FBI Probing Police Brawl With Family : Incident at Latinos’ Home Involving 11 Officers Draws Civil Rights Complaint

The FBI and another federal agency are investigating allegations that San Diego police officers violated the civil rights of a Latino family during a bloody confrontation in Linda Vista that sent a 64-year-old man and his son to the hospital with broken noses and bruises.

Antonio Pena and his son, Francisco, 32, were taken by police to Sharp Memorial Hospital for treatment after the fight on Jan. 16. The two men received misdemeanor citations for allegedly assaulting an officer. Another son, Manuel, 29, was booked at County Jail and released on misdemeanor charges of drunk driving and resisting arrest. Manuel suffered minor injuries.

FBI spokesman Jim Bolenbach said Friday that the investigation began after FBI officials received a civil rights complaint stemming from the fracas, which involved 11 officers. Bolenbach declined to reveal who filed the complaint.

However, Rep. Jim Bates (D-San Diego) asked for an investigation of the altercation in a Jan. 29 letter to U.S. Atty. Peter K. Nunez. On Friday, Bates said that he was not aware that the investigation had begun. Efforts to reach Nunez to learn if he had forwarded Bates’ letter to the FBI were unsuccessful.

According to police, the fracas at the Pena home 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 an officer followed Manuel and Francisco home because he suspected Manuel of drunk driving.

Police said that Manuel registered 0.15% 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 at a concert on the night of the incident, but he denied that either was drunk.

Police said the fight began when the Penas resisted arrest. However, the Penas and a neighbor who witnessed the incident accused the police of provoking the fight.

Bates said Friday that the Linda Vista incident is only one of several violent confrontations between San Diego police and minorities that should be investigated by U.S. authorities.

“I read about the confrontation with the Penas and asked Mr. Nunez to look into the matter,” Batess said. “I think that it’s only appropriate. This incident is only one of several such stories that have been recently reported in the media about questionable tactics used by San Diego police, particularly with minority citizens.”

FBI officials said they will interview the Penas, police and witnesses and forward their findings to the Justice Department in Washington. The FBI report will be studied by attorneys in the department’s Civil Rights Division, who will decide whether to sue San Diego police over violations of civil rights.

Attorney Antonio Valladolid, who represents the Penas, said that the family did not request the FBI inquiry.

Meanwhile, a second Justice Department agency is conducting a separate inquiry into the Linda Vista incident. The Times has learned that the Community Relations Service in San Francisco sent a representative to San Diego during the week to investigate the incident. Angel Alderete, a conciliation specialist with the agency, met with Roberto Martinez, director of the Coalition for Law and Justice, to discuss the confrontation between the Penas and police. Alderete said that he discussed other complaints filed by Latinos and the group against police.

The coalition, a Latino community rights organization, filed a complaint with police over the Linda Vista incident.

Alderete said he plans to meet with police officials later this month to discuss the altercation. The Community Relations Service has no enforcement powers, but it attempts to conciliate disputes between minorities and public agencies.

“The community interest in the Pena incident seems to be growing. The community seems to be very concerned about the (police) department’s relationship with them,” Alderete said. “When something like this happens and you began to talk to people . . . more concerns are voiced. We want to help stop any potential problems that may arise between police and the community.”

Efforts to reach police officials for comment were unsuccessful. Police Chief Bill Kolender did not return a reporter’s phone calls Friday.

Investigators from the police internal affairs unit are also looking into the incident. The department’s findings are expected to be released Monday.

San Diego Catholic Diocese officials have also asked for an investigation, while a nun from the Penas’ church has circulated a petition protesting the family’s treatment. Sister Dina Marie Garcia this week presented the petition, with more than 400 signatures, to Mayor Maureen O’Connor and the City Council.