Investigation into racist texts by San Jose police: A judge mandates the disclosure of extra messages

A former San Jose police officer, dismissed due to the revelation of numerous racist texts, is facing additional legal challenges. Mark McNamara, previously associated with a lawsuit concerning his on-duty shooting of a young man during a restaurant brawl, now confronts new concerns as a judge orders the release of more problematic texts.

The legal issues for McNamara originated in March 2022 when he responded to a brawl at a San Jose taqueria, resulting in the shooting of K’uan Green. Green, attempting to intervene and holding a gun he had taken from an assailant, was shot by McNamara. In a deposition, McNamara expressed remorse despite maintaining that he believed his actions were justified.

The individual McNamara shot has filed a lawsuit against the city, and recently, the judge overseeing the case ordered the release of a second set of McNamara’s texts to Green’s legal team. These texts, contain explicit content, including repeated derogatory comments targeting the LGBTQ community and women.

Among the offensive texts, one message from McNamara expressed disdain for a cashier, using racial slurs such as ‘I hate black people’ and ‘uppity N-word.’ Another text allegedly mocked police actions, stating, ‘you harassing them Blacks,’ and conveyed a strong aversion towards Black individuals, stating, ‘I hate Black people more than I hate being a cop.’

Green’s attorney, Adante Pointer, emphasized that these texts reveal a person who seemingly despised both their job and the community they were entrusted to serve and protect. He urged a thorough examination of the mental state and attitudes of those making critical life and death decisions.

In a particularly egregious instance, McNamara used a racial slur to reference an Asian doctor and commented on her manner of speaking. Legal analyst Steven Clark highlighted that these new texts would likely intensify the legal scrutiny, with the District Attorney’s office assessing McNamara’s state of mind, especially given the proximity of these racist texts to the shooting incident. Clark also noted that the deletion of these text messages could be considered as evidence in the case.

The case involving McNamara is scheduled for federal court in April unless the city of San Jose opts for an out-of-court settlement.

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