Six people accused of tearing down a statue outside a San Rafael church last week could face hate crime charges, police said.
The incident occurred Oct. 12 during an Indigenous Peoples Day demonstration outside of St. Raphael Catholic Church on Fifth Avenue. Police said a small group of protesters painted and destroyed the church’s statue of Junipero Serra, an 18th-century Catholic priest who founded nine of California’s missions.
San Rafael police officers arrested five people at the scene on allegations of felony vandalism. Police Chief Diana Bishop said her department has submitted the case to the Marin County District Attorney’s office for possible prosecution, and has also recommended charges for a sixth person who was later identified by police.
In addition to the felony vandalism allegations, police have recommended a separate charge of vandalism to a place of worship for each of the six suspects, Bishop said. She noted that such a charge is considered a hate crime. Under state law, vandalism is considered a felony if the damage exceeds $400.
Police said about 40 people attended the protest outside of St. Raphael, which began around 5 p.m. on the federal Columbus Day holiday. About a half hour after the demonstration kicked off, two people approached the Serra statue and threw red paint on it, said Sgt. Justin Graham.
Then “additional suspects became involved,” he said. Some spray painted the statue, writing the word “rape” on it. A group of people tied ropes around the sculpture and pulled it down, Graham said.
The organizers of the demonstration never intended to vandalize the statue, said Lucina Vidauri, who helped plan the event. She said the demonstration was a celebration of Indigenous Peoples Day and a protest of the way Native Americans were treated by European missionaries. The demonstrators were also calling for the church to remove the Serra statue, she said. Protest organizers said Serra contributed to the destruction of Native American cultures.
“It just got carried away,” Vidauri said.
Mike Brown, a spokesman for the Archdiocese of San Francisco, said church leaders had not been asked by the protesters to take down the statue prior to the demonstration.
Vidauri said she was not involved with the vandalism. Police cited Oakland residents Ines Shiam Gardilcic, 40, and Victoria Eva Montanopena, 29; Melissa Aguilar, 36, of Novato; Mayorgi Nadeska Delgadillo, 36, of San Rafael; and Moira Cribben Van de Walker, 25 of San Anselmo. Bishop declined to name the sixth suspect because the person was not arrested or cited.
The San Rafael Police Department has faced scrutiny for its handling of the incident. Mayor Gary Phillips said he was initially shocked to learn “there were officers standing nearby” while the demonstrators tore down the statue. But after a meeting with police, he said he felt “comfortable that what was done was appropriate.”
According to Graham, police knew the protest was planned about a week in advance, and knew it might include vandalism to the statue. He said before the event, police met with church leaders, who asked the officers to use de-escalation techniques and to minimize interactions that could lead to use of force during the protest.
“We decided not to get directly involved or interact with the demonstration because we did not want to inflame or escalate the situation,” Graham said. “If there was a violent altercation, a physical fight, we would have intervened, no question.”
Bishop told the City Council she understands why some people are upset about the way officers handled the situation, but she said she was “proud” of the way the department planned its reaction.
“It’s not last year,” she said. “It’s not the year before, how police officers see something and they just run into it and take care of it. That’s how we are programmed. That’s what we want to do. We have to be more thoughtful when a property crime is occurring and a person is not being injured, and that’s what the plan was.”
Bishop said the five suspects who were arrested at the scene of the incident were cited and released because of new coronavirus restrictions.
“If it wasn’t for COVID they would have been arrested and taken to Marin County Jail,” Bishop said. She said police officers captured footage of the incident using body-worn cameras “so we have great physical evidence for the district attorney’s office…”
The above comes from an Oct. 21 story in the Marin Independent Journal.
I’m not for “hate crimes” laws as such, but, since we have them, they should be applied equally and this surely seems to be a “hate crime.”
As a former investigator, I’m sceptical of the organizers’ claim that they never intended to vandalize the statue. Most of us don’t ordinarily carry a noose, straps and cans of spray paints. (If someone is in your backyard at night with burglary tools, what do you think he, or she!, is there for?)
I’ve been at protests and prayer events in front of abortion clinics and I’ve never seen anyone with such tools.
Yeah, police who watch crimes being committed instead of stopping them. Welcome to the Democrats’ world.
This is unlike the situation in Golden Gate Park where SFPD stood idly by. It appears, according to the story, “police met with church leaders, who asked the officers to use de-escalation techniques and to minimize interactions that could lead to use of force during the protest.” Arresting people sometimes involves the use of force. I’ll give the cops the benefit of the doubt; that they were trying to work with church leaders and respect the wishes of the property owners in this case. Let’s hope criminals are brought to justice.
So the “peaceful” protestors just happened to have rope and cables with them without intending to pull down the statue? Yeah, right. And that isn’t considered a violent act??? Defacing with paint and painted words is a peaceful protest? Obviously there is a very wide interpretation of peaceful protesting. I wonder if this interpretation would work had this been done to neighbors homes along Sir. Francis Drake Drive? I think NOT. Prosecute and JAIL them, thats the language they understand and sends the right message of “tolerance” for these acts.
Had the mostly peaceful rioters been attending mass, the cops would have moved on them.
Hymie, do you really think the anti-police rhetoric is helpful?
If anyone thinks the SRPD didn’t take this personally, they don’t know any cops. To stand by and watch a crime being committed to a cop is like a surgeon watching a person bleed to death. You can bet the strategy from the beginning was to let the assassins do their thing and then nail them with the cudgel they wield against those that disagree with them…now if only the DA will play along….
They were only exercizing their First Amendment right of free speech, as the Supreme Court ruled in Texas v. Johnson, 491 U.S. 397 (1989), dealing with First Amendment protection of flag burning and similar acts as “symbolic speech.”.
Sorry Warren- the first amendment does not include destroying private property for you own convictions or hate crimes against a particular group. It’s obvious someone didn’t go to Catholic school.
“We have to be more thoughtful when a property crime is occurring and a person is not being injured, and that’s what the plan was.” – Police Chief Diana Bishop
“We decided not to get directly involved or interact with the demonstration because we did not want to inflame or escalate the situation [☺]. If there was a violent altercation, a physical fight, we would have intervened, no question.” — Sgt Justin Ingraham
Should arrest token woke LGBT Police Chief Diana Bishop as an accessory – and an idiot. Sgt Justin Graham, her too.
Hymie, is Sgt. Graham lying?
See the previous California Catholic Daily story: “Sgt. Justin Graham said San Rafael police knew the protest was planned and talked with church leaders about how to handle it. He said the Archdiocese of San Francisco asked police to use de-escalation techniques and to minimize interactions that could lead to use of force.” As I noted above, “Arresting people sometimes involves the use of force. I’ll give the cops the benefit of the doubt; that they were trying to work with church leaders and respect the wishes of the property owners in this case.”
Of course, the criminals should be brought to justice.
And, there is no need to question Chief Bishop’s competence based upon her identity group. I worked very closely with the department she served for a number of years. Her competence as a police chief is a relevant issue, not her lifestyle.
And, why your comment about Sgt. Graham being a “her?”
We should be charitable, even with those with whom we disagree.
PS: Chief Bishop marched with BLM and swallowed the George Floyd hoax – hook, line, and sinker.
When you hire for reasons other than competence, more often than not, you get incompetence. Case in point: Diana Bishop.
“If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.” ― Thomas Sowell, Knowledge And Decisions
Since you say her competence is the issue, why do you call her names (“token woke LGBT idiot”)?
That’s inappropriate.
And, if we want to persuade others and hope they can hear the truth, name-calling is ineffective as well.
(And, you don’t have to take my word on that, ask your pastor, spiritual director or confessor.)