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“[L]et me start by saying that this incident is the subject of an internal investigation. As a result, I would not ordinarily make any comment on the case,” the chief wrote, in an email to CLIFFVIEW PILOT Publisher/Editor Jerry DeMarco.
“However at this juncture, I believe it may be prudent to make a limited statement. “I appreciate the apparent confidence expressed in my department by the Basualdo family when they came into our internal affairs unit to make the complaint concerning their son’s arrest,” the chief added.
“I continue to encourage members of the public to report any perceived police misconduct promptly so that the department can investigate and take any necessary corrective action,” Everett wrote to CLIFFVIEW PILOT in an email received Friday evening. “Maintaining a well disciplined police force is crucial to the delivery of effective police service.
“Both the department and the community have a vested interest and shared responsibility in achieving this important goal.”
The original story: ‘I thank God he didn’t kill him‘ provides the family’s version of what happened the night that a Union City police officer is accused of manhandling the teen — an act caught on videotape. FOX5NEWS obtained a copy:
Everett has a beef with the family, though.
“While I sympathize with the emotional response exhibited by Mr. Basualdo Sr. with respect to the arrest of his son and the images captured on the video,” he said, “I am somewhat disappointed in the family’s decision to contact so many media outlets to publicize their complaint and broadcast the video. This act has the potential of sensationalizing the incident and making our investigation more difficult.
“Nevertheless, I assure you, the public and the family that my department is committed to providing the most professional community oriented police service available and to thoroughly investigating all allegations of police misconduct.”
Everett, who technically is under no obligation to comment at all on what is an internal investigation, nonetheless stepped up:
“Presenting the basic facts as we have determined thus far, police received a 911 call of a burglary to auto in progress at the St. Anthony’s Parking lot located at 8th and West Streets. The caller described three males who had entered a commuter van parked in the lot.
“The caller was still on the line when police units began to arrive. The three males in the parking lot reportedly ran from the police when they were told to stop, and police gave chase.
“Marco Basualdo Jr. was apprehended on 8th Street in front of a local business. A video camera at the business captured images of what happened at that location. The police department obtained a copy of this video.
“The video has become a central focus of our internal investigation; however, there are other elements and leads which are being pursued to obtain a fuller understanding of the incident and to put everything into its original context.”
Also arrested at the scene was Matthew Luis Garcia, 19, of Kerrigan Avenue, who was with another young man who hopped an empty jitney bus while cutting through a park at Eighth Street and West Avenue, leaving Basualdo to jog to catch up to them. Garcia is charged with resisting arrest and obstruction, police records show.
“The investigation will proceed as expeditiously as possible without sacrificing thoroughness,” Everett vowed to CLIFFVIEW PILOT. “Once the investigation is completed, I will thoughtfully consider all of the evidence gathered during the course of the investigation and make an objective determination of what action is appropriate.
“As a side note, I am attempting to reach out directly to the Basualdo family to reassure them of the earnestness of our investigation and to provide them with a more firm basis for having confidence in the legitimacy of its outcome. I anticipate being able to reach them sometime in the near future.”
Marco Basualdo Sr. said he isn’t out for anything other than his son’s exoneration. Whatever disciplinary action that Everett might take is up to him, the father told CLIFFVIEW PILOT, which originally broke the story earlier this week.
EDITOR’S NOTE: As a journalist for nearly 30 years, nearly all of it involving law enforcement, I have rarely seen such a display of compassion, honesty and openness. I commend Chief Everett for his response — and Mayor Brian Stack for his support of the chief‘s comments.
However, both now have to follow through. If they determine that Marco Basualdo Jr. was unfairly arrested, the charges must be dropped immediately — and if they determine that the officer involved used excessive force, then he needs to be disciplined in some way. Already, the charges of resisting arrest and eluding against Basualdo Jr. have been downgraded to a disorderly summons — an important distinction for the young man, who is studying to become a police officer.
If, however, they discover conclusive proof that the younger Basualdo in any way broke the law, then he must suffer the consequences. Fairness for all. That’s how it works.
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