When the Sheriff Arrested Bo... (Updated Aug 9)

Originally Posted Tuesday August 6, 2013

Remember that bike I delivered to Vineyard Christian Fellowship last Monday? I blogged about how I dun a bad thing, which included the bit about that... Well, it figured into this little saga Bo Busse told me this afternoon. It's an interesting tale, so I thought I'd share it with you.

The story goes that one week ago, last Tuesday, Bo got arrested. Nothing new. Bo is no saint. It's happened before. But this story, if he's telling it to me accurately, is a little disturbing. Keep in mind, I do not know the truth of it, but I'm recording it in case it is, in fact, true what Bo is telling me.

Apparently, Bo was in Safeway, and Safeway employees accused him of stealing a bottle of liquor. He submitted to a check of his bag and his pockets where they found nothing. So, Bo rode off.

Shortly, Bo was in the parking at Valley Care Medical Center riding his bike, and an unmarked police car pulled in front of him, a man popped out and told him to freeze.

Bo says he did not understand this man to be a lawman, so he kept riding.

Two Livermore PD Squad cars arrived, lit him up and, Bo stopped, at which point the plain clothed Sheriff's Deputy tackled him, split his chin open on the pavement and cuffed him, finally identifying himself as a Sheriff's Deputy. As Bo sat cuffed on the curb the three officers checked Bo for the bottle of Liquor Safeway reported missing and found nothing. They ran the numbers on the bicycle, attempting to determine it to be stolen. That happens to be the very same bicycle I delivered to Vineyard last Monday. It was given to Bo by Mickey. So, again, nothing.

The Sheriff wanted Bo to give him Mickey Kundert's phone number in order to confirm he'd received the bike from Vineyard, but Livermore PD nixed that notion. As far as LPD was concerned, the bike was NOT stolen and that was good enough for them.

But, Bo was arrested for resisting arrest. (Case number 143727, CEN 3331502)

Bo says the Livermore Police did not think they had any reason to arrest him, but the Sheriff's Deputy insisted on it. Bo also says the LPD kept Bo's Backpack and Bicycle and returned it to him this morning.

Bo called LPD this morning and spoke to the property room, and the lady there informed him that not only was his bike there, but so was his backpack and his napsack.

He was mightily impressed with that.

What it was he did to resist arrest... I can't figure out based on what he told me. I was interested in the case simply because it involved the bike I delivered. It happened the very next day. The story Bo told just... well, I found it a little disturbing.

Apparently Judge Hugh Walker was also little curious about what Bo's crime was.

Bo spent Tuesday though Monday in Santa Rita, and was released at shortly after 10pm Monday.

The larger question for me is this: what's the Sheriff's office doing in Livermore? I'm really curious. Is LPD that undermanned? I've heard a few stories about Sheriff Dept action in Livermore that have been bothering me.

Now, keep in mind, I have never, ever had any serious issues with LPD behaviour. I've described a couple of incidents, but they were so ridiculously minor they don't bother me. But this story Bo just told me is only the latest in a growing line of stories about Sheriff's deputies in Livermore that are just disturbing. Bo's story will have me paying much, much closer attention to it.

But, please remember that THIS story is from Bo Busse, and I make no claims as to its accuracy. I'm merely relaying what it is he told me. I'd love to speak to an LPD officer to confirm what Bo told me, but I doubt that'll happen even if I ask.

I will tell you, I do believe Bo. Am I gullible? Maybe. But I still believe him.

UPDATE: Wednesday, August 7, 2013

Ran into Bo Busse again about 12:30 and he relayed the following:

Bo was out and about this morning (August 7), and he was pulled over by an unmarked Dark Blue SUV. The Lawman who came out of the vehicle Bo tells me he immediately recognized from Santa Rita, and he proceeded to ask Bo about the incident from eight days ago.

According to the Sheriff's Deputy today, they had no other unmarked vehicles in Livermore other than his own. And Bo told the Deputy that he did not recognize the Deputy from eight days ago, that he was Hispanic, and had never seen him before that day.

The Deputy this morning told Bo that the Sheriff's Office is taking the incident very seriously and they are looking into it. Bo also tells me the Deputy gave him a personal apology for the incident.

Updates to follow as they come in.

UPDATE: Friday, August 9, 2013

What follows in this update is the Livermore Police report submitted by the arresting officer. I have edited out the identities of the officers as well as the name of the Safeway Employee and the details surrounding the arresting officer's vehicle and detail. It tells a very different version of the story Bo told me, including that there were no Sheriff's Dept. officers involved.

On 7/30/13, approximately 1315 hrs., I was working plain cloths (DETAILS OMITTED) detail looking for burglars in and around the (LOCATION OMITTED). While returning to LPD I heard a call of a theft of alcohol from Safeway (1554 First St.) being dispatched over the radio. I was in he area, so I began an area search for the suspect. LPD Dispatch advised the suspect fled the store on a bicycle and was last seen wearing blue jean shots and a black shirt.

While traveling eastbound on First St. at Second St. I observed the subject matching the description provided by dispatch as the suspect in the case. The subject was riding w/b through the park at First St. and Second St. going toward Valley Memorial (1111 E. Stanley Blvd.). As I got closer to the subject, I recognized him from previous contacts as Bradford Busse. I pulled my car next to Busse as he rode through the parking lot and made eye contact with him. I held my badge where he could see it and said, “Livermore Police, Officer (NAME OMITTED), stop your bike.” Busse looked at me and just continued pedaling.

Next I pulled my vehicle in front of Busse, exited my vehicle, stood directly in front of Busse and identified myself by stating, “Livermore Police, Officer (NAME OMITTED), Get off your bike.” Busse looked directly at me, said, “F*** you!” he was close enough tow here I could have physically grabbed him and pulled him off his bicycle. Based on the fact that we were on an asphalt parking lot, the original reported crime was a non-violent misdemeanor, and the likelihood of Busse being injured if I pulled him off the bicycle, I decided to just get back in my vehicle and continue following him. Sgt. (NAME OMITTED) was in the area.

I followed Busse as he tried to pedal away from me out of the parking lot and onto Murrieta Blvd. Once on Murrieta Blvd., Busse rode westbound. (OFFICER'S NAME OMITTED) unmarked Livermore Police vehicle next to Busse, Sgt. (NAME OMITTED) activated his overhead emergency lights and siren to initiate the stop. Busse finally stopped his bicycle and immediately went into the prone position on the sidewalk. At that point I placed Busse under arrest.

I conducted a search incident to arrest of Busse's person and backpack. No alcohol or other stolen items were located. I placed Busse in handcuffs and had him sit on the curb.

Officer (NAME OMITTED) responded to Safeway and contacted the reporting party, Assistant Store Manager (NAME OMITTED). (Safeway Assist Manager) said Busse placed an unknown bottle of ahcohol in his pants and left the store without making any attempt to pay for the item. Once outside the store, (Safway Assist Manager) confronted Busse and told him if he gave the alcohol back, they would not call the police. Busse told (Safeway Assist Manager), “F*** you!” so (Safeway Assist Manager) returned into the store and called LPD. Brown said he had the theft on video surveillance at a later time. Because Brown could not provide a copy of the video surveillance at that time, Officer (NAME OMITTED) watched the video. Officer (NAME OMITTED) confirmed Busse was seen concealing a bottle of alcohol in his pants and then seen leaving the store.

I asked Officer (NAME OMITTED) to bring (Safeway Assist Manager) to our location for an infield show-up. Officer (NAME OMITTED) provided (Safeway Assist Manager) with the infield show-up admonition and transported him to our location. (Safeway Assist Manager) was positive that Busse was the suspect in the theft.

A records check of Busse revealed a prior conviction for theft with time served in Santa Rita Jail. Busse was also on probation in Alameda County for 148(a)(1)PC. A condition of Busse's probation was to obey all laws. Busse failed to satisfactorily do that when he stole the alcoholic beverage or when he failed to follow a direct order given to him by a police officer.

Based on all that information, I placed Busse under arrest for 666 PC- petty theft with prior time served, 148(a)(1PC- Resisting, obstructing, delaying a peace officer, and 1203.2 PC for the probation violation.

I placed Busse's bicycle and other belongings into safekeeping at LPD, to be returned to him on his release from custody. I also had Officer (NAME OMITTED), my partner in plain clothes operation, take two photographs of me to show what I was wearing and how Iw as identifiable as a police officer at the time of the incident. I booked those images into DIMS at LPD.

Officer (NAME OMITTED) transported Busse to Santa Rita Jail where he was booked into custody without incident.

Recommendation: Forward to D.A. For review.

ADDENDUM: August 9

It is interesting that the Arresting Officer did not observe Bo ditching a bottle (at least there is no mention of it in the report), nor was it found non on Bo's person.

The Arresting Officer did not report Bo to be smelling of alcohol or a sobriety test of any kind. What is on the video? And did, as Bo contends, the Safeway employees search Bo as he asserts or did Bo simply issue an expletive and flee the scene as the Police Report asserts? What I know of Bo tells me he is not the type to run. If he were severely intoxicated, however, the case might be different, but the Police report gives no indication of this.

The conflicting story of his having identified himself and Bo's assertion that he did not is problematic. Bo's belief (when he spoke to me) that he it was a Sheriff's Deputy that was on scene is, of course, an issue. If the Arresting Officer identified himself twice as Livermore Police, why was that a question in Bo's mind?

It is unlikely there will be any further details in the case. IF there are, it will be updated. I hope I have managed to protect LPD's officer's an operations sufficiently with the edits I made to the report.