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Souza v. City of Antioch4/30/1997
tricia Marin, in the negotiations.
At around 8:30 a.m., the SWAT team arrived. Nicholas asked Schneider how many police were guarding the stairs. Joel interrupted this conversation to say that he could hear police in the living room over the house intercom talking and planning. Schneider told Conklin to silence the SWAT team because their presence was destroying the rapport he had built with Joel. Schneider told Joel that there were so many police only because they were changing shifts. Nicholas told Schneider Joel was afraid to come out because he thought they would shoot him. Schneider promised this would not happen, and offered to stand directly in front of Joel if he came out.
When a lull in the negotiations ensued, Schneider asked Conklin to have the electricity and water turned off, and the furnace turned on full. The day was already hot, and at 8:47 a.m., Joel told Schneider, "if you don't turn off the air I am going to fire a shot." Schneider warned him that if he fired, he would have "a SWAT team in his lap," but 15 minutes later, he had the heat turned off in exchange for Nicholas's promise that they would work something out.
At this time, roughly 9 a.m., Captain Edgar Keller took over command from Corporal Conklin. Keller was off duty when he was notified of the situation at 4745 Hunter Peak Court. He later explained that APD protocol required notification "to all command structures when there's a critical incident happening," and that "upon notification, it is in our election to respond."
By the time Keller arrived, the house had been cordoned off. By Keller's own account: "From 9:00 in the morning until the time the shots rang out, anything going into that house was under the control of the Antioch Police Department." Schneider met Captain Keller and another officer, Lieutenant Ponsiglione, outside. He briefed the captain on what had transpired so far. The three discussed setting a time limit on negotiations, but Schneider recommended against this. He explained that, "In most incidents, time was on our side; that we could wait, if necessary, until he fell asleep. We could talk to him for weeks or months." He added that he had established some trust with Joel and had discussed his surrender, but that Joel had said he was not ready to come out yet.
At 11:07 a.m., Schneider informed Joel that his mother was on the way. He urged him to surrender before she arrived. Joel replied that he was not ready. He added that he was still afraid the police would force entry, and Schneider promised for the fourth time that this would not happen. Joel responded that that was good because he was serious about this, and he would just wait by the door with a gun to his head.
Patricia Marin arrived, along with Joel's brother and sister. Police prevented Bill or Cynthia from entering the house. Keller told Marin that if they felt Bill or Cynthia was needed, they would call them. In the hours Joel's siblings were on the scene, Keller never spoke with either of them, or asked any of his officers to do so. Throughout the ordeal, they remained outside the house as Keller instructed.
Schneider asked Marin if she wanted to try talking with Joel. When she said yes, he told her that she would have to follow certain guidelines, which he explained. After "she agreed to these conditions," Schneider brought her inside the house. Marin urged Joel and the children to come out. Nicholas promised that he would. At one point, Schneider noticed, Joel unlatched the bedroom door, but he did not open it.
After Schneider had Marin escorted out, Joel told him that he was not ready to come out just yet. He asked what felony charges he would be fa
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