Urgent - April 23, 2019 Major Incident near El Camino Real and Sunnyvale

Anonymous Person filed this request with the Department of Public Safety of Sunnyvale, CA.
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Communications

From: Anonymous Person

To Whom It May Concern:

***NOTE: Every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

Pursuant to the California Public Records Act, I hereby request the following records:
1. all press releases re: the car incident on April 23, 2019 allegedly injuring multiple people near El Camino Real and Sunnyvale (the "Incident")
2. all photographs of the Incident
3. all 911 calls of the Incident
4. all on-scene videos of the Incident
5. all witness reports of the Incident
6. all other public records or information requests (formal or informal) made to your agency by anyone else (including media), AND the responses you have given them, re: the Incident. Please remember your exemption-waiver requirements under Govt Code 6254.5 - if you have provided it to other public/media, we expect you to provide it to us as well.
7. all other available documents re: the Incident

Given the extremely high public interest in this incident, please waive fees and provide a response as soon as possible, and please provide responsive records on a rolling basis as you approve/redact them for disclosure.
If you do not waive fees, please send only those records available without any fees - since we have asked for electronic copies, we expect all will be available without fees. Nevertheless, for any records for which you would charge fees, instead of copies, please provide us the (free) statutorily-mandated CPRA determination of what records exist, so we may inspect them in person if we so choose to do so, and notify us of the expected costs if we wished to move forward with copies.

I would prefer the request fulfilled electronically, by e-mail attachments, if possible.

For all electronic copies, you have an obligation to provide electronic records in the original format you hold them.

Please consider your obligations under City of San Jose v. Superior Court (Smith), S218066 to search personal accounts/devices storing public records -- which we do explicitly request.

Please cite statutory authority for any records withheld in whole or in part.
If you withhold certain records at this time as part of a pending law enforcement investigation, we may continue to followup re-requesting the records in the future.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Anonymous Person

From: Anonymous Person

Please add to this request:
8. all arrest records of Isaiah J. Peoples

From: Department of Public Safety

Dear Anonymous Person,

This email is to acknowledge receipt and provide a response to your PRA request dated April 24, 2019.

* Pertaining to request #1, there are no written press releases pertaining to this incident. There were in-camera interviews, telephonic interviews, social media recorded updates, social media posting updates, as well as press conferences which are outlined below:

On 4/24/19, Chief Ngo released a recorded statement via the different social media platforms. Here are links to the recording, https://www.facebook.com/SunnyvaleDPS/videos/2272035633115648/, and https://www.youtube.com/watch?v=cCrx69YuSDo. The Department PIO Captain Jim Choi also held a press conference on this date. Here are some links to this press conference, https://www.youtube.com/watch?v=HvaNGPx8Nzc, and https://www.youtube.com/watch?v=4vHumKflAUM.

On 4/25/19, Chief Ngo held a press conference to provide updates on incident. Here is a link to the press conference, https://www.youtube.com/watch?v=fnjDWTcazVs.

On 4/26/19 Chief Ngo and the Santa Clara County District Attorney's Office held a joint press conference. Here is a link to the joint press conference, https://www.youtube.com/watch?v=D8o4qQi_Kjg. An update on the incident was also posted on the Department's Twitter page, https://twitter.com/SunnyvaleDPS/status/1121894526082138112, as well as Facebook page, https://www.facebook.com/pg/SunnyvaleDPS/posts/?ref=page_internal.

* Attached is a redacted copy of the incident with press log information that is responsive to your request. The balance of the information requested in items 2-5 and 7 are part of the investigative report, which is exempt from disclosure pursuant to Government Code s. 6254(f) and Haynie v. Superior Court (2001) 26 Cal.4th 1061.

* Pertaining to request #6, we received two other requests for information pertaining to this incident. The first request came from Britt Krause at Inside Edition. Attached is a copy of their request and the Department's response. The other request was sent to the Department's PIO Captain Jim Choi from a student at Sacramento State University for a copy of the suspect's Mugshot photo. Attached is a copy of the request and response to the requester.

* Pertaining to request #8, a search of Sunnyvale investigative records showed no prior cases in the City of Sunnyvale involving an arrest of Isaiah Peoples. The City is prohibited from disclosing broader criminal history information pursuant to Penal Code sections 11105 et seq and 13300 et seq.

Please let me know if you have any questions.

Regards,

[cid:image001.png@01D50019.205D8580]

Follow us on:
[cid:image003.png@01D2FFAB.56530EA0]<https://www.facebook.com/CityofSunnyvaleCA> [cid:image004.png@01D2FFAB.56530EA0] <https://twitter.com/CityofSunnyvale> [cid:image002.png@01D2FFAB.56530EA0] <http://www.linkedin.com/company/city-of-sunnyvale>

Phuong Fromm
Public Safety Records Manager
Sunnyvale Department of Public Safety

Phone: 408-730-7163
Fax: 408-730-7705

Sunnyvale.ca.gov<https://sunnyvale.ca.gov/>

From: Anonymous Person

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Anonymous Person

From: Anonymous Person

Thank you - a follow up:

To Whom It May Concern:

***NOTE: Every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

Pursuant to the California Public Records Act, I hereby request the following records:
9. All body worn camera footage of the Incident, as you have stated you are in possession of in the incident report https://www.documentcloud.org/documents/5985421-19-3349-ORIG-PAGES-1-3-Redacted.html

Given the extremely high public interest in this incident, please waive fees and provide a response as soon as possible, and please provide responsive records on a rolling basis as you approve/redact them for disclosure.

If you do not waive fees, please send only those records available without any fees - since we have asked for electronic copies, we expect all will be available without fees. Nevertheless, for any records for which you would charge fees, instead of copies, please provide us the (free) statutorily-mandated CPRA determination of what records exist, so we may inspect them in person if we so choose to do so, and notify us of the expected costs if we wished to move forward with copies.

I would prefer the request fulfilled electronically, by e-mail attachments, if possible.

For all electronic copies, you have an obligation to provide electronic records in the original format you hold them.

Please consider your obligations under City of San Jose v. Superior Court (Smith), S218066 to search personal accounts/devices storing public records -- which we do explicitly request.

Please cite statutory authority for any records withheld in whole or in part.
If you withhold certain records at this time as part of a pending law enforcement investigation, we may continue to followup re-requesting the records in the future.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Anonymous Person

From: Department of Public Safety

Dear Anonymous Person,

All body worn camera footage related to this incident is part of the investigative report, which is exempt from disclosure pursuant to Government Code s. 6254(f) and Haynie v. Superior Court (2001) 26 Cal.4th 1061.

Please let me know if you have any questions.

Regards,

[cid:image001.png@01D504E0.F5C547F0]

Follow us on:
[cid:image003.png@01D2FFAB.56530EA0]<https://www.facebook.com/CityofSunnyvaleCA> [cid:image004.png@01D2FFAB.56530EA0] <https://twitter.com/CityofSunnyvale> [cid:image002.png@01D2FFAB.56530EA0] <http://www.linkedin.com/company/city-of-sunnyvale>

Phuong Fromm
Public Safety Records Manager
Sunnyvale Department of Public Safety

Phone: 408-730-7163
Fax: 408-730-7705

Sunnyvale.ca.gov<https://sunnyvale.ca.gov/>

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