The events described here are allegations, which may or may not be factually accurate.
 

Misconduct Incident Report for Santa Clara Police Department

Complaint #68: Declined To Investigate (Closed)
Submitted to OpenPolice.org
August 2019
Submitted to Investigative Agency
October 2019
No Response from Investigative Agency
pending
Received by Investigative Agency
October 2019
Investigated by Investigative Agency
pending
Investigative Agency Report Uploaded
pending
Indicent Date December 2011
Indicent Location Santa Clara, CA
Publishing Settings Publish Complainant's Name, Publish Officer Names

Allegations

Including comments from the complainant
Unreasonable Force
I never moved, stepped towards an officer, all officers testified to their. Their expert witness, Robert Fonzi a retired sergeant from Riverside County, also testified that the force was unreasonable.
Wrongful Arrest
They originially claimed the call was for a domestic disturbance. Once at the private residence, all occupants told the officer no disturbance had occured. The officer could see all four people. He then stated he was arresting me for drunk in public, we all protested verbally that we weren't drunk and we were at a private residence. Text records confirmed that Deger and Larsen traded text messages while at the hospital, she then wrote me up fo under the influence of narcotics. There was no evidence, no drugs, they never even looked for drugs, the doctors, nurses, and EMT all stated that I was fine and not on drugs or drunk. Surrupticious recording proved the officers were talking to me about their weddings, military service, etc and at no time did I sound or appear under the influence. Retired senior supervisory detective, Timothy T. (TT) Williams, evaluated all police reports and evidence, determined that Deger texted Larsen when he was told the 647(f) wouldn't stick and they needed to find another charge. Larsen made the claim of under the influence of narcotics but then testified she didn't know what a DRE was - a Drug Recognition Expert.
Wrongful Property Seizure
I was seized improperly and under the false allegation of drunk in public.
Wrongful Property Damage
I had not moved towards any officer, Stewart testified to this. Deger started swinging his baton and then both he and Stewart used their fists, elbows, knees, and feet as weapons. All officers testified I never moved.
Intimidating Display of Weapon
There was no crime committed, Deger immediately drew his baton and started swinging while calling for "fills" to fabricate a crime.
Wrongful Search
He was responding to a domestic disturbance call from someone on another street, not my mother's residence or any of her neighbors. There was no description given to 9-1-1. Of the four people at my mother's home, all told Deger that there was no disturbance and no one needed assistance. He changed his story to being there to arrest for drunk in public. No one was drunk and if anyone had been, we were sitting peacefully within a private residence. Deger's story would change again in his police report that he needed to "sweep a woman aside and back into the home away from harm." All three women and another officer testified that there was no woman on the porch.
Wrongful Detention
Non-vehicle. I was on private property, a residence, and no crime had occurred or was alleged.
Bias-Based Policing
There was no crime that had been committed. Deger testified while walking from his vehicle to the residence there was no noise, nothing out of the ordinary. When a caucasian woman in her 60s answered the door there was no aggression, when a man of color came to the door a crime needed to be fabricated.
Excessive Arrest Charges
See note above.
Discourtesy
read above.
Neglect of Duty
Retired police sergeant and current attorney, Stephen Usoz, uncovered a number of police policy and proceedure violations.
Policy or Procedure Violation
Retired police sergeant and current attorney, Stephen Usoz, uncovered a number of police policy and proceedure violations.
Officer Refused To Provide ID
 

Story

Visiting my mother's private residence with two friends, watching TV. Knock on the door, my mother (61 y/o) answers to find an officer. Officer says someone from her residence called for assistance, she repeatedly told him no one called. She asks for my assistance, I was sitting in a chair and slowly walked to the door. Asked the officer what was going on, he repeated that someone from the residence called for service. At this time my mother joined by my two female friends at the screed door, they were all standing side by side. The four of us told the officer there was no problem and nobody had called for service, he then changed his story to a neighbor calling. I told him my mother and I knew all the neighbors I'd introduce him, he declined stating, "no, we won't be doing that." He rapidly whipped out his baton and started swinging it into me...another officer attacked from the side of the house, soon a third officer appeared, they were on top beating me and holding my neck. Later, the second and third officers would testify they never saw me move towards the first officer, I never swung, kicked, or attacked. The first officer fabricated a story that he swept one of the women out of the way from harm, all three women contested that claim and stated none of them were even on the porch, they were behind a screen door. The second officer also claimed he never saw anyone else on the porch beside myself and the first officer. The officers took pictures with writing on them alleging an arrest for drunk in public, that charge was never later sent to the DA. While in the

...

Visiting my mother's private residence with two friends, watching TV. Knock on the door, my mother (61 y/o) answers to find an officer. Officer says someone from her residence called for assistance, she repeatedly told him no one called. She asks for my assistance, I was sitting in a chair and slowly walked to the door. Asked the officer what was going on, he repeated that someone from the residence called for service. At this time my mother joined by my two female friends at the screed door, they were all standing side by side. The four of us told the officer there was no problem and nobody had called for service, he then changed his story to a neighbor calling. I told him my mother and I knew all the neighbors I'd introduce him, he declined stating, "no, we won't be doing that." He rapidly whipped out his baton and started swinging it into me...another officer attacked from the side of the house, soon a third officer appeared, they were on top beating me and holding my neck. Later, the second and third officers would testify they never saw me move towards the first officer, I never swung, kicked, or attacked. The first officer fabricated a story that he swept one of the women out of the way from harm, all three women contested that claim and stated none of them were even on the porch, they were behind a screen door. The second officer also claimed he never saw anyone else on the porch beside myself and the first officer. The officers took pictures with writing on them alleging an arrest for drunk in public, that charge was never later sent to the DA. While in the hospital, the first officer called another officer, somehow under the influence of narcotics was fabricated. I have never seen narcotics, no one ever searched for narcotics, no narcotics or paraphernalia were ever looked for or found. I hired retired senior supervisory police officers as my investigators. One, who is a current POST instructor, recreated and evaluated the scene determining that the second officer, Colin Stewart, couldn't have seen what he stated in his police report. Another investigator determined that the first officer on scene, Gregory Deger, conspired with fellow officer Lauren Eldridge/Larsen to fabricate narcotics charges after certified drug recognition experts has already determined that no drugs were used or at the scene. Another officer, David Schneider, testified that the words he used in his police reports were his own and not that of the reporting party.

Uploads

Garrett Bondaug (Victim #1)

Creator of this complaint? Yes
Race Pacific Islander
Gender Male
Recorded this Incident?
"Did this witness record the incident with audio or video?"
No

Witness #1

Race White/Caucasian
Age Range 65-74
Gender Female
Body Type Large/Fat
Recorded this Incident?
"Did this witness record the incident with audio or video?"
No

Witness #2

Race Hispanic/Latinx
Age Range 45-54
Gender Female
Body Type Medium/Average
Recorded this Incident?
"Did this witness record the incident with audio or video?"
No

Witness #3

Race Hispanic/Latinx
Age Range 45-54
Gender Female
Body Type Medium/Average
Recorded this Incident?
"Did this witness record the incident with audio or video?"
No

Gregory Deger (Officer #1)

Department Name Santa Clara Police Department
Officer's Role in this Incident
"What was this officer's role in the incident?"
Subject Officer
Duty Status During Incident
"At the time, this officer was ..."
On-Duty
Wearing uniform?
"Was this officer wearing a uniform?"
Yes
Age Range 25-34
Race White/Caucasian
Gender Male
Body Type Athletic/Muscular
Wearing body camera?
"Was this officer wearing a body camera?"
No

Colin Stewart (Officer #2)

Department Name Santa Clara Police Department
Officer's Role in this Incident
"What was this officer's role in the incident?"
Subject Officer
Duty Status During Incident
"At the time, this officer was ..."
On-Duty
Wearing uniform?
"Was this officer wearing a uniform?"
Yes
Age Range 35-44
Race Black/African/Caribbean
Gender Male
Body Type Athletic/Muscular
Wearing body camera?
"Was this officer wearing a body camera?"
No

David Schneider (Officer #3)

Department Name Santa Clara Police Department
Officer's Role in this Incident
"What was this officer's role in the incident?"
Witness Officer
Duty Status During Incident
"At the time, this officer was ..."
On-Duty
Wearing uniform?
"Was this officer wearing a uniform?"
Yes
Age Range 25-34
Race White/Caucasian
Gender Male
Body Type Medium/Average
Wearing body camera?
"Was this officer wearing a body camera?"
No

Larsen/Eldridge/Suyderhoud (Officer #4)

Department Name Santa Clara Police Department
Officer's Role in this Incident
"What was this officer's role in the incident?"
Subject Officer
Duty Status During Incident
"At the time, this officer was ..."
On-Duty
Wearing uniform?
"Was this officer wearing a uniform?"
Yes
Age Range 25-34
Race White/Caucasian
Gender Female
Body Type Slim/Slender
Wearing body camera?
"Was this officer wearing a body camera?"
No

Tom Nelson (Officer #5)

Department Name Santa Clara Police Department
Officer's Role in this Incident
"What was this officer's role in the incident?"
Witness Officer
Duty Status During Incident
"At the time, this officer was ..."
On-Duty
Wearing uniform?
"Was this officer wearing a uniform?"
Yes
Age Range 25-34
Race White/Caucasian
Gender Male
Body Type Athletic/Muscular
Wearing body camera?
"Was this officer wearing a body camera?"
No

What Happened

Scene Type
"Where did this incident begin?"
Home or private residence (includes just outside the residence)
Incident began with forcible entry?
"Did this incident begin with a forcible entry or SWAT raid?"
No
Incident began with vehicle stop?
"Did this incident begin with a vehicle stop? (This includes cars, trucks, motorcycles, bicycles, and boats.)"
No
Incident began with traffic accident?
"Did this incident begin with a traffic accident?"
No
Closed circuit cameras on scene?
"Were there any video surveillance cameras at the scene?"
No
Officer stop, detain, or questioned someone?
"Did an officer stop, question, or detain anybody during this incident? This is when officers pull over a vehicle, or keep anyone from leaving."
Yes
Think stop or detention wrongful?
"Do you think anybody was wrongfully stopped or detained?"
Yes
Anyone ask for officer's ID?
"Did anybody ask for an officer's ID?"
Yes
Officer refused to provide ID?
"Did an officer refuse to provide ID?"
Yes
Officer searched someone or something?
"Did an officer conduct any searches during this incident? (This includes all types of searches of people, vehicles, homes, or other property.)"
Yes
Think search was wrongful?
"Do you think anybody was wrongfully searched?"
Yes
Property seized or damaged?
"Was any property seized or damaged? (This does not include illegal items.)"
Yes
Think property wrongfully seized?
"Do you think this property was wrongfully seized?"
Yes
Think property damage wrongful?
"Do you think this property was wrongfully damaged?"
Yes
Think officer sexually harassed someone?
"Do you think an officer sexually harassed anybody? This includes the use of unwanted sexual advances or obscene remarks."
No
Think officer sexually assaulted someone?
"Do you think an officer sexually assaulted anybody? Sexual assault is any sexual act that a person is forced to engage in against their will. This includes any non-consensual sexual touching."
No
Officer used physical force?
"Did an officer use physical force on anybody during this incident? This includes any use of violent contact up to and including deadly force by an officer."
Yes
Think physical force unreasonable?
"Do you think the use of physical force was unreasonable?"
Yes
Officer arrested someone?
"Did an officer arrest anybody during this incident? That means the officers took somebody to the police station."
Yes
Think arrest was wrongful?
"Do you think anybody was wrongfully arrested?"
Yes
Officer give ticket or citation?
"Did anybody who was not arrested get a ticket or citation?"
No
Think officer neglected duty?
"Do you think an officer neglected their duty by failing to take appropriate action? These are things an officer should have done but didn't do."
Yes
Think officer violated policy or procedure?
"Do you think an officer took actions that violate a policy or procedure? Leave blank if you described this in an earlier allegation."
Yes
Think officer wrongfully intimidated w/ weapon display?
"Police are legally allowed to display a weapon if they feel threatened. But it's wrongful for police to use a weapon to intimidate people who aren't a threat.

Do you think an officer displayed a weapon — or a police dog — to wrongfully intimidate anybody? (This does not include any violent use of force. Answers in red are allegations.)"
Displayed Weapon
What weapon was wrongfully displayed?
"What type of weapon?"
Think officer actions were biased?
"Do you think an officer acted in a biased or discriminatory manner?

That means an officer's conduct was based on a person's race, gender, appearance, nationality, religion, age, class, sexual orientation, residence, disability, etc."
Yes
Incident part of repeated or continued contact with the same officer?
"We asked you to focus this complaint on a single, specific incident. But was this incident part of repeated or continued contact with the same officer?

These contacts could have happened over days, weeks, or months."
No
Think arrest charges were retaliation?
"Do you think the arrest charges filed against anybody were a form of retaliation?"
Yes
Think officer was discourteous?
"Was an officer discourteous in ways not included in other allegations?

This includes the use of profanity, offensive language, loss of temper, verbal threats, impatience, or any rude behavior."
Yes
Officer used profanity? Colin Stewart (Officer #2)
Civilian used profanity? Garrett Bondaug (Victim #1)

Glossary of Terms

Unreasonable Force
Allegation: "Reasonable force" is the amount of effort required by police to compel an unwilling person to comply. So "unreasonable force" is any unnecessary or excessive force beyond what's required to do that.
Wrongful Arrest
Allegation: Police took someone into custody without a warrant or probable cause.
Wrongful Property Seizure
Allegation: Property seizure which violated the protections provided by the 4th Amendment of the United States Constitution.
Wrongful Search
Allegation: Police conducted a search without a warrant, probable cause, or consent.
Wrongful Detention
Allegation: Police pulled over a vehicle or stopped someone without reasonable suspicion.
Bias-Based Policing
Allegation: An officer's conduct was based on a person's race, gender, appearance, nationality, religion, age, gender, sexual orientation, residence, disability, etc.
Excessive Arrest Charges
Allegation: Police filed arrest charges to punish someone beyond what's legal or appropriate.
Discourtesy
Allegation: This includes the use of profanity, offensive language, loss of temper, verbal threats, impatience, or any discourteous behavior.
Neglect of Duty
Allegation: The officer's inaction did not follow appropriate policy, procedure, or guidelines. These are things an officer should have done, but didn't do.
Policy or Procedure Violation
Allegation: An officer took actions which did not follow appropriate policy, procedure, or guidelines.
Officer Refused To Provide ID
Allegation: Example: An officer allegedly failed to provide the complainant with his name and badge number after the identification was requested.