Problem

In 2013, former Marin County deputy, Evan Kubota, suspected Chaka Grayson, an unarmed, black man sitting in his parked car, of driving with a suspended license and being a "high-risk" stop. Despite being in a busy residential area, beside a playground with children playing, Kubota did not follow police guidelines and aggressively approached Grayson's car from the side with his gun drawn. When confronted with the gun, Grayson drove away. Kubota began erratically firing 16 bullets at Grayson and into the park and nearby residence. 3 of the bullets struck Grayson, paralyzing his arm. Kubota fired his gun in an almost 90 degree spread going from the park, into an apartment building, and onto the street where he continued to fire his weapon at Grayson's vehicle. One witness, who was on the sidewalk and in Kubota's direct line of fire, had to drop to the ground to avoid being shot. He took actions that put himself, the community, and the suspect in danger. 

Deputy Kubota committed 9 department violations during the incident and was eventually terminated by the sheriff's department. The Undersheriff describe Kubota's conduct in his Notice of Intent to Terminate as “nothing less than negligent” and “flawed in the extreme” being contrary to step by step instructions for carrying out a high risk traffic stop. The county paid out $585,000 in settlement costs.

However, in 2015, Evan Kubota sued the county. Without the public's knowledge, the Marin County Personnel Commission suddenly cleared Kubota of 6 out of 9 violations. He was also permitted to return to the police force but was demoted to a clerical position.

In 2017, he sued the county for the second time in an attempt to get the last 3 violations cleared, return to his position as a deputy, and collect back pay. That time the public was aware and demanded that Kubota be held accountable for his actions. The Marin County Personnel Commission ruled to uphold the 3 violations and his demotion, with a 5-0 vote. The commission stated, “This most recent incident, when viewed against the backdrop of Kubota’s prior record, demonstrates that he should not be carrying a gun with a badge around Marin County any longer." 

Kubota has since left his clerical position at the county and is now working for Execushield, a private California securities corporation, based in San Francisco. https://execushield.com

Kubota is now suing the county for the third time. He wants a judge to reverse the final decision by the Marin County Personnel Commission. His lawsuit seeks restoration to his patrol job, lost compensation with interest and attorneys’ costs, and demands that records related to his firing and demotion be removed from his personnel file. His court date is coming up on November 6, 2020.

Before the incident in 2013, Kubota had a record of disciplinary problems. He had been suspended twice and reprimanded once for a series of policy violations between 2010 and 2013. He has displayed incompetence and excessive force that has directly put the public in danger, paralyzed a man's arm, and has cost the county $585,000 in settlement costs, plus thousands in legal and investigation fees. 

We can not allow for his last 3 violations to be swept under the rug, like the other 6. We can not allow a man like this to patrol our streets. We must let him know that we will not just go away. We will continue to hold him accountable for his actions.

Solution
Evan Kubota has a serious history of misconduct. It is imperative that he be held responsible for his actions and is not reinstated as a deputy. Please sign this petition and tell the Marin County Superior Court that Kubota's last three violations must be sustained and that he must never regain his position as deputy again.

The Marin County Superior Court trial is currently scheduled for November 6, 2020 at 1:30 pm.

Personal story
Five years ago, my husband was almost killed by Officer Evan Kubota. It was a beautiful day and many families were out playing on the playground and basketball courts. I was home with my baby girl, when I heard 16 gun shots right outside of my window, on Terners Drive, between the playground and park. At the same time, my husband was walking home from the store. I was struck with terror. I ran to the window to look for my husband. What I saw was Evan Kubota running down the street, recklessly shooting into our busy, residential neighborhood. Children were right beside him screaming and some fled across the street behind him. I frantically looked for my husband. Moments later, he entered our home, shaking, and explained what happened.

My husband became a key witness in the Kubota trial that day. He watched as Officer Kubota stopped his car in the middle of the street, got out, and with immediate aggression pulled a gun on Chaka Grayson, who was sitting in the driver's side of his parked car. Kubota said he confronted Grayson because he suspected him of driving with a suspended license. Kubota was on the driver's side of Grayson's car, and Grayson drove off when he was confronted with the gun. Kubota started shooting at Grayson and fired 16 shots. Three of them hit Grayson and paralyzed his arm. The other bullets were found in an almost 90 degree spread. They went from the park to the apartment building, where my daughter and I were, to the sidewalk, where my husband was, to the street. My husband was in Kubota's line of fire and had to lay on the ground to avoid being shot.

Struck with the reality of the situation, I joined other concerned families on the sidewalk at the scene. I spoke with Kubota and told him that he shot towards my husband who had been on the sidewalk. He was visually flustered but gave no apologies and started making up excuses. He lied and said that Grayson had tried to run him over, which was physically impossible from where he was positioned in relation to the car. Later, we watched as his patrol car got repositioned after the incident.

After the incident, we saw our neighborhood turn into what looked like a war zone. Helicopters circled, police were on every corner and at our gates with huge guns, the freeway entry was blocked, and residents were interrogated, all because of Kubota's horrific response to the situation and lack of integrity. At first, I blamed Grayson for driving off, but seeing Kubota's erratic, hot-headed behavior, I realize that there is a good chance that Chaka wouldn't be alive today, if he hadn't driven off.

Thankfully, no one was killed that day, and Chaka and my husband lived to testify. My husband and I, along with other witnesses, worked with the police and public defender throughout the investigation. Justice was served when the case finally went to trial and Kubota was found guilty of nine violations and was fired from the sheriff's department.

The community and I are now deeply disturbed to find out that, after five years, the Personnel Commission suddenly cleared Kubota of six of his nine violations, and the court is now considering clearing him of his last three violations.

It is especially startling that there is a possibility that he may be reinstated as a deputy, knowing that Kubota has also been suspended three times for other incidents: once for leaving his patrol car open and running, which allowed someone to jump in and try to steal it; another for tipping off law enforcement associates about a pending DUI checkpoint in Novato; and a third for allegedly chasing a low-level suspect across Highway 101.

Evan Kubota is a danger to the public and a liability to the police force. He handled the situation with incompetence, put innocent lives in danger, paralyzed a man's arm, lied, and tampered with evidence; he has also cost Marin County hundreds of thousands of dollars. It is a disgrace that six of his violations were excused and justice was not upheld. We urge the Marin County Superior Court to hold Kubota accountable for his remaining three misconduct violations and ensure that he never regains his position as a deputy again.