The Vallejo Sun sues Vallejo over release of police shooting video

VALLEJO — The Vallejo Sun filed a lawsuit against the city of Vallejo on Wednesday over the city’s failure to comply with state transparency laws involving a recent police shooting.

The First Amendment Coalition, a non-profit organization committed to promoting free speech and free press, represents the Sun in the lawsuit, which seeks the full release of unedited video from the Aug. 29 incident, without obscuring the identity of police officers. During the shooting, the officers wounded 24-year-old Alexander Schumann, who allegedly pointed a pellet gun at the officers and is now facing criminal charges.

The city released some video of the incident during a Sept. 11 town hall meeting, but has said the remaining video is exempt from disclosure because of the criminal proceedings. The Vallejo Sun and the First Amendment Coalition argue that the city is violating AB 748, a transparency law passed in 2019 which requires the release of video of police shooting incidents. 

The lawsuit argues that AB 748 “does not permit a public agency to withhold critical incident recordings merely because a criminal case is pending” and requires the full disclosure of available recordings.

“Nothing is more important to open government than full and prompt disclosure of videos showing police shootings,” said David Loy, legal director of the First Amendment Coalition, who represents the Sun in the suit. 

“Regardless of the outcome of any investigation or prosecution, the people have a right to decide for themselves whether they believe the use of deadly force was appropriate,” said Loy.

On Aug. 29, officers Himanshu Saini and Daniel Saravia fired several rounds at Schumann – hitting him in the back, hip and foot – after he had pointed what turned out to be a BB gun at them. Before police arrived, Schumann said that he had “wanted the police to shoot him,” according to 911 calls.

Schumann survived the shooting and was later charged with various crimes including resisting arrest and vandalism.

Vallejo police held a town hall meeting two weeks after the shooting in which they played an edited video montage showing parts of the incident, using footage from the officers’ body and dash cams.  

Additionally, the edited recordings that Vallejo police released at the meeting “do not fully depict all relevant events, and the City improperly blurred the faces of police officers involved in the incident,” states the lawsuit. 

Police spokesperson Sgt. Rashad Hollis said at the meeting that “there were multiple attempts at de-escalation” and staged on-scene before approaching Schumann to strategize a best approach, yet none of the available footage shows that. 

The Vallejo Sun made a public records request for the unedited footage of the whole incident but Vallejo police refused, only offering what was shared at the meeting. 

The Vallejo Sun pushed back on the city’s refusal, citing the critical incident transparency laws. However, city officials said that “The remainder of the requested records remain exempt as the filing of criminal charges is yet to be resolved in this matter.” 

The public records request remains unfulfilled, stating that the “remainder of the requested records remain exempt.”

In the past, Vallejo police have used a public relations firm to create video montages of critical incidents. Transparency advocates have argued that AB 748 requires the full release of all unedited footage.