errorAn independent arbitrator ruled that former Riverside Police Department officers Michael Alagna and Wayne Stewart were wrongly terminated by the city, for their role in the 1998 shooting of Tyisha Miller, and should be reinstated.


However, city officials refused to release the arbitration findings to the Black Voice, even after the daily newspaper, the Press-Enterprise had already published an article quoting extensively from independent arbitrator Robert D. Steinburg's decisions..


"We are legally restricted in this matter, and can not provide a copy without the permission of the attorneys involved," a city representative said, referring all requests to the officers' attorney, Bill Hadden, or Press Enterprise reporter Lisa O'Neill Hill.


Not surprisingly, the arbitrator's decisions sparked a strong response from community members and members of Miller's family.


"We're outraged that they would say Tyisha's death was a minor training error," Ron Butler said.


Brian Dunn, one of the attorneys who represented the Miller family in its litigation with the city of Riverside said that the family would be upset and traumatized by the decision.


"We believe that what happened in this case was an act of murder," he said. He added that the behavior during the incident and afterwards, especially the comments made by former sergeant, Gregory Preece, made it clear that it was something other than an act of simple misconduct. His office had been taking sworn depositions from all four officers, who shot Miller, in connection to a law suit filed by the officers, against Miller's parents.


Community activist Tanya Humphrey said she was extremely disappointed with the decision to reinstate the officers, but not at all surprised.


"It reflects poorly on the police department to allow police officers to remain on the force no matter what," she said. "It reflects poorly on Riverside as well."


Humphrey, who addressed the issues of police accountability and misconduct, in the aftermath of the Tyisha Miller shooting in 1998 said that the Miller shooting was not an isolated incident but part of a trend of misconduct by the Riverside Police Department towards people of color.


"Because we have to train our children to look at officers differently, means that they have actually succeeded with their intimidation tactics," she said.


She was critical towards the binding arbitration process, which clearly favors law enforcement officers.


"It really gets down to the strong lobbying of the police association," she said. "Police who really see themselves as beyond the law.,"


Humphrey also criticized a comment made by the officers' attorney, Bill Hadden to the Press Enterprise. He had said that he felt that Steinburg's comment that the officers could not go back to work because people of color might not like it was insulting to people of color.
"They probably should consult the minority communities on how they feel about having these officers back on the force," she said.


Retired Air Force Colonial Ralph Smith called the reinstatements, "an insult to the community," and also said that the reinstatements would traumatize the community. The same community that had made its feelings towards these officers clear, through protesting in the streets of Riverside for over a year.


Smith, who currently serves on Police Chief Russ Leach's Advisory Board, also questioned the judgment of placing the officers in a situation where they could be a danger to the community and where their own safety might be compromised as well.


"I'm not denying them the right to work, but they should not be put out on the street," he said, adding that if they return to the force, they should be given another assignment, "perhaps sweeping the floors at the jails."


Realtor Michael Teer said that he was concerned that the arbitrator's decision sends a message that nothing ever happened.


"It is almost as if they got away with poor behavior, and frankly are being rewarded," he said.


The decisions to reinstate Alagna and Stewart, came on the heels of prior decisions involving former Riverside Police Department sergeant, Gregory Preece and former Riverside County Sheriff's Department deputy, Tracy Watson.


Arbitrator John Perone overturned Preece's firing, but demoted him and gave him a 30 day suspension with out pay. Both the city and Preece are currently appealing the ruling, in superior court. Preece filed a law suit alleging that he suffered racial discrimination and harassment from the city, and former Police Chief Jerry Carroll. The law suit claims that the defendants have caused Preece "physical injury, pain and suffering, extreme and severe mental anguish and emotional distress" as a result of its discriminatory practices.


Watson was reinstated by the State Court of Appeals, after being fired five years ago, for his role in the controversial beating of two undocumented immigrants, outside of El Monte, that was captured on video by a media helicopter flying overhead. He is trying to return to duty, but according to court records, he is unable to own or posses firearms until Nov. 2002, as part of his terms of probation stemming from a 1998 incident, involving his stepchildren.

post script: Last month, I filed a formal Freedom of Information request for the arbitration findings of Alagna and Stewart, but the Riverside Police Department contested the release of those documents, stating that the privacy of the officers superceded the public safety issue involved in this case.

My response? It is silly for the city or any of its entities to assert the privacy rights of two of its employees who had already waived their rights to privacy by handing over the documents in question to the Press Enterprise, a daily newspaper that ciruclates to over 400,000 readers.

I am currently working on my appeal of the city's decision to deny the request. The cases cited in their argument deal specifically with how state law protects PERSONNEL RECORDS of peace officers, but doesn't pertain to arbitrator's findings. --M.S.

Yet another example(out of an astronomical number) of government hypocricy. To them, terrorism and murder are not crimes, as long as it's government employees that are committing them.

The Black Voice shouldn't get the information. It would be too difficult to understand the ebonics version of the truth. Besides, they can't spell.

I’m excited for all the officers, and know that they will get awarded "big big bucks" for their (now official) wrongful termination.

Thanks to the leftnecks and colored people that hate whites and the police... the officers will be rich.

Thyisha was a dangerous heavily armed (several guns,) drug infested, drunk driving felon in progress.

Her girly friends will miss her though. But someday, they will be reunited with Ty-eat-shit Miller

Joe-go back to Mississippi! You're late for the Klan meeting!

Thanks for your comments.

Perhaps "Joe" is a local, probably tied in law enforcement in some way or wishes he were, due to the fact that several police officers have referred to Ms Miller in exactly the same word usage as he just did, and at one time even threatened to distribute fliers about her. Interestingly enough, the words almost match exactly word-for-word, those found on the infamous "one less n*****" flier in downtown Riverside, on July 18, 1999. A flier whose creator, and distributer was never positively identified. Certainly food for thought.

If she weren't dead, the terms used to denigrate Ms Miller would be considered libal or slander, b/c none of the references that these officers and their supporters were proven to be true.

"Joe" serves a valuable purpose, for he is evidence that racism at its most ugly and vile, exist in this world. Not that people like him are the only examples, but pretty eloquent and outspoken ones at that, wouldn't you agree? He and others like him are evidence as to how much work we must still accomplish to achieve racial parity in Riverside, and society at large.

As you may know, the city of Riverside signed a "consent decree" with the State Attorneys General's office to force the Riverside Police Department to enter into a five year period in which they would implement a series of wide-sweeping reforms to improve training, supervision and accountability of this long-troubled agency. In addition, they would implement other reforms that would tackle the problems with racism within its ranks including video monitering of the roll call rooms, and increased diversity training. At this point, most of the officers, for better or worse, are complying with the reforms. Many have said that they now believe it is for the betterment of the department, and those who say this, especially publically, that should be noted. Others still want things the way they used to be in the good 'ol days of the wild, wild west of Riverside, the days when the Yosemite Sam mentality ruled. Those would probably echo "Joe's" words here. But soon the world will move forward without them, because they will still be clinging onto the values of the 'Old South. They are the ones who have helped give Riverside it's reputation as "Mississippi West."

Mary said "If she weren't dead, the terms used to denigrate Ms Miller would be considered libal or slander, b/c none of the references that these officers and their supporters were proven to be true."

Thats interesting. Tyhishit's blood was full of dope and alcohol. She also had 3 guns in her car. 1 was stolen. Do a freedom of info act release on the proerty sheets. Check the former PE NP articles.

Sorry, Joey, but unless Tyisha Miller was convicted in a court of law for these crimes, then it would be libal to call her these things in print. This is why when you read in a newspaper, "alleged killer" instead of killer, print the latter, and you can get sued, that person probably will win, especially since the burden for proof on libal for a non-public figure is less than for a public figure(i.e. governmental office holder)

Interestingly enough, there is a case in the pipeline that might challenge the legal standard that those who are dead can't be libaled.

Joey, don't worry, you're not the only law enforcement officer who needs to brush up on media law.

Mary,

What's a "Carpet Muncher?"

Joey, Its too bad that your not able to stay on topic, and defend your position from a well informed standpoint. Questioning Mary's sexuality is completly off base and unimport. Your short mindedness exposes your insecurities and obvious impudence. Sorry, try again.

Dude I am ready to protest. Lets hit the streets of Riverside!!! I live right by it (in a city called Grand Terrace, heh its about a 1 mile long city). Come on lets do it!! Lets smash those racist Riverside cops! ohhh yea!

-"power to the people"

sorry, Joey, I have never heard of that term. I suppose my antiquated vaccuum cleaner could fall under that definition, of carpet muncher. I'm sorry that you have to use apparently crude comments like that to prove some point. Reminds me of something that a RPD officer used to tell other people of why myself and other women became involved in police reform. His explanation, which I heard second-hand, is not appropriate for this family forum. I suppose, as with Joey, it's a defense mechanism to avoid the truth that there are many problems in our LE agency which need to be fixed. Better to attribute some other meaning to why people care about these issues that attributes responsibility for the problem away from the officers.

The Press Enterprise is one form of news. Especially on issues like this one, I do not allow it to serve as the only source of news. It's like living on only one specific type of food every day, not a healthy diet. One of their reporters have said, "I've read the police report, that's all I need to know," then added that they should not have cursed at the officers(info on the report) to some good friends of mine who were suing the city and police department for police misconduct against them. That's not my philosophy, as to me, a police report is one person's version of the events that took place and it is hardly unheard of for officers to lie, especially if there is a problem with an action taken by them. Another writer once was overheard telling his editor on his cell phone, that the event he was covering(a hearing on incidents of police brutality) was about "soreheads who needed to get a life." Not my philosophy either, I don't deny that police brutality and misconduct exist and lies squarely on the shoulders of those who engage in it.

The condition of mainstream media outlets today, is why alternative forms of news coverage are so very important.

thanks for the comments BTW. The Alagna/Stewart situation has caused a great deal of upset, and I will keep people posted on what happens.

It took me several years Joe, but I think I finally know who you are.