Posted by: benbacsierra | August 18, 2016

“Endurance and Amor for Amilcar Perez-Lopez”

Amilcar and Alex Joined           On February 26, 2015 Amilcar Perez-Lopez was unlawfully killed by the San Francisco Police Department. Now a year and a half later, the San Francisco District Attorney shirks his duty and refuses to file criminal charges against the officers who killed Amilcar. If the San Francisco District Attorney does not file criminal charges against the police officers who killed Amilcar, then it will be harder for all coalitions to obtain even crumbs of justice for any other unlawfully killed loved ones. Together we must fight for Amilcar by making sure that the district attorney performs his elected official’s duty.

As Amilcar was running away, he was shot in the back and the back of the head a total of six times by undercover plain-clothes police officers who never even identified themselves as police officers. This is undeniable physical proof for the bare minimum legal standard of PROBABLE CAUSE to prosecute these officers. “Probable Cause” does not mean that these officers are guilty; it simply means that maybe MAYBE something unlawful happened so that a jury could decide this case. Think of it this way: Is there at least a ten percent possibility that officers acted unlawfully in this case? A reasonable answer: of course.

Amilcar is the least of our brothers, our janitors, our roofers, our ignored immigrants and belittled brown people. At Home Depot and U-Haul stores, you see them waiting patiently and with dignity for the work no one else wants to do. They pick up your dishes from restaurant tables. They did not come here for their own benefit. They came here for survival.

A brief irrefutable history lesson:

In 1954 the United States Central Intelligence Agency led a coup that overthrew the legitimate Guatemalan government and instituted a puppet U.S. regime. It was this injustice that Che Guevarra personally witnessed that radicalized and transformed him. Back in 1954 Guatemala had begun to rise, but the indigenous Mayan geniuses who understood time and the universe better than their European counterparts could not be allowed to thrive over U.S. corporate interests. By the 1980’s full blown civil war, massacres, and genocide against the native Mayans ensued. This horrible legacy, unfortunately, endures in the form of extreme poverty and continued oppression—gentrification in its worst form.

From 2002 to 2003, I personally defended political asylum refugees and gained them immigration status here in the U.S. Here is an example of one such briefing I wrote: Because her father supported the guerillas with food and water and because the Guatemalan Army accused all Mam Maya of being guerillas, the Guatemalan Army disappeared her father. When she was in her mother’s womb, the Guatemalan Army beat and terrorized her mother. Her aunt was mutilated and killed. When she was only a few months old, “V” was forced to abandon her ancient homeland for a strange land where she had no status or rights. She grew up fearful, uneducated, and sad. She was stripped of her identity and humanity.

Amilcar Perez-Lopez also came from this war-torn history. He had no criminal background. He was a hard working quiet immigrant. Only five feet tall and approximately one hundred twenty pounds, he was running away from undercover police officers who, without warning, assaulted and battered him. The web of lies that San Francisco has promoted can be clearly seen if you click on the link: https://justice4amilcar.org/legal-status/. There is no way Amilcar was a threat to officers. If the District Attorney won’t even prosecute these rogue officers in a case where there is obviously “probable cause,” then consider how hard it will be for other families and coalitions seeking justice for their loved ones. And remember, we are not even advocating convicting the officers at this point. We, the tax paying people, rightfully deserve a public trial paid for by our taxes.

Note that if Amilcar’s case does not rate a criminal trial, where all the discovery and evidence will come to light, then a civil trial (which must be funded by the family’s attorneys [who will be outspent by the San Francisco City Attorney by ten to one]) will be an uphill battle for the community and family. When there is a criminal trial, all the evidence comes out so that for any civil trial, where the burden of proof is a lesser standard, it is much more favorable that the community and family gain justice. We, “Amor for Alex Nieto,” clearly demonstrated the difficulties of obtaining justice during the Alex Nieto civil case. The jury will be prejudiced against the victims and in favor of the police—unless we can first prove that police officers can actually be criminals! Although there is no guarantee, we would expect the jury to feel a precedential pressure (based on criminal charges having been filed) to find a preponderance of the evidence in a civil trial, which, in our current justice system, is probably the best we can expect.

Let’s rise together for Amilcar. We must pressure District Attorney Gascon not to be a corrupt coward in this case. Call D.A. Gascon at his office: (415) 553-1751. Attend the rally on Friday, August 26 at 6:00 p.m. at the site where Amilcar was killed in San Francisco (Folsom between 24th and 25th). Support the Amilcar Perez-Lopez Coalition by supporting Father Richard Leslie Smith, and let’s get out there together to push for justice and love for Amilcar, the least of our brothers.

Benjamin Bac Sierra, your servant

“Amor for Alex Nieto”

Amilcar Perez Lopez SF

Amilcar Perez Lopez

Posted by: benbacsierra | June 15, 2016

MISSION ROOTS

On June 16, 2008 my brother Jeff claimed both la vida loca and la muerte loca.

He hadn’t been just my brother. He had been like my father, since our own father had died when we were so young. As you have read, my brother was an anger inside of me, a tough will for something, a person to impress, and the example of how crazy could be transferred into positive momentum in the classroom. He had charisma but a fault of staying loyal to the streets’ code that halted him from evolving. Growth was not his goal. On the block, Jeff marched around with a heavy-duty steel link chain wrapped around his neck. He checked gang members by petting them on the head, yet if you would stand up to him, he would smile. He wanted you to fight and to hold dignity ‘cause that was all you had if you were living that lifestyle. Once upon a time, in his 66 droptop Impala lowrider, Jeff witnessed the cops, as usual, patrolling and marauding through the hood. He decided to turn them into the hunted. Hitting his lowrider switches, bouncing his 3500 pound classic up and down, Jeff pursued and menaced them! On their tail, he flashed his high-beams to let them know they were being stalked. When the cops finally figured out they were being pulled over, Jeff interrogated them and ultimately accepted the hit to jail. Locura was his contribution: this is the unashamed spirit of our streets and community.

When he died, I howled. Perhaps I should have expected his death. I felt proud that I had made him happy during his life, but was ashamed that he died alone. But he was a man who knew we all live and die alone.

Am I praising him? Am I implying I would want my own son to be like him? He could never be him. These are different times, a different place. The Mission as we knew it no longer exists: it has been gentrified—the actual tar and cement rehabilitated by billionaires who have kicked out most of the poor people of color. The property on Mission and 22nd that housed my brother’s insurance business and other Latino owned stores was scorched in 2014, what many in the community theorize is an ordinary arson strategy to boot out the homeys and the gente. So Jeff would not even be able to claim that Mission space. He was an Indio, the worst insult and the highest honor. For better and worse, his legacy remains in me, so he can never be a failure if I refuse to be a failure myself. He branded the locura battle scar upon me. Because I am a homeboy, I do not surrender.

I can’t advocate a norm that would have been better for Jeff, but that doesn’t mean I am a nihilist. Perhaps it is a deceit to not fully address the negative aspects of his life, but if learning has taught me one thing, it is that we will all graduate from life to death. Even with all my education, I must admit, my brother lived exactly the way he wanted. Perhaps he could not see a farther future for himself, or perhaps he felt committed to suffering for suffering’s sake, such an eccentric noble obligation. Although he could not articulate it, he felt the betrayal of this country and of his skin color and of being a cholo, so he forced everything to be extreme, exactly how America makes everything extreme, but for me, through me, he could predict a brighter future. The only justice I can give him is to acknowledge his tremendous impact on me through these words. He was a Mision superstar, a star in his own mind, perhaps the only place where it matters.

Isn’t the truth of education, of teaching and learning, not an objective truth, which is ultimately illusory, but a subjective certainty? Authentic education is a connection between objectivity, intelligence, and your most important person, you, yourself, your most heartfelt subjective emotions. According to what Jeff used to preach, we all matter most individually. Every once in a while, he would declare:

“Everything is subjective.”

To him the most important truth was subjectivity, but if he could help you get to that truth by showing you to strategize in a brutal, confusing, frightening objective manner, then that was his best. He would, for example, as a prosperous insurance agent, daringly exchange wits with wealthy white businessmen and have them laugh loudly. Because he had fought fires for the California Department of Forestry camps based in rural Mendocino, Lassen, and Shasta, Jeff was not afraid to travel to American countryside towns that did not know brown people, yet he would smile at the folks, and they, most of the time, would smile back. Many street homeboys are afraid to be in an overwhelming white world, but Jeff didn’t accept the excuse that gente should be scared. People, he thought, should love bravely and unashamedly. Even with all my accomplishments, I did not have his magnetism. It was only after my brother’s death that I became a more open, loving man because I discovered that amor is the greatest subjective mystery, feeling, and knowledge. He, his death, was my greatest educator. I had tried to be like the old “Harvard on the Hill” guard, but I learned that students, and even professors, have souls.

(An excerpt from Renaissance Homeboy)

Jeff at Low Low Show

My brother Jeff at a Low Low Show, circa 2002

 

Posted by: benbacsierra | May 29, 2016

COMMUNITY POWER AND POETRY AT SAN FRAN CARNAVAL 2016

Imagine if we used social media to uplift each other and promise beauty for our community. We are doing it! At this year’s San Fran Carnaval, for every promise that a person wrote down to help their community, I happily gifted them a copy Barrio Bushido. Allow these community members’ words to inspire and guide you. They came from all walk of life, all age groups, all races, creeds, and colors. This is our CARNAVAL CONSTITUTION!

YOUR COMMUNITY POWER AND POETRY AT THE BARRIO BUSHIDO SFM AMOR FOR ALEX COMMUNITY CARNAVAL BOOTH, 2016:

 

  1. Help to inform other young mothers and invite them to young mothers’ parenting group.
  2. I’m a public school teacher in SFUSD, busting my butt every day to change kids’ lives.
  3. Stop the crime of S.F.
  4. Not accept the police abuse and continue supporting the fight and make others aware.
  5. Continue to empower the youth through sports, respect, and family.
  6. Stop gentrification.
  7. Build community.
  8. Play more music for everyone!
  9. To spread more love and positivity to people I meet.
  10. More parks for the kids.
  11. Get an education to inspire young Latinos as a role model.
  12. Always help my brothers in the hood. YSM 24 Xogic.
  13. Get more compassion and justice for our community. Calixto.
  14. Get out and get to know your community neighborhood and meet new friends.
  15. My sister and I work with the AIDS community in outreach.
  16. More belssings less building lower rents (though it won’t happen) old school to move back in (won’t happen) blessings to all who can still survive the cause, not for the people. Love to SF.
  17. Coach Jr. Giants, soccer, and basketball kids teams.
  18. Be part of the Frisco 500 movement to get Mayor Lee fired and make sure our communities get justice for all the SFPD murders.
  19. Introduce the automotive industry to the re-entry.
  20. Help out the homies in need.
  21. I help out the homeless.
  22. Participate in various actions and peacekeeping initiatives, regardless of differeing organizing ideologies.
  23. Volunteer with the Boys and Girls clubs. Will try to get youth into fitness and off of drugs.
  24. I’m going to take on the real estate corporate lobbyists that are controlling SF!
  25. I’m going to donate food to the homeless.
  26. I’m going to come volunteer with the youth in San Fran.
  27. We’re gonna stay fighting.
  28. Make peace between the people.
  29. Unite all minorities and we will succeed on deep changes in society.
  30. Work with the Mission Cultural Center to organize more events for the youth as well as Precita Eyes to get kids into art.
  31. I will continue to go on marches.
  32. I will volunteer at youth organizations.
  33. I will continue to campaign for justice.
  34. Keep teaching the little ones about the REAL!
  35. Help children develop their own voices. It’s our job to teach them our history, theirs to build our destiny.
  36. Continue helping being the voice for those who are underrepresented in our communities.
  37. I love where I live. I love my neighbors and family. I’m lucky to live close to them. I will continue to help provide health care to mi gente!
  38. Host event for racial justice.
  39. Fight for justice.
  40. Si se puede! Fight for justice!
  41. Don’t give up on your loved ones when they stray away. They can find their path back when there is hope and you don’t let go.
  42. La lucha para el salario digno.
  43. Making music with the fam to spread the word! The watershed!! Amor for Alex and all victims of police terror.
  44. Running for office in a few years to represent the community it has to be.
  45. Promote peace while DJing.
  46. I work with mental health, trauma children and families. Keep positive thinking and keep success coming to our younger generation.
  47. Starting up a boys and girls club in my community.
  48. I wish to spread my knowledge of art and healing to the next generation of kids in my community.
  49. Save lives through art.
  50. To continue to serve the children in the Mission community to go to college! Mission graduates!
  51. From local artist, arte 1810 always beautifying the Mission with our cultural representation in our murals.
  52. I’m going to look out for the lil homies. Help them get jobs, get off probation, graduate high school.
  53. I’m going to support our raza in the community by guiding my younger familia.
  54. I give body work to dancers who cannot afford it but need help.
  55. I will continue to spread the word about police impunity through hip-hop.
  56. Spirit love through art—always!
  57. I will continue as an African America woman prviding mental helath services to those who need it most, people of color.
  58. I will continue to educate our African American men about violence in the city of San Francisco.
  59. I’m involved with Native American and Latino communities restoring California Native American languages.
  60. As a Muslim woman living in the Mission, I feel that I am surrounded by many layers of culture, passion, and sense of “neighbor” from every single person I pass as I walk the sidewalks of this place. It makes me feel so whole🙂 like I have a place where I belong.
  61. I want to spread culture throughout my community and keep art alive. Show support and solidarity with the Alex Nieto Coaltion.
  62. As a former member of the Mission who was born and raised and evicted, I will do everything in my power to advocate for low income families affected by gentrification and join SFWAR and help women who are victims of school violence.
  63. As a SF native I’ve grown up in a beautiful diverse city that fostered so many great cultures throughout its existence. As a musician involved with Loco Bloco and as an inspiring rapper, I plan on gearing my music toward the resistance against the corporate presence kicking people out.
  64. To keep it real I’m just a follower of this movement cause I’m following stories of police murder, following stories of displacement and gentrification and most importantly following leaders like Equipto, Benjamin Bac Sierra, and Edwin Lindo, and the many inspirational people (many SF natives and people of color). I’ve been inspired by the strength of the movement and I want to make sure you know you all have an ally in me. Hasta la Victoria siempre! Si se puede!
  65. I will support through my cultural center in Berkeley by offering free community space for film, panel, or any other gathering to bring justice awareness to the case.
  66. I will continue to do translating when I can and go to marches too!
  67. Educate my children on a current issue and movement and how they can help the Latino community themselves.
  68. To live in the present and use my education as a rock for positive change.
  69. Garden guerilla. Milkweed seed bombs for monarch butterflies.
  70. More outreach for homeless elderly in our neighborhood.
  71. Educate the community on matters that affect the community through politics, history, and community involvement by any means necessary.
  72. I would donate food and clothes to homeless.
  73. Help your parents and recycle.
  74. Raise and support my kids to better help our community and world.
  75. Love my neighbors.
  76. Help the community. Keep police accountable.
  77. Treat people the way you want to be treated.
  78. Help homeless people with food.
  79. Support peace in the community.
  80. Mentor a child in my neighborhood—Polk.
  81. Continue to work with the youth in SF and help guide them through their lives.
  82. Give back to the youth and those who work with youth.
  83. Give back to the family in needs and help all the foster care youth.
  84. Stop the violence. It’s not worth it. Love each other.
  85. Introducing community folks to each other to strengthen and build bridges for stronger bridges. Greg.
  86. Using art to bring attention to social issues.
  87. Educated Latinos citizens VOTE!
  88. Uninimos mas todo los Latinos para formar un solo pueblo.
  89. I will support a family by advocating for them in school—specifically I will donate 50 % of my time to an immigrant child needing special education services.
  90. I will be teaching and supporting to all the children at Decolonize Academy and everyone else we can in las calles en los barrios and making sure no one forgets the memory of Alex, Mario, Luis, Jessica, Amilcar. Power to the people. Amor y liberacion.
  91. I will continue to support the unhoused witnesses of the Jose Luis Gongora Pat killing and help to support the Luis Gongora Pat Coalition. Additionally I continue to evolve my performance work “Amor y Justicia” based on my experience at the Alex Nieto Trial and my ongoing work to fight for the true city of San Francisco—as a fourth generation pinay—born and raised in the City!
  92. I am going to continue to support my Latina daughter to pursue her goal as a RN to build up the percentage of Hispanics to make a difference in the world.
  93. I will continue to promote the Raza in a positive light to empower our people and keep the Raza strong.
  94. I will continue to be politically active in local government by keeping up with current events and actively voting.
  95. I will help my mom.
  96. I will fight for the rights of working people and families of SF.
  97. I will empower more Chicanas to be Ph.D’s.
  98. Organizing our people!!
  99. Helping to continue to move energy forward. Sabes.
  100. I will continue to be a “voice” for the voiceless and fight the good fight most people are afraid to fight. Continue to be an avenue of justice, love and peace. #Frisco5
  101. Will find shelter and peace for my homeless bros and sis’s.
  102. I commit my love and my energy to the next generation of Frisco babies. Our love for our people will always overpower the hate that comes from our enemies. Together anything is possible. I fight for the opportunity to dream and envision liberation collectively. Juana.
  103. I commit to finding the best way I can be an effective agent in social justice in the Bay Area and Nor Cal (general).
  104. I will continue to use my education, language, and skills to empower the Latino community. Mely.
  105. I want to donate my work and time at the Free Kitchen on Mission.
  106. I commit to sharing my learnings with my students. I teach at MacArthur Park near downtown L.A. in one of the poorest communities in the country.
  107. Continue to talk to people about what happened to Alex and about all kinds of social justice issues. I’ll read the book and pass it around to other friends.
  108. I will continue to support and volunteer on housing justice, even though I am going back to direct services to survivors. Much love and thank you.
  109. Continue to be on school board to help our student achieve and succeed.
  110. Give clothing and food to the less fortunate. Never waste until something is used to full capacity. Spread love.
  111. Teach and show that there is more to this hood than what we have been taught.
  112. My knowledge and experience is rooted in Hip Hop culture. I would like to keep giving back to my community through this culture with a social justice perspective. One love.
  113. From hip hop dances and knowledge of social justice, I want to continue inspiring the youth through Hip Hope dances to empower them to be young leaders to make positive change.
  114. I think the people of the United States should take a better look and understand more of their community as well to be a better person.
  115. Our people of indigenous descent need to work together to build our communities. Currently I am living in Chicago and I am living on the South Side and working with like minded people and building community gardens to feed our people and remove food deserts.
  116. As a urban campesino, I am committed to teaching the next generation to connect back to their ancestral roots through gardening. We used to be people connected to the food we eat, but through colonization, we lost that connection. As Urban campesinos, we want to heal our communities through holistic medicine and I hope to help change my community so that we may continue to thrive.
  117. Teach dem kidz!
  118. To reach out to young folks and take them and show, through my actions, that I care.
  119. Benjamin…one of my most prolific colegas. He is the greatest inspiration to the young homeboys. Much love. Ana.
  120. Practice and pass on conflict resolution skills to stop acting through retribution. For abolition.
  121. Make art for love.
  122. Empower the youth with knowledge not found in public schools for free and create a school for learning music from traditional to contemporary.
  123. Help the youth come together.
  124. Monitoring police violence and organizing families for resistance.
  125. To get rid of hatred and become as one!!!
  126. Being a positive role model no color lines peace on Earth.
  127. Eyes and heart open and with that love and that pain grow together with a community to create and sustain a movement in my place. Plus loving of the children.
  128. I promise to Listen to peoples stories- to understand how individuals and communities experience history. I want to preserve these histories and experiences for future generations.
  129. I promise to spend money at the long time veteran neighborhood businesses in my community.
Posted by: benbacsierra | May 20, 2016

The People Fired SFPD Chief Suhr

Frisco Five Lowriders at Mission PoliceThe corrupt spirit of the San Francisco Police Department has been smashed.

It was not the politicians who fired the chief. It was not the billionaires that helped the poor. It was not the new techie hipsters that led us with their innovation.

The people, the locos y locas, the roots fired the chief of police of the richest city on planet earth.

It was not the policies that reformed the police department; it was the movement on the streets.

It was not the goodness of their hearts that made them change their minds; it was the blood on the concrete.

RIP Jessica Williams. RIP Alex Nieto. RIP Mario Woods. RIP Amilcar Perez Lopez. RIP Luis Gongora. RIP O’Shaine Evans.

There are more, too many more names to grieve. And mourn we must. And continue we must. There is only one way—not forward, but upward. For all of us.

Some may ask what does the firing mean, and I will respond, as always: Spirit Matters Most.

Now that the chief of police has been disgraced, all the police officers have been humiliated and humbled, which is good for them. Let them know how we constantly feel walking down the block, sitting in the classroom, and trying to just live our lives. Now they will know they are not the gods they pretend to be. Now they know the power of the people.

A Black man has replaced ex-chief Suhr. Allow the racist police to swallow that symbol. After having been so blatant with their bigotry, they must now accept orders from a person of color, from the type of person who they constantly kill. Or they must quit. Or stay and be confused and angry and frustrated and doubtful and stressed. Their world has turned upside down. The old guard has fallen.

For us, we can believe. It is a hard thing to hold faith, to believe in the invisible, the spirit of humans in their finest form. Believe we can. For with nothing except our amor and action, we won the battle. With nothing but shouts on the streets, we beat the batons and guns. With the faith of locura, total illogic, we proved our genius over their books and intellectual or economic equations.

A special grito to Amor for Alex Nieto, The Frisco Five, The Mario Woods Coalition, and all those grunts who created and held the frontline.

Con Safos.

Benjamin Bac Sierra

Posted by: benbacsierra | May 13, 2016

Reading is a Key to Consciousness

Uncle Boys and The Thinker 008 - Copy

We need writers. From one of my new book manuscripts tentatively titled either Bone Mountain or Renaissance Homeboy:

Nietzsche’s ideas of independence and will to power were also rewarding because they humbled me. He forced me to question my courage. Independence, he argued, was only for the few, and the way that you proved your independence is that you would stand alone—maligned, ridiculed, and confused—yet you, desiring individuality, continued with the struggle anyway. At the end, your reward for being so self-reliant is that you would have no one to understand you, no one to help you. Isolation would be your multi-colored medal of honor.

As for the will to power, you, living human being, desire more than safe survival. Anyone can endure this life, Nietzsche argues. You are supposed to explode your will to power, to prove to yourself that you live, even if the process of proving life is sheer stupidity, like fighting against two plus two, what you and the most flagrant idiot is supposed to testify is correct. The logic or folly of the will is beyond the logic of numbers: it is an innate, childish search for daring and very likely destruction!

These thoughts influenced my writing and life more than the MFA workshops. Reading was a meditation and measure of who I imagined myself to be. Electrified to share these ideas on the wild streets, I most of the time could only pitch the punch lines to homies.

“Nietzsche says it ain’t just about surviving, Bros,” I explained while chugging a beer.

“Yeah, but we got to survive,” Pedro responded.

“Surviving is something anyone can do and is expected to do. That ain’t nothing special. Nietzsche argues we’re supposed to overcome ourselves and even our own morality. Independence is harder and sicker than just surviving. We’re supposed to strive for more, even if it goes against survival—you know like how salmon swim upstream, mate, and then die.”

“That’s a fuckin trip, homes.” Pedro’s head flailed everywhere, as if he didn’t know whether he should nod or shake, agree or disagree.

Through my eager energy, I acted out Nietzsche and other authors’ philosophies, but I did not see others changing as I was changing because of text-based ideas. There simply is no substitute for the experience of reading a text. Therein lays the magic: the silent inner-communication of reading is the gift and price to pay.

Reading is a key to consciousness. When reading, you got to shut the fuck up and listen, and what do you listen to, who do you listen to? Not even you know. ‘Cause that voice that enters into your brain is not your voice. You make-believe a song of someone you have never met or probably ever even heard about, and you mimic an accent that slurs in your mind but that is silent in real life because in real life that author you are reading is dead or in Algeria or China, so you imagine something that cannot possibly be true inside of your mind, yet you listen, and to do that you must be disciplined, attentive, and creative. To practice the skill of reading you must be confident in your own nothingness. Ain’t no substitute for the action and inaction of reading text, and the denser the text, the more complicated and paradoxical the text, the more you must question yourself and your own consciousness and what you thought you knew and who you believe you are. It is a time of uncomfortable peace and safety that forces you to construct your reality based on someone else inside your mind. Will you be bullied? Will you submit? Will you find patience and humility to listen to someone else besides yourself? Are you exciting enough to entertain another brain inside of your brain? Reading is, perhaps, the most intimate communication you will ever share.

A demanding statement to proclaim: reading transforms a person’s life.

 

Posted by: benbacsierra | May 7, 2016

General Strike, San Francisco, Monday, May 9, 2016

Frisco Five Boycott Image

 

With all your love, share and share far and wide:

 

General Strike, San Francisco, Monday, May 9, 2016

 

We, the people, invite you to join us for an unprecedented historical moment: a general strike of San Francisco this Monday, May 9, 2016. In honor of the Frisco Five Hunger Strikers and against SFPD killings of our brothers, we urge you to strike from work and school and to boycott any corporate restaurant eating and purchasing.

 

The time is ripe, and your action is needed now. Because of the Mayor’s unwillingness to fire corrupt police chief Suhr, the Frisco Five have been forced to prolong their hunger strike and have now all been hospitalized. It is time for all of us to action with honor, courage, and sacrifice for those who no longer have a voice, like Alex Nieto, Amilcar Perez Lopez, Mario Woods, and Luis Gongora Pat, all unlawfully killed by SFPD.

 

Instead of going to work or school, join us to peacefully picket in front of San Francisco City Hall starting at 8:00 a.m. Striking for a righteous cause is nothing new. Gandhi led the Swadeshi movement for Indian self-sufficiency. Martin Luther King, Jr. and Rosa Parks helped lead the Montgomery Bus Boycott against segregation. For farmworkers’ rights, Cesar Chavez, Dolores Huerta, and the United Farm Workers held strikes against grapes and Safeway stores. Striking is a successful strategy that all of us can contribute to for the sake of justice.

 

Wear red and black in honor of our fallen brother Alex Nieto.

 

General Strike, San Francisco, Monday, May 9, 2016

 

With all your love, share and share far and wide.

 

https://www.facebook.com/events/829260813873845/

Posted by: benbacsierra | March 22, 2016

OUR VICTORY: AMOR FOR ALEX NIETO, OUR BROTHER, OUR ANCESTOR

On March 21, 2016, we celebrated the 2nd year community commemorative of our brother Alex Nieto blessing us with his ancestral spirit. At the Mission Cultural Center in San Francisco, a rainbow of his soul joined us outside in the sky. Supervisors, writers, poets, and community warriors spoke, singers sung, danzantes danced, and I made a few points:

20160321_191055

  • Without knowing it, our ancestor Alex blessed us. We are together and we have become stronger, smarter, and more loving through the tragedy of his death.
  • Alex and I used to check each other about the movement. When we greeted each other, we would smile and ask, “What’s up with the movement?” Alex Nieto himself became the movement.
  • In the coming weeks, I will be gathering together all the history of this beautiful international movement that we as a community have created together. Our people must learn about our creativity and sheer genius in the face of all this adversity. I plan to then hold circles of culture where we can learn about this history together and invent new ideas out of it.
  • The trial taught us a few key lessons: we must take ownership of our own education. On a daily basis, we must challenge each other to read and write. We now have a public written testament of the entire judicial proceedings, and we can never forget what happened. We must grow from it. We cannot accept the books or the fantasies about justice that they teach our children.
  • We must also be brave enough to stand on our own. That jury proved cowardice. There is no way they could have believed the SFPD story. But even though they felt all the contradictions and knew the physical evidence was against the police narrative, key jurors that could have stood for justice remained with the crowd, the majority; they got tired, and they wanted to leave and go on with their lives. We must train ourselves to constantly stand up for righteousness and to make compelling arguments. We must also hold endurance. This two year journey has been about endurance.
  • We must continue, not forward, but upward, we march, we fly.

 

Our international story: Please read renowned author Rebecca Solnit’s article in one of the most widely read news sources in the world, The Guardian. This news publication was founded in 1821 and is recognized like The Wall Street Journal or The New York Times.

“Death by Gentrification: the Killing that Shamed San Francisco” by Rebecca Solnit

http://www.theguardian.com/us-news/2016/mar/21/death-by-gentrification-the-killing-that-shamed-san-francisco

 

AMOR FOR ALEX NIETO!

On Friday, March 18, 2016 Black and Brown leaders joined in an unprecedented rally at San Francisco City Hall. To watch this video is to watch history. Do not watch the mainstream media for fake reality; do yourself a favor and blessing and watch this entire video for the pure truth: SF Supervisors, religious leaders, community advocates, singers. If you would like to see me speaking, begin watching at 26:00 minutes into the video, but I urge you to watch the entire action. Thank you Ray Balberan for creating this video.

 

Amongst other things, we exposed a bona fide threat from SFPD Officer Roger Morse, one of Alex Nieto’s killers. On Facebook, immediately following the verdict, SFPD Officer Roger Morse threatened the Nieto family and Alex Nieto’s friend, presumably me. The following is a copy of the actual text posting on social media’s Facebook by Officer Morse:

“Smiling (referring to Alex Nieto). Ugh how about burning down his house and tazing his friend who pressed charges.”

Morse FB

 

Officer Roger Morse’s post is a threat in the English language.

I, Benjamin Bac Sierra, hold a B.A. from U.C. Berkeley, a teaching credential certificate and Master’s from San Francisco State, and a Juris Doctor degree from U.C. Hastings College of the Law. I am a college English instructor and cannot read his statement in any other way except in the correct English manner described above. Any implications that others are attaching to his words are pure speculation. The words must stand on their own, and we must trust the police officer writer knows how to write in English. I have heard no other explanation from the source himself.

FIRE OFFICER MORSE! FIRE OFFICER MORSE! FIRE OFFICER MORSE!

The Pure Truth (La Pura Neta):

 

Posted by: benbacsierra | March 11, 2016

A Letter to Privileged People

My Dear Privileged People,

Know who you are.

Know who Alex Nieto was:

Alex Nieto was a beloved son, college student, community volunteer activist, and a full-time security guard. On March 21, 2014, at Bernal Heights Park in San Francisco, privileged people called the police on Alex Nieto even though he had done absolutely nothing illegal and he had never even looked at them. When San Francisco Police Officers arrived to the hill, they shot at Alex 59 times. He did not survive 14 or more fatal injuries, immediately mortal wounds to his temple, spine, lungs, and chest and other wounds to his leg, wrist, shoulders, forearm, and hand. The police claimed he pulled a taser out on them, even though Alex had never been arrested in his life, and he had less than two hours before his work-shift as a security guard. Rookie officer Schiff claims that when he saw Alex Nieto walk down the hill, he looked into Alex Nieto’s eyes and saw his anger. He saw Alex’s forehead scrunch up in hate. Police officers claim Alex then pulled out his taser and tracked them with the taser’s red laser beam. Police officers assert Alex Nieto never had his hands in his pockets and that he performed a quick-draw-McGraw move on them, and throughout the encounter, Alex Nieto, even though he is being shot at and being fatally struck, that he continues to hold the taser in his hands, jumps into a military tactical prone position, and maintains menacingly pointing his non-lethal taser at police officers, even though he is shot in his wrist, hand, and forearm.

The original pool of approximately 30 jurors was at least 90 percent white. 10 of them knew police officers or were relatives of police officers. One white female potential juror was the wife of a San Francisco Police officer and desperately wanted to be on the jury. She said she would be impartial in the case. One white man wore a “Border Patrol” baseball cap. At least five of the potential white male jurors declared in open court that they would favor the police. The potential jurors were asked if any of them had ever had any negative experiences with law enforcement. One white lady juror almost started crying as she relayed how once she had passed by an accident and began to honk at the driver in front of her. A police officer told her to stop, roll down her window, and began yelling at her. She remembers that she cried for days and felt humiliated. She was the only potential juror to have claimed any negative interaction with police.

The final chosen jury consisted of five white women, two Indian (?) jurors, and one white/Asian (?) male. One of these white women claimed she did not know why anyone would sue the police for monetary damages. There were no Latino or African Americans on the jury.

The evidence undeniably proved the following:

  • A witness who saw the police kill Alex claims that Alex was casually walking down the hill with his hands in his pockets when police officers yelled “Stop” at Alex and then immediately began firing two volleys of shots at him, killing him.
  • Four witnesses claim that they heard the police shots fired and clearly distinguished two volleys, one volley and then a ten second pause followed by one more longer and intense volley of bullets.
  • This pause would clearly indicate that the killing of Alex Nieto was a murder. The police officers could not have been under a constant threat as they claim if they waited ten seconds in between volleys and then continued firing again.
  • Alex Nieto was wearing a baseball hat and sunglasses when he was killed. This was confirmed by a large hole defect in the hat that aligned with the shot in Alex’s head. Alex’s brain matter was found in the hat. This proves that rookie Officer Schiff was lying when he stated that he looked into Alex Nieto’s angry eyes and saw his forehead scrunch up.
  • When the criminal investigators arrived after the killing and took pictures of the scene, the taser was turned off. There is absolutely no way that this taser could have emitted a red laser beam or ejected taser wires. The police officers are clearly lying about the red laser beam.
  • Alex Nieto sustains all the fatal wounds described above, including shots to his head, lungs, spine, wrist, and forearm. It could simply not be possible that Alex Nieto could have continued to hold a taser in this condition. There are no pictures of Alex holding any taser or of him with his hands and arms extended downhill.
  • Most importantly, most convincingly, ALEX NIETO’S WRIST BONE IS FOUND IN HIS LEFT JACKET POCKET. There is absolutely no explanation for how that bone could have been in his jacket except, as the first-hand witness claims, Alex Nieto’s hand was in his pocket, not pointing a taser, while Alex Nieto was being killed by the police. This, of course, totally refutes the police narrative.
  • And if you still have questions about the case, visit the following site for accurate information: https://todobododown.wordpress.com/2016/03/10/the-trial-alex-nieto-versus-the-sfpd-closing-arguments-community-creativity-victory/

 

The jury decided against Alex Nieto and for the San Francisco Police Officers.

We, the people, did not lose.

Education lost: your fairy tale books about the way intelligence works were proven to be a farce. We argued better than you, with stronger evidence and more compelling logic. Does the stupidity of the verdict answer to you why we refuse to value your schools and teachers and puppet administrators?

We, the people, did not lose.

Your justice system lost: your sham is simply a tool to make-believe everything is fair and just and that we should accept your verdict like good players in a fixed game, where the odds are totally stacked against us.

We, the people, did not lose.

Your morality lost: you, with your white smile and perfect teeth, you were proven to be cowards who could not stand up for the right principle, for a real human being who was unlawfully killed. You feared going back to your villas in Clayton and Danville and telling your friends and family that you voted for a brown person and not the white, clean-cut poster officers.

We, the people, did not lose.

Your United States of America Constitution lost. It lost. You lost. Your lie of equality and freedom lost.

And it is only your naked conscience now that remains, your own personal empty humanity, stripped of predilections, fantasies, and superior justifications. Now, standing there exposed in your own soul, how will you respond?

If you are offended, it is not my fault. You made up the rules.

If you are challenged, it is your chance to do right and spread the news. Fight your father, your uncle, your sister, your privileged community.

We, the people, did not lose, for we continue with the truth, la pura neta: not forward, but upward, we march, we fly.

ALWAYS AND FOREVER AMOR FOR ALEX NIETO!

Benjamin Bac Sierra, M.A., J.D., USMC, SFM

End of Trial Alex Nieto pic

THE TRIAL: ALEX NIETO VERSUS THE SFPD: CLOSING ARGUMENTS:

COMMUNITY + CREATIVITY = VICTORY

Closing Arguments Photo

Share this posting far and wide and be ready for the verdict celebration: it does not matter what their decision is because we have proved our case beyond a reasonable doubt!

 

JURY INSTRUCTIONS:

  • The jury must find unanimously by a preponderance of the evidence that Alex Nieto was unlawfully killed by the San Francisco Police Department, that they violated Alex Nieto and his parents’ 4th and 14th Amendment rights under the United States Constitution.

ADANTE POINTER’S CLOSING STATEMENT:

  • This case is about 59 shots unlawfully fired by the San Francisco Police Department that killed Alejandro “Alex” Nieto. (The City Attorney objected to 59 shots, but the judge overruled her [During testimony, Inspector Cagney, lead SFPD detective investigating this killing, admitted that he knew it was 59 shots. Only 48 cartridge casings were ever found but 59 bullets were fired by officers, yet 11 cartridge casings were never found.]).
  • Justin Fritz and Timothy Isgit, the people who called the police on Alex Nieto, never had contact with Alex Nieto. Justin Fritz thought that he was simply a normal person at the park.
  • At 7:12:02: Officers are listening to radio transmissions relaying what Fritz states about Alex at the park: he is watching the sunset, eating chips, and hanging out. People are allowed to hang out and pace at the park. Officers know this is not an emergency situation.
  • The rookie and veteran police officer did not respond with urgency. They did not race to the hill because it was no an urgent situation.
  • At 7:12:20: Fritz is not alarmed at anything Alex is doing, but he is confused because Isgit is telling him they should just leave and the dispatcher is telling Fritz to observe intently.
  • At 7:14:16: Isgit relates to Fritz that Alex is touching the taser. THIS IS EXTREMELY IMPORTANT BECAUSE THIS EXACT TIME POINT COINCIDES WITH THE ORIGINAL UNTAINTED TIME STAMPS THAT TASER INTERNATIONAL REPRESENTATIVE CHILES CLAIMS THERE IS A TRIGGER PULL ON THE TASER. THERE WAS NO EXTRA RECALCULATION NECESSARY! IT WAS AT THIS POINT, AFTER ALEX HAD BEEN ATTACKED BY A DOG, THAT HE WAS TOUCHING HIS TASER AND PERHAPS PULLING THE TRIGGER. THIS WOULD ACCOUNT FOR THE TASER TRIGGER BEING PULLED AND NO TIME DRIFT CONCOCTED STORY IS NECESSARY.
  • At 7:15: Bullard claims Alex is eating a burrito and wearing a hat and red jacket. “He’s just a guy.” Bullard was mindful of his own dog. Alex had just been attacked by a wolf-like dog barking and howling at him. At this point, Alex touches his taser again, perhaps even pulling the trigger. THIS WOULD BE CONSISTENT WITH THE ORIGINAL TIME STAMP TRIGGER PULLS OF THE TASER.
  • At 7:17:40: Both Fritz and Theodore agree that Alex was walking calmly walking down the hill. It is preposterous to claim that he goes from walking calmly to walking with angry purpose, as Officer Schiff claims.
  • At 7:18:05: Officer Schiff arrives at front gate and decides to go around it and into park, going headlong into confrontation. “If you fail to plan, you plan to fail.”
  • At 7:18:08: Officer states over the radio, “guy in red shirt heading towards you.” Why did they drive to confront him when they could have made a plan and guy is not a threat?
  • At 7:18:39: Code 33 (keep air clear), but no one hears “show me your hands.”
  • At 7:18:43: Rookie Schiff fires first. Sergeant Sawyer states “shots fired.” Rookie Schiff empties clip first (13 rounds). Sergeant Sawyer also empties clip of 13 rounds.
  • Alex Nieto’s body is riddled with bullets to his forehead, arms, wrist, hand, leg, spine, chest, lung, shoulders, yet officers claim that Alex continues to point his taser at them. Alex Nieto was not Superman. What police are claiming defies the laws of physics and logic.
  • Officers continue to shoot at Alex even though nothing is coming from Alex and he is on the ground dying.
  • At 7:19:20: Officers begin to make contact. First responder Officer Morse testifies when he approaches Alex, he does not see laser light, wires, or darts. He also claims that Alex Nieto has both hands on the taser.
  • The taser was never turned on, so it would be impossible for the red laser light to emit or for the taser to have shot out any wires or darts.
  • This was a one sided firefight.

PHYSICAL EVIDENCE:

  • The taser was never turned on. It was in safe mode locked in. No kick could have caused it to from a ready to safe position.
  • The Taser International Representative Bryan Chiles recalculation is based on pure speculation, admitted by himself.
  • Alex Nieto was wearing a hat, consistent with the hole in his hat and brain matter found in the hat. Alex Nieto was wearing tinted sunglasses, as proven by the broken sunglasses and bruises underneath Alex’s left eye. It would be impossible for Officer Schiff to have seen Alex’s scrunched up forehead or met Alex’s “angry” eyes.
  • How could one sustain the injuries that Alex Nieto had and still hold a taser? Impossible.
  • One bullet lodged in his spine and would have left him immediately paralyzed.
  • Where are the pictures of the jacket that supposedly has no defects? The city is in control of all evidence.
  • Fries, the reconstruction expert that was paid over $40,000, reconstructed only what he was told to reconstruct. Alex Nieto could have had his hands in many positions inside of pockets of his unzipped jacket. Yet the supposed expert could not even comment on the simplest of alternative explanations.
  • Even though he claimed it was impossible for Alex to have had his hands inside of his pockets, Fries had absolutely no explanation of how a bone consistent with his wrist wound could have been found in Alex Nieto’s left jacket pocket.
  • 59 shots were fired in a public park where many people could have been.
  • There were only 48 cartridge casings found. Fries data does not account for the possibility of those missing 11 bullets trajectory. Even with his “fancy shmancy” techniques, he could not figure out the simplest of alternative possibilities.

ADANTE CLOSING THE CLOSING:

  • The veteran and the rookie forced and created this tragic situation. The rookie literally took the veteran for a ride.
  • Mere possession of a firearm could have been totally legal. There was no emergency present in this situation.
  • Theodore confirmed things that it was impossible to know: there was a police officer with a rifle.
  • The officers could have developed a plan, but they chose not to.
  • There were two volleys of shots. This was unreasonable and inhumane.
  • The second volley of shots occurred when Alex Nieto was already dying on the ground. This volley was purposely meant to harm.
  • This killing was a reckless disregard for life.
  • Alex Nieto had a bright smile, but he will have no bright future.

THE CITY ATTORNEY’S CLOSING STATEMENT:

  • Officers used reasonable force.
  • The officers’ testimony is truthful and consistent. MY SUBJECTIVE RESPONSE: They have testified hundreds of times. In the academy they are trained on how to testify.
  • The City Attorney actually said the officers could have been concerned that the suspect was wearing red in “gang territory.” The audience gasped and laughed at her assertion that was clearly meant to racially profile Alex and trigger fear into the jury.
  • The City Attorney offers no valid reason why the taser is off. She claims Alex could have turned it off before he died. The audience gasped at the ridiculousness of her claim. She also proposes that Officer Morse could have turned it off when he kicked it. Once again, the safety has a bezel lock to it so that the only way it can be turned to ready is with a precise movement like a thumb or finger. A kick would not do this.
  • She emphasizes that we also don’t know how the bone got into Alex Nieto’s pocket.
  • She then states that we do not know why Alex would have pulled out a taser on Evan Snow’s wolf like Siberian Husky. MY SUBJECTIVE RESPONSE: Incredible! The Husky attacked Alex and he reasonably tried to get away twice, yet she is implying that Alex did not pull out his taser to defend himself but for some other illogical reason.
  • Twice the city attorney warns the jury not to think about police in a negative manner just because of other cases around the country or other cases in San Francisco.
  • The day they killed Alex Nieto, the police officers just wanted to go safely home.

REBUTTAL BY ADANTE POINTER:

  • Alex Nieto also wanted to go home to his family and he is the only one that night who will never go back home to his family.
  • On the radio, the officers were all questioning what they should have done. They had no plan. It was the responsibility of the Sergeant in charge to lead them.
  • Even their expert witness claims that SFPD policy is not the law. The officers were supposed to follow the law and they did not.
  • Taser International Bryan Chiles knew the exact date and time of the incident that he was supposed to recalculate the time to on the taser memory. The TSA form will be given to the jury. Chiles knew what he was looking for and fixed the time to match the police story.
  • Fritz, Isgit, Bullard, and Theodore (all disinterested witnesses) never heard the police yell any commands.
  • Evan Snow was proven to be an irresponsible dog owner and racist.
  • If the city really had wanted to clear the officers, they could have performed a DNA test on the taser, yet they did not. It is the city that controls all the evidence in this case, like the jacket and taser.
  • Questions the jury should ask when thinking about the case:
    • Why is there a bone in Alex Nieto’s pocket?
    • Why is the taser turned off?
    • Why didn’t Officer Morse, who approached Alex Nieto first, see a red laser light or taser wires?
    • How is brain matter in the hat if Officer Schiff saw Alex’s forehead scrunch up?
    • Before Taser International’s Chiles was told to recalculate the taser time stamps, why was he going to sign and submit the original time stamps as the actual time stamps?
    • What motive does Theodore have to lie? How could Theodore have known that Alex Nieto had his hands in his pockets and that a bone would be found in his pockets and confirm what he has repeatedly claimed for two years? Theodore could have claimed that Alex Nieto had his hands in the air or was waving them, etc. but he did not. No other source has claimed Alex Nieto had his hands in his pockets.
    • Even after Evan Snow’s aggressive barking and howling wolf-like Husky attacked Alex, Alex Nieto was reluctant to pull out his taser on it. In fact he only pulled it out after the second time he was attacked. How are we expected to believe that Alex Nieto, only fifteen minutes later, would have become extremely aggressive with police and pulled out his taser on them when he is “just a guy” on the hill?
    • How could Officer Schiff have seen Alex’s eyes when Alex was wearing sunglasses?
    • How could Alex Nieto have sustained the gunshot would that broke his leg if he were standing directly in front of officers the entire time?
    • How could Alex Nieto continue to point a taser and survive the shots that he withstood?
    • Were officers really sequestered after the shooting, when Officer Schiff’s San Francisco Police Officer father came to visit him before Officer Schiff provided a report to investigators?
    • The defendants have not provided any answers to these questions.

AND I SAY AGAIN AND FOREVER: AMOR FOR ALEX NIETO!

Be ready, gente, we are planning a grand pachanga party and victory celebration once the verdict is submitted. It does not matter what it is because we know we have proven beyond a reasonable doubt that Alex Nieto was unlawfully killed. The evening of the verdict we will share lots of community love. Join the Facebook event page for more details. Bandido, Equipto, Favi Estrella to perform!

https://www.facebook.com/events/1707882822823073/

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