Call Flood for Brian Sumner: Charged with Vandalism for Chalking Fresno Police Memorial

Brian SumnerBrian Sumner of Fresno People’s Media, who is also one of the people involved with Cop Block Fresno, has requested a call flood to show support for him during a court appearance scheduled for February 10, 2015 (at 9am PST) and to urge that the unfounded charges of vandalism (for writing with washable sidewalk chalk) be dropped and an end to repeated harassment he has faced from employees of the Fresno Police Department, since the protest where that chalking action took place.

In the past, call floods have proven numerous times, including a previous case where Brian Sumner himself was charged with obstruction for filming cops, to be an effective way to deter the police and court official from pursuing frivolous and/or harassment based charges. We strongly encourage you to call and show that people are watching and will not tolerate these sort of retaliatory actions against peaceful protestors, such as Brian Sumner.

Chalk washes off with water and it comes off much easier than the blood on the hands of the Fresno Police Department, who prompted the original protest by unnecessarily shooting someone 17 times, ever will.

Date Requested for Call Flood: February 10, 2015 (Court is scheduled for 9am PST/12pm EST)
Outfit/Individual to Call: Fresno (CA.) District Attorney’s Office – Vanessa Wong
Phone Number(s) to Call: (559) 600-3141
Fax Number: (559) 600-4400
Email Address: damail@co.fresno.ca.us
Preferred Request/Statement: Tell Vanessa Wong (or whomever answers) that chalk is not a crime, and flipping off a cop is a Constitutionally protected gesture under the First Amendment. Also, ask that a video camera, which was stolen by police in a subsequent incident (using the excuse that it was evidence) be returned to Brian.
Further Information: See the Facebook Event Page or Cop Block Fresno website post

Fresno Police Dept Memorial ChalkingDuring a protest against police brutality, and recent police shootings in Fresno, Ca. Brian Sumner used chalk on the Fresno Police Department Memorial. Phrases such as “FPD = Guilty”, “Badges Don’t Grant Extra Rights”, and “Who do you call when the police murder?” were written in an attempt to call attention to the issue.

Brian was arrested (see video below) with one other individual, and charged with vandalism of less than $400. Brian has already appeared in court twice for this matter, and on February 10th will be appearing for Pre-Trial. In addition, Brian is also facing charges the same day stemming from a separate incident of resisting arrest, and making a threatening gesture. This particular case was clearly a situation of harassment (one of several since the original protest) by Fresno police in retaliation for the previous chalking action.

Near the end of last year, Brian was sitting in a park waiting for a friend when Sgt. Andy Murcado of the Fresno police arrived, and pulled a taser out on Brian. He claimed that Brian was standing on the corner flipping off passers by, and yelling “Fuck You”. This claim is completely false, and even if it was true saying “Fuck you”, and using your middle finger are both actions constitutionally protected under the First Amendment.

Brian Sumner MugshotSgt. Murcado, and multiple other officers grabbed Brian, took him downtown to be processed, and refused to return his video camera to him claiming that the video of the interaction between Brian, and the officers was evidence of a crime being committed. That video is unavailable at this moment, but Brian is working on having it returned him.

Brian is asking that everyone who is available to, please call the Fresno DA’s office, and remind them that chalk is not vandalism, as there is no permanent defacement, and police kidnapping activists out of parks on bullshit reasons, then stealing their property, are symbols of a society in decline. Demand that they drop the charges against him, and end the harassment.

Area Cop Block Affiliate: If you live in the Fresno (CA) area, you can help Brian Sumner and others advocate for police accountability and your neighbors’ rights by connecting with Cop Block Fresno, via CopBlockFresno.org their Facebook page and/or their Ustream channel. In addition, if you live outside Fresno, you can find the appropriate affiliate in your area by consulting the Cop Block Groups page or by Starting a Local Group.

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Kelly W. Patterson

a lifelong resident of Las Vegas, who’s been very active in local grassroots activism, as well as on a national level during his extensive travels. He’s also the founder/main contributor of Nevada CopBlock, Editor/contributor at CopBlock.org and designed the Official CopBlock Press Passes.
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  • tz1

    Have to disagree here. He didn’t chalk the sidewalk or some other public commons, he chalked the memorial rock itself.
    Vandalism need not require the damage be permanent. If I throw raw eggs at your car, they might come off after a few rains, but you will probably have t go through the inconvenience of washing it. Or if I spray you with water soluble ink, you will have to wash your clothes. Or if I chalk the side of your house.
    Drawing hopscotch or tic-tac-toe on a public sidewalk isn’t criminal, nor would writing political text, but doing so to other things is.

  • Common Sense
  • JC

    He chalked the memorial. That is vandalism. I’m sure he will lose in court and that is fine with me. What he did is no different than chalking up cemeteries. It’s a crime and he was nailed for it.

  • keepitreal

    Wow, slaps, everybody is really concerned with what you think about it. LOL. Douchebag.

  • ThirtyOneBravo

    Sorry kiddo. Enjoy the misdemeanor on your record and start a gofundme campaign and reap your 10 bucks for cigarette money. How would you like if I or someone else go chalk up the headstones of your deceased family?

  • ThirtyOneBravo

    See? Who said we would never agree. :)

  • JC

    You obviously care or you wouldn’t have commented douchebag.

  • Common Sense

    Maybe he can buy a new skateboard.

  • Shawn

    Sorry, but in this he is correct. He’s still an ass, but one who does understand this much.

  • Shawn

    Given what how many good people cops have harmed to avoid risks themselves, there are a lot of things far worse I’d like to do to a memorial for them. That doesn’t make it right, which is why I don’t do it. It is a memorial, and common decency makes that off limits to such tagging.

    Then there is the issue of “It is only chalk.” No, it is still graffiti and vandalism. That it is easier to clean up than flat out spray paint does not change that. It isn’t yours to mark up. Would you be so casual if cops came by off duty to your house and tagged it up with ‘only’ chalk? I doubt it.

  • t

    My issue with this is more basic. He want attention….and his route to,get that attention is “civil disobedience”. With that disobedience….comes the consquences. I seem to remeber those civil rights activists “back in the day” DIDNT bitch about being arrested. All these guys cry like bitches.

    As for the seizure of the camera…..I’ve been telling them for a couple of years….if you film your crime, or the crime of another, the camera is subject to seizure. A search warrant would be necessary to recover the video/audio…..but the way the police insure that the video evidence of the crime ISNT destroyed or altered is to seize it.
    Sorry….it was his own stupidity.

    Hopefully the police/city recorded how much the cost was to clean it up and then they get it from him as restitution.

  • Shawn

    “As for the seizure of the camera…..I’ve been telling them for a couple
    of years….if you film your crime, or the crime of another, the camera
    is subject to seizure. A search warrant would be necessary to recover
    the video/audio…..but the way the police insure that the video
    evidence of the crime ISNT destroyed or altered is to seize it.”

    Ya. Destroying evidence is exactly why cops want to take cameras. Cops are known for ‘magical’ failures and ‘accidents’ of any video that might contain evidence of their own wrong doing. And you know it.

  • t

    Yeah. Sure. In your vast experience.

  • keepitreal

    I just care about telling you what a fucknut fake ass bitch you are. Because you’re very offensive. And a lying punk ass bitch. But come on, slaps. Share with us how you are finding all these criminal records you keep mentioning seeing. LOLOLOL. Stupid fucking reject.

  • keepitreal

    More lies from the fake ass. Yep. Nobody gets framed and no evidence is ever “lost”. LOLOLOL.

  • keepitreal

    I wasn’t commenting on the post. Vandalism is vandalism. They probably could have gotten away with the sidewalk around the memorial, but like most of the video posters here, they just had to carry things that extra step.

    But slaps is a lying pile of shit, so I never miss a chance to remind him of that.

  • keepitreal

    I think most everybody here agrees on this one. Except the hardcore guys who just can’t see past the end of their noses.

  • corkie

    “”the way the police insure that the video evidence of the crime ISNT destroyed or altered is to seize it. “” t, you’re another stupid cop that doesn’t understand exigent circumstances, and it’s funny for you to ignore all the cases in which cops are guilty of destroying video evidence.

  • corkie

    How do you know that HE was the one that chalked the memorial? Did the jury tell you that after the trial?

  • JC

    I believe you believe that. You say I’m “offensive” That is hilarious!!! You are so fucking stupid you don’t even realize what a hypocrite you are. LOLOLOL You are the only punk ass bitch. Eventually you will add to your criminal record. Knobs like you always do.

  • t

    cork:

    Geez
    Ok goof…..’splain “exigent circumstances” about a camera.

    This should be AWESOME.

  • t

    Ah. The liar guy enters.
    Now why….sir dumb ass…why would the police want to destroy evidence that proves you commited the crime?
    Geez guy….you getting dumber with every post. Maybe you need some fish oil pills or something.

  • t

    Looks like a Darrel Dawkins broken backboard on this slam dunk.

  • keepitreal

    There you go with that uncontrollable lying again. You should probably seek professional help. Where did I mention anything about cops destroying evidence proving anything? Short answer, moron, is I didn’t. I mentioned being framed and evidence being lost. Period. Like the guy that just got out of prison for over 20 years because the cops withheld evidence proving his innocence. Not the DA, not the judge, the cops. So to use your own stupid-ass question – Why would they frame him? Kind of like accusing people of supporting child molestation. Of course, the “why” of that is no mystery. You did it because you’re a punk ass little cunt.

  • keepitreal

    I don’t have a criminal record, shithead. That’s your OCD speaking again. And you are the fucking hypocrite, slaps. Along with being a liar, and the original, accept no substitutes, punk ass bitch.

  • keepitreal

    I meant offensive as in foul and repugnant. Of course, you’re a moron, so you couldn’t figure that out on your own. Mr Plaintive. LOLOLOL. You ignate, you. LOLOLOLOL Stupid motherfucker.

  • corkie

    You really are stupid, and it’s obvious that you need me to teach you even more about the law. You don’t even know how to ask the question properly. Why are you asking me to explain a type of circumstance ANOUT a camera? A certain type of circumstances describes a situation – NOT an object.

  • t

    cork:
    And…there’s the dodge.

  • t

    liar guy:
    Follow the thread little man….follow the thread.

  • corkie

    Except that you didn’t ask me to explain exigent circumstances. You merely asked what was exigent circumstanced ABOUT a camera. And just so I’m clear, do you really need me to explain the standard for exigent circumstances? Are you sure you want to get another beating like you did on the Supreme Court’s view of the use of the word militia in the 2nd amendment? I’m loving this!!!

  • t

    cork:
    Are you knto waterfowl? Seems like you are a member of “Ducks Unlimited”

    Of course….incorrectly predicted it

  • JC

    Oh yes you do. I’ve seen it.

  • keepitreal

    Fuck off, stupid little punk ass bitch.

  • keepitreal

    Fuck you, you lying pile of shit. Until you can post a single verifiable fact from my criminal record, you’re just making yourself out to be more of a lying punk ass little bitch. You think ANYBODY believes you? Nobody does, slaps. It’s well known that you’re a punk ass lying bitch.

  • Shawn

    Yeah, because cops are the only ones with any experience? Everyone else just sits at home watching cartoons?

    You once again prove you’re an arrogant ass. News flash, the real world does exist outside of your narrow view. Time again again cops make comments about other people’s experience, as though real life only happens for cops.

  • corkie

    Pea-t-Brain backs down from me yet again. That’s too bad. I was going to let you read DOJ’s 2012 guidance on the issue. But then again, we all know that cops don’t care about breaking the law with respect to seizing and destroying evidence so why should we ever think that they care about running counter to DOJ guidance.

  • corkie

    LOL! Pea-t-Brain is ignorant of all the cases in which cops seize cameras as evidence and then immediately delete the evidence. I LOVE the Houston cop that was caught on the recording saying that he was going to delete it. I also love the idiot cops that delete the file without over-writing it – allowing it to be recovered.

  • JC

    What ever helps you sleep at night.

  • JC

    What you meant isn’t what you said dumbass.

  • t

    Wow.
    You DO realize that local officers don’t work for the DOJ right.?
    I mean…that’s implrtant to know.

    So….
    After all your dodging and ducking…
    are you ready to explain how “exigency circumstances”
    comes into play in this incident? You appear to think it does….so explain how/why.

    Bet you duck it again
    Your about as bad as MIKEY.
    This is the method you used when you posted by your old monitor…and became known as te fraud.

    So….go:

  • corkie

    Pea-t-Brian, of course I know that local cops don’t work for DOJ. They don’t work for states’ attorneys general either, but states’ attorneys general are often putting out guidance to local law enforcement with the state with respect to state law interpretation. Likewise, DOJ puts out guidance on federal law (constitutional law) interpretation to law enforcement throughout the country. Surely, you know that local law enforcement is subjected to federal lawsuits and that DOJ can actually actively oppose a locality in federal court, right?

    Why do you need me to explain all this to you?

    Why are you writing “exigency circumstances” instead of exigent circumstances? You ducked out of the conditions I set prior to educating you about this. Your comments were isolated to his case. You made blanket statements about cops seizing recording devices as evidence. You comments were ignorant, and I’m happy to explain why if you confirm that your asking me to explain why exigent circumstances need to exist in order to seize recording devices as evidence.

  • keepitreal

    Really fuckhead? So what was it that I said? “Because you’re very offensive”. Are you saying that the direct quote above isn’t what I said? LOL. Better go see that shrink, slaps. You’re really losing touch with reality.

  • keepitreal

    LOL. You truly are a punk ass bitch, slaps. I bet little girls beat you up as a child.

  • JC

    I know they beat you up as a child.

  • JC

    What you meant isn’t what you said dumbass. Take some Midol, your PMS is affecting your cognitive thinking skills.

  • t
  • t

    cork/fraud:
    So…..still not able to explain it huh?

  • corkie

    You KNOW I’m able to explain it. In fact, you know that I can teach it to a class of law students. You should sit in on some of these classes. You’d learn something.

    What’s really funny is that you don’t even know how to frame the question properly.

  • d1scontent

    Why the heck would you chalk a memorial wall????
    That is just idiotic!