Police Investigating Linda Vista Beatings

San Diego police Tuesday launched an internal probe of a bloody confrontation between 11 officers and a Linda Vista family that outraged neighbors and sent a 64-year-old man and his son to the hospital with broken noses and bruises.

On Jan. 16, Antonio Pena and his son, Francisco, 32, were taken by police to Sharp Memorial Hospital, where they were treated and released. The two men received misdemeanor citations for battery on an officer. Another son, Manuel, 29, was taken to County Jail, where he was booked and released on misdemeanor charges of drunk driving and resisting an officer. Manuel suffered minor injuries in the fracas.

Assistant Police Chief Manuel Guaderrama said investigators from the internal affairs unit began the investigation after Guaderrama met with a local Latino civil rights group that protested the beatings.

Almost two weeks after the incident occurred, Guaderrama said that police still have only sketchy information about the fight.

When asked to discuss the few details available to police, Guaderrama answered:

“There’s an internal affairs investigation on this now. I’m going to have to stonewall you on this. We have 18 witnesses, police and neighbors, to interview.”

San Diego Catholic Diocese officials have asked for an investigation, while a nun from the Penas’ church has circulated a petition protesting the beatings and asking the mayor and City Council to look into the matter.

The fracas began at 11:30 p.m. when an officer from the department’s Western Division attempted to arrest Manuel Pena at his Burton Street home. Police said that the officer followed Manuel and Francisco home because he suspected Manuel of drunk driving.

Police said that Manuel registered 0.15 percent in a blood-alcohol test. A driver is presumed to be drunk if he registers 0.10 or higher. Francisco admitted that he and his brother had had two beers each on the night of the incident at a concert, but he denied that either was drunk.

“We have a police report. It looks like the officer was making a legitimate arrest.” said Guaderrama. “The fellows (Manuel and Francisco) didn’t stop and he has an obligation to take him (Manuel) into custody.”

Last week police said that the fight began when the Penas resisted police attempts to arrest Manuel. However, Antonio Pena and his sons offered a different version of the incident.

According to Francisco Pena, he and his brother were already on the porch and walking toward the door of their home when an officer parked across the street and ordered them to approach him. Pena said that he attempted to talk to the officer while Manuel went inside the house. While he was talking to the officer, another officer appeared suddenly and hit him in the face with a flashlight, Francisco said.

Antonio Pena said he awakened to find Francisco lying on his stomach on the garage floor, with his hands cuffed behind his back and under attack by several officers. According to Pena, who speaks limited English, he asked the officers what they wanted with his sons, but was told repeatedly by police to shut up.

Eventually, Antonio Pena said, he also was handcuffed and thrown on the floor, near his son. Pena said that several officers took turns kicking him in the face, while Francisco was also kicked and beaten with batons. Police left a baton under a family car, which was returned by family members three days later.

After the fight, a neighbor said, she saw police lead Manuel, who was handcuffed, to a patrol car. Willie Mae Weinperl said that she saw the officer bang the man’s head on the hood, before putting him inside the car.

Roberto Martinez, director of the Coalition for Law and Justice--the group that met with Guaderrama--said he was disappointed with the results of the meeting. When told that Guaderrama had described the conference as “very productive and very congenial,” Martinez said:

“Well, it was congenial but it wasn’t very productive in the sense that nothing was resolved. But we’ll wait for their report.”