CAMPBELL — The Campbell Police Department is defending an officer’s decision to draw his gun during a recent car stop on Highway 101 — an incident recorded by a motorist and posted on Facebook, where it has been watched over a million times and evoked scores of viewer criticisms.
Captured on cell phone video by the driver, the approximately nine-minute video shows the unidentified officer pointing his pistol at a male passenger, who tells the officer several times to stop while holding up his hands. But Campbell police Capt. Gary Berg contends the recording is incomplete and doesn’t show what led up to the interaction or how it ended.
“We are in a position to provide the context because we have reviewed the officer’s body-worn camera, which recorded the encounter in its entirety,” Berg said in a lengthy statement about the encounter issued Monday.
Officials are reviewing whether to release the body-camera footage, in its entirety or through excerpts, but no decision has been made, Berg said Tuesday.
On July 28, the motorcycle officer was northbound on Highway 101 south of Bailey Avenue between San Jose and Morgan Hill when a vehicle reportedly passed him in the far-right lane at about 85 mph. Berg noted that all California police officers have the authority to enforce the vehicle code regardless of their jurisdiction, and that the officer stopped the car for “safety concerns.”
Berg said the first few minutes of the encounter, which did not make it into the now-viral video, included a “cordial conversation” between the occupants of the vehicle and the officer, who explained why he stopped them and asked for the license of the female driver and the car’s registration and proof of insurance.
The occupants spent several minutes looking for those documents, and at one point the officer told them to stay in the vehicle as he prepared to walk back to his motorcycle to write a ticket. Berg said it was around that time the passenger started to reach under his seat.
“Unfortunately, the passenger’s unexpected movement toward the bottom of the seat caused the officer to perceive a threat and draw his handgun,” Berg said.
In the video, the passenger explains that he was simply looking for the requested items and holds his hands up. The officer tells him he understands, but also not to move.
“Why are you still pointing the gun at me, bro?” the passenger asks. “My hands are right here.”
Many of the comments on the video are critical of the officer’s decision draw his gun.
“He needs to be fired,” wrote one Facebook user.
“A little excessive I think but who keeps their registration under the seat?” wrote another.
Berg said the officer’s actions were in line with his training.
“Our officers receive a tremendous amount of training on a consistent basis and that training is what dictates our response,” he said. “This is intended to protect our officers as well as those they come in contact with.”
Berg also acknowledged the unusual length of the incident, noting that backup officers had to fight through rush-hour traffic to reach the scene: “If this same situation would have occurred closer to back-up officers, it would most likely have been resolved much sooner.”
The video also is missing the conclusion of the incident, which purportedly shows the officer explain his actions to the passenger, Berg said.
“The passenger indicated he understood why it happened and actually apologized to the officer,” Berg said.
The motorists were then cited and allowed to continue their travels.
Below is the video that was posted to Facebook by the driver. Warning: Some language may be offensive.
