’s just my opinion. However, the decedent brought this on himself, therefore his death is attributable to him and him alone. 

As to “City” disparaging the chief of police, the chief is a use of force expert, and understands these investigations well and the investigations will be handled with the utmost professionalism. For “City” to question what drugs the cop that shot the person was on, is totally uncalled for, and out of bounds, and the reason I opened this can of spinach in the first place, along with his disparagement of the chief, who bears zero responsibility, for this death. For “City” to call for the chief to be investigated is total bull shit, and finally, yes, he deserved to be appointed chief and is a duly appointed civil service chief of police.

And by the way, there will be 2 investigations. One administrative, or internal as they are called, by the Pittsfield Police, which is to determine if the policies and procedures that govern this type of call were violated, or not, and the other, more pressing one, which is the homicide investigation, which is being conducted by the state police assigned to the Berkshire District Attorney’s office. 

The decedent brought this on himself. It is he, and he alone who bears sole responsibility for his decision to charge a cop with a knife. If his blood was on any cops hands, it was only because they tried to save his life. So shame on you “City”, and all the damn fools in the Eagle article, blaming the police instead of Estrella. Our thoughts and prayers should be with the police who handled this call, and especially the one who stopped the threat, and who will now be investigated every which way, simply for doing his or her job, and doing it well, despite the war on cops, and a largely apathetic and unappreciative public.