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Special Order 40, Illegal Aliens, and Gangmembers
Contributed by: HB Tedder on 5/7/2008

For those who don't know, Police Chief D. Gates' Special Order 40 was implemented by the LA City Council to prevent LAPD from obtaining immigration status from detained suspects in 1969.Special Order 40 has become a problem and politicall liability in LA. Daryl Gates gives his opinion on why SO-40 is not relevant to today's problems and should be discontinued.

Daryl F. Gates, LAPD chief, 1978-1992
"Special Order 40 has been following me all these years. It was written at a different time in history, when the state attorney general said illegal entry was not our business, no one was paying attention to the influx of illegals into Southern California, and the community did not seem to be concerned. We had a lot of illegals here who had been victims of crimes, and we wanted to help them. So for one thing, it would help cooperation, and two, I didn't want my guys asking every brown-faced person if they were citizens. That was the purpose of Special Order 40. It was never ever designed to protect criminals. But today the issue is no Special Order 40; it's gangs. The city not doing enough, and it should use every tool available to us to combat gangs. If that means asking them if they're illegal and deporting them, so be it. This is not about Special Order 40, it's about using every legal tool to combat gangs. I don't see any reason for an amendment to the order, but I'm all for Dennis Zine doing something about it."

In other news related to Gates, the former Chief received cheers at the funeral for slain SWAT Officer Randall Simmons (like murdered high school student Jamiel Shaw, he too murdered by illegal alien gang members) clearly "a slap" to current troubled Chief William Bratton.

LAPD Chief William J. Bratton said he would clarify the Special Order 40 policy for his officers. He also told the Times editorial board that he would make no changes to the order.
In commenting on Special Order 40 repeal matters new mayoral candidate Walter Moore repeated his assertion that the Times caters to Latino illegal immigrants because its parent company, Tribune, also owns the Spanish-language paper Hoy.
"The mayor, the City Council, and L.A. Times/Hoy won't take action," Moore said. "It's up to you." Also speaking at the event were KRLA radio personality Kevin James and the young victim's father, Jamiel Shaw Sr. James called for audience members to support Moore's campaign financially. "It's really expensive to run for mayor of Los Angeles against a former gang member who is the incumbent," James said. Villaraigosa was not a gang member, but the claim that he was has become popular among illegal immigration opponents. Mr. Shaw criticized the deputy district attorney prosecuting Espinoza, saying he worried she would try to portray his son as a gang member because he was carrying a red Spiderman backpack. "I want everybody to know," he said, "the fix is in."

Today there was a gang fight in LAUSD schools between the " hombre estupendo" and " hombre de la araña" gangs. These gangs can be identified by their distinct backpacks. Originally designed to carry heavy textbooks, each pack is capable of concealing multiple handguns and can carry over 500 rounds of handgun ammunition. The " hombre estupendo" gang, with their larger backpacks, was able to outlast the " hombre de la araña" gang in a roving gun battle that lasted for over three hours. When the battle was over, over 60 grade school age gang members were dead. This was the third gang battle this week, and could further escalate to involve the estimated 2.3 million gang members in the City of Los Angeles, including the notorious " hombre del palo" and " hulk increíble" gangs.

On another note, the last member of the gringo gang " Capitán América" died from injuries sustained in an ambush attack last week. Little Leroy Butts, age 7, was ambushed and gunned down by 32 members of the " hombre estúpido" gang (a breakaway faction of the " hombre estupendo" gang that had all graduated from a LAUSD high school). While police recovered over 400 shell casings, little Leroy was only hit twice, and had been expected to survive and lead his gang despite the loss of over half of his brain. Unfortunately, Little Leroy succumbed to a rare viral infection that is normally found only in the mountains of Southern Mexico.

The DA's office is engaging in a HUGE exercise of teaching the public a lesson. Do NOT attack special order 40 or the gangs. You understand what would happen in the courtroom. Not the district attorney's office but the defense will portray Jamile Shaw (deceased) as a high level gang member and the killing was somehow JUSTIFIED. The district attorney simply won't offer any evidence to refute that defense ploy. This is a step towards the de facto legalization of murder. No matter how outrageous the crime, the district attorney will offer no character defense to the attack IF the victim is perceived to be un-PC.

The shooting victim, Jamiel Shaw had a loving family, athletic talent, scholarship offers, and most of his life in front of him. And in the blink of an eye, it was all taken by an illegal alien who shot him in the head mere hours after said law violator had been released from prison. Jamiel starred on the gridiron at L.A. High on Friday nights. With interest in his football prowess being signaled from institutions as prestigious as Stanford University, he had hoped to soon be taking the field on Saturdays, instead. Clearly, that won't be happening. Well, on a Saturday in early May, multi-racial 'secure the US border' group's members will step up and stand in his place. His family's loss cannot be for nothing. Efforts to at least revise aspects of the LAPD's miserable Special Order 40 are underway and as Southern Californians, multi-racial 'secure the US border' group's members have a responsibility to support them.

Mayoral candidate Walter Moore said Thursday he has begun a initiaive drive to put "Jamiel's Law" on the March 2009 Los Angeles city ballot - the same one in which he is trying to unseat Mayor Antonio Villaraigosa. If adopted, the law would permit Los Angeles police officers to arrest gang members for breaking U.S. immigration law. It would supersede Special Order 40, a 29-year-old LAPD policy that bars officers from arresting or questioning people solely on suspicion of being in the country illegally. Moore told a multi-racial crowd of about 200 people - gathered at the Wilshire Ebell Theatre to hear about his proposal - that he decided on an initiative after hearing no response from City Council members to his request for an ordinance.
Jamiel's Law is named for Jamiel Shaw II, 17, who was shot to death by suspected gang members on March 2 close to his Arlington Heights home. Police arrested Pedro Espinoza, 19, who reportedly entered the U.S. illegally at age 4. Police say Espinoza is a member of the 18th Street Gang. He was released from jail, where he was being held on a weapons charge, a day before the killing. Espinoza had been arrested by Culver City police and jailed and released by the Sheriff's Department, so the LAPD and Special Order 40 did not come into play. But Moore has dismissed that point, saying, in effect, that if his law had been in place, LAPD officers at some point prior to his weapons arrest would have seen Espinoza, identified him as a gang member, and arrested him on immigration charges.
The killing of Jamiel Shaw II, and Moore's advocacy for the change in the law, has united some black and white illegal immigration opponents, and forced city officials to refocus on Special Order 40. At least some LAPD officers appear to believe, incorrectly, that the policy prevents them from cooperating or even communicating with immigration authorities. A senior lead officer who misquoted Special Order 40 in a March newsletter, adding in anti-cooperation language, acknowledged that he got the wording not from the LAPD manual but from the multi-racial American Patrol anti-illegal-immigration web site.

LAPD SWAT Officer James Veenstra, who was wounded in the 10-hour Winnetka standoff last month that left five dead including SWAT officer Randall Simmons, is expected to speak with reporters about that tragic day. Veenstra was shot just below his lower lip when he entered the home where Edwin Rivera, a 20-year-old (illegal alien gang member) who hours earlier called 911 to report he had killed his father and two older brothers. Rivera was shot and killed by SWAT officers as he ran from the house. Randall Simmons was the first LAPD SWAT officer killed in the line of duty and his death attracted international attention. Also a 20-year SWAT veteran, Simmons was a tireless community volunteer and minister devoted to children in South Los Angeles. LA police union is slow, but maybe they will be onboard with us now.

In the race to find a reason to oppose Jamiel's Law local politicians try to point to the validity of Special Order 40 by saying that the move was none other than the brainchild of controversial former LAPD Chief Daryl Gates. It appears Gates is no longer on the Special Order 40 train. Though he feels that fighting gangs requires a far more holistic approach than just Jamiel's Law (and I don't think Walter Moore or Jamiel Shaw, Sr. would disagree with that), Gates says Special Order 40 "has been following me all these years" and "was written at a different time in (the city's) history."Councilman Dennis Zine, a former LAPD officer and spokesperson for the LA police union, has proposed an amendment to the sanctuary policy requiring officers to report gang members found to be illegal immigrants to federal authorities: Zine wants to amend LAPD policy on immigrants , [By Richard Winton,, Andrew Blankstein and David Zahniser, LA Times, April 11, 2008].

A proposal to change the LAPD's controversial policy dealing with undocumented immigrants picked up a powerful ally today, the Los Angeles Police Protective League. The union, which represents more than 9,000 LAPD officers, said it is backing a motion introduced last week by Los Angeles Councilman Dennis Zine that would require officers to check on the immigration status of gang members suspected of being undocumented immigrants -- even if they are not under arrest.
That motion would change LAPD's Special Order 40 which restricts officers' ability to inquire about a person's immigration status. Zine introduced the motion after the parents of slain high school football star Jamiel Shaw Jr., who was allegedly killed by an undocumented immigrant, made an emotional plea before the council to amend Special Order 40. In a statement, league President Tim Sands said:

"Councilman Zine's motion offers a common-sense approach that will give our officers a needed tool to remove dangerous gang members from the communities they are threatening. This motion will improve and enhance our officers' ability to provide security in the neighborhoods where hard-working men and women, immigrants or native born, are trying to protect themselves and their families from gang violence."

This is probably the first time the police union has taken a position on Special Order 40, officials tell The Times' Richard Winton. Today's announcement pits the union against LAPD Chief William Bratton. The chief has come out strongly against the motion, saying it amounts to "racial profiling." Instead, he proposes providing officers with more info on Special Order 40, which he said is widely misunderstood. There are plenty of other opinions on this touchy issue.

No WONDER these protests and complaints aren't getting anywhere. No wonder Chief Bratton, right after Jamile's murder, that the gangs wouldn't be targeted. The City officials don't want Los Angeles to be another Tijuana. They don't want the mayor, city council and police to be the targets of assassination like they are in Mexico. They collect their outrageous salaries, and in exchange for being allowed to do that, have offered up the residents and citizens of Los Angeles for sacrifice, for basically slaughter at the discretion of the gang bangers who made this unholy alliance. LA citizens are afraid. Jamile Shaw Sr. has been making the radio shows openly saying he will shut down the 18th street gang, and the City wants him to shut up. He has said the feared but true words "ethnic cleansing". Many LA folks hope and pray that he is safe and that his remaining son is safe.
The accused illegal alien gangmeber murder Pedro Espinosa did not act alone. There was a wheelman, another gang member who is still on the loose. Many fear that Shaw has a big target on his chest and the City is so anxious to get rid of him, they'll sit back and allow it.

The alleged gang member accused of killing Los Angeles high school football star Jamiel Shaw is in the country illegally and had been released from jail without anyone questioning his citizenship the day before Shaw's shooting, according to a report by MyFOXLA.com.

Meanwhile, Mayor Antonio Villaraigosa on Saturday afternoon was scheduled to join with Shaw's family to dedicate a memorial honoring the 17-year-old at the spot where he was killed.
Police say Pedro Espinoza, the 19-year-old suspect arrested in Shaw's death, has been in a street gang since he was 12. Until this month, he had been in jail on charges of exhibiting a firearm and obstructing an officer, MyFOXLA.com reports.
Immigration officials told the TV station that Espinoza is an illegal immigrant, but no red flags were raised when he was released from jail March 1.
"The system is not 100 percent," Lori Haley, a spokeswoman for Immigration and Customs Enforcement, told the station. Police say Shaw was walking home from a mall on March 2 when Hispanic gang members pulled up in a car and asked him, "Where are you from?" - code for what gang did he belong to, police said. Espinoza then allegedly shot Shaw, who was not a gang member.
Espinoza was arrested March 7 and charged with murder. The charge has been labeled gang-related, which could make him eligible for the death penalty. He is scheduled to appear in court Tuesday. Police still are looking for a second man thought to be Espinoza's accomplice.
Police said Shaw was a standout running back and a good student at Los Angeles High School. He also was the Southern League's most valuable player last season and had been recruited by universities including Stanford. Shaw's mother, Army Sgt. Anita Shaw, had been serving in Iraq but returned home when her son was killed. She is slated to redeploy to Iraq to finish her second tour of duty despite dozens of letters sent to her Army supervisors asking for an exemption.

Concerned LA citizens are for rallying in support of the family of this young man, however based on the reception border security advocates recieved at Leimert Park last summer (This location is six blocks east of Crenshaw Blvd., in between Washington Blvd. and the 10 (Santa Monica) Freeway), and the current lack of response by the black politicians in this area, many people do not think that this community is ready to deal with this problem in a proactive manner.

During his cliché-laden State of the City speech on Monday, April 14, Mayor Villaraigosa [send him mail] ( mayor@lacity.org ) enthusiastically declared himself the "King of Potholes" (more than 800,000 filled!). And he did mention the plague of gang crime:
"In the last year, this Department and this Chief have shown what we can accomplish when we support the mission. By focusing intensively on the top eleven gangs, we helped to register a 26 percent reduction in gang murders citywide. But, you know, that is grim consolation to the families of the 216 human beings who last year lost their lives and the more than 1,300 Angelenos who were the victims of gang shootings. Angelenos, we are all equal in the eyes of God. Every time an Angeleno is the victim of violence, we are all injured. But I want to say something to the whole community tonight. Crimes motivated by hate, by the color of a victim's skin, by heritage or language, by religion or belief, by gender or sexual orientation, do a special kind of violence. They strike us at the heart. They seek to nullify who we are as Angelenos. They attack us at our point of greatest strength, which has always been found in our diversity and our difference. And they challenge the very idea that a city of four million, black and brown, Caucasian and Asian, Spanish and English, Muslim and Jewish, Sikh and Armenian Orthodox, can be one City."
The Mayor's answer to gang crime is to waste millions of taxpayer dollars on boon-doggling "intervention" programs. These have little effect on barrio kids more affected by examples of alpha-gangsters with big cars and impressive guns. Villaraigosa did not, of course, mention the crime-friendly sanctuary policy. He apparently believes his tiresome diversity drivel will make violent behavior disappear. Los Angeles today has become so corrupted by the influence of foreigners with their own agenda that it is simply ceasing to be an American city. Given the appalling Presidential election, Americans who care about saving the country will need to become even more active locally. We can all practice up on our haranguing, er, registering our concerns with the LA City Council.

Rep. Xavier Becerra (CA-31), Assistant to the Speaker of the House comments:
"Special Order 40 exists to catch criminals, not protect them. It exists to enhance cooperation with police by all residents of Los Angeles, regardless of status. It should not be the responsibility of Los Angeles' police officers - already stretched thin - to fill the gap left by the federal government's inadequate enforcement of its immigration laws."

Some thoughts on this matter:
"That sounds good, although the Public Safety Committee, which would do preliminary consideration of Zine's reform, is going on hiatus for a month, so there may be some political footdragging, waiting for the furor to die down."

"I believe the LAPD has every ability to go after gangs, and to use immigration to do that. Any gang member ought to be fair game. Anyone who lived in LA back in the late 70s knows that it was, literally, a different world. No one could have dreamed then that tens of millions of illegal aliens would flood in from Mexico. The facts show that 50%+ of gang members in Los Angeles are Illegal aliens and should be deported by ICE."

"Jamiel's death is an outrage. I think many people will look at this and say ehough! already.
Nevertheless, I think we need to focus on getting rid of the criminal gang members who are illegal immigrants. Criminal gang members who are citizens can get rehabilitation, rehab, the treatment they need to get off dope, methadone programs, basketball courts for their kids, good parks and recreational programs I am not against citizen kids who get in cliques and mixed up. We need to defuse that gang violence phenomenon. But illegal aliens who are also gang members and violent criminals: out, now."

"Perhaps simply protesting SO40 isn't enough. Suppose we should start demanding that the city tell us why they want the gangs here and why they want them so powerful. The evidence is absolutely clear, SO40 has enabled the gangs to grow and grow more dangerous. Had it not been for SO40, half the gang members would be either in their home countries, on their way back to their home countries, or planning to sneak back in the US. In some way, out of commission for awhile. Even if this was just an empty idea, wouldn't it give some ammunition to other cities to oppose those versions of SO40? Heat has to be applied to politicians, a protest to rescind SO40 just allows them to trot out all the failed reasons why they need it. Since all those "reasons" have simply allowed gangs in LA to get bigger than the police department WHY do they need it? It has been proven not to work. If they still need it, we should be asking why. Mayor, Police Chief, WHY do you want the gangs in Los Angeles so big and so powerful? Why do you still protect them to the exclusion of everyone else?"


"Ray Charles could see what the real illegal alien problem is in LA. It's a case of the 'emperor new clothes' syndrome with corrupt politicians, top police officials and local media. The voters and tax payers are damned. Get involved and get action on this!"

"Did you ever stop to think that Special Order 40 gives the police an excuse to pick and choose who they want to leave alone and who they don't. Think about it. It could easily work both ways. It lets the police pretend they can't do anything about someone who is here illegally and that could be someone who is lining their pockets. Just think about who is benefiting by hiding behind some things. This sham of a policy has to benefit more than the illegals."




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Showing 1 of 1 comments
Submitted By: HB Tedder
posted on 5/13/2008 @ 1:06:24 PM
(Not Rated)
Thanks for this article. I wish to express something. To the Person or Persons trying to smear my son: My son Jamiel A. Shaw, II, (Jas) was a SuperStar Destined for Greatness! The Mayor of Los Angeles spoke these exact words at his last State of the City speech. He was right! My Son was destined for greatness and he is, "A SuperStar"! It's a shame, that an American Citizen youth, can be gunned down by an illegal alien gang banger, while his mother is fighting a war to defend all of us, and some people have the nerve to try and destroy my son? This makes me angry. My son is the victim! Why would some people want to label my son as a gang banger? Some people are protecting illegal alien gang bangers and they need my son to be a gang member in order to help their case. But he wasn't! The person arrested for killing my son is an illegal alien gang banger. He is innocent! Shut the hell up!--Jamiel Sr.
Showing 1 of 1 comments
CONTRIBUTOR INFORMATION

HB Tedder

North Hollywood , CA

HB Tedder has posted 8 stories and 4 comments since joining on 8/29/2006. HB Tedder 's average story rating is 5.
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