GUILTY AS CHARGED…On Thursday, September 23, 2010 in Department 27 in a California Superior Court, following a five-week trial, a San Francisco jury convicted Steven Pitrilli of first-degree murder for killing Officer Nick-Tomasito Birco. Officer Birco #612, a very proud and honored former United States Marine was on street patrol during the early morning hours of July 26, 2006 in the Bayview Police District keeping the streets safe for residents of the neighborhood. On the late night of July 25th and early morning hours of July 26th, Steven Petrilli and two other thugs and creeps committed a rampage of violent robberies in the city. At one point a police pursuit was initiated as Pitrilli, driving a stolen van, drove recklessly through some twenty stop signs before plowing the vehicle into officer Birco’s stationary patrol car at an approximated 54 miles an hour. The impact of the two vehicles caused the patrol car to be pushed across the intersection of Cambridge and Felton streets and into a telephone pole, which was severed in two. Officer Birco was killed as a result of the crash.
The jury in this case also convicted Pitrilli on conspiracy to commit robbery, four counts of robbery, felony evading the police and gross vehicular manslaughter. Pitrilli who was on felony probation had a noted history for evading the police.
The two other defendants in this case, Carl Lather and Nicholas Smith are awaiting their murder trials. Pitrilli’s wife who was also in the van at the time of the killing was not charged in the matter.
The jury was found to be very empathetic towards the Birco family, as Pitrilli never appeared to show remorse for his felonious actions that caused the death of the Birco family’s son and brother. Quite to the contrary. During the trial, Assistant District Attorney Fleming played an audio clip for the jurors of a telephone conversation between Pitrilli and his wife during which they laughed and joked about the chase.
Immediately after the verdict had been read, Pitrilli’s defense attorney, Lisa Dewberry, requested that each jury member be poled as to each count. Over the course of the next several minutes the jurors affirmed their “Yes” verdict one hundred and twenty times. Pitrilli sat at the defendant’s table with his face buried in his hands as the jurors responded.
The verdict as imagined was very welcomed by the Birco family as well as members of the San Francisco Police Department and certainly by this association of which Nick was a proud member. As a result of his courageous actions to stop a fleeing violent felon, Officer Nick-Tomsito Birco posthumously received the first San Francisco Police Officers’ Association Medal of Honor. The medal was presented to Mr. and Mrs. Birco and their family on the same day that Nick-Tomaito’s name was sadly unveiled upon the Hall of Justice “Wall of Honor.” That hallowed wall recognizes every San Francisco Police Officer who has been killed or died in the line-of-duty.
The Department and this association owe a great debt of gratitude to Assistant District Attorney Eric Fleming for his unwavering dedication to this case. Well done, Mr. Fleming!
A.D.A. Fleming and his team are to be congratulated for their outstanding and resolute efforts to bring justice to Nick-Tomasito, his family, the police officer’s of this city and the citizen’s of San Francisco as well as the people of this state.
A.D.A. Fleming overcame tremendous obstacles to see this case through to its rightful end. Pitrilli’s defense attorney, the aforementioned Lisa Dewberry, argued before the court that her client had mental and behavioral problems and had been manipulated into his “behavior” on the night in question. Even more ridiculous and disturbing was the argument that Nick-Tomasito had a history of heart problems and was obese…what crap!
Eric, you have our deepest admiration and our respect. I have written of Eric and his outstanding work in the past as it was Eric who a few years back successfully prosecuted the “lovely and talented” Victoria Green who was accused and convicted of dousing several police officers from the Baview District with bleach to their eyes as they attempted to take her violent son into custody.
I would also like to thank all the Inspectors and officers who helped put this very compelling case together and who during the course of the trial testified to its rightful outcome. I know the Birco family and every member of this department and association is very appreciative of your outstanding efforts.
A very special; “tip of the hat” to retired S.F.P.D. Inspector Mike Mahoney who testified as an expert witness in this case and to Officer Monty Singleton of Bayview Station who reminded us all that in court as well as in other places and circumstances, “Don’t ask a question unless you already know the answer”. Great work, Monty!
I would also like to commend and thank the jury for your unanimous verdict. It took four very long years for this case to go to trial, over one month for the case to be presented in court, but incredibly only less than two days for the jury to deliberate and reach its verdict. In many ways, this jury has reaffirmed the faith of many law enforcement officers in general -- and San Francisco Police Officers in particular -- in the judicial system. I thank each and every one of you from my heart.
Steven Petrilli who most likely is facing a sentence of “life without possibility of parole” will return to court on October 22, 2010 for sentencing.
BLOOD DRIVE…On Thursday, September 2, 2010 the San Francisco Police Officers’ Association held a blood drive for Officer Todd Young of the Fremont Police Department who was shot and critically injured in Oakland while attempting to serve an arrest warrant on some subhuman parasite who was later taken into custody by American law enforcement officers near the Mexican Border…The blood drive which was conducted by the Blood Centers of the Pacific (formerly the Irwin Memorial Blood Bank) was a huge success. The blood center was hoping to collect 29 pints of blood but instead received 46. That far exceeded their expectations.
I would like to thank each and every person who responded to this most worthwhile event for such a necessary cause and who gave the gift of life. Although many of our own members responded to the call, there were also many Deputy Sheriffs and civilians who took the time to donate.
I would like to especially thank all the wonderful folks from the Blood Centers of the Pacific who made this such a stellar event. Starting with Christina Mihalas, the Field Supervisor who in no time at all was able to coordinate the event and assemble such a great group, I would like to personally thank Natalia Hellems; Diane Lai; Alana Tupasi; Jeri Pierson; Lena Levina; Diana Lawson; Tiffany Veth; Ria Doerfler; Jescinta Davis and the “Great” Fidel Diaz who has the great fortune to be surrounded by such lovely women each and every day. You guys are the best!
A special “tip of the cap” to Captain Terry Barrett, formerly of Park Station and currently of the Academy, who came up with the great idea and got the ball rolling.
The Police Officers’ Association will be holding another regularly scheduled Blood Drive on Wednesday, October 6, 2010 at the “New” POA Building located at the corner of 6th Street and Bryant. (The blood drive used to be held at the “old” building on 7th street.) The blood drive will start at 10:00 AM and continue until 8:00 PM. Blood Centers of the Pacific will be on site. Recently retired members Deborah Braden and Mark Hawthorne -- neither one a stranger to the blood drive efforts of the POA -- will also be on board to coordinate our efforts.
Please consider coming to the POA on Wednesday, October 6, 2010, donating blood and giving the gift of life…Find the hero in you, give blood!
Lunch, food, drinks and snacks will be provided…thanks so very much in advance for your kindness and generosity.
VISION…
Once again by popular demand, the POA has invited the Pacific Vision Institute to screen our members. On Tuesday, October 12, 2010 from 10:00 AM until 8:00 PM, members of the Pacific Vision Institute will offer POA members and their family a free “ALL LASER LASIK” prescreening and consultation. This has proven to be a very popular and successful event in the past, and many of our members have taken advantage of the great services provided by the institute. Learn about what’s new at the Pacific Vision Institute. New ultra-fast Lasik lasers; New Lasik screening technology; new implantable Contact Lenses; Options for seeing better without reading glasses. Enjoy a POA Corporate discount and a free lunch. Look for an adjoining article in this issue of The POA Journal…watch for the bulletin and we hope to see you here…mark your calendar.
NO ON Prop “B!” IT’S BAD MEDICINE…
The POA is encouraging all its members to get behind the fight to defeat Proposition “B,” better and bitterly known as The Adachi Amendment. If this becomes law, it will prove to be the most devastating blow to our members in many, many years. This is a measure that will affect all city employees except somehow, the Pubic Defender himself, Jeff Adachi. If passed into law, our members’ retirement contributions will be increased by 1½ %, and our healthcare costs will quite frankly, go through the roof. The “out of pocket” costs to our members could go as high as $700 per month. The POA has and will continue to do our part financially to defeat this proposition, but it will take so much more than money. We need to mobilize and spread the word to our family, friends and neighbors. We need to walk neighborhood precincts and post door hangers explaining our side of the issue. We need to make our collective voices heard, not just cops, firefighters, and sheriffs, but as dedicated city workers.
The POA held its first Precinct Walk on September 18th. We had twenty-five members show up to do their part. It was a fair start, but we need more, many more. The next Precinct Walk will be Saturday, October 2, 2010 from 0800 until 1000 hours. Please meet at the “old” POA Building at 510 7th Street to receive door hangers and a neighborhood precinct map. The entire effort should take less than two hours. We will be conducting these precinct walks up until the day of the election, which is November 2. We are running behind in the polls and we need to do a lot of work to make up ground and hopefully forge ahead. Victory is critical. Please do your part in this most important effort. We will have no one but ourselves to blame if we don’t make a valiant and concerted effort to defeat Proposition ”B.”
Ethics Checkpoint…
Some very disturbing reports from the field have surfaced lately regarding some very peculiar circumstances. Wallets or pocketbooks containing money and property have been handed to police officers on the street by “citizens” claiming to have found them. Officers involved and or aware of such incidents have found the “citizens” behavior to be curious and not consistent with that of an ordinary citizen turning found property over to an officer. Training and experience have taught us that a great majority of citizens in a similar circumstance will most often stay with the officer long enough to give a statement and information for a report to be generated. They also tend to remain long enough to go over the contents within the found wallet or pocketbook. In these reported cases, the “citizen” will approach the officer and haphazardly hand over the property and quickly walk away without any further contact or explanation.
I and several veteran police officers I’ve spoken to about this matter are aware of similar practices conducted by entities within a particular police department or law enforcement agency when there seems to be a personnel problem or issue with honesty and/or integrity. I do not or will not believe for one moment that our members falter when it comes to matters such as this. Our members have been trained and are absolutely experienced in knowing and practicing what policies and procedures must be followed in such cases or incidents. I don’t know if these are just isolated incidents or a concerted experimental effort on the part of others to challenge our members, but I dare say we are clearly up to anybody’s scrutiny. Enough said…
UCSF Visit…
The next POA hospital visit will take place on Wednesday, October 13, 2010 from 1300 to 1500 hours (12:00 – 3 pm) and from 1800-2000 hours (6:00 – 8pm). Please consider spending a couple of hours with some very special and extraordinary young children and teens. Your visit can mean so much to so many people…yourself included. A visit such as this can really put matters into perspective!!! Please contact me as soon as possible at the POA, 415-861-5060 and sign up for this month’s visit. Thanks in advance for your kindness and consideration.
This month’s article is dedicated to the memory of Nick-Tomasito Birco who after four long years can look down upon us from the heavens knowing that his death was not in vain. That his noble efforts as a man and as a warrior both as a United States Marine and as a San Francisco Police Officer have been recognized and honored. That his family can go on a little bit easier knowing that justice has been served. That his friends and colleagues know the value and worth of Nick-Tomasito’s life has been reaffirmed and restored to its proper standing. That the verdict of the jury has restored our faith in a criminal justice system that we find all to often unfair and compromising. That the District Attorney’s Office has outstanding people like Eric Fleming that are very competent, compassionate and unfaltering in their quest for justice and not revenge…God Bless you all and stay safe…
Go Yankees!…Go Giants!
