Famed civil rights attorney John Burris lays down strong words at Salinas City Hall in prelude to Velasco beating lawsuit

As a gaggle of local media flocked around Salinas City Hall earlier today, famed civil rights attorney John Burris—who once represented Rodney King and more recently, the family of BART police-slain Oscar Grant—strode up the city hall steps and straight toward the city clerk.

With cameras all around him, Burris filed a claim against the city on behalf of Jose Velasco, who was beaten with batons by four Salinas policemen June 5 after Velasco’s mother Rita Acosta called 911, she says, to report her son was in need of help from mental professionals and might be a danger to himself.

Returning outside from the clerk’s desk, Burris said the claim against the city—which is required before one can file a civil complaint in court—includes damages related to Velasco’s civil rights being violated, assault and battery by police officers, and emotional distress to family members.

Supporters of Velasco stood on the steps holding signs reading “Beating/Killing is out of context,” and chanted with blowhorns, “No justice, no respect! No justice, no peace! No justice, no peace! No racist police!”

As Burris prepared to speak, reporters gathered around and pointed cameras and microphones toward his face, and he unleashed a 15-minute plus soliloquy about police brutality and the injustice suffered by Velasco.

He started with recounting his understanding of how the June 5 incident unfolded:

“He had had some problems that day. His mom had articulated that he had an emotional problem, and when she saw him in the street she tried to help him,” Burris said. “He was calling out to her, she was calling out to him, he was trying to reach her, she was trying to reach him.

“Then police came up and began to arbitrarily assaulting him viciously, with at least 21 strikes that I counted, 21 different strikes by baton by four different officers,” he said.

“By any reasonable interpretation and imagination, it was woefully unnecessary and excessive, and in our own minds, criminal,” Burris said. “In addition to what I’ve filed here today, I have also prepared letters that I am sending out today to the U.S. Department of Justice, the Attorney General, also to the chief of the criminal division, as well as the U.S. Attorney here in northern California.”

Burris said the video reminded him of the Rodney King beating, and showed reckless disregard for Velasco’s civil rights.

“The matter to which these assaults continued while he was on the ground, officers ran up almost as if they were dogs getting into the frenzy,” he said.

“When I was in Africa I saw jaguars engaging in a feast, and when a jaguar was eating, another ran in—they were all trying to get a piece of the action. And so when I see the video, that’s what I see, I see a feast that’s taking place.

“No human being should be subjected to that type of beating, particularly when they were unarmed, and not physically threatening the police officers.

“From my point of view, this matter should be looked as a federal criminal rights prosecution. Clearly I’m looking at it from a civil rights point of view, but I think the community deserves to knew the federal government will not accept this type of behavior, this type of conduct.”

When asked how Velasco is holding up in the wake of the incident, Burris was optimistic.

“Because many of the type of blows that he received at the top of this head were life threatening blows, we are very fortunate that he is not dead frankly, or has not received any debilitating long term issues from a brain injury.”

(The Salinas PD report of the incident states Velasco only received one blow to the head, and that it was accidental.)

Burris also indicated he lacks faith of an investigation of the incident if handled locally, whether by the police or D.A.’s office.

“We think that criminal charges should be investigated by the federal government. We have made that request, and hopefully, they will respond.”

Burris also chastised the Salinas PD for refusing to make the names of the officers involved public, and bristled while he claimed that he and Salinas Councilman Jose Castaneda—who were in separate cars—were followed last week by police while Burris was on his way to visit Velasco in jail.  

“I am a lawyer, and do not believe in modern day America that civil rights lawyers ought to be followed on their way to see their client,” he said. “It’s a throwback to the days of Thurgood Marshall, who was a civil rights lawyer in the south, and when he went into those towns he was followed by the police, and it undermined the integrity of the Constitution.”

When asked if Velasco was under the influence of methamphetamines at the time of the confrontation, as police have reported, Burris was evasive.

“He hasn’t said that to me,” he said. “Police have made certain types of statements. One, I don’t believe it. Two, the fact remains that if a person is under the influence, that doesn’t mean you can beat him."

(Toxicology tests following the incident revealed there was methamphetamine in Velasco's system. He was also later diagnosed with "drug-induced psychotic disorder," which means that his psychotic episode was caused by recent drug use, and helps explain why the Tasers initially used to detain him were ineffective.)

“It’s not a death sentence you can give someone just because they’re under the influence,” he said, adding, “Whatever the police officers say, I do not accept, they always cover, they always lie.”

Time and again during his speech, Burris kept returning to the raw power of the story told by the video.

“There’s level of viciousness, that when you can take your baton and you can swing it time and time and time again at the person on the ground, and you inflicting substantial pain on that person,” he said. “That part is the most revealing to me, the intent to inflict substantial harm and substantial pain. And not because you have to, but because you wanted to.”

Asked if he’s talked to Salinas police chief Kelly McMillin about the incident, Burris brushed the question aside.

“I don’t talk to the police,” Burris said. “I’m a lawyer! I’m suing the police chief!”

After the crowd dispersed, Weekly photographer Nic Coury caught up with Burris to ask him what similarities he saw between Velasco’s case and Rodney King.

“It’s the beating, and it was captured on video,” Burris said. “It was a window into how police treat people, and it so happened to be captured. We don’t have a lot of events that are captured on video with that level of beating. I guess that means video cameras are important these days.

“You can use force if you your life is in danger, that’s the appropriate use. But I don’t think you can beat someone into submission when there was a cry for mental help, when you have a person that is mental,” he said. “You can expect that person to respond in a traditional way, because they’re mental!

“There should be some efforts to de-escalate. That doesn’t mean you beat him into submission.”

Nic Coury contributed to this report

(Note: This story has been updated slightly from its original form based on comments from Salinas PD spokesman Spencer Critchley.)