FRESNO, CA. (KMJ) – The Fresno Police Department has responded with its own video after a protest at a Fresno breakfast restaurant led to a man being detained.
The incident happened on Sunday at the Waffle Shop on Figarden Dr. in Northwest Fresno.
Police say Tom Miller Sr. was detained for interfering with officers doing their job.
On Monday, Fresno Police Chief Andrew Hall issued the following statement:
I understand how difficult the City’s Shelter in Place Emergency Order has been for everyone, especially small business owners and their staff. I have also witnessed the pain and suffering associated with the pandemic as one of my own officers have lost loved ones to this virus.
Sadly, the Fresno Police Department is being placed in the middle of opposing political viewpoints on how the City operates during the COVID-19 pandemic. The Fresno Police Department has a duty to enforce laws that are passed by your elected politicians. Regardless of our personal opinions and beliefs, we take an oath to uphold and enforce these laws until a judge rules them to be unconstitutional.
The City Attorney for the City of Fresno has ruled that the laws surrounding the Shelter in Place Emergency Orders, to include the closure of restaurant dining rooms, to be lawful to enforce. It is important to understand that Code Enforcement is under the City Attorney’s Office who reports directly to the Council President and Council Members. I gave clear direction to my officers that they would seek voluntary compliance and that no arrests or any enforcement would take place without my approval through the officer’s chain of command. This did not occur. I have concerns in the manner in which this incident was handled and I have ordered an Internal Affairs investigation be conducted to investigate the handling of this incident. In the spirit of transparency, I have released the officer’s body camera footage for public review.
After a thorough review of this incident, it does appear that the officer was acting lawfully while assisting Code Enforcement. It also appears that the individual, in this case, did obstruct the officer in his duties. The officer’s detention of this individual allowed for Code Enforcement to complete their duties. As a result, the individual was only detained and was released without any further charges beings filed.
I am asking the public to always respect the authority of a police officer. Pushing, striking, delaying or obstructing an officer is against the law. The men and women of the Fresno Police Department risk their lives every day for this community and will continue to do so during and after this crisis is over.Click to listen to the report by KMJ’s Liz Kern:
