Demand ex-Marin County Deputy be Held Accountable for his Violations

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Jim Geraghty
Jim Geraghty signed this petition

Ex-Marin County deputy, Evan Kubota, has displayed incompetence and excessive force that has directly put the public in danger and has cost the county $585,000 in settlement costs, plus thousands in legal and investigation fees. Kubota has a series of department violations from 2010 to 2013. During a traffic stop in 2013, Kubota shot an unarmed, black man three times and erratically shot another 13 bullets into a busy residential neighborhood, beside a children's playground. He committed 9 department violations during the incident and was terminated by the sheriff's department. He is now suing to get reinstated as a deputy with back pay and benefits. Five years after the incident, the Marin County Personnel Commission has suddenly cleared Kubota of 6 out of 9 violations. The Personnel Commission will be reviewing the remaining 3 violations, which are related to competence, integrity, and creditable conduct. If Kubota is cleared of the remaining 3 violations, he could be reinstated as a deputy.

It is imperative that Kubota be held responsible for his actions and is not reinstated as a deputy. Please sign this petition and tell the Marin County Personnel Commission that Kubota's last three violations must be sustained and that he must never regain his position as deputy again.

Also, come voice your concerns at the Personnel Commission meeting on March 6, 2019 at 9:00am, Civic Center, 3501 Civic Center Drive, Board Chambers Room 330 (room # may change), San Rafael, CA. Check for updates.

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 to go along with his story.

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 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 has suddenly cleared Kubota of six of his nine violations and are 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 Personnel Commission to hold Kubota accountable for his remaining three violations.

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