Excessive Force Used in Latino Arrest, Police Say

At least one police officer used excessive force during a bloody melee Jan. 16, when two members of a Linda Vista family were sent to the hospital with broken noses and bruises after a violent confrontation with 11 officers, a San Diego Police Department internal investigation revealed Tuesday.

Deputy Chief Manuel Guaderrama said the investigation of the fracas by internal affairs officers showed that one officer, whom police refused to name, used excessive force when he beat and arrested Francisco Pena, 32.

Guaderrama said that the investigation is continuing and has not yet determined if excessive force was also used in the arrest of Antonio Pena, 64, who is Francisco’s father.

Both men were taken by police to Sharp Memorial Hospital, where they were treated for broken noses and numerous bruises. The two were issued misdemeanor citations for assaulting an officer and released. Another son, Manuel, 29, was booked at County Jail and released on misdemeanor charges of drunk driving and resisting arrest.

Guaderrama said that investigators are also looking into charges that an officer handcuffed Manuel and banged his head on the hood of a patrol car.

“That boy had his hands cuffed behind his back. The officer slammed his head on the hood of the car before putting the boy in the car,” Willie Mae Weinperl, a neighbor who witnessed the incident, said last month.

The investigation revealed that police acknowledged that Antonio Pena was kicked in the face by at least one officer. But Guaderrama said investigators are trying to determine if the elder Pena was kicked accidentally or intentionally.

“We’ve determined that the father was kicked in the face and we’re still looking into that,” Guaderrama said. “But it appears that the kicks could’ve been accidental. There was a struggle when Francisco and Antonio stepped between Manuel and an officer who was trying to arrest him.”

Police said that the fight, which raised cries of outrage and charges of police brutality from neighbors who witnessed the incident, began at 11:30 p.m. Officer James Gordon had followed Manuel and Francisco to their Burton Street home because he suspected Manuel of drunk driving.

Guaderrama said that a subsequent blood-alcohol test showed that Manuel’s alcohol level was 0.15%, while Francisco registered 0.16%. A driver is presumed to be drunk if he registers 0.10% or higher.

Francisco told The Times last month that he and his brother drank two beers each at a concert on the night of the incident, but he denied that either was drunk. Francisco, who was not driving the car that Gordon stopped, also said that he has been arrested twice for drunk driving and had his license suspended.

“The officer (Gordon) was justified in stopping the vehicle,” Guaderrama said. “The two (Manuel and Francisco) didn’t obey the officer’s instructions to walk towards him. The officer followed them to a patio area and Manuel continued into the house while Francisco delayed the officer.”

According to the police investigation, Francisco stepped in front of Gordon when he attempted to question Manuel.

Moments later, Antonio Pena, who was dressed in pajamas, walked outside and joined Francisco in confronting Gordon, Guaderrama said. A struggle ensued between the two men and Gordon, who called for additional help. A second officer, Timothy Carr, arrived at the scene and attempted to subdue Antonio and Francisco, while Gordon went inside the house to arrest Manuel, Guaderrama said.

Carr also called for more police and a third officer, whom Guaderrama declined to identify, arrived to help. Eventually, the fracas attracted 11 officers.

“At that point, a struggle began between Francisco and the third officer, and we determined that the officer used excessive force in taking Francisco into custody,” Guaderrama said.

Police have not decided what discipline to impose on the officer, Guaderrama said.

“When the investigation is complete, his captain will study the results and make a recommendation as the kind of discipline that should be used. That could range from a written reprimand to termination,” Guaderrama said. The inquiry should be completed this week, he said.

Francisco Pena said he was satisfied with the department’s findings, but insisted that his father and brother were also victims of excessive force.

“I’m glad that the police are realizing that people aren’t making up stories about police brutality,” Francisco Pena said. “I hope that other people who go through this will come also come forward and complain. What they did to us was not right. Just because they have a badge, gun and authority, they can’t treat us like animals. My father and brother were also beaten for no reason.”

The incident has also sparked an investigation by the FBI and another federal agency into the possible violation of the Penas’ civil rights by police. A local FBI spokesman said last week that the bureau’s findings will be forwarded 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.

A second Justice Department agency is conducting a separate inquiry into the beatings. The Community Relations Service, which has no enforcement powers, has met with Latino community leaders who complained to police about the incident. An agency spokesman said he will meet with police later this month in an attempt to mediate the differences that have arisen between police and the Latino community as a result of the fracas.

The fight also outraged San Diego Catholic Diocese officials, who have asked for an investigation. Sister Dina Marie Garcia, a nun from the Penas’ church, circulated a petition protesting the family’s treatment. The petition, with more than 400 signatures, was presented last week to Mayor Maureen O’Connor and the City Council, asking them to investigate the matter. The council took the matter under consideration.