San Jose police chief confirms officer off the force over “disgusting” racist text messages

By DAVE PEHLING

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    SAN JOSE, California (KPIX) — A message issued by San Jose Police Chief Anthony Mata early Friday evening confirmed a police officer involved in a shooting at a taqueria last year is no longer on the force after an internal affairs investigation revealed he sent “disgusting” racist text messages related to the shooting.

The statement regarding the officer misconduct investigation identified the former officer as Mark McNamara.

“Earlier this week, through an unrelated criminal investigation into one of our officers, Internal Affairs Investigators discovered that the officer had sent disgusting text messages that demonstrated racial bias,” the message from Mata read. “Immediately, Internal Affairs initiated a separate proactive administrative investigation. These messages came to light in the last few days and hours and that officer is no longer employed with the City.”

The letter noted that McNamara had been with the department for six years and had been involved in an officer-involved shooting during a large brawl at a La Victoria Taqueria in downtown San Jose on March 27, 2022. Police revealed two days after the incident that an officer had shot the man who had disarmed a gunman in the taqueria brawl.

An investigation into the shooting later determined that it was McNamara who had shot the man, by then identified as K’uan Green. A former Oakland McClymonds High School football player who at the time was playing for Contra Costa College, Green was shot four times and has filed a federal suit against San Jose.

The text messages revealed by the internal affairs investigation include exchanges between McNamara and a second unnamed San Jose police officer about the officer-involved shooting as well as the subsequent investigation and hearings held related to that shooting.

“N—a wanted to carry a gun in the Wild West,” McNamara said in one text sent the evening after the shooting “Not on my watch haha.”

The other messages uncovered were from June and July, apparently during hearings about the officer-involved shooting. Some of those texts included even more inflammatory language.

“I hate black people,” read one of the last text messages sent in July.

“These texts were uncovered because of systems I put into place over a year ago, including a personal commitment that only officers who live up to our standards and values wear a San Jose PD badge,” Mata said in the message regarding McNamara’s dismissal. “There is zero tolerance for even a single expression of racial bias at the San José Police Department. The messages were found due to the expansion of our Internal Affairs Unit’s efforts to thoroughly investigate all questionable conduct and is why we have made investments in a new early warning system.” 

The message also noted that the investigation had determined that a second “current employee” who was part of the exchange of messages with McNamara was “immediately placed on administrative leave pending an internal investigation.”

The chief’s message also noted that he is “prohibited by law from providing certain additional details,” but made the details of the investigation that he could public in the interest of transparency. He also noted that criminal charges “have not been filed nor are anticipated” for either McNamara or the other officer.

“If any employee’s racial bias rears its ugly head, rest assured that I will take immediate action to ensure they are not part of this organization,” Mata said.

Mata’s full message is available on the San Jose Police Department website. The message also included statements from City Manager Jennifer Maguire and San Jose Mayor Matt Mahan in support of Mata’s move.

“There is nothing more sickening than a person in power abusing their position,” Mahan said. “I will sleep better tonight knowing that this individual is no longer carrying a badge and gun. Assuming these allegations are upheld, he should face the full consequences of his actions. Despite this officer’s reprehensible conduct, we have the best police department in the nation and to keep it that way, we are going to fire any employee who does not show appropriate respect for every resident. This mutual respect is the foundation of a successful public safety effort — and we are going to work every day to keep building it.”

The San Jose Police Officers’ Association issued the below statement regarding the disclosure of actions taken by a former SJPD officer.

“Today’s announcement of racist text messages by a former police officer is a disconcerting reminder that not everyone has the moral compass necessary to be in the law enforcement profession. This behavior is beyond unacceptable, and we condemn it in the strongest possible terms. This incident represents the actions of an individual. It is not a reflection of those of us who serve with honor and who treat every member of our community with the respect and dignity they deserve. If these allegations are true, then this individual must face the sternest consequences possible. Our union believes that racism, and those who perpetrate it, have no place in our city and no place in law enforcement.”

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