But by that time nobody really gave a damn. The Chicano community had lost faith in the inquest about midway through the second day, and all the rest of the testimony only reinforced their anger at what most considered an evil whitewash. When the D.A. announced that no charges would be filed against Wilson, several of the more moderate Chicano spokesmen called for a federal investigation. The militants called for an uprising. And the cops said nothing at all.
There was one crucial question, however, that the inquest settled beyond any reasonable doubt. Ruben Salazar couldn't possibly have been the victim of a conscious, high-level cop conspiracy to get rid of him by staging an "accidental death." The incredible tale of half-mad stupidity and dangerous incompetence on every level of the law enforcement establishment was perhaps the most valuable thing to come out of the inquest. Nobody who heard that testimony could believe that the Los Angeles County sheriffs department is capable of pulling off a delicate job like killing a newsman on purpose. Their handling of the Salazar case -- from the day of his death all the way to the end of the inquest -- raised serious doubts about the wisdom of allowing cops to walk around loose on the street. A geek who can't hit a 20 foot wide ceiling is not what you need, these days, to pull off a nice clean first-degree murder.
But premeditation is only necessary to a charge of first degree murder. The Salazar killing was a second-degree job. In the terms of Section 187 of the California Penal Code and in the political context of East Los Angeles in 1970, Ruben Salazar was killed "unlawfully" and "with malice aforethought." These are treacherous concepts, and no doubt there are courts in this country where it might be argued successfully that a cop has a "lawful" right to fire a deadly tear gas bazooka point-blank into a crowd of innocent people on the basis of some unfounded suspicion that one of them might be armed. It might also be argued that this kind of crazed and murderous assault can be accomplished without "malice aforethought."
Maybe so. Maybe Ruben Salazar's death can be legally dismissed as a "police accident," or as the result of "official negligence." Most middle-class, white-dominated juries would probably accept the idea. Why, after all, would a clean-cut young police officer deliberately kill an innocent bystander? Not even Ruben Salazar -- ten seconds before his death -- could believe that he was about to have his head blown off by a cop for no reason at all. When Gustavo Garcia warned him that the cops outside were about to shoot, Salazar said, "That's impossible; we're not doing anything." Then he stood up and caught a tear gas bomb in his left temple.
The malignant reality of Ruben Salazar's death is that he was murdered by angry cops for no reason at all -- and that the L.A. sheriff's department was and still is prepared to defend that murder on grounds that it was entirely justified. Salazar was killed, they say, because he happened to be in a bar where police thought there was also a "man with a gun." They gave him a chance, they say, by means of a bullhorn warning. . . and when he didn't come out with his hands up, they had no choice but to fire a tear gas bazooka into the bar. . . and his head got in the way. Tough luck. But what was he doing in that place, anyway? Lounging around a noisy Chicano bar in the middle of a communist riot?
What the cops are saying is that Salazar got what he deserved -- for a lot of reasons, but mainly because he happened to be in their way when they had to do their duty. His death was unfortunate, but if they had to do it all over again they wouldn't change a note.
This is the point they want to make. It is a local variation on the standard Mitchell-Agnew theme: Don't fuck around, boy -- and if you want to hang around with people who do, don't be surprised when the bill comes due -- whistling in through the curtains of some darkened barroom on a sunny afternoon when the cops decide to make an example of somebody.
The night before I left town I stopped by Acosta's place with Guillermo Restrepo. I had been there earlier, but the air was extremely heavy. As always, on stories like this, some of the troops were getting nervous about The Stranger Hanging Around. I was standing in the kitchen watching Frank put some tacos together and wondering when he was going to start waving the butcher knife in my face and yelling about the time I Maced him on my porch in Colorado (that had been six months earlier, at the end of a very long night during which we had all consumed a large quantity of cactus products; and when he started waving a hatchet around I'd figured Mace was the only answer. . . which turned him to jelly for about 45 minutes, and when he finally came around he said, "If I ever see you in East Los Angeles, man, you're gonna wish you never heard the word 'Mace,' because I'm gonna carve it all over your fuckin body.")
So I was not entirely at ease watching Frank chop hamburger on a meat block in the middle of East L.A. He hadn't mentioned the Mace, not yet, but I knew we would get to it sooner or later. . . and I'm sure we would have, except that suddenly out in the living room some geek was screaming: "What the hell is this goddamn gabacho pig writer doing here? Are we fuckin crazy to be letting him hear all this shit? Jesus, he's heard enough to put every one of us away for five years!"
Longer than that, I thought. And at that point I stopped worrying about Frank. A firestorm was brewing in the main room -- between me and the door -- so I decided it was about time to drift around the corner and meet Restrepo at the Carioca. Frank gave me a big smile as I left.
A man police say preyed on elderly women was charged Tuesday with one count of murder and 12 of robbery. Frazier DeWayne Brown, 44, a 6-foot, 2-inch, 230-pound former Los Angeles county sheriff's deputy, was arraigned in the same Hall of Justice courtroom where he once worked as a bailiff. Police had long been seeking a man who befriended elderly women at bus stops and later attacked and robbed them. Evidence against Brown included possessions taken from victims of strong-arm robberies and found in his home.
L. A. Times 3/31/71
Several hours later we came back. Guillermo wanted to talk to Oscar about putting pressure on the KMEX-TV management to keep him (Restrepo) on the air. "They want to get rid of me," he explained. "They started the pressure the day after Ruben was killed -- the next fuckin day!"
We were sitting on the floor in the living room. Outside, overhead, the police helicopter was looping around in the sky above Whittier Boulevard, sweeping the neighborhood with a giant searchlight beam that revealed nothing -- and served no purpose except to drive the Chicanos below into a seething rage. "Those sons of bitches!" Acosta muttered. "Look at that goddamn thing!" We had all gone out in the yard to stare up at the monster. There was no way to ignore it. The noise was bad enough, but the probing searchlight was such an obvious, outrageous harassment that it was hard to understand how even a cop could explain it away as anything but deliberate mockery and provocation.
"Now tell me," said Acosta. "Why are they doing a thing like this? Why? You think they don't know what effect it has on us?"
"They know," said Restrepo. He lit a cigarette as we went back inside. "Listen," he said, "I get about fifteen telephone calls every day from people who want to tell me stories about what the police have done to them -- terrible stories. I've been hearing them for a year and a half, every goddamn day -- and the funny thing is, I never used to believe these people. Not completely. I didn't think they were lying, just exaggerating." He paused, glancing around the room, but nobody spoke. Restrepo is not entirely trusted in these quarters; he is part of the establishment -- like his friend, Ruben Salazar, who bridged that gap the hard way.
"But ever since Ruben," Restrepo continued, "I believe these stories. They're true! I realize that, now -- but what can I do?" He shrugged, nervously aware that he was talking to people who had made that discovery a long time ago. "Just the other night," he said, "I got a call from a man who said the cops killed his cousin in the yail. He was a homosexual, a young Chicano, nobody political -- and the police report said he hung himself in his cell. Suicide. So I checked it out. And, man, it made me sick. This guy's body was all bruises, black and blue marks all over him -- and right across his forehead he had 16 fresh stitches.
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"The police report said he tried to escape so they had to dominate him. They got him sewed up at the hospital, but when they took him to yail, the warden or yailer or whatever they call the bastard wouldn't accept him, because he was bleeding so bad. So they took him back to the hospital and got a doctor to sign some paper saying he was OK to be put in the yail. But they had to carry him. And the next day they took a picture of him hanging from the end of the top bunk with his own shirt tied around his neck.
"You believe that? Not me. But you tell me -- what can I do? Where do I look for the truth? Who can I ask? The sheriff? Goddamn, I can't go on the air with a story about how the cops killed a guy in the yail unless I know something for proof! Jesus Christ, we all know. But just to know is not enough. You understand that? You see why I never made that story on TV?"
Acosta nodded. As a lawyer, he understood perfectly that evidence is necessary -- on the air and in print, as well as in the courtroom. But Frank was not convinced. He was sipping from a quart of sweet Key Largo wine, and in fact he didn't even know who Restrepo was. "Sorry, man," he'd said earlier. "But I don't watch the news on TV."
Acosta winced. He watches and reads everything. But most of the people around him think The News -- on the TV or radio or newspapers or wherever -- is just another rotten gabacho trick. Just another bad shuck, like the others. "The news," to them, is pure propaganda -- paid for by the advertisers. "Who pays the bill for that bullshit?" they ask. "Who's behind it?"
Who indeed? Both sides seemed convinced that the "real enemy" is a vicious conspiracy of some kind. The Anglo power structure keeps telling itself that "the Mexican problem" is really the work of a small organization of well-trained Communist agitators, working 25 hours a day to transform East L.A. into a wasteland of constant violence -- mobs of drug-crazed Chicanos prowling the streets at all times, terrorizing the merchants, hurling firebombs into banks, looting stores, sacking offices and massing now and then, armed with Chinese sten pistols, for all-out assaults on the local sheriff's fortress.
A year ago this grim vision would have been a bad joke, the crude ravings of some paranoid hysterical Bircher. But things are different now; the mood of the barrio is changing so fast that not even the most militant of the young Chicano activists claim to know what's really happening. The only thing everybody agrees on is that the mood is getting ugly, the level of tension is still escalating. The direction of the drift is obvious. Even Gov. Reagan is worried about it. He recently named Danny Villanueva, one-time kicking specialist for the Los Angeles Rams and now general manager of KMEX-TV, as the Governor's personal ambassador to the whole Chicano community. But, as usual, Regan's solution is part of the problem. Villanueva is overwhelmingly despised by the very people Reagan says he's "trying to reach." He is the classic vendido. "Let's face it," says a Chicano journalist not usually identified with the militants, "Danny is a goddamn pig. Ruben Salazar told me that. You know KMEX used to be a good news station for Chicanos. Ruben was the one who did that, and Danny was afraid to interfere. But within 24 hours after Ruben was murdered, Villanueva started tearing up the news department. He wouldn't even let Restrepo show films of the cops gassing people in Laguna Park, the day after Ruben died! Now he's trying to get rid of Restrepo, cut the balls off the news and turn KMEX-TV back into a safe Tio Taco station. Shit! And he's getting away with it."
The total castration of KMEX-TV would be a crippling blow to the Movement. A major media voice can be an invaluable mobilizing tool, particularly in the vast urban sprawl of Los Angeles. All it takes is a sympathetic news director with enough leverage and personal integrity to deal with the news on his own terms. The man who hired Ruben Salazar, former station director Joe Rank, considered him valuable enough to out-bid the blue-chip Los Angeles Times for the services of one of that paper's ranking stars -- so nobody argued when Salazar demanded absolute independence for his KMEX news operation. But with Salazar dead, the station's Anglo ownership moved swiftly to regain control of the leaderless news operation.
Guillermo Restrepo, Salazar's heir apparent, suddenly discovered that he had no leverage at all. He was muscled into a straight newscaster's role. He was no longer free to investigate any story that he felt was important. . . If the Chicano Moratorium Committee called a press conference to explain why they were organizing a mass rally against "police brutality," for instance, Restrepo had to get permission to cover it. And Chicano activists soon learned that a two-minute news feature on KMEX was crucial to the success of a mass rally, because TV was the only way to reach a mass Chicano audience in a hurry. And no other TV station in L.A. was interested in any kind of Chicano news except riots.
"Losing Ruben was a goddamn disaster for the Movement," Acosta said recently. "He wasn't really with us, but at least he was interested. Hell, the truth is I never really liked the guy. But he was the only journalist in L.A. with real influence who would come to a press conference in the barrio. That's the truth. Hell, the only way we can get those bastards to listen to us is by renting a fancy hotel lounge over there in West Hollywood or some bullshit place like that -- where they can feel comfortable -- and hold our press conference there, with free coffee and snacks for the press. But even then, about half the shitheads won't come unless we serve free booze, too. Shit! Do you know what that costs?"
This was the tone of our conversation that night when Guillermo and I went over to Oscar's pad for a beer and some talk about politics. The place was unnaturally quiet. No music, no grass, no bad-mouth bato loco types hunkered down on the pallets in the front room. It was the first time I'd seen the place when it didn't look like a staging area for some kind of hellish confrontation that might erupt at any moment.
But tonight it was deadly quiet. The only interruption was a sudden pounding on the door and voices shouting: "Hey, man, open up. I got some brothers with me!" Rudy hurried to the door and peered out through the tiny eyewindow. Then he stepped back and shook his head emphatically. "It's some guys from the project," he told Oscar. "I know them but they're all fucked up."
"God damn it," Acosta muttered. "That's the last thine I need tonight. Get rid of them. Tell them I have to be in court tomorrow. Jesus! I have to get some sleep!"
Rudy and Frank went outside to deal with the brothers. Oscar and Guillermo went back to politics -- while I listened, sensing a down hill drift on all fronts. Nothing was going right. The jury was still out on Corky's case, but Acosta was not optimistic. He was also expecting a decision on his Grand Jury challenge in the "Biltmore Six" case. "We'll probably lose that one, too," he said. "The bastards think they have us on the run now; they think we're demoralized -- so they'll keep the pressure on, keep pushing." He shrugged. "And maybe they're right. Shit. I'm tired of arguing with them. How long do they expect me to keep coming down to their goddamn courthouse and begging for justice? I'm tired of that shit. We're all tired." He shook his head slowly then ripped the poptop out of a Budweiser that Rudy brought in from the kitchen. "This legal bullshit ain't makin' it," he went on. "The way it looks now, I think we're just about finished with that game. You know at the noon recess today I had to keep a bunch of these goddamn batos locos from stomping the D.A. Christ! That would fuck me for good. They'll send me to the goddamn pen for hiring thugs to assault the prosecutor!" He shook his head again. "Frankly, I think the whole thing is out of control. God only knows where it's heading, but I know it's going to be heavy, I think maybe the real shit is about to come down."
There was no need to ask what he meant by "heavy shit." The barrio is already plagued by sporadic fire-bombings, explosions, shootings and minor violence of all kinds. But the cops see nothing "political" in these incidents. Just before I left town I talked on the phone with a lieutenant at the East L.A. sheriff's office. He was anxious to assure me that the area was totally pacified. "You have to remember," he said, "that this has always been a high-crime area. We have a lot of trouble with teen-age gangs, and it's getting worse. Now they're all running around wit
h .22 rifles and handguns, looking for fights with each other. I guess you could say they're sort of like the Blackstone Rangers in Chicago, except that our gangs are younger."
"But they're not into politics like the black gangs in Chicago?" I asked.
"Are you kidding?" he replied. "The only political thing the Blackstone Rangers ever did was con somebody out of a federal grant for a lot of money."
I asked him about some of the stories I'd heard about bombings, etc. But he quickly dismissed them as rumors. Then, during the next half hour of random talking about things that had happened in the past few weeks, he mentioned one dynamiting and a building burned down at East Los Angeles College, and also the firebombing of a local vendido politician's real estate office. "But they hit the wrong guy," the Lt. said with a chuckle. "They bombed another realtor who happened to have the same name as the guy they were after."
"Que malo," I mumbled, lapsing into my own dialect. "But aside from all that, you people don't see real trouble brewing? What about these rallies that keep turning into riots?"
"It's always the same bunch of troublemakers," he explained. "They take a crowd that's gathered for other reasons, and then they subvert it."
"But that last rally was called to protest police brutality," I said. "And then it turned into a riot. I saw the films -- 50 or 60 police cars lined up bumper to bumper on Whittier Boulevard, deputies firing shotguns into the crowd. . ."
"That was necessary," he replied. "That mob was out of control. They attacked us."
"I know," I said.
"And let me tell you something else," he went on. "That rally wasn't really about 'police brutality.' The guy who organized it, Rosalio Munoz, told me he was just using that slogan to get people out to the park."