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San Francisco Bay View

july 9, 2003

Arts leader arrested at arraignment of driver who killed Malonga

by Malaika Kambon

Oakland – The situation with the murder of Malonga Casquelourd, world renowned and beloved founder of the drum and dance troupe Fua Dia Congo, might turn into a much larger monster than it already is. Malonga died on Father’s Day in a head-on collision with a car being driven the wrong way on a one-way street by a man who boasted about being drunk.

At Thursday’s arraignment of the driver, Martin Burgermyer, not only did he post $80,000 bail like it was bus fare, but there is a suspicion that a white male who could have close ties to Burgermyer’s family provoked an incident which resulted in the publicist for the Alice Arts Center, Theo Williams, being captured for assault. Williams is Afrikan.

The “assault,” which was witnessed by at least three or four people, consisted of Theo and the white male, identified by the Chronicle as Scott H., a bail bondsman, bumping into each other in passing during the flow of foot traffic into and out of the courtroom.  Theo kept going. People bump into people every day.

Mr. H., however, immediately attempted to provoke a fight by pursuing Mr. Williams through the flow of human traffic. Failing in his efforts to provoke a fight, he went and got three cops so that he could make a citizen’s arrest. This guy was hostile to the max, as was the Asian cop who jumped all over Mr. Williams.

I did not see the actual bumping incident. But I did see the cop with the brotha jacked up against the wall telling him that he “did not have the right to disrespect people.” Well, cops do not have a right to disrespect people either, and from where I was standing, Mr. Williams’ rights were definitely being disrespected.

The short version is that Theo Williams was taken into custody - as were his notes and everything he had on him - except that he managed to give someone his car keys.

This is a wake-up call: when in the house of the enemy, always be aware. Know who is around you. Do not enter into such places with big bags, backpacks etc. Situations can turn volatile.

The beast just loves to confiscate address and notebooks, pagers, cell phones, any and everything it can to be up on what people may be thinking, doing and planning. Then the next thing you know, they’re posted at your house or job and coming through your front door.

The prevailing opinion was that Theo would be cited and released. Such was not the case. A $1,500 ransom and over 24 hours elapsed before he was on his way home. Several people stayed up all night and most of the next day to secure his release. Luckily this occurred before he could be whisked away to Santa Rita.

Burgermyer, who is being charged with vehicular manslaughter and felony DUI, entered a plea of not guilty.

His actions caused a death. He bragged about his drunkenness. He is out on bail. The mysterious Mr. H. has, to this reporter’s mind, assaulted and tried to countercharge the Afrikan community and one of its respected members with a suspiciously malicious “assault” for being bumped into. Mr. Williams was captured. His immediate physical liberty had to be ransomed. He now has a case.

People were being quite calm until this happened. But there is a lot of obvious outrage simmering right under the surface.

The Casquelourd family attorney, Phillip J. Kaplan of Los Angeles, says that he will prosecute the attack upon Theo Williams as vigorously as he intends to prosecute Martin Burgermyer for the vehicular murder of Malonga Casquelourd.

I wanted to get a good look at Burgermyer. I did. He acts as if he is a total space cadet. I looked at Mr. H. He is exceptionally hostile and could be a serious racist.

A look into both of their backgrounds seems in order. Martin Burgermyer has a 1998 speeding conviction and seems inclined to incidences of braggadocio and inebriation while driving.

It would be interesting to learn, by way of something similar to a Pitchess motion for obtaining discovery of the personnel records of abusive police, if either or both Messrs. H. and Burgermyer have other histories of random violence, abuse, violence against Afrikan people, alcoholism or vehicular incidents.

Revoking Burgermyer’s license indefinitely and freeing him on bail seems light. He’s graduated to the big time: from speeding to killing while bragging and drinking. Rambo in a car. Triumphal in the process of impaired thinking while robbing our international community of one of its brightest and most vibrant stars.

I would like to know how Martin is getting around these days. Logic says that anyone who can easily post $80,000 bail is not in the habit of taking the bus. Is he driving on the under?

The leaflet put out by Malonga’s family inviting people to come to the arraignment specifically requested that “those in attendance remain respectful and quiet.” People were quiet. People were respectful. Yet as the courtroom filled with Malonga’s friends, relatives and supporters, “keep your cell phones turned off” morphed into “anyone causing a disturbance will cause the future exclusion of the public as well as the clearing of the courtroom.”

People spoke with Deputy District Attorney Ann Kenfield. Theo Williams was standing right next to me, in front of the DA, asking questions and taking notes. Calmly. Respectfully. Professionally.

Then suddenly he was whisked away and jailed for “bumping into” - and thereby “assaulting” - a mysterious white male. What was respectful about that?

The preliminary hearing for Burgermeyer is set for Aug. 20 in the same building and courtroom. Perhaps Judge Allan Hymer will again preside. There will likely be more police.

Yet Thursday’s incidents, coupled with Malonga’s murder, Mayor Jerry Brown’s recent attack upon the Alice Arts Center, his police force’s attacks upon the Afrikan and Latino children March 5 - and the SF Bay View in the persons of JR and Ra’shida, his attacks upon the anti-war protesters and the union dockworkers April 7, the Secret Service interrogations of Oakland High School students, the jurors in the Oakland PD “Riders” police corruption trial being admonished about using “vulgar comments” about the “Riders,” and Brown’s forcing out of office Oakland City Manager Robert Bobb and Oakland Parks and Recreation Director Dr. Harry Edwards, tells me that something is going on. The Oakland and international arts communities and Afrikan communities are still under attack.

Council member Larry Reid, representing Elmhurst and East Oakland, was livid at Robert Robb’s firing and accused Brown of repeatedly “disrespecting” Afrikan people and of an inability to handle strong Afrikan men - particularly when they will not sell their souls.

Malonga Casquelourd was a very strong Afrikan man. He is a very strong egungun (ancestor). He did not sell his soul. Jerry could not deal with that.

Jerry Brown said at the church service during Malonga’s funeral that Malonga had given him “a piece of his mind” about his attempts to take the Alice and that he should “leave the Alice alone.” Jerry announced at the service that he had decided to “leave the Alice Arts Center alone.”

I do not believe that. I believe that Jerry will find another way to acquire what he wants. What I really want to know is why Malonga Casquelourd had to die before Jerry Brown would commit to leaving the Alice Arts Center alone?

Email Malaika at kambonrb@pacbell.net.

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