Arrests Are Down, and Crime Is Up 

First Oakland police stopped solving violent crimes. Then the city's crime rate spiraled out of control.

Armed robbers terrorized Oakland restaurants and small businesses in three separate crime sprees over the past year. The first wave targeted Asian eateries and struck during the 2007 holiday season. The second arrived last spring and was more indiscriminate. The third struck in July and August. All three made newspaper headlines and led television newscasts, shining a spotlight on the city's out-of-control crime problem and the Oakland Police Department's apparent inability to cope with it. In fact, the department's public response to the takeover robberies was both odd and illuminating.

The department's mantra for dealing with the city's crime spike has been: "We can't arrest our way out of this problem." Top brass has repeated this declaration in public meetings or whenever a reporter was within earshot, as if it were a common sense, widely accepted response to this sort of crisis. "Right now, it's pretty clear we are in a time of increased crime," said Deputy Police Chief Dave Kozicki, just before he summed up the department's official response to the Oakland City Council in April. "But the bottom line is we believe we cannot arrest our way out of these problems."

So instead of employing old-fashioned detective work to solve the restaurant robberies and arrest criminals, the department doubled down on a policing philosophy that it has employed repeatedly in recent years. It beefed up patrols and focused on so-called "hot spots." But this time it targeted the city's upscale shopping districts — and not the violent flatlands of West and East Oakland. It was an attempt at crime suppression, the security-guard approach to policing that the department successfully used to quell the sideshows several years ago. It's based on the premise that criminals are less likely to offend if they see a police car driving by. During the third crime spree, Mayor Ron Dellums even invited the Guardian Angels, a national vigilante group, to march around commercial districts in their red berets.

Yet the crime waves persisted, much like crime overall has remained at historically high levels in Oakland during the past three years. Then something interesting happened. Each crime wave abruptly ended when police arrested the perpetrators. It turned out that the department could arrest its way out of the problem after all. Each time police put the criminals behind bars, the takeover robberies stopped, the screaming headlines and breathless newscasts ended, and public fear faded away. People started patronizing restaurants again.

A closer look at the Oakland Police Department's response to the overall spike in violent crime that began three years ago reveals an agency with a policing philosophy that appears to have exacerbated the city's problems. An analysis of crime statistics by this newspaper reveals that Oakland's police department has the worst record in recent years among large cities statewide for solving violent crimes and homicides. In fact, Oakland's violent crime rate skyrocketed after the agency's ability to capture violent criminals fell off a cliff.

Oakland police once had a strong record for solving violent crimes and homicides, but during the three years since Police Chief Wayne Tucker took over the department it has solved less than one-quarter of the violent crimes and homicides in the city, according to figures from the state Department of Justice. The steep decline actually began under Tucker's predecessor Richard Word, and has worsened since 2005. And once the department's record for capturing criminals and putting them behind bars plummeted, the number of violent crimes citywide jumped sharply — 27 percent from 2005 through 2007 compared to the previous three years — far outpacing other large California cities.

Part of the problem is that Oakland's investigative unit is drastically understaffed. And the defeat last month of Measure NN — a parcel tax that would have paid for 180 new police personnel — will limit the department's ability to significantly expand its investigative staff anytime soon. But interviews and public records also show that there is much more to the department's crime-solving woes than a lack of investigators. Over the past few years, the Oakland Police Department has not made investigating crimes and capturing criminals a top priority — even as the city's crime rate soared to its highest level since the crack epidemic of the late 1980s and early '90s.


Oakland's homicide clearance rate — that is, the percentage of killings that the department solves — used to be impressive for a city with a lot of crime. From 1997 through 2000, it averaged 58 percent. But under Tucker, it has been abysmal. In 2005, his first year as police chief, the department solved only 12 of its 93 homicides, a clearance rate of just 13 percent. By comparison, the homicide clearance rates of other large California cities, such as Fresno, Long Beach, Sacramento, and San Francisco have remained fairly steady over the past decade.

From 2005 through 2007, the last year in which complete data is available, Oakland police only solved 86 homicides out of 357 total, or just 24 percent. In other words, since Tucker took command of the department, the perpetrators responsible for more than three-quarters of the killings in Oakland remain at large. "You want to get those folks off the street," said Franklin Zimring, a criminal justice professor at UC Berkeley's Boalt School of Law. "Twenty-four percent is very low."

By comparison, San Francisco has cleared 45 percent of its homicide cases in the past three years; Long Beach, 52 percent; Fresno, 67 percent; and Sacramento, 70 percent. The Express compared Oakland to those cities because they are the four closest in California in terms of population and demographics. The four cities also have similar homicide rates, although all are lower than Oakland's. We excluded Los Angeles, San Diego, and San Jose, the state's three most populous cities, because they're so much larger than Oakland and because both San Diego and San Jose have much lower violent crime rates.

Overall, the nationwide homicide clearance rate has hovered around 60 percent for many years. According to FBI uniform crime reporting rules, police agencies can't call a case "cleared" or solved unless they make an arrest and charges are filed. Exceptions include when a perpetrator dies before he's apprehended, a prime witness recants testimony after an arrest, or a suspect has fled the jurisdiction and cannot be extradited.

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I have a modest suggestion for an investigative article. Please research and write about what isn't screwed up in Oakland city government. I imagine the budget for such a long term assignment might be daunting, but the results (if any) might prove interesting.

Posted by Manuel DePiedra on December 2, 2008 at 9:25 PM | Report this comment

My thanks to Robert Gammon for exposing the popular fallacy about arresting our way out of crime. We suffer an official but secreted policy of passiveness regarding crime, due in great part to the recent historical linkage of urban crime to Black perpetrators. Fighting crime has wrongly been synonymous with fighting Black people; in politically correct Oakland, that has resulted in half-hearted efforts to fight crime lest more robust efforts be deemed racially oppressive. While some attorneys have made their fortune suing Oakland for enforcement allegedly gone awry, many politicians have made their careers by excusing away the victimizers and tying one or both of the cop's hands behind their back.

Whereas the Oakland Police Department is inherently likely to do as most police agencies will do and arrest criminals, the local politicians have imposed their theories and will in limiting the funding and political support for arrest and prosecution. The Failure of NN has given the same pols who were dragged kicking and screaming to publicly acknowledging that more police and funding are needed a fresh excuse for not providing the funds for that purpose. The truth still lurking beyond Mr. Gammon's light is that the budget has the money for cops and libraries but the passive-policing pols voted to spend the money on bloated bureacracy and favors they find more essential than public safety.

Posted by Pat McCullough on December 3, 2008 at 1:00 AM | Report this comment

A few years ago, my neighbor's car was stolen. The police didn't find it. I found it a few days later while out walking my dogs, and reported its whereabouts to my neighbor, who in turn called the cops. I was scandalized to learn that the police did not even dust the car for prints--it was full of partying evidence and other incriminating detritus, and it would have been pretty easy to eliminate my neighbor from the absolute fest of prints and DNA.

Had that crime been properly investigated, who knows how much other crime could have been forestalled by putting the perps away. But noooo... That gesture of contempt to the populace spoke volumes.

And as for the police union not wanting to give up Internal affairs slots to civilians so sworn officers can do their actual jobs of investigating crime... well, words fail me. Though SHAME! would be a start.

Posted by marye on December 3, 2008 at 10:14 AM | Report this comment

who would've thought!!

Posted by free2think on December 3, 2008 at 11:51 AM | Report this comment

Both of the above comments are correct, as far as they go. I would add that as far as the Police Dept. itself is concerned, the problems stem from the consent decree resultant from the "rider" case. This consent decree was put into place at exactly the point in time when the destruction of the OPD as an effective police force began. Coicidence? Hardly. This... travesty of an agreement has set the police up to fail. As told to me by an Oakland cop that I am aquainted with, "as far as most of us (police officers) are concerned, we won't make an arrest unless there is blood in the streets and we saw the crime commited". The reason for this is that under the terms of the consent decree, any person arrested is asked (encouraged?) if they wish to file a complaint against the arresting officer and is given a list of attorneys and pro bono groups who's stock in trade is suing the city of Oakland. These complaints, WHETHER PROVEN OR NOT are entered into the permanent record of the officer. These folks need promotions and raises like anyone else. Understand the attitude? If it isn't an absolute slam dunk, no officer will risk it. This consent decree has got to go. I urge the reporter to address this issue in a future piece. No one ever speaks of this issue, but it is of tantamount importance. Something that should be pointed out is that after multiple trials, not a single conviction resulted from the riders case. Thanks for your time.
Thomas D.

Posted by Thomas D on December 3, 2008 at 10:10 PM | Report this comment

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