Ignored 911 Call Turns Fatal In Berkeley; Police Busy With Occupy Protest

BERKELEY (KCBS) — Berkeley Police acknowledge they didn’t immediately respond to a call in the hills that would eventually result in a homicide this past Saturday.

Officers were preparing for an Occupy protest headed to UC Berkeley from Oakland and said it didn’t appear to be an emergency.

Neighbors in the area of Grizzly Peak Blvd. and Park Gate Road said that the police response to the call was slow.

KCBS’ Bob Melrose Reports:

Police issued a statement Monday night that said the initial call was for trespassing and that because on-duty officers were being reconfigured for the protest; only emergency calls were to be handled.

Police said they did immediately responded to a 911 call about an assault in the same area that came later that evening, but it was too late.

Peter Cukor, 67, had been beaten to death with a flower pot. The suspect, 23-year-old Daniel Dewitt, was taken into custody and will be arraigned on Wednesday.

His mother Candy said it’s a tragedy.

“Our hearts go out to the other family. It breaks my heart. We’ve all lost in this,” she said.

Dewitt was a football player at Alameda High School and his father was the first African-American City Councilman in the Island City.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

  • AA

    Of late, Berkeley law enforcement has had its priorities mixed up.
    Apart from the overzealous traffic cops harassing unsuspecting motorists at every corner, the police has turned both clueless and corrupt, pursuing young people on behalf of wealthy, establishment friendly people more than their fair share.
    We need to review their policies and operating procedures to ensure that Berkeley cops continue to serve the community rather than threatening it.

    • Thomas Jefferson

      AA – No, you idiot, we don’t need to “investigate” police. We NEED — to arrest these morons who are “occupying” cities all around the nation, and lock them up for disturbing the peace; blocking traffic and daily commerce; urinating and defecating in public; breaking into and looting businesses; and for generally being too damned stupid to be allowed to populate the Earth!
      This is a PERFECT example of what happens when the police are unable to respond to legitimate calls for help when they’re too busy dealing with a bunch of Jack – A **es!

    • concerned local reader

      Sadly, that victims mistake was going back outside to confront the trespasser a 2nd time, after he already confronted the trespasser once then went indoors to call cops on his landline.

      A long of the second-guessing is coming from people who are totally ignorant of the narrow winding hills streets that lead up to the victim’s home. Those streets are even more slow to navigate when it’s dark at night as that crime was.

      Even if the cops had been allowed to answer that first non-emergency call for help with a trespasser, there’s just no way Berkeley cops could have traveled from the Berkeley flatlands up to that distant hills home in less than 5-10 minutes.

      All things equal, it would NOT have saved the life of that homeowner who, for unknown reason, chose to go back outside. Other reports suggest he got attacked and killed within 1 minute of leaving the indoors safety of his own home.

      • Cheryl

        So, it is the victim’s fault that he was killed–because “for unknown reason, chose to go back outside”. You mean, he was killed because he exercised his freedom to exit his dwelling and access his yard? Unbelievable.
        Equally unbelievable is the comment from Candy, the perp’s mother. “We all lost in this”? The child she raised trespassed on another’s property, refused to correctly respond to the first warning (w/o police involvement), continued in his unlawful behavior and escalated to murder when confronted a second time. IMO, she and her husband helped create this situation. They could have prevented their “loss” by properly managing their child before this tragedy. I get that some children make incredibly poor choices despite their parents’ best efforts but for a first offense in such a young person to have escalated to a brutal murder in a matter of minutes suggests that the child had a history of issues that had not been appropriately addressed.

      • me

        Time for your evening meds, EH.

      • Vicky Bevis

        How do you know that the police didn’t have a roving car somewhere in the area much closer they could ahve called?

      • EH

        Nice work, Chief.

    • badpenny

      Clueless and Corrupt? Sounds like every liberal area! Ya get what you ask for!

    • John

      Does the word “selfish” mean anything to you?
      The goal of your movement is to disturb the peace… .correct? I mean, you can’t get noticed if you’re just sitting there, quietly, doing nothing?
      If you were, then there would be no difference between you and any other semi-homeless person. But that’s not you. You literally wouldn’t be heard if you and your friends didn’t bang drums, block traffic, and get in other people’s way.

      Which is the problem.
      Once you do so, you are officially a public nuisance. Don’t get me wrong. I understand that you don’t THINK that you’re being a public nuisance. You think that you’re just “challenging the 1%”. Who, apparently, is everyone who isn’t dancing, juggling, and occasionally breaking windows with you.
      Thus, the police have to protect everyone who isn’t you, from you. Because when you guys reach critical mass, you will do anything to get noticed. That’s why the police are there. Its not because you’re reading Rules For Radicals out loud. Its because you’re being a pain in the ass to everyone who isn’t you.
      Its the very definition of selfish.

      • someone else

        @YouDude60, aw, don’t be so harsh! The over-indulgent parents of Occupy Oakland’s perpetual college students, unemployed anarchist hobos, and other loudmouth provocateurs, only keep giving ’em enough $$$ to travel up & down the west coast (thereby helping to enrich the big 1% gasoline corporations with their current anti-1% socializing). But not enough $$$ to get to the east coast and back. Bummer. I’d help pitch in, if only I could be sure it would be a 1-way-only trip.

      • George Johnson

        @YouDude60,NO! YOu MAY NOT ADD THAT because it’s a LIE!

        If ANYbody cause cany economic problems out there, it’s the DIMOCRAT party!!

        Out of control spending, vote buying, paybacks to friends, unions and donors….

        That whole stupid “99%/1%” is just BS from the radical marxist/communist organizers of that whole protest. You’re being USED (or you believe that nonsense) and you don’t even know it.

      • Mike




      • YouDude60

        well said.

        May i add the 1% that has caused our economic problems can be found in Washington DC., not in Oakland CA. Occupy folks should protest there.

    • yobaby

      I don’t remember the Tea Party ever placing such a drain on Llaw Enforcement that they could not tend to the needs of the community. These types of stories is all you need to know about the selfish nature and misguided message of the Ocuppy Idiots!!!!

      • akw

        Tea Parties always apply for the proper permits for rallies and protests, and pay the associated fees for necessary security. That’s the way it’s supposed to work; the cities can then plan in advance and have the funding to pay for it. Occupiers think they shouldn’t have to follow the rules, and since most cities allowed them to set that precedent from the beginning, taxpayers have have to fork over hundred of millions of dollars and deal with tragedies like this!!

      • dave

        Yeah, but the armed cops around the capital in DC acted like we were the Viet Cong. The easiest job for DC cops are the days the tea party comes to town

      • Jeff

        Occupiers in DC may as well be Vietcong… both groups are communist in nature….

    • Bob Bailey

      well if you idiots do what we just did last week was to pass a law you have to get a permit and is only good from 7:00 am to 6:00 pm no overnight camping after 6:00 pm your tresspassing that frees the police to do there jobs but you want to act lise a bunch of idiots out there and yes the permits are 25.00 if they cant afford that then they need to get off their lazy a–es and go to work

      • deshon bradley

        im sorry i have to reply to brutally honest about minorities, you are a complete fool, idiots cross racial lines, im from a white city of lima ohio in the midwest, i have whites here brutally raping kids, the body of a missing ohio girl turned up in a white male rapists home, ive read reports of a white european man who killed a toddler because he was playing a video game and the toddler was crying.another white male brutally beat an 11 year old for not doing chores. idiots cross racial bounds criminals are white, black, yellow, and green. if there were no black people on earth then white people will be committing crimes, the Nazis committed great crimes and i believe they were white. the reason you say blacks do all of this badness, is because thats the majority of the crime reports that we read about. I am objective and I look at a number of news sites, and crimes are comitted by all races, sexes, etc..

      • Marbran

        Brutally Honest, there really isn’t any rebuttal to what you have posted. Everything you’ve stated is true and easily backed up with facts.

      • Ed

        Occupy Patriots?…
        Thanks for the laugh! I’ll be chuckling over this all day….

        Occupy Patriots!!!! LMAO!!

      • Nemrodh

        so much for freedom of assemble..

      • mikesvoice

        nemrodh, freedom of assembly does not provide for trespassing on private or public property at one’s will….also that “freedom” does not allow those expressing that “freedom” to infringe on someone else’s “freedom”…there are responsibilities that the OWS crowd chooses to ignore when it comes to the “rights” of others!!!

      • GRIZZ MANN

        Nimrod was a great hunter, not an Elmer Fudd.

      • mikesvoice

        Are you implying we should all “lock & load” and go hunting????

      • GRIZZ MANN

        Nimrod,the grandson of Ham, did not use a gun. Lock and load refers to flintlocks, etc. The reason is so you do not discharge while loading your weapon.

      • mikesvoice

        “Lock & Load” is currently used in the US Military as well…not only did/does it apply to flintlocks but modern weapons as well…the question is still relevant, were you implying we should all go hunting?

      • GRIZZ MANN

        Of course, always search for TRUTH.

      • Wastrel

        Nicely said, Bob, but not really relevant. When you protest the rules, you don’t follow the rules. Viva Occupy!

    • Bob

      So let’s not blame the Occupy idiots for taking valuable police manpower away from real emergencies.

      • Bud

        “Which occupy patriots are acting like idiots?”

        Occupy patriots. Haaaaaahahahahahahahahahahaaaaaaaagh

      • Jim Strathmeyer

        Which occupy patriots are acting like idiots? The police and government are the only idiots in this situation.

      • 99%er

        “occupy patriots” Right on brother… there are still people in this country that believe in freedom and liberty ( not “Bud” or “AngryAmerican” or “LaVonte d’Ashawn Jackson IV” ) <— These people would love to live in a stazi style total control police state, they welcome it.

      • LaVonte d'Ashawn Jackson IV

        “Occupy Patriot” …Shut up stupid.

      • AngryAmerican

        Lol- he said, ” Occupy Patriots”.
        Another leftist moron.

      • Ed

        Occupy Patriots?….ROTFLMAO!
        I just got a vision of Patrick Henry pooping on a police car!!!

        Occupy Patriots? ROTFLMAO….

      • bob's cousin

        That’s because it’s the morally correct thing to do. What emergency pulled the police to the Occupy protest? Any?

      • EH

        Due to the quick thinking and smart strategizing of the Berkeley Police Department, a group of people were observed standing around.

    • Russ

      Berkeley everybody has EVERYTHING mixed up.
      Remember, when seconds count, the police are minutes away… my 12 gauge semi automatic shotgun is a heck of a lot closer. But wait, I’m in Indiana, so I would HAVE a shotgun.

      Maybe they could have flung granola at the perps.

    • Russ

      They have laws against guns, don’t they? Why not have some laws against murder too? Won”t that fix things? Check with Pelosi.

  • arthur

    tell me I am posting a comment to fast then eat my shorts.

    • Joe Cool

      You don’t need to post a comment to fast; you can fast for Lent. (But I think eating shorts goes against the spirit of the fast.)

    • john collins

      Right on time

  • cwf

    The “occupy” protestors are mainly homeless people who have nothing else to do. It’s sad for the family of the man who died. They relied on the police to help them, while the police were busy watching the “bums”. If the homeowner had been smart, he would have either stayed in his house or taken a weapon outside when he went to confront the intruder.

    • NavyAntiSubVet

      Homeless? You are kidding, right. I live right outside DC and went to see the occupiers at McPherson Square. A bunch of juveniles camping out, doing drugs, peeing on the sidewalk and complaining that the police were too rough on them. In VA, if a turd like this came up to my house, I’d walk out with my Glock 22 strapped on, we can carry openly here like the Constitution requires us to do, and if the turd came at me, he would be peeing in his pants with that .40 caliber stuck in his face!

    • maryJo

      “taken a weapon outside when he went to confront the intruder”

      reminds me of a saying: a liberal is a conservative who hasn’t been mugged yet. perhaps this unfortunate Berkeley resident was a liberal?

      • Richard

        Been mugged; talked my way out; still a social anarchist by creed. Keep generalizing, it’ll get you places.

      • crazyworld

        Actually, Mary Jo, you would think that little idiom would be true, but from personal expereince with my in-laws, who are about as liberal people can be. They invite their “intellectual neightbors” (professors at colleges, mainly) to all family dinners. One the their daughters is now a lawyer, choosing to live in Memphis, TN (long way from home0 & work defense work. SHE was mugged at gunpoint and STILL was taking up for the guy, talking about his “victimhood” that made him do it. Well, at least she walks the walk, but it blew me away!!!

    • Mitch

      I hope the same happens to you.

      • badpenny

        If it does, I’m sure Mary-Jo will just shoot them instead of being a victim! Liberals love being the victim….do you guys get off on it? Is that what it is?

    • cynthia

      Please sstop blaming the victim. If the police were doing routine patrols this may not have happened.

      • Phill Collins

        I blame the criminal for being a criminal. I also blame the victim for being a victim, just like the occupier’s. Both will be a victim and remain victims just as long as they continue to think the government is the answer to their problems. The government is the problem and it needs to get out of they way of self preservation, self prosperity and self responsibility.

      • Attention to Details

        BOB MELROSE, Get you facts straight. No 911 call got “ignored” you sorry excuse for a news reporter. (Meanwhile other posters are quoting and reposting your lie on other message boards.)

        The victim phoned Berkeley’s NON-EMERGENCY phone number at 8:45pm, and spoke calmly when reporting a trespasser on his property.

        The first 911 Emergency call was at 9:02pm, by the victim’s wife, to urgently report an attack then in progress. That call was promptly answered within a minute.

      • Bob Bailey

        if the idiots would act like adults instead of like a bunch of idiots then the police could do their jobs instead of babysittin the stupid people

      • Rich in Cali

        So by driving around the police could have prevented a homicide. Cynthia, you have no idea how things work. Must be from Berkeley.

      • GRIZZ MANN

        Headline “Ignored 911 Call Turns Fatal In Berkeley; Police Busy With Occupy Protest” did not say driving around.Highlight ignore.

  • el vagabundo

    Welcome to the “Age of Incompetence.” In case you have’nt noticed, most public servants are more concerned with padding their pensions and overtime than serving the few of us out there who still abide the law. The Berkeley fuzz would rather babysit the misguided occupying morons and bust you for a license plate light than confront real criminals. Wouldn’t you? My brother was a community psychiatric tech. He would pick up the local nut cases and take them to the looney bin for the so-called “24 hour hold.” He was required to report his activities to the cops because the cops were too frightened to do the job themselves.

  • Really?

    Hmmm…rampant violence in Oakland, Alameda firefighters watch as a man drowns, and now Berkeley officials choose not to respond to 911 calls; think the East Bay is a place to be avoided.

    • for real

      Old Fart, ok, I’ll take a guess. Oregon’s booming meth industry?

      • .40 in AZ

        A little jealous are you. LOL

    • Joe Blow

      I think the state of Kalifornia is a place to be avoided.

      • Old Fart

        I was born in the East Bay 64 years ago. I just moved my faimly to Oregon out in the sticks. I will let you guess why.

      • Bob Bailey

        you must mean mexicali

  • Big G

    Yet if the man would have been armed the suspect would be dead instead. You cannot in this day & age depend on the Police force especially in the East Bay to protect you. Seems to me the next time a supervisor says we should elimnate our right to bear arms, we should slap him & then recall him!!! I smell lawsuit, get ready to pay out again taxpayers!!

    • Dave

      When seconds count, the police are only minutes away….

    • EvilBuddyP

      I carry a gun because a policeman is too heavy.

    • Diogenes

      Yes, but in California, especially this part of California, had he shot his assailant, he’d be going on trial for murder and they would be claiming he should have waited for the police to come and protect him.

      • george

        @Chuck: Clever phrase, but we’re talking California here. Land of the O.J. jury. Land of the Menendez bros. jury. Land of the Ninth Circuit Court of Appeals. The 12 who try you here could turn out to be your worst nightmare.

      • Chuck

        There’s an old saying. Better to be tried by twelve than carried by six.

  • http://emielfisher.wordpress.com/2012/02/21/ignored-911-call-turns-fatal-in-berkeley-police-busy-with-occupy-protest/ IGNORED 911 CALL TURNS FATAL IN BERKELEY; POLICE BUSY WITH OCCUPY PROTEST | Emiel Fisher's Security & Investigation Blog

    […] CLICK HERE FOR THE FULL STORY Share this:StumbleUponDiggRedditLike this:LikeBe the first to like this post. This entry was posted in Uncategorized. Bookmark the permalink. ← NATO APOLOGIZES FOR AFGHAN KORAN ‘BURNING’ […]

  • RB, Dallas, TX

    The Occupy Protest must have been an emergency since it took the whole damm police force.

  • MissouriJack

    Charge all protesters with murder.

    • Kamaria

      What kind of idiot do you have to be to not realize the responsibility lies on the police and police alone?

    • Tim

      @ Missouri Jack. You’re a moron. I guarantee you’re not from a city with more than 10,000 people in it in but fuk MI. Kill yourself.

    • GetReal

      Only if we can charge you with ignorance.

      • codeman

        get real. you would not know real if it fell out yo butt.

      • Usmokedrugs

        If anyone should be charged with ignorance It should be the OWS movement.

      • Chris

        He’s the one who’s ignorant? I think not!

  • Lazybum

    I can only hope the dead guy was an OWS supporter, because an odd justice would have been done.

    • Jim Strathmeyer

      Why, what are the odds that that are rich or a corrupt politician or police officer?

      • ella

        Well, it does say that the perp’s father was a city councilman… so the odds are pretty good.

  • Sean Foster

    Too bad the victim did not believe in the 2nd amendment, it would have meant one dead POS intruder, and would lessen our need for police who would rather square dance and drink horse urine with homeless anarchists.

  • mmm999

    Of course these pantie waist, steroid polluted, room temperature IQ low grade morons would rather beat up on unarmed kids then actually serve and protect. They’re degenerates.

    ——— http://911essentials.com

    • El Kabong

      So a liberal living in Berkley was eliminated……..Why should we care ?

      • Me again

        @GRIZZ MANN, wow, impressive. FYI the original quote said the word COMMUNIST where you subsituted the less offensive word SOCIALIST. Besides, Niemöller lived in Germany (not a democracy) and himself actually opposed communism.

        Thanks for for your display of irrelevant propaganda.

      • GRIZZ MANN

        Niemöller is perhaps best remembered for the quotation:
        True then, True now.

        First they came for the Socialists, and I did not speak out —
        Because I was not a Socialist.

        Then they came for the Trade Unionists, and I did not speak out —
        Because I was not a Trade Unionist.

        Then they came for the Jews, and I did not speak out —
        Because I was not a Jew.

        Then they came for me — and there was no one left to speak for me.

  • F. Mulder

    If I were the family of this poor guy–I would “sue” the hell out of The “Occupy” movement—since they have $600,000 in the bank in NYC—I would get a court order too “seize” & “Freeze” this account ASAP—-until My case came too court–nough said

    • Lou

      So…let’s say I J-walk and the police stop me to give me a ticket. Meanwhile, the police put a call by a woman afraid she’s being followed on hold because they have to give me the J walking ticket first. Meanwhile, the woman gets murdered by this stalker. So your logic says that the woman’s family should sue me because I J walked. This makes absolutely no sense and wouldn’t stand a chance in court.

      • george

        Your act of jaywalking did not rise to the level of massive civil disobedience requiring (we’re told) the time and attention of an entire municipal police force.

    • Jack Ryan

      Amen to that, Fox !! … and by the way, say hI to Scully for me, won’t you? :)

  • TerriC

    If this a husband yelling at the wife, as domestic violence, the cops would have been there. Call the cops for a guy, donuts are more important.

  • Chris

    Ah yes the people’s republic of Bezerkeley. Not surprising. I lived there in the 60s. From guys getting degrees in Magic from UCB to the Viet Nam protests…this city is sick. Occupy…Occupy what? A park? Go back to school and stop wasting your parent’s money on an education. You unemployed folks…go get a job! I’m part of your 99% but I work for a living and I’m forced to support you liberal losers.

    • EH

      Did you hear about that new breakfast deal at Huddle House?

  • HughGKnutts

    Deadbeat democrat OWS’ers. There’s a reason state parks have signs that say “Don’t feed the animals.”


    Sad result from ignored 911 call.
    This happens at all Tea Party events, Remember?

  • Boycott CA

    I love watching the California implosion.

  • Walter

    What happens when you ban guns from law abiding citizens…this type of event in my area reads…”Intruder shot dead, Sheriff thanks citizen for removing a piece of human debris and saving the taxpayer the cost of a trial.”

    • Joe Marquis

      100% correct…..Personally I would of used my 12 Gauge Shotgun and blown a hole right through any intruder that is going to do harm to my family or myself. Only criminals have guns now, law abiding citizens are being stripped of this lawful right everyday…..

  • Dale N

    sad story and tragic indeed.

    the majority of you commenters make me want to puke. misplaced anger,hysterical finger pointing, name calling. lumping huge numbers of innocents in with a tiny number of trash, the list is endless. ive heard more intelligent comments from 1st graders.

    • calhoun211

      I hope you move on to the second grade soon.

    • Lou

      Hear! Hear! It’s a sad state of affairs when most schools, especially public ones, don’t teach critical thinking anymore. It results in emotional statements based on group identity rather than reality. Both the “right” and “left” are guilty of this, I just wish that people would stop wishing for people’s deaths because they’re a member of the wrong “team”.

  • Joe Marquis

    Blaming the First Amendment is not the answer. How about the Police respond to a 911 call which is an actual emergency. I was born conservative and no matter if I disagree with this protest it doesn’t change the fact the Police did not respond and do there job. The family will settle out of court with the city mark my words…..

    • Lou

      Ah, here’s a little bit of logic!

  • j14401s

    The cities could easily get rid of the occupiers by charging them to get into a park, or wherever they are on public land. No money, no enter. Or, they could be put to work keeping the place cleaned up. Save the citiies a lot of money. Raise lots of money for the tills of the cities. Oh wait, I forgot, most of them are unemployed.


      That Dam Right Wing T Party is to Blame, ask Pelosi or VP Biden….

      • Anti Cop

        Definitely! If the Tea Party would have just brought their assault weapons and kill all the idiot OWS-ers, the cops could have meet in the local Dunckin’ Donuts for an hour before deciding to “save” the murder victim. Oh, that would have been too late to help. Oh well, just another day in a cop’s life….

      • GRIZZ MANN

        In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact.
        The OWS protesters are always in assault mode.

    • BlasterFudd357

      OWS wants to occupy a park …with a toll booth like in ‘Blazing Saddles’
      ..LOL It’ll be a while before I get that out of my head!
      Here in Utah you very seldom read storys like this…Prayers for the family!

      • NRA Life Member

        “Somebody’s gotta go back and get a sh|tload of dimes!”

  • Chris

    “The suspect, 23-year-old Daniel Dewitt, was taken into custody…”
    “Dewitt was a football player at Alameda High School…”

    Why is a 23 year-old playing high school football?

    • me

      Just shoddy reporting. Dewitt’s football playing was 6 years ago.

  • Malcom

    I guess it being a hate crime go ingnored again

    • calhoun211

      Drug much?

  • Pomona Pete

    I don’t understand any of this. I’m absolutely certain the police made a report, afterwards.

    • Ppfan

      That was the best comment yet pomona pete! Love it. Government at it’s best.

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