Watch | Mistrial declared in Sacramento deadly K Street Shooting

[00:00:00]All righty, how's the sound? Can you hear me? Testing, testing, yes? Okay.

[00:00:04]All right, so for the record, my name is Leia Schenk, l e i a s c h e n k and I'm the founder and CEO of IMPACT, e m p a c t.

[00:00:15]And I have been the lead community advocate throughout the court proceedings of this trial.

[00:00:21]To clarify, I have been the direct advocate for the families of Johntaya Alexander, Sergio Harris and Devazia Turner.

[00:00:30]I stand here today in solidarity with all the families impacted in this tragedy. However, I do not speak for them all.

[00:00:40]This has been a long and painful, traumatizing 4 years.

[00:00:45]What took place on the early mornings of April 3rd, 2022, to some of you may be described as a horrific act of gun violence.

[00:00:56]But to this families and these families standing here, it was the worst day of their lives.

[00:01:04]And what will always historically be known as the K Street mass shooting, the deadliest shooting in Sacramento's history, >> [snorts] >> has left a stain on this city that will never disappear.

[00:01:18]To those of us that were there on 10th and K, either when the shooting occurred or in the immediate hours after, we will never forget the devastation of that day.

[00:01:29]Soon you will hear from the father and the sister of Johntaya, the mother and the sister of Sergio, and the wife of Emtiaz Hussain.

[00:01:42]Today we didn't receive a verdict.

[00:01:46]As all of you all are aware, it was a mistrial.

[00:01:49]Now while we don't have clear understanding as to what the mistrial is about, those of us that have been in this courtroom can pretty much figure it out.

[00:01:58]I have said from the very beginning that no matter what the verdict is, there are no winners.

[00:02:05]Nobody wins.

[00:02:10]Everybody involved will forever be changed.

[00:02:13]That includes the names you heard throughout this trial.

[00:02:17]We call them surviving witnesses, surviving victims that were also affected by this tragedy.

[00:02:25]My role as an advocate in these proceedings is to provide emotional support through the grueling process of a criminal trial.

[00:02:32]And to see to it that the rights of the victims' families are upheld in a space that does not center the families of victims.

[00:02:43]No parent should ever have to undergo this journey alone.

[00:02:47]And no family should ever be subjected to disrespect or to a lack of compassion that was shown in this courthouse throughout this trial.

[00:02:56]We as advocates talk a lot about gun violence.

[00:02:59]And you'll hear the Sacramento Police Department tell you that gun violence is on the decline.

[00:03:03]And you'll hear million-dollar budget numbers allocated to violence prevention, otherwise known as OVP.

[00:03:10]But what does any of that matter when something like this can take place just two blocks away from the capital building of the state of California?

[00:03:20]Where 18 people were shot and six would lose their lives.

[00:03:25]You see, some may be a little better at giving grace to save face.

[00:03:29]But impact was there that early morning.

[00:03:32]And I watched Sergio Harris's father stand at the yellow tape begging to identify if one of the bodies on the ground was that of his sons.

[00:03:43]And I was there when Yamile's family arrived after driving 4 hours to get to Sacramento to learn that the news was true.

[00:03:52]And I the loud screeching cry come from the father of Donteya after learning that one of the bodies was that of his baby girls.

[00:04:08]An impact was there as those bodies lay on the ground for 18 hours before the coroners arrived.

[00:04:13]See, the reality of senseless gun violence is not in the headlines.

[00:04:17]It's in the families that are left behind.

[00:04:22]>> [snorts] >> And while I recognize the Herculean effort it took for the attorneys to do what they felt their job was, I would be remiss if I didn't acknowledge the fact that whenever your pursuit of justice turns into an opportunity for career fame and high-profile stardom, you lose the plot.

[00:04:41]And when victims aren't protected both emotionally and physically, and the mission of winning becomes a priority, it has nothing to do with justice.

[00:04:59]I've been clear from the very beginning on my position with this case, and I've taken a lot of heat for it.

[00:05:05]But my position has been clear from the very beginning that my commitment is to my community, and my commitment is to these families, not to the system.

[00:05:14]And there's a price to pay for that.

[00:05:16]And some will resent your tenacity to take the blows and stay in the fight anyway.

[00:05:21]But I'm not your average advocate, because I have the audacity to walk into this courthouse with these families anyway, whether you think that they deserve advocacy and support anyway, whether the system believes that they need support anyway.

[00:05:39]I want to publicly express my gratitude to these families, because it's been one hell of a four years, and they possess a strength that I could never describe.

[00:05:49]No parent should ever have to bury their child, no matter the age, and no matter the circumstances.

[00:05:56]And I will end with this.

[00:05:58]Life will go on, but only because it has to.

[00:06:02]Because now these families have to come back, and they have to relive this all over again, as if this 4 years wasn't enough.

[00:06:13]For these families, that day and that call will forever be embedded into their hearts.

[00:06:19]And of all the violence prevention and crime survivors programs that have built their grant language off the backs of the K Street shooting, not a single one of them have been here throughout the process.

[00:06:28]And not a single one of these families have benefited from those grant dollars.

[00:06:40]So, I present to you the reality of the K Street shooting.

[00:06:45]And I ask that you remember what matters the most, the lives that were lost.

[00:06:51]And I ask that you be careful in your line of questioning.

[00:06:54]I ask that you be careful in your assumptions that K Street cannot happen again.

[00:07:01]And as I say these names, remember their families, their children, their loved ones.

[00:07:11]Jontaya, 21 years old, just went out for a night, enjoyed the night with her sister, her big sis.

[00:07:23]She went to get the car to bring it around so they can go home.

[00:07:28]And 13 seconds later, she would lose her life.

[00:07:34]Yamile, celebrating her 21st birthday, came here to Sacramento for the first time from Fresno to come to a concert.

[00:07:44]She was just walking to her car to go home, her and her good friend, to never make it back to Fresno.

[00:07:52]Melinda, 56 years old, pal, unhoused, homeless, just sleeping on the corner of Jan 10th.

[00:08:02]You know, it's not a crime to be homeless.

[00:08:04]Sleeping in her tent, she gets shot in her chest and die on the corner for being homeless.

[00:08:13]Sergio, father of three, his children are now fatherless.

[00:08:23]Devazier, father of four, fatherless children, his mother's only son.

[00:08:31]And Joshua would also lose his life.

[00:08:34]Their lives mattered, and what happens inside this courtroom matters.

[00:08:39]Victims advocacy is here for a reason.

[00:08:43]And so I ask that you be careful and allow the families to please speak from their hearts, from whatever they want to say.

[00:08:50]I'm going to have John speak. John Alexander, this is the father of Johnteya, and we have the sister, this is Jonteja.

[00:08:58]She is also a surviving victim who was there that night.

[00:09:01]I'm going to allow them both to speak.

[00:09:08]>> What I witnessed today, through the justice system, I feel was unfair.

[00:09:17]We put our trust and belief into 12 jurors to seek justice for my daughter.

[00:09:28]Anyone that sat in that courtroom can see that we deserve justice.

[00:09:35]And what I mean by justice is as a family as individuals as human beings we have the right to go downtown and enjoy ourselves.

[00:09:54]Whether you're black, you're white, you're Hispanic, it doesn't matter. You have the right to go downtown Sacramento, the capital and enjoy yourself without the fear of violence.

[00:10:13]Now, for my daughter to witness her sister lose her life at a time where they're supposed to be enjoying theirself and for the jury to not give us justice is uncalled for.

[00:10:31]The video showed whether it was gang related or not whether it was self-defense or not whether you was there a felon with a gun and not supposed to have a gun we should have got justice cuz there's no way in the world that you should not be as human beings be able to go enjoy yourself on K Street without eruption of violence.

[00:11:01]They showed the chaos and how it dispersed.

[00:11:09]And they had the choice to leave then.

[00:11:14]There was no self-defense after that.

[00:11:17]You chose to stay there. You made that decision to stay there and contribute to that violence.

[00:11:31]That was your wrongfulness right there.

[00:11:35]You had a decision to make as a human being to leave.

[00:11:42]To stand your ground and leave and not be a part of it. But you chose to stay there and contribute to the life being taken.

[00:11:53]So, there was no self-defense.

[00:11:56]There was arrogance and unworthiness for other lives.

[00:12:04]Not caring for nobody else but yourself.

[00:12:08]And you in that decision took the lives of others and my daughter.

[00:12:14]So, I did not get justice today.

[00:12:17]I did not get justice in these four years. I did not get justice in these two months of being in this courtroom.

[00:12:24]I got a slap in the face.

[00:12:28]I literally got a slap in the face by this system we call justice.

[00:12:35]And I leave here discouraged.

[00:12:39]Cuz what if another family want to go down there and enjoy they self?

[00:12:45]Is this what they got to endure?

[00:12:48]Is this what they got to go through?

[00:12:50]It's not right.

[00:12:53]And with that being said, I'm going to let y'all hear from my daughter who had to witness it there herself and how she feel.

[00:13:11]>> I don't really have too much to say other than I put myself through a long, hard process with the hope that there would be some sort of accountability on someone's part with the hope that I would get some sort of justice, with the hope that I would be able to begin to heal and live again, because I have not been living.

[00:13:39]When y'all killed my sister, they killed a part of me and I have not been living.

[00:13:46]And I was hoping that the right thing was going to come from this trial and I was going to be able to live and breathe again.

[00:13:55]I had my best friend took from me. I had my heart ripped out my chest and there was nothing I could do about it. And I had nothing else to do but put my hope and faith in a justice system that did not prevail.

[00:14:12]Those defendants get to walk away today with something I don't get to walk away with and that is hope.

[00:14:19]Hope that they will see the sun again.

[00:14:21]Hope that they will breathe air again.

[00:14:23]Hope that they will be free. Their families get that hope. I don't have that hope. My hope is 6 ft in the ground.

[00:14:32]And after this trial, what little bit of hope I may have had, it's for sure gone.

[00:14:40]Y'all just took what little bit of life I did have left.

[00:14:45]What little bit of hope I did have left.

[00:14:48]Justice is supposed to be blind and it does not seem like we were giving blind justice today in no way, shape or form.

[00:14:57]And that's all I got to say on the matter.

[00:15:19]>> Good afternoon everybody. I am Pamela Harris.

[00:15:23]I am Sergio's parent.

[00:15:27]This is my husband, Fred Harris.

[00:15:29]This is Dad.

[00:15:32]Right now, I am lost for words.

[00:15:37]I sit here in front of you right now, and I had this funny feeling came over me in the last past week that this was going to happen.

[00:15:45]Cuz I felt like the justice system did not do their job.

[00:15:49]Whatsoever.

[00:15:51]They dropped the ball.

[00:15:53]The DA dropped the ball.

[00:15:56]The judge dropped the ball.

[00:15:59]That courtroom was like a circus.

[00:16:02]They let things happen that shouldn't have happened in that courtroom.

[00:16:07]And it feels like, you know, he ain't got no justice.

[00:16:12]He has to go visit his daughter at the graveyard.

[00:16:16]We have to go visit our son at the graveyard.

[00:16:21]Those other folks, they get three square meals a day.

[00:16:26]They got a cot they lay on.

[00:16:28]And they get family they get visits from their family.

[00:16:32]We don't have that.

[00:16:34]It's disgusting.

[00:16:37]And I feel that these people did not do their job. The jury, I felt like it was tainted.

[00:16:47]Anytime you can go home every day, and the judge says, "Oh, well, don't look at the internet. Don't do this. Don't do that."

[00:16:54]God knows they did just the opposite.

[00:16:57]We know this.

[00:16:58]>> Facts.

[00:16:59]>> Okay? It's a known fact.

[00:17:02]Then what happens?

[00:17:03]Oh, one juror says, "Oh, well, I got to go on vacation." So, what the judge do?

[00:17:08]Give them 14 days off.

[00:17:11]That's extra time for them to gather around and talk to their friends and families and God knows whoever else.

[00:17:21]When it's all said and done at the end of the day, these families didn't get no justice whatsoever.

[00:17:28]Nothing.

[00:17:30]Period. They came back the first time saying, "Oh, we're going to drop man one."

[00:17:35]They come back with man two or manslaughter. And what happens?

[00:17:40]One juror.

[00:17:41]One.

[00:17:42]Decides to say, "Oh, I'm going to say they're not guilty."

[00:17:49]Well, I hope that that individual can sleep at night.

[00:17:54]Cuz I damn sure can't.

[00:17:57]Knowing that I thought for sure that we was going to get some justice from this.

[00:18:03]After 4 years of pain and suffering.

[00:18:06]And still going through pain and suffering.

[00:18:10]Our son has three children.

[00:18:14]They will never see their father again.

[00:18:17]All they can do is go to the graveyard and visit.

[00:18:21]His daughters will never get married and their dad can walk them down the aisle.

[00:18:27]None of that.

[00:18:30]He's got two daughters and one son.

[00:18:34]He's got sisters and brothers that miss him.

[00:18:39]And I just think it's not fair.

[00:18:41]Whatsoever.

[00:18:43]And I just don't have no faith in the justice system anymore.

[00:18:46]As far as I'm concerned, it's full of crap.

[00:18:50]Full of it.

[00:18:53]Things I do want to say and say it on TV.

[00:18:56]So, I'm going to um not say it because I might say something I can't take back.

[00:19:02]You know, I said something once before 3 years ago and guess what?

[00:19:07]My house got shot up.

[00:19:10]This attorney didn't give a damn.

[00:19:13]You know what they told us? Oh, we will relocate you. How in the hell you going to relocate me and I've been living there for 30 years?

[00:19:21]You can't just pick up and just leave.

[00:19:25]You know, I don't have no more faith in the justice system whatsoever.

[00:19:29]Period. As far as I'm concerned, day one, we lost.

[00:19:36]We lost.

[00:19:38]>> Yes, we did.

[00:19:39]>> Because we don't have our loved ones no more.

[00:19:42]Period.

[00:19:44]So, I'm going to walk away from this podium and try to be kind.

[00:19:49]Cuz you don't want to see the other side of me. And it's nothing nice.

[00:19:54]And I say good day to you guys.

[00:19:58]And have a blessed one.

[00:19:59]Thank you.

[00:20:16]>> Mr. Mr. Clark here, brother of Stephon Clark, founder CEO of I Am Stephon Clark Foundation, here to support my dear advocate sister Leia, to support the families and the victims. And what I wanted to come out here, you know, cuz I didn't go to the trial the entire time. Leia's been in every I don't think you missed a court day. And she's been sitting with the families.

[00:20:37]And what we've noticed something before the trial is that how many people failed these families. I want to piggyback off what Leia said and um what Stephon Clark's family said as well, is the media failed when it comes to reporting this case. The media failed accurately when it comes to reporting the the the facts of this case. When it comes to the death of the loved ones, they they all came to support at first. They all came uh flocking to support cuz they said this is Sacramento's most largest mass shooting, so let's go support the families. As soon as they found out or or had some type of acknowledgement that there was some gangs or or some black people out there and shooting after the club at night, everybody whipped you their support. The organizations failed these families. The non-profit organizations that was supposed to be combating gun violence failed these families. The religious organizations decided not to do the funerals. Remember that laugh? They said, "Oh, no, we're not doing the funerals for none of those victims. We're not doing nothing for these victims." At first it was okay.

[00:21:31]"We'd love to have them at our church."

[00:21:33]Open arms. Few weeks later, they all canceled. They said, "No, no, have the funeral out of town."

[00:21:39]And then, you know, on top of that, the community support switched.

[00:21:43]At first the community was like, "Man, this is horrible. This is a mass shooting, Sacramento's largest mass shooting." And then it's all just gang banging.

[00:21:50]It's just gang violence.

[00:21:53]Gun violence is gun violence.

[00:21:55]Stephon Clark died by gun violence. Our silence is compliance when it comes to gun violence, no matter who has the gun.

[00:22:03]So, we're here to support these families, but not just some levels, but all levels. But we want you guys to understand that we're here because we're anti-gun violence as well.

[00:22:12]We don't choose a side when it comes to gun violence. It used to be a day we had uh neighborhoods, I mean, neighbors, and not too many neighborhoods. Now you got a bunch of neighborhoods, no neighbors no more. But it used to be a day where you have some differences with somebody after the club, and then you go at it and you break dance and [ __ ] I mean, stuff. You break dance or something.

[00:22:31]>> You're telling the truth.

[00:22:32]>> And then it came to a point where, you know, you had a problem with somebody, you go out in the back and YOU FIGHT IT OUT. YOU GO DUKE IT OUT.

[00:22:39]BUT IT'S NEVER BEEN A TIME where women and children were just off limits.

[00:22:46]You know, THERE'S NO MORE VILLAGES NO MORE.

[00:22:48]There's no more communities no more.

[00:22:51]And this is what happens when the elected officials fail.

[00:22:55]When the religious organizations fail.

[00:22:58]When the non-profits and the advocates fail. When the media fails.

[00:23:03]this is the kind of stuff that happens.

[00:23:05]And until we come together, like I said, on not just some of those, but all levels, this will continue to happen.

[00:23:10]And you will continue to have long, drawn-out long, long, overlong damn court process with no damn end in sight, with no damn uh uh uh uh justice in sight, no clear process in sight.

[00:23:26]I heard there was more vacation scheduled if it would've took longer, actually.

[00:23:30]Am I right? There was more vacation scheduled. If this wouldn't end, they have more vacation time.

[00:23:37]To go look at the media, to go make up their own, you know, uh uh uh opinions on what they think should have happened.

[00:23:43]So, what what what when I look at this case, come on now, I think it's a failure.

[00:23:47]A failure on these families.

[00:23:49]Our hearts go out with the family. Talk families, hearts go out with the family, because we know what it feels like to be failed by a justice system.

[00:23:55]We know what it's like. And, you know, I've lost two brothers, one to community violence, and one to gun violence.

[00:24:00]And I would hate for anybody, you know, I didn't get no court proceedings in in my brother's situation. By the same time, I would hate to be a family that has to sit here, like this family did, like these families have, to watch a loved one be assassinated again.

[00:24:14]Cuz that's pretty much what it was in there.

[00:24:16]There was This had nothing to do with justice.

[00:24:19]>> So, there was no justice.

[00:24:20]>> There was none.

[00:24:22]So, when we say no justice, no peace, this is exactly what the hell we mean.

[00:24:28]>> Okay. We'll go ahead and take questions.

[00:24:31]>> I have a question. Thank you.

[00:24:32]>> Yes, go ahead, sir.

[00:24:33]>> First of all, for sharing your guys' um feelings. Very emotional day, obviously.

[00:24:38]Leah, you had mentioned that you think you know that you were there every day. I wondered if you would share what that is. And then also, my understanding is that uh that the judge will reconvene this in October.

[00:24:51]Uh what do you anticipate on that day?

[00:24:53]>> Yeah, so um for the latter part of your question, so is when the the court is supposed to resume in this matter. It's just to talk about and brainstorm what they want to do next as far as next steps. Um typically in a mistrial, you have to get a brand new jury and you start the process all over again. So, it could possibly be that. It could be something where there's a plea deal maybe offered, maybe that so that the families don't have to endure it all again. That really wasn't clear to us today. Uh we came here um being told that it was a hung jury just to get here to find out that the judge ruled it a mistrial.

[00:25:27]Okay. Um as far as how court has been, you know, um just to give you some some background and history on this. We've been in two different courtrooms with two different judges.

[00:25:36]Okay. Um and prelims were 4 years.

[00:25:40]And then we just spent 42 I want to say 42 days for trial.

[00:25:45]So, like my brother said, I mean, it's been a circus in here. It has.

[00:25:50]Um there's no protection to the families.

[00:25:53]You know, when you have victims' families coming in here in something so high-profile and something that's so dangerous to where it's been coined the deadliest shooting in Sacramento history, the families should have escorts. They should have safety provisions in place. They should be protected both emotionally and physically, as I said. So, what I said at the beginning of the trial to the prosecutors was there needs to be some therapeutic support here.

[00:26:14]Was there throughout the whole process?

[00:26:15]No, there was nothing.

[00:26:17]So, when these families had to break, she had to be on the on the stand and testify to everything that she endured that night.

[00:26:24]If it's not horrific enough that that's something she's never ever going to get out of her mind, but then she now she has to tell it in front of a whole courtroom where they allowed individuals from the other side of the courtroom to heckle her, to yell out at her, to say things at her while she was on the stand.

[00:26:40]So, what happened to um witness intimidation? Does that not apply for black people? Does it not apply for the K Street shooting? Does it not apply maybe for his courtroom? We don't know.

[00:26:49]We don't know, but the family deserved better. They didn't even get a call today.

[00:26:54]Families didn't even get a call today from the District Attorney's office.

[00:26:58]None of these families found out what was happening today from the District Attorney's office. So, that just speaks to the lack of respect um that was shown and just the lack of compassion that if nothing else, your first contact is should be the victim's families.

[00:27:13]They deserve to be here. They had a right to be here. They had a right to be in that courtroom to hear every single thing that the judge said.

[00:27:19]They had a right to hear that.

[00:27:20]And they and they failed to do that. And it was on purpose. It's intentional.

[00:27:24]So, there was a lot of things that took place. This was not a safe environment at all. You know, um families have to walk blocks to get to their car. They've been threatened. There's been death threats. There have been physical altercations out here in front of this courthouse and inside the courthouse.

[00:27:38]It's been absolutely horrible.

[00:27:44]Go ahead, Roxane.

[00:27:46]>> You say that today there was no justice.

[00:27:48]What would justice look like if there is another trial for the families?

[00:27:53]>> Well, I mean, ultimately >> Justice looks like this. The same thing y'all imposed on my sister and my family is what it should look like for you.

[00:28:01]It looks like this. It looks like 100 years locked in a cage. That is what justice looks like.

[00:28:10]Okay. So, it looks like death.

[00:28:13]It looks like being locked in a cage for 100 years. That's what justice looks like. The same thing you put out is the same thing you need to get back.

[00:28:22]>> Accountability.

[00:28:23]>> Accountability.

[00:28:25]So, yeah. Yeah.

[00:28:26]>> Not to have no hope and a prayer.

[00:28:29]To sit there and know that you have a term to serve out. Just like you sentenced us to a term of taking my daughter from me that I have to serve out.

[00:28:42]You should be in jail right now saying, "I have to spend the remainder of my life doing this because this is the decision I made on April the 3rd, 2022.

[00:28:59]Next question.

[00:29:00]>> So, ultimate justice would be to have their loved ones back.

[00:29:04]That's that's really ultimate. There is no such thing as justice.

[00:29:07]You know, in a case like this. So, what does that really mean?

[00:29:10]Their loved ones are not here. They don't get them back. It doesn't change that.

[00:29:14]So, it's it's difficult, but at least it gives you some type of remnant of something if they were to get something that they that they asked for. Something that they were promised. At least it's something to hold on to. As JonTae said, hope. Something.

[00:29:28]But, that's not what they got at all.

[00:29:30]And and there's no promise of that. So, now we're starting all over again.

[00:29:34]So, the families can't even begin to heal until this is over with. I mean, cuz every time they walk in here, they're ripping the band-aid off all over again.

[00:29:42]>> Job opportunities lost.

[00:29:43]>> Everything.

[00:29:45]Yeah, jobs. I mean, you know, they're they're not working. Who's compensating them for missing work?

[00:29:50]Who's compensating the families for the gas that they're spending to get here every single day?

[00:29:56]They're victims. So, that should be the District Attorney's Office who offers victims funds and victims protection. They haven't received any of that.

[00:30:05]>> So, obviously, thank you guys for sharing everything. You mentioned obviously the lack of witness protection throughout this trial. As we head into possibly a new retrial, what are your demands? What do you want to see be done correctly this time around to protect your you and your families?

[00:30:19]>> So, that'll be based on what the families want. See, this is not about me. It's not about Sabontae. We're just here to amplify the families' messaging.

[00:30:25]So, that'll be something that we'll have to sit down with. It's too fresh right now. But, we'll sit down individually with the families and whatever it is that they want, that's what we'll echo.

[00:30:35]Anyone else?

[00:30:39]>> Thank you.

[00:30:40]>> Yes.

[00:30:41]Thank you, thank you.