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Claim Deputies Used Excessive Force : Brothers Charged in Melee Sue County

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Times Staff Writer

Three Santa Ana brothers awaiting trial on criminal charges stemming from a June 27 melee filed a civil suit Monday against Orange County and two sheriff’s deputies for what a judge called an “unfortunate situation” in which “the only innocent person” died.

Monte, Stephen and Charles George Slender and Charles’ 1-year-old son, Charles Brandon, claimed that the deputies used excessive force in attempting to arrest Monte, precipitating a fight that led to the death of Charles’ wife, Deanna.

Wife Was Slain

During the altercation, Deanna Slender, 23, who was acting as a peacemaker, was fatally shot by Sheriff’s Deputy Leon Benningsdorf. Then the deputy and Charles Slender, 21, shot and seriously wounded each other.

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The Superior Court lawsuit, which names Benningsdorf and Deputy Benjamin Stripe as defendants, does not specify the amount of damages sought but does seek punitive damages.

The Slenders claim that Benningsdorf and Stripe acted negligently and violated their civil rights when the deputies “assaulted, beat, struck, shoved, dragged and used excessive force” on them during the melee.

The Slenders also claim they were falsely arrested.

The Slenders also accuse the county of negligent employment, claiming the county knew the deputies “had a propensity, character trait and practice (of) using excessive, unnecessary and unreasonable force and violence . . . abusing their authority” and harassing and imprisoning people without justification.

The criminal case against the Slenders has prompted questions about the ability of the Sheriff’s Department to conduct a fair investigation into any shooting incidents in which its own officers are involved.

In a Jan. 7 ruling in the criminal case, Municipal Judge Eugene Langhauser ascribed “moral blame” to both the deputies and the brothers. But he held the brothers to answer various charges in a Superior Court trial, now scheduled for June 3.

‘Innocent Person Died’

Langhauser labeled the melee an “unfortunate situation” in which, he said, “the only innocent person” died.

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Charles Slender, 21, is accused of attempted murder, assault and assault with a deadly weapon. Stephen Slender, 24, and Monte Slender, 20, are accused of felony assault, charges that Langhauser recommended be treated as misdemeanors in Superior Court. Langhauser dismissed other charges against Stephen and Monte.

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