Report Number: 20-004218
Date of Event: July 23, 2020
Overview:
The Eureka Police Department is releasing the following material associated with the fatal use of force incident that occurred on July 23, 2020 in the 2800 block of Lowell St. in accordance with California Penal Code §832.7 (SB 1421, 2019).
This law offers the public access to personnel and investigatory related files related to four categories of officer conduct:
• Discharge of a firearm by peace officer toward another citizen;
• Use of Force resulting in death or serious bodily injury;
• Sustained findings of investigations of sexual assaults;
• Dishonesty in the investigation of crimes by peace officers
The objective of PC §832.7 is to provide the public access to police officer personnel files and investigations related to the circumstances above. Information released relates to the act(s) completed by the officer; not all details of the investigation if the information is not relevant to the four categories above. Specific redactions or withholdings are outlined in the Penal Code which codifies Senate Bill 1421 enacted in 2019. See below for further.
Introduction:
On July 23, 2020 approximately 1718 hours, a citizen phoned the Eureka Police Department communications center requesting a welfare check of a friend, John Karl Sieger, age 51 of Eureka. According to the caller, Sieger was intoxicated and sent a photograph of a firearm and various containers of alcohol in a yard while making suicidal statements during their text conversation. Over the next several hours, officers worked with a variety of resources including a Crisis Negotiator from Humboldt County Mental Health to attempt to contact Sieger and get him assistance while maintaining contact with the original caller. Approximately 1945 hours, three gunshots were fired from the yard Sieger was occupying. Attempts to contact him resumed. Approximately 2023 hours, Sieger exited the backyard of his residence and raised a handgun at officers. Officers discharged their weapons, striking Sieger several times. Medical was summoned to the scene and Sieger was transported to St. Joseph Hospital ultimately succumbing to his injuries.
Materials Released:
In accordance with California Penal Code §832.7, material released at this time includes items compiled and presented to the District Attorney to determine if criminal charges should be filed against an officer(s) in connection with the incident. Additionally, records related to an internal policy review to determine whether the officer(s) actions were consistent with law and agency policy for purposes of discipline or administrative action.
Material currently being released include:
All investigative reports;
Eureka Police Department Internal Shooting Review – evaluating compliance with Department policies and procedures;
Eureka Police Department Criminal Investigation – submitted to Humboldt County District Attorney for review in November 2020 to evaluate the legality of actions taken;
Humboldt County Multi-Agency Critical Incident Response Team (CIRT) – The CIRT is a multi-agency fact finding team that assists with the criminal investigation into the incident. Per Humboldt County CIRT protocol, primary agency is co-lead with an Investigator from the Humboldt County District Attorney’s Office.
The goal of the CIRT involvement is to help assure that critical incident investigations such as this event are fully and fairly investigated, and that the proper disposition of such cases are made based upon all the legally available, relevant evidence.
CIRT involvement and documentation can be found in Sections 14a-g of the Criminal Report
Photographic, audio and video evidence;
Photos of the scene, involved officers, material evidence
Audio files of the police radio and telephone communication of the incident
Audio files of interviews of neighbors
Body Worn Camera footage of the use of force from officers on scene
Referenced footage of officers in perimeter positions prior to and just following the use of force
Surveillance footage from neighbor depicting audio of the original 3 shots fired from backyard, visual is of alleyway only
Cell phone footage from neighbor depicting officer actions immediately following shooting
Transcripts or recordings of interviews;
Transcripts of officer interviews
Transcript of interview with Mental Health Crisis Negotiator
Transcript of interview with citizen witness
Autopsy Report
Material Redacted/Withheld:
Penal Code §832.7 specifically outlines material from the investigation that is to be redacted including;
Removing personal data or information such as home address, phone number, identities of family members of peace officers;
Preserve anonymity of complainants and witnesses;
Protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about officers;
Where there is a specific, articulable and particularized reason to believe disclosure would post a significant danger to the physical safety of an officer or another person;
Personal identifying information where the public interest is served by not disclosing the information clearly outweighs the public interest served by disclosure.
In consideration of the specific points above, the following has been redacted or withheld from release:
• Physical addresses of event, neighbors, family, witnesses etc.
• Identifying information for family members, neighbors, witnesses including name, workplace(s), address, phone numbers etc.
• Medical and mental health history information for involved parties
• Autopsy photos or photos/video depicting Mr. Sieger following the use of force
• Audio and transcripts of interviews with family/friends. Summaries are included in investigator’s reports
• Photos inside residence
• Officer videos from after the use of force or those that have no material purpose
Note: More video is being released than legally required to allow as comprehensive of a view of this event for the community
• Cell phone/electronic records obtained from all parties that are governed by specific electronic privacy laws or were obtained by search warrant
• Material or statements that would violate any other state or federal law not specifically covered in above list
Materials yet to be prepared but are expected in coming months:
• Determination by District Attorney and her findings
• Internal Use of Force Review Board evaluation of event and their findings/recommendations
• Department of Justice Bureau of Firearms review of firearms used in event
• Materials, documents related to disciplinary records relating to incident, if any
Next Steps:
Now that the criminal report and internal policy reviews are complete, the Eureka Police Department will convene a Use of Force Review Board in accordance with internal policy. This board is comprised of members of the community, subject matter experts, supervisory and line staff and a member of an allied agency.
Members will present the Chief of Police a tertiary assesement of the event after evaluating the totality of the material above. Per policy, the Shooting Review Board will make findings noting if the employees actions were within policy. The board can also recommend a disciplinary investigation be initiated as well as make training development and policy review recommendations.
Finally, the Chief of Police will review the recommendation and make his final determination regarding the event.
Body Worn Camera footage:
The Eureka Police Department was an early adopter of the use of Body Worn Cameras (BWC) and utilized BWC camera technology since 2016. Our current fleet of cameras is at the end of their operational span and in the process of being replaced. As such, battery life can be affected and officers might need multiple batteries during their shift, cameras might not be readily available to all personnel at times of high staffing etc. Body Worn Cameras are always recording video in the background and the audio is manually activated to record by officers in accordance with policy. In a typical recording, the first minute is mute but the audio turns on at the time the officer activates the camera. In events when the camera is not manually activated or if it is inadvertently turned off by being hit, bumped etc., a feature allows for just the video footage only (without audio) to be retrieved from the point the camera was last turned off until it is downloaded to a server by a System Administrator. This feature is called “record after the fact” and was utilized to retrieve some of the officer’s recordings in this incident. Details as to the use of Body Worn Cameras and the information obtained from each is outlined in both the internal and criminal reports.
In accordance with California Penal Code §832.7 (SB 1421, 2019) and in the interest of public transparency, the Eureka Police Department (EPD) is releasing more records associated with the fatal officer-involved shooting of John Karl Sieger (age 51) that occurred on July 23, 2020 in the 2800 block of Lowell Street.
This material can be accessed through the Transparency Portal on the Eureka Police Department’s website under the section “Officer Involved Shootings.”
(Warning: The video/audio material may contain graphic and disturbing images along with strong language. Viewer discretion is advised.)
Records being released include:
All investigative report
EPD internal shooting review
EPD criminal investigation
Humboldt County Multi-Agency Critical Incident Response Team (CIRT) investigative documentation
Photographic, audio and video evidence
Transcripts and recordings of interviews
Autopsy report
Please refer to the attached addendum for additional details including material being redacted/withheld, next steps, and further record releases expected in coming months.
The Eureka Police Department would also like to provide the following important information for those who may be in crisis and need help:
If you or someone you know is experiencing a psychiatric emergency and needs immediate help, please contact 911. Help is also available through our local 24-hour crisis line (707-445-7715) or the National Suicide Prevention Lifeline.
If you are a military veteran in crisis or concerned about one, connect with the Veterans Crisis Line to reach caring, qualified responders with the Department of Veterans Affairs. (https://www.veteranscrisisline.net/.) This support is free, confidential and available everyday 24/7 to all veterans, their family members and friends. Call 1-800-273-8255 (and press ‘1’) or text 838255.
The National Suicide Prevention Lifeline also provides 24/7 free and confidential support for people in distress along with crisis resources for you or your loved ones: 1-800-273-TALK (8255) or text the Crisis Text Line (text HELLO to 741741).
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