San Diego Criminal Lawyers Blog
A week-long trial in San Diego ended in a jury deciding in favor of a victim of police brutality, with a $1.5 million settlement paid out by the city. Attorneys for the plaintiff argued that the incident in which the victim was thrown onto the ground and pepper-sprayed by police was a case of excessive force and false arrest. According to reports, San Diego police officers were aware of an assailant who was attacking the homeless population in the city. As a result, they were visiting many homeless encampments in plain clothes and not uniforms. The officers were trying to warn the homeless populations of the danger in order to keep them safe.
The authorities, who were not in uniform, gathered at a trolley stop near the Fashion Valley mall and prepared to visit a homeless encampment in a nearby riverbed to warn them about the assailant. Before they left the trolly station, they heard a loud noise in the vicinity and believed that they were taking fire from projectiles. As a result, one officer drew a gun, and when the victim was spotted, the officer approached him thinking that he was the culprit.
The plaintiff was simply heading back to his home after a night out drinking with friends. When he saw the officer approaching him and ordering him to raise his hands and get on the ground, he did not heed the orders. Because the plaintiff was not compliant with the orders, one officer pulled out pepper spray and shot him in the face with it, after which another officer slammed him to the ground, smashing his face against the pavement. The plaintiff sustained broken front teeth, jaw injuries, and nerve damage from the incident.
The plaintiff’s legal team argued that he had little time to respond to the situation and make any sense of what was happening. The noise that the officers heard was a result of an iPhone charging block being thrown and falling near the officers. When the plaintiff was given the commands, not only did he not have time to comprehend what was happening, it was also being done by officers in plain clothing.
Subsequently, the plaintiff was pulled off the ground and handcuffed. While this was happening, another individual admitted to the officers that they threw the charger. The individual who actually threw the charger faced no repercussions.
Why Did This Case Take so Long to be Seen in Court?
The case was delayed by a couple of factors including the coronavirus outbreak. Many trials and cases that were to be seen in the courts were delayed as a result of the pandemic. Additionally, city lawyers were successful in having the judge presiding over this incident be removed from the case just before it came to trial. These lawyers believed the judge made many adverse rulings and may be biased.
Speak With a San Diego Defense Attorney Today
When you are facing criminal charges of any type in San Diego, you need to work with the most elite San Diego criminal defense attorney available to ensure the protection of your civil liberties and legal rights. Call David M. Boertje, a Southern California criminal defense attorney for the most aggressive and proactive criminal defense services and to ensure the best possible outcome in your case. The Law Offices of David M. Boertje can be reached 24/7 for San Diego criminal defense representation by calling (619) 229-1870 for our San Diego office or (760) 476-0901 for our Carlsbad location.