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Tiburon officials have released body-camera footage from the first officer at the scene of a late-night confrontation between police and Black business owner Yema Khalif, who asserts he was racially profiled when questioned at his downtown shop.
The nearly 11-minute recording includes about 5 previously unseen minutes of the incident, which occurred about 1 a.m. Aug. 21 at Yema, the “action fashion wear” boutique at 10 Main St. owned by Khalif and partner Hawi Awash, Tiburon residents who are also the designers and models for the brand. The couple say they had received a large shipment of merchandise and that they and a visiting friend and business associate had been restocking the store to prepare for the weekend shortly before a patrol officer knocked on the door and questioned why they were there. The encounter escalated when the supervising sergeant arrived on the scene.
About 6 minutes of cellphone footage of the encounter with the supervisor, Tiburon police Sgt. Michael Blasi, was posted by Khalif to social media later Aug. 21. It sparked widespread outrage within the community and prompted town officials to order an independent investigation into the officers’ conduct. Tiburon Mayor Alice Fredericks called their behavior “unacceptable” and issued a public apology, and she and Belvedere’s mayor each apologized personally to Khalif and Awash. The governing councils are to hold a joint online Town Hall-Community Forum on Aug. 27.
The incident revolves around the officers’ assertions that because most Main Street businesses shut down about 9 or 10 p.m., and they’d never seen workers inside the shop at 1 a.m., Khalif was required to explain to the officers why they were inside and provide some physical evidence — identification or a key in the door — that he is the owner.
Khalif acknowledged several times that “I want you to look out for my store” and “I want you to look out for my community,” but he repeatedly asked the officers what activity, beyond his presence alone, was suspicious and required explanation.
The store was well-lighted, and police reports show no alarm had sounded and no one had otherwise reported suspicious activity. At no point during the 11-minute exchange did either Tiburon officer assert any potential criminal or suspicious activity was occurring beyond their mere presence in the building at that hour.
Khalif insisted that if he acknowledged he was the owner, absent the officers’ explanation of a problem, evidence of a crime or reason to doubt him, he didn’t need to explain why he was in his own store after hours.
The officers repeatedly asserted, however, that Khalif was required to show identification, but California does not have a stop-and-identify statue. Criminal-law experts and civil-liberties organizations say there is no requirement to produce identification — even when detained — unless you’re operating a motor vehicle, which requires state-issued certification, or you have been arrested or booked for a crime.
Critics of Khalif say he was argumentative and antagonizing the officers from the start, and that he could have just showed his ID and quickly ended the incident.
Critics of the officers’ handling of the incident note that Blasi did not de-escalate the encounter on his arrival.