Attorneys of 2022 SJ police shooting victim call for hate crime charges amid racist text messages

ByCornell Barnard KGO logo
Tuesday, November 7, 2023
SJPD shooting victim breaks silence on officer's racist texts
The victim of the 2022 San Jose police shooting broke his silence on Sunday amid the newly revealed racist text messages by the officer who shot him.

OAKLAND, Calif. (KGO) -- We're learning more about a growing controversy involving racist texts sent by a now former San Jose police officer. The offensive texts were sent in the wake the shooting of a Black man last spring.

Now the same Black man at the center of the texting controversy spoke out with his attorneys on Sunday.

"It hurts and scares me, knowing how much hate a person could have in their heart," said 22-year-old K'Auan Green.

Green reacting to the newly revealed racist texts sent by the former San Jose police officer who shot him last spring outside La Victoria Taqueria, where Green says he disarmed someone involved in a fight.

VIDEO: 'I hate black people': SJ officer no longer with dept. after exchanging racists texts, chief says

San Jose Police Chief Anthony Mata confirmed Friday that ofc. Mark McNamara is no longer employed by SJPD after he allegedly sent racist texts.

"I feel like the hero of the situation that took place on March 27," Green said.

Officer Mark McNamara shot Green as he was backing out of the restaurant with the confiscated gun.

In a newly surfaced text dated the day after the shooting, McNamara wrote to fellow officers.

"'N**** wanted to carry a gun in the Wild, Wild West. Not on my watch,'" read civil rights attorney Adante Pointer.

RELATED: San Jose officer shoots 20-year-old college athlete who disarmed suspect inside taqueria, police say

A San Jose officer is on administrative leave after shooting 20-year-old Kaun Green, who disarmed a gunman inside at La Victoria Taqueria.

The shooting sent Green to the hospital, where he faced a long recovery. He was forced to take a break from his football career at Contra Costa College. His attorney, Pointer, says the racist texts are the final insult.

"These were disgusting text messages -- vile text messages," Pointer said.

In some of the texts, McNamara said: "I'm pretty sure the district attorney would have charged me if I used excessive force, but she didn't, because I didn't use excessive force, I'll shoot you too."

McNamara said of Green's legal team, texting: "They should all be bowing to me and bringing me gifts, otherwise he would have lived a life of poverty and crime."

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In another text writing that he hates Black people.

McNamara resigned from the SJPD last week after texts surfaced.

Lawyers are demanding McNamara be charged criminally with a hate crime and be decertified as a police officer.

"California's police officer's association needs to decertify McNamara so he can never bring his racist thoughts to bear in the community again," Pointer said.

MORE: Civil rights investigation launched into Antioch PD for alleged racist texts, excessive force

"I never thought somebody would have that much hatred in their heart that they'd want to kill because of what I look like," Green said.

San Jose Mayor Matt Mahan says his city has a zero tolerance for racial bias.

"We are not going to tolerate racism. We are going to continue working hard every day to build a culture of the utmost respect and professionalism in our community," Mahan said.

Green says he's moving forward, hoping to achieve his dream in football.

"I Hope to play in the NFL," he said.

Expert details how SJPD officer's racist texts will impact case

"The way he responded in a text messages and other avenues was really inappropriate. And I think that will be key in what the DA does next criminally with this officer," Clark said.

The City of San Jose has faced a civil rights suit since the 2022 shooting.

"So much of a civil rights case depends on what the officer's state of mind was," Legal analyst Steven Clark said.

Legal analyst Steven Clark says those messages could paint a picture of the officer's state of mind.

"Now we have this picture of this racial hatred that's being disseminated by the officer shortly after shooting an African-American man in the back," Clark said, "I think that creates a whole new view of this case on many levels, and you will see, certainly for the civil rights case, that these will be the centerpiece of the case to show this officer acted differently because the person that was shot was African-American."

Though Officer McNamara resigned and is no longer an SJPD officer, Green and Pointer are calling on him to be decertified.

"He should not have the honor of ever carrying a badge and gun on behalf or in the community's name," Pointer said.

As for Green and Pointer's calls for McNamara to face criminal charges, Clark says it's not out of the question.

"The way he responded in a text messages and other avenues was really inappropriate. And I think that will be key in what the DA does next criminally with this officer," Clark said.

We asked for an interview with Police Chief Mata Monday following Green and Pointer's press conference.

We were told that he was not available and no further comments could be made since the matter is pending litigation being handled by the city attorney's office.

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