Lawyers, Guns and Money

transcript of Thursday night's Humboldt review
Kevin Hoover guest hosting for Hank Sims

KH - On Wednesday, the Eureka Reporter newspaper featured a front page banner headline that read "DA under fire over assault rifles." The story by Heather Muller detailed a budget request by Humboldt County District Attorney office for more than $30,000 for some fairly heavy duty weaponry and related equipment. Included in the arsenal that Paul Gallegos would like to acquire, according to the Eureka reporter, are eight AR-15 assault rifles costing $1,920 each, ten 500 round boxes of .223 caliber hollow point bullets $198.50 per box, eight sets of body armor at $550 each, plus vests, parkas, pants, polo shirts, DA investigator patches and tailoring costs all adding up to $33.060.37.

Well, on the line now we have Humboldt County District Attorney Paul Gallegos.

KH - Paul, welcome once again to Humboldt Review.
PG - Hey
KH - Hey Paul
PG - Hey
KH - First I'd like to ask you, was the Eureka Reporter story accurate with regards to the material you'd like to acquire?
PG - Ummm ___________yes?
KH - ok, and this was for, what's the proper term for it - is it the DA investigator unit? What's the term for it?
PG - uh - the, uhh ---unintelligible---
KH - I'm sorry Paul, could you repeat yourself, please?
PG - Yes that is our unit, the DA investigators unit.
KH - What do these folks normally do? I'm not so sure that people know you have in house miniature sort of police force and they are police, with full police powers. I only know this because I know of an Arcata officer who went on to join it and I know one of your folks was at the recent event at D St, Linear Park helping with the enforcement there...
PG - They weren't helping with the enforcement with the Arcata, they were actually independent observers with the Arcata.
KH - But they are police with full police powers? Am I correct, Paul?
PG - Uh, Absolutely - actually they, uh, well, they are law enforcement officers, they have the authority of law enforcement that emanates from MY office. I'm a constitutional officer, umm, so they have more jurisdiction than standard law enforcement officers.
KH - what do they normally do? What's their day to day activities?
PG - Oh - - wide range - - -- they investigate cases, they assist in preparation of cases for trial, uh, they uhhhh ____________ do sweeps, probation sweeps, gang task force sweeps, various meetings, - - broad spectrum.
KH - and then they assist the other local law enforcement agencies in various capacities, too?
PG - Uhh, absolutely.
KH - Ok, and how many folks are in the unit
PG - Uh, eight, right now...
KH - Eight people. Ok and
PG - ...that's what we asked for, eight guns.
KH - and where are they stationed at Paul?
PG - They're stationed at my office.
KH - now why do they need this heavy duty armament and protection?
PG - uh, because they're law enforcement officers and when they're out on the street, they have to be adequately provided for.
KH - well, they wouldn't be wearing this stuff in just everyday...their everyday duties. I mean you didn't go out in the world with assault rifles and dress in the full regalia...
PG - well they would wear it whenever
PG - hey guys -
PG...whenever they, ummm, are out doing things like gang force task sweeps
PG - hey, dude@ -
PG - hold on -
PG - ('m on the phone. I have ummmm - I
PG - ...all those sorts of things that they have to do so absolutely they would...
KH - OK and, are they wearing them on the street
PG - No
KH - Have they uh, had occasions, have there been occasions when this sort of material would have been useful for them to have?
PG - They're law enforcement officers - it's like any officer, it's like.... the answer is "yes." The hope is that it's never used, ummm, but they have to be supplied...
PG - You know what, Kevin? I'll tell you a couple of things that were interesting to me about that story. First of all - uh - the request for money, that came from money that WE received from forfeiture money - - - uh - - Then, the approval of the money was unanimous from the Board of Supervisors... so the Board of Supervisors approved the money - um - these were standard issue - we actually already have automatic rifles - all we're doing is getting new rifles because our existing rifles are old.
KH - What are the existing rifles? What types of rifles are those?
PG - We already have the armament.
KH - How many do you have?
PG - We currently have ONE...we have two semi-automatic rifles, they're semi-automatic rifles.
KH - OK, and you're
PG - That's why we need to have 'em for our people...
KH - Umm, Paul, you said we'd - - - unintelligible - Paul, you said there have been situations where these weapons would have come in handy?
PG - Ummm, I don't think I did say that. I said that our officers have to be adequately armed. The hope is that they would never have to use them but that doesn't mean that you don't - - (arm them) - -
KH - Sure. There's a suggestion in the story that this is a fairly extraordinary level of armament for a DA investigators unit, do you, how, do you have any comment on that?
PG - Umm, yeah, you can suggest anything in a story and it's just not accurate. Umm, many, many DA's offices their investigators units are similarly armed, and you know even San Francisco, those guys have AR-4s which are more modern... and they're fully in the - - unintelligible - -
KH - OK, and your guys, uh, are they all, uh, I'm calling them guys, are they all men?
PG - Right now, yes.
KH - Are they all trained up in use of this sort of weaponry?
PG - Absolutely!
KH - Ok. Now, would they coordinate, for example, with, um, other police units of similar stature that are mentioned in the story - the SWAT Team and Sheriff's Unit that are similarly armed?
PG - Uh, I'm not sure I understand your question.
KH - Would they work together with them? I know that the two existing units, the SWAT Team and Sheriff's Unit... they are aware of each other and have mutual aid and protocol agreements...
PG - Of course we have all of those, but we are an independent agency and we don't have to give notification. But - - interrupts - okey doke - anything you need to know? - unintelligible interruption - -
KH - Folks, you need to know that Paul is actually picking up his kids from school or something or some activity, that's why he seems a little distracted. OK, Paul are you back with us?
PG - Yes, yes.
KH - I'm sorry, but the story seems to indicate that those agreements aren't in force at this point. Would that be something that yo're working on? the uh, protocols for cooperation with the Sheriff's and Eureka Police?
PG - Ummm, would that be something that I'm working on? NO. Those are things that are already in existence and they have been in existence. This is not a - chuckles - new thing. We actually have MOUs with law enforcement already...and, ummm, we're always the understood fallback when we're out there, and in any capacity if there's a need for backup, and we're there, our people always have to provide that backup...
KH - OK. Well, that seems to contradict, maybe you can help me resolve this, something in the Eureka Reporter story - They quote EPD Chief Garr Nielsen as saying that, uh, none of these prorocols and agreements have been established or even discussed with the DAs Office. Is that inaccurate?
PG - Uhh, I think... OK. OK. You know, I don't know what the question was to the Chief. As I read that they seemed to be saying we're trying to do SWAT???!?...
KH - Right...
PG - ...with them?
KH - Right.
PG - Which we're not trying to do SWAT with EPD - that's, that's - perverse - ummm so if he was asked if we have this guidelines to do SWAT?? With them, that's absolutely accurate. We are not trying to team up to do SWAT sort of raids or activities with the Eureka Police department.
KH - OK. Would the uh, would your unit when they have this equipment, would they also be called on to do courthouse security? I vaguely remember there's a plan to step up the security around the courthouse...
PG - Ummm, that's the Sheriffs, I read that, too, and that's not our goal. Certainly, if there's a need for backup, um, our people would be there to help, uh, we're always there to help if necessary, but that's the Sheriff's jurisdiction and we're not really too interested in taking on the Sheriff's responsibilities because the Sheriff does a good job doing that himself.
KH - Alright. OK. The County Administrative Officer, Loretta Nickolaus, she, uh, forwarded some questions here in response to your request for funds, a couple of which were. Does the DA's Office have a Use Of Force Policy and or training programs... But do you have a Use Of Force Policy with regard to this level of weaponry?
PG - Yes, and we've had one in place way before I was there, too. All my guys carry weapons...
KH - Right. What are they normally armed with, just handguns I take it?
PG- Umm - ee - it depends on what they're doing, um, certainly standard when they're walking around the office, the courtrooms, they've got their handguns, um, or sidearms, if you want to refer to them that way, um, but they also have, umm, their, just like with these, their, they shoot long guns...
KH - Sure Paul, we need to wrap...
PG - either a shotgun...
KH - Paul, we need...
PG - or semi-automatic rifle...
KH - OK. We need to wrap it up, just wondering where this is at in the process with regards to your...
PG - It's already been authorized?
KH - It's been authorized, are you awaiting...
PG - It was authorized WAY before this happened.
KH - OK. You're awaiting delivery of the rifles at this point?
PG - Say what?
PG - What?
KH - My question is - what do you not have and when are you going to get it?
PG - Umm,. the Board authorized this way before the story came out...
KH - I know. But...
PG - they already authorized the purchase of the rifles...
KH - My question is, what do you actually have, what are you still waiting for an when are you going to get it?
PG - Uh, You know what? - - long pause - -
KH - What?
PG - Frankly, I haven't pulled the purchase orders to see what we've received or not. I might have to talk to my Chief Investigator...
KH - Ok, Paul...
PG - But we;ve received partial, the stuff, but you know it's always basically what happens with any government thing, it goes out to bid, then there's the purchasing process...
KH - Fair enough. DA Paul Gallegos, Thank You very much for making the time to appear on Humboldt Review.
--ok - - unintelligible - -