Activist Journalist arrested in Oaksterdam raid to be arraigned

July 10, 2012 | Sabrina Jacobs
On April 2, 2012 Jose Alacran Gutierrez was among the throng of protesters and journalists that captured the federal raid on Richard Lee’s Oaksterdam University and Coffee Shop Blue Sky. A veteran Bay Area beat reporter for Pacifica Radio - KPFA’s La Onda Bajita and the nationally syndicated Flashpoints shows, as well as a longtime medical cannabis activist, Mr. Gutierrez was caught up in the raid as it unfolded outside Coffee Shop Blue Sky and brutally arrested by federal agent. He was charges with one federal felony count of forcible assault on a federal officer. He could be facing up to 8 years in prison.

Over the last decade, hundreds of raids have been conducted where local law enforcement has been used for crowd control, which makes the use of Drug Enforcement Agency (DEA), The Internal Revenue Service (IRS) and The United States Marshals in the April 2nd raid, an unusual show of force on the part of the federal government.

Suspicious Arrest

In addition to their aggressive crowd control tactics, the federal agents busted a window of the premises scattering glass and pushing the activists away from the main door. From the Live Stream there is clear audio and video of activists and spectators identifying which officers started the altercations. The jostling of cameras, phones, and equipment can be heard and seen as federal agents’ renter Coffee Shop Blue Sky. In a matter of seconds, Mr. Gutierrez is being accosted and held down on the ground by at least five federal agents. A shameless expression of pride and shock on his face, as he is lead to the patrol car that activists have blocked with their bodies. Others banged on the car windows after they shove him in, chanting and screaming, “Let him go! Let him go!!!”

This went on relentlessly as federal agents escorted the unmarked car down the street. Oaklanders watched and recorded the incident in appalling disbelief at the overwhelming act of aggression by the federal agents. The Oscar Grant Case, which originated in Oakland, taught its residents to pull out their cameras when witnessing police aggression. Since there were many witnesses (with recording capability ) to Mr. Gutierrez’s incident most of them have video or still footage leading his defense team to ask the public to post on YouTube in order for the whole truth to be told and the charges dropped. From this footage, it is obvious to the viewer that Mr. Gutierrez suffered injuries that sent him to the hospital due to the five or so agents rushing to subdue his alleged assault.

Out of the three arrests made that day, only Jose Gutierrez was taken into Federal custody. Two activists that were arrested by Oakland Police during the Oaksterdam Raid were released and the Alameda County District Attorney’s office filed no charges.

Blurred Lines of Activism versus Journalism

For over twenty years, Jose Alacran Gutierrez has been a leftist leaning political radio correspondent giving a voice to the Chicano and cannabis communities. In regards to sensitive controversial issues like the legalization of medical cannabis, Pacifica Radio reporters and programmers are given an opportunity like no other in journalism, to actively participate in the causes, organizations, and struggles of the communities they represent. These stories usually fall outside the corporate media model. By following the stories from the Humboldt Hills to East Oakland where houses and beyond staying on the beat of the cannabis legalization movement, Jose Alacran Gutierrez has been a catalyst for the dissemination of vital information to these communities.

We must remember, throughout history oppressive governments have used beatings and arrests to suppress the will of the people. Ghandi was beaten and arrested. Malcolm X was beaten and arrested. Martin Luther King was beaten and arrested. More people are going to be beaten and arrested, but how many more will be marginalized? When members of the Department of Justice are taking these extreme actions, like aggressively subduing journalists, closing educational facilities like Oaksterdam, and raiding permitted dispensaries, someone has to ask, when will enough be enough? These are important questions that need to be answered not only by the people that have the power to conduct these raids and stop them, but also by those of us who have the power to speak out against blatant injustices that are happening on a regular basis in the medicinal cannabis community and beyond.

Show support in federal court

Jose will be back in Federal Court on July 13th, 2012 at 9:30am, 1301 Clay Street in Oakland, 3rd Floor, Room 4. His case will be heard once again by Judge Donna Ryu. Court support is appreciated; bring valid identification, and do not bring anything you that you would not want x-rayed or otherwise examined by federal police.

Sabrina Jacobs is a journalist.
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