Sunnyvale resident Erika Martin says she and her family were on an altruistic mission to help local homeless residents earlier this month, dropping off care packages and dog food for a homeless man and his dog outside the Safeway on Shoreline Boulevard.
The well-intentioned trip soured, however, when Martin found herself blocked into her parking space by a police car and questioned by officers. Employees at the grocery store had called in a possible theft in progress, and Martin and her family members found themselves the suspects in the investigation.
Police officials described the interaction as friendly and cordial, saying that officers quickly found that the reports were unwarranted and sent the family on their way. But Martin and her family members say they are upset over what they believe is just one of multiple racial profiling incidents they have faced while living in the Bay Area.
"We don't feel comfortable going back to this Safeway, especially the children, because of what happened to us," Martin told the Voice shortly after the incident. "We were there to do a good deed and we left feeling embarrassed, hurt and shocked."
The theft report and police stop occurred around 6 p.m. on Sunday, July 8. Martin and her sister, Mountain View resident Faith Martin-Ware, parked in the Bailey Park plaza after attending a church service at Christ Temple Community Church in Palo Alto, intending to drop off a package of hygiene products for homeless people near the Safeway. Martin, who works at Google, also brought dog food for a homeless man with a dog who frequents the plaza.
After spending several minutes in the parking lot talking from inside her vehicle, Martin said two police cars -- and later a total of five officers -- pulled up right next to her to ask probing questions to determine whether she, her sister or their children were complicit in a reported grocery store heist.
The heavily redacted incident report states that employees and customers in the store believed that the family had sent in their children to "grab goods from the shelves" and take them back to the car, and that they had reportedly stocked up a cart full of goods as a ruse intended to create a distraction. The reports implicated Martin, her son and her sister's children as playing a role in the alleged theft.
Martin and Martin-Ware contend that many of the details in the report are inaccurate, including the amount of time they were stuck in the parking lot and allegations that they were collaborating with a black man inside the store to conduct the heist.
Police were told that Martin entered the Safeway and headed toward the back of the store, and at one point "made eye contact" with a suspicious man also considered a potential shoplifter, who was described as a black man in his 30s, according to police spokeswoman Katie Nelson. Trouble is, Martin said she never got out of her car at any point, handing off the dog food through her window to the homeless man. She was also wary of exiting her car when police were present, wanting to avoid escalating the situation.
"If they were to look at the Safeway footage it would show that I never got out of my car and I never went into the store," Martin said. "What description was given to them? I have no clue. They never told me the description of the person. No one ever told us the items that were taken out of the store."
Police say officers spent 10 minutes talking to Martin and her sister, while Martin said it was closer to half an hour. The incident report states officers concluded that the theft reports had no merit and left after about 26 minutes.
The children referred to in the report were likely Martin's 9-year-old son and her nieces and nephews, who she said went into the Safeway for a free cookie from the bakery staff -- a common practice at the grocery store chain. Martin said her son was getting increasingly worried that his denied request for a cookie was the reason for the police stop, and said he felt the need to confess it to officers.
"He was so nervous, you could barely understand what he was saying," she said.
The Voice reviewed the body camera footage from two of the officers involved in the police stop, and found it largely corroborates the family's version of events. Police never accuse Martin of stealing, but state she is "associated" with a reported theft. Officers can be seen talking to the store manager inside the Safeway, who told police she saw a woman taking things from the store but could not tell officers what was taken.
Given the flimsy evidence against her, Martin said she believes that profiling played a role in the accusations and ultimately led to her getting stopped by police in the parking lot. She and her sister frequent the Safeway and know many of the store employees by name, which she said made the theft allegations all the more troubling. What's more, she said, store employees and customers frequently witness thefts and nobody calls police, yet they took the extra effort to report her family.
Nelson said police have responded to a total of 10 theft calls at the Shoreline Safeway over the last 12 months, of which seven involved a theft from the store itself. Only three of those incidents involved a suspect described as a black man or woman, while the others are described as either Hispanic, white or Asian, Nelson said.
The city's online crime-tracking data website, CrimeReports, shows only six theft cases at the Safeway in 2018, which is relatively low compared to the Safeway on San Antonio Road and the Nob Hill on Grant Road.
Martin-Ware said she was upset over the incident, in part because it wasn't the first time she has faced accusations of stealing, with a similar incident occurring inside a Walmart while she was with her 11-year-old son. She said she's seen and even recorded people bounding out the door with baskets full of alcohol and nobody bothered to call police, leading her to believe it was racially motivated.
"I'm just shocked it happened right after we were getting out of church and helping out homeless people," Martin-Ware said.
Martin-Ware said officers talked amongst themselves before approaching her and saying she fit the description of the person accused of stealing, and asked if they could search her car. She said she gave them permission to look through the window to see what was inside, and allowed them to check the trunk. She said police likely didn't have a probable cause to start looking through her things, but she was nervous about not complying with officers.
"I found it very weird, but I thought if I didn't let him search that I would get arrested," she said.
Martin-Ware recorded part of the police stop on social media during the July 8 encounter.
Shoreline Safeway employees declined to comment on the incident, instead referring the Voice to Safeway's corporate office in Pleasanton. Safeway spokeswoman Wendy Gutshall said in a statement that the company apologizes for the misunderstanding and has since "been in contact with a customer involved in the incident." The statement did not mention Martin or her family, instead stating that local law enforcement was called concerning an "adult male with a history of suspected shoplifting at the store who had a shopping cart full of merchandise."
The initial call to police stated that the suspect inside the store, described as a black man in his early 30s, may have known Martin and her family, which aroused suspicions that they might be working together. Officers concluded that the man was not involved in any theft, either, Nelson said.
Nelson maintains that officers responded appropriately to the reported theft and the information given to them, and that they never directly accused Martin and her family of stealing. She said the police officers were quick to find the reports had no merit, and that the family was both cooperative and compliant.
"We did our due diligence in responding to a call, and (Martin) was very helpful in allowing us to resolve the situation quickly and without any issues," Nelson said.
Comments
Rengstorff Park
on Jul 26, 2018 at 2:30 pm
on Jul 26, 2018 at 2:30 pm
Safeway is very great at racial profiling. I was racial profiled once, by a person of the same race as me. Ridiculous.
Jackson Park
on Jul 26, 2018 at 2:34 pm
on Jul 26, 2018 at 2:34 pm
I think this is despicable. What is wrong with people. Here are some good people doing a good deed and look what happens. I live around the corner from that Safeway. That store manager should be ashamed. If you are not sure, and can't see who it is for description then don't bother the police.
Another Mountain View Neighborhood
on Jul 26, 2018 at 2:48 pm
on Jul 26, 2018 at 2:48 pm
So glad everyone kept their cool and it did not escalate. Shame on Safeway Shoreline! Their employees need to receive sensitivity training and get the facts straight before calling the police.
Registered user
Sylvan Park
on Jul 26, 2018 at 2:53 pm
Registered user
on Jul 26, 2018 at 2:53 pm
FIVE POLICE OFFICERS? Interesting how police version of events differs from the woman's, and then footage matches HER version. Seems like the cops like to downplay situations when it suits them. Truly is a troubling story. These types of incidents seem to be happedning more often in this country, a sign of the times...a troubling sign.
North Whisman
on Jul 26, 2018 at 3:33 pm
on Jul 26, 2018 at 3:33 pm
I frequent that Safeway often and have seen more homeless people there which is very sad. I'll back off from complaining about Google ruining our city as much as they're starting to help repair the damage they have done with their recent large donation to help the homeless here, but don't stop helping. And I hope that money does help the homeless.
Regarding this family helping the homeless, God bless them for caring this much. It troubles me as well seeing them there when I have money to purchase food, not much though myself, as the majority of my money goes to the ever increasing rent here. My husband tells me that could be us soon. It's stressful living here but I've been here 35 years now.
I'm so sorry you experienced this and why five officers had to show up. Really? A family with children helping homeless people and they are a threat? To who? If anything, it makes white people look bad! Makes no sense. It does sound like racial profiling.
We are all one family on this one planet of ours. Helping each other is what we are supposed to do. Reminds me of the recent incident of the African-American man trying to figure out his security system to his store out front of it and police came. Seriously. It was his store. Those prejudice white people out there (and I'm white) need to stop with this stuff. Accept. Be kind. Don't be like Trump.
Shoreline West
on Jul 26, 2018 at 5:27 pm
on Jul 26, 2018 at 5:27 pm
When Black Americans speak about generational trauma, this is what they mean.
When Black Americans speak about having PTSD just from living, this is what they mean.
Everywhere they go, at all times, they are Black before they are American. White supremacy is the water in which we all live, but only non-whites experience it as a visceral daily reality.
As a white male, I never have to think about my race, it just is. I never have to wonder if my mere presence will lead someone to call the police on me.
This is not an isolated incident. It is a daily fact of life for Black Americans.
Another Mountain View Neighborhood
on Jul 26, 2018 at 6:34 pm
on Jul 26, 2018 at 6:34 pm
So who is whose child? I am confused. One of the boys goes to school with my son, yet the mom is Sunnyvale resident? Confusing!
Also, there are too many homeless near that Safeway already. Please do not provide incentive for them to camp out there and litter. They can go to Hope’s Corner where the google money is. I am not rich and I cannot afford moving out of the neighborhood which now just doesn’t look nice anymore.
Another Mountain View Neighborhood
on Jul 26, 2018 at 6:34 pm
on Jul 26, 2018 at 6:34 pm
The police did what they were supposed to do, nothing out of the ordinary here. Seems like it was handled properly.
Another Mountain View Neighborhood
on Jul 26, 2018 at 6:48 pm
on Jul 26, 2018 at 6:48 pm
Pulling out- except that the report that the police filed did not match up with the families account. And the families matched up with what was recorded on the officers cameras. Interesting isn’t it?
I guess the family should be grateful they were not shot on the spot- as happens in many encounters between minority groups and the police. Of course the police would have claimed they were afraid for their lives.
Shoreline West
on Jul 26, 2018 at 7:56 pm
on Jul 26, 2018 at 7:56 pm
This is very disappointing to hear. This family is so thoughtful to take the time out after church to give packages to the homeless. I wonder why the officers statement and the spokespersons statement were different than what actually happened. Someone is trying to cover their butts. I go to this Safeway all the time and I've seen young adults and teenagers steal things from that store and run right out the store and the cops weren't called and those individuals were white. If she really stole something why did she not run? Why was the other young women's car searched when she didn't go inside of the store neither? Safeway you better fix this or you will find yourself missing customers.
Another Mountain View Neighborhood
on Jul 26, 2018 at 8:18 pm
on Jul 26, 2018 at 8:18 pm
The 2 comments that are on this site are ridiculous.
Neighbor-So who is whose child? I am confused. One of the boys goes to school with my son, yet the mom is Sunnyvale resident? Confusing!
Lady or Man, what does her child have to do with your concern? It's obvious the woman with the dog Erika Martin her son is Christopher Flemming because his last name is different duh!!! Don't you live in Mountain View? Do you shop or go out of the area to do shopping or go places? Who cares where this woman lives her family lives in Mountain View and she and her son are Sunnyvale residences. The only person that's confused it you because you fail to comprehend.
Also, there are too many homeless near that Safeway already. Please do not provide incentive for them to camp out there and litter. They can go to Hope’s Corner where the google money is. I am not rich and I cannot afford moving out of the neighborhood which now just doesn’t look nice anymore.
Maybe if there were more people like this family in this pathetic world that we live in there wouldn't be so many homeless people. If you had a heart to give to the less fortunate maybe they would have place to stay. Don't you dare tell this family that was doing a deed of God not to help the homeless. What kind of human are you? Maybe you should move out of your home and give it to the homeless people to stay in and live on the street like them because there's not enough help [Portion removed due to disrespectful comment or offensive language] . Mountain View is only ugly because there are too many ugly selfish people that live there. It has nothing to do with the homeless. You're complaining about Google shut it down with that. Google helps so many people and you're getting upset with the company. [Portion removed due to disrespectful comment or offensive language]
"Pulling Out The White Card."
The police did what they were supposed to do, nothing out of the ordinary here. Seems like it was handled properly.
[Portion removed due to disrespectful comment or offensive language]
It was a race thing. If it was a white people do you really think Safeway would've called the cops??? Look at the number of reports out of 12 months 10 calls come on. I've seen so many "White Kids/White Adults" steal from this store and nothing was done. All because this family is "African American" they have the cops called on them for "NO REASON." This world makes me so sick I am tired of it. Every time I get online "a white person has accused a black person of doing this and that." I am mixed with white and I am so sad that my people have to be so ignorant. It's embarrassing and I truly hate it. It's time for this world to wake up because do you even see this world getting better because I don't Trump says "Make America White Again." White people need to wake up and stop being evil. That goes for all the races. There's not enough love in the world but there's so much hate that's destroying the world that God has put together. Sad.
Martin-Ware-Flemming family, I am so sorry that you all had to deal with that because it wasn't right. It's embarrassing, hurtful, and shameful for them to do that to you all. You guys are all beautiful and was doing the work of the Lord but was wrongfully accused. Keep helping those who don't have. God bless you all. Your deed will be blessed.
Another Mountain View Neighborhood
on Jul 26, 2018 at 8:21 pm
on Jul 26, 2018 at 8:21 pm
Not all kids at Mountain View schools live in Mountain View. Many actually are living in Sunnyvale. But I digress.....
Another Mountain View Neighborhood
on Jul 26, 2018 at 8:22 pm
on Jul 26, 2018 at 8:22 pm
Yikes, bad day?
Shoreline West
on Jul 26, 2018 at 9:06 pm
on Jul 26, 2018 at 9:06 pm
MVPD operates on racial profiling. I was once screamed at from behind by them while walking down the side walk on Latham Street (the very street I live on) towards Shoreline Blvd to catch my company bus to work; and ordered to sit on the floor and asked to explain what I was doing in the very neighbourhood I live in. Apparently in MVPD's eyes I was a suspect because the only reason a brown Latino thug (the fact that I am in fact South Asian not withstanding) like me would be walking around in that neighbourhood is to break into the homes of the folks who unlike me belong there (presumably Caucasian and East Asian) and steal their property. Thank god I did not have my earphones plugged in that day or else who knows I may have been shot in the head from behind for not complying with police orders.
Monta Loma
on Jul 26, 2018 at 9:31 pm
on Jul 26, 2018 at 9:31 pm
so what your all saying is the cops should never respond to calls ever? Because they were somehow supposed to know this was what it was before they actually got there? Got it.
another community
on Jul 26, 2018 at 10:04 pm
on Jul 26, 2018 at 10:04 pm
I worship, pray and fellowship with this family every Tuesday and Sunday. They know God's word and keeps HIS commandments "Thou shalt not steal". Remember Martin-Ware family no weapons formed against thee shall prosper. God bless you and I love you all.
Bailey Park
on Jul 26, 2018 at 10:39 pm
on Jul 26, 2018 at 10:39 pm
Seriously: First off the cops didn't have to detain her for that long or search her sister's car without knowing what to look for. This family was racially profiled had that been a white person no cops would have been called. My friend works there and she sees thefts almost on a daily and they don't call the police. So if this family really stole something, why didn't they leave after stealing the items? The people on here that are being negative towards this family are disgusting and seem to be racist themselves. We need to realize that this happens far to happen to African Americans and this needs to stop. I am friends with African Americans and it hurts me that they have to go through things like this. This world needs a little more Jesus and less hate
North Bayshore
on Jul 26, 2018 at 11:11 pm
on Jul 26, 2018 at 11:11 pm
This has got to stop! Why does the police and Safeway have a different accounts of what happened? The families account matches the body camera. Cover up!Bless thus family!
Shoreline West
on Jul 26, 2018 at 11:11 pm
on Jul 26, 2018 at 11:11 pm
There are a few comments on here are so negative and disrespectful especially the person who said Race Card, Seriously, and Neighbor [Portion removed due to disrespectful comment or offensive language]
Martin Family you guys are so beautiful and keep doing what you're doing. Ignore the negative BS that goes on in this awful world. [Portion removed due to disrespectful comment or offensive language]
Another Mountain View Neighborhood
on Jul 27, 2018 at 12:03 am
on Jul 27, 2018 at 12:03 am
My goodness this is so dum if any one knows the Martians they are the best family I've ever had the blessing to meet especially Erika and Faith .See I'm a 44 year old wife and mom who all of a sudden became terminally ill with no insurance my family has struggled because of my medical needs and no help from anyone especially the santa Clara services we were going without sometimes food or without being able to pay a bill when I meet them we talked like we knew each other for years I never felt so comfortable with anyone like that I cried we laughed had a great time but them who hardly knew us heard about us not having any food they came over to my home with so much food and drinks Erika even got me heath drinks till this day she will come running for me I've been blessed to have them in my life and belive me with there smarts the th have good jobs but even if they didnt they would never steal from anyone or any where .such a dam shame people lose out on great friends because of the color of there skin .im blessed to have them in my life and as friends I love the Martians and always will be greatful to them and God for them .
Another Mountain View Neighborhood
on Jul 27, 2018 at 4:04 am
on Jul 27, 2018 at 4:04 am
I am not against google, i am against the homeless camping out o. Front of safeway. Hope’s corner got a grant from google and has the necessary facilities; it would be much better to donate to them and have homeless people seek services from them, instead of encouraging them to sit in front of a grocery store. Their little “campsite” becomes littered and smells of urine. Haven’t any of you been to that safeway?
Thank you to the posters clarifying the name/residence confusion.
Old Mountain View
on Jul 27, 2018 at 7:02 am
on Jul 27, 2018 at 7:02 am
Five police cars? No wonder you can't get any response from the police when you need them in this town for boring things such as package and mail thefts or illegal parking. They clearly are just out to kick some butt whenever they get even the slightest chance.
Monta Loma
on Jul 27, 2018 at 7:52 am
on Jul 27, 2018 at 7:52 am
... I blame Trump!
Shoreline West
on Jul 27, 2018 at 8:01 am
on Jul 27, 2018 at 8:01 am
Neighbor "Homeless Campsite"
What did you learn from this article?
[Portion removed due to disrespectful comment or offensive language]
Nothing else really stuck out to you did it besides "Homeless Campsite." [Portion removed due to disrespectful comment or offensive language]
You don't care about that fact this family wasn't doing anything wrong, you don't care about the fact their children were accused, you don't care about the fact that this family took the time out of their precious day to go and help the needy, and you don't care that they thoughta African American male was also accused of shoplifting.
I'm a Caucasian male I shop at this Safeway Grocery store frequently. Mind you I hate this store. The lines are always long, the fruit goes bad pretty fast, Western Union machine is never working, etc... That's beside the point I could go inside of the store look suspicious and no one would ask any questions. If I were an African-American male walking inside of the store "All Eyes On Me" like Tupac says. This story should be an eye opener to people. Please, open up the eyes to see this is a "Race Thing."
We have to stand up to whats right. We all bleed the same blood but because we are of different ethnic background's that's where the issues lies people. Come On stop it please.
When I read this article I'm curious to why the employee didn't know what items were taken but, decided to call the authorities because she thought she may have saw someone taking items. I've seen people steal from different stores all the time. When an individual decides to shoplift, clearly they don't park their cars "In Front Of The Store" they don't "Sit in there cars" waiting for someone to see them. A person parks away from the entrance goes inside of the store, grabs exactly what they need and dash out of there. That didn't happen on this day.
This family was doing a good deed. I recently saw the video footage of this embarrassing event on Facebook. I was scrolling through video's on Facebook and there it was. I don't recall who filmed it but you could hear hoe terrified the children were. Safeway really all those cops. Did some steal a shopping basket full of items? I want to see yhe footage from Safeway's camera. I would love to watch all the shoplifeters take from this store and not be harassed, or have authorities come to the store. We have to do better as a community people.
Police Department, my goodness you should also feel ashamed because you searched a vehicle and clearly you had no idea what to look for. The Safeway employee "Didn't Know What Was Taken." You searched a vehicle, from what I seen on the video blocked this young woman and her son from leaving the establishment. Body camera footage wasn't matching up to your statement but families statement did matched body camera footage. Interesting!!!!!!
I'm at lost for words at this moment. @ Ms. May your comment about this family is awesome. You can see that this family goes to church and they were out doing the community some good. We don't have enough love in us to help the homeless but instead others look down upon them like they're scum of the Earth. Stop bashing them and help them. Where else can they go? The world is filthy because of the ignorance in the people. I hope this family gets a huge apology the employee that called the cops. Good luck and God bless your family.
Registered user
another community
on Jul 27, 2018 at 5:19 pm
Registered user
on Jul 27, 2018 at 5:19 pm
@Seriously and the 11 others who apparently thought his/her comment deserved your support: NO! That is not what the good & sensible people commenting here are saying. Any level-headed, non-racist person has the good common-sense to know that sending 5 officers out on a shoplifting complaint is a waste of time, money and manpower and would ask why. The logical response, given the circumstances, is racism. One of the many problems here is that common-sense just ain't all that common anymore, as clearly evidenced by some of the ridiculously ignorant comments here. Good thing that ignorance is curable. Too bad there are so many who refuse to avail themselves of the cure.
Registered user
Another Mountain View Neighborhood
on Aug 1, 2018 at 10:38 am
Registered user
on Aug 1, 2018 at 10:38 am
@Seriously?
They can't respond to calls only if the calls are about people of color. However, they can respond if the calls are about people not of color. Get it?!
Registered user
Cuesta Park
on Aug 2, 2018 at 11:25 am
Registered user
on Aug 2, 2018 at 11:25 am
My heart goes out to this family, and especially the little boy who thought the police were called because he ate a free cookie from the bakery. Thank you for trying to help those who need it, and thank you for shining light on the ways that our community makes even acting kindly in public suspicious if you "don't look right".
You are welcome in my neighborhood any time, and so is the unnamed black man who may or may not have made eye contact with you who also did not steal anything.