2 Officers Charged With Undue Force in Transient’s Death

Two Los Angeles police officers have been charged with use of excessive force in the death of a transient in MacArthur Park last year, after witnesses said the officers beat and kicked the man, shoved him against a wall, allowed him to fall face down on the pavement after handcuffing him, and stuffed him head first into a shopping cart.

Raymond Diaz Triana, age and hometown unknown, was pronounced dead at Queen of Angels hospital 90 minutes after the incident began last New Year’s Day. The coroner’s office listed the cause of death as “acute subdural hematoma”--or pressure caused by bleeding beneath the skull. An autopsy also revealed a right arm fracture, a ruptured testicle and bruises and cuts. Alcohol and cocaine were found in Triana’s blood.

The district attorney’s special investigations division filed the felony complaint against Officers Stephen Geon, 43, and Jose Salazar, 31, after an extensive investigation by the Police Department’s Internal Affairs Division. The officers surrendered Tuesday and were released on their own recognizance, pending arraignment Jan. 19.

The complaint charges the pair with “unnecessarily assaulting or beating any person . . . under color of authority,” a felony punishable by up to three years in prison and/or a fine of up to $10,000. The case represents one of the few times the Los Angeles district attorney has attempted to prosecute peace officers for alleged use of excessive force.

The D.A.’s special unit has investigated 35 excessive force cases against the LAPD during the last four years but filed charges in only two, statistics show. The Sheriff’s Department has referred 26 such cases to the district attorney and charges were filed in five.

Roger Gunson, new head of the special investigations division, declined to discuss the case. But district attorney’s spokeswoman Sandi Gibbons said manslaughter charges were not filed because there were conflicting reports by the county coroner and an independent coroner as to whether the alleged police actions directly caused Triana’s death.

The Los Angeles County medical examiner’s office ruled that the death was accidental, probably caused by a fall. An independent expert, however, concluded that Triana died at the hands of police.

Geon’s lawyer, Michael Stone, could not be reached for comment, but attorney Paul DePasquale, who represents Salazar, said his client will plead not guilty.

Geon, a 17-year veteran, and Salazar, who has been on the force seven years, face related administrative charges in the beating case. Both have been relieved from duty without pay pending an LAPD Board of Rights hearing.

According to police and court records, two paramedics were treating another transient in the park just west of downtown Los Angeles on the afternoon of Jan. 1, 1989, when a crowd gathered and a man began lobbing bottles over a wall. The paramedics called for police backup, and Salazar and Geon responded.

What then transpired was witnessed by the two paramedics, a firefighter and nearly 15 transients, some of whom gave statements to investigators.

Geon first struck a bystander with his baton, eyewitnesses said. Then, when Triana was identified as the bottle-thrower, the officers allegedly struck him with their batons, causing him to fall to the ground, striking the back of his head.

According to his girlfriend, one of the officers then yelled a racial epithet at him.

They picked him up and allegedly pushed him headfirst into a restroom wall, then handcuffed him. As the officers walked him toward the police car, he fell to the ground, striking the concrete patio with his head.

The officers then allegedly placed him in a shopping cart, which tipped over. The police car was driven nearer, then Triana was placed face down in the back seat, witnesses said.

Arriving at the Rampart Division police station, the officers poured water on him when he did not respond to orders to get out of the car. They then noticed he was no longer breathing, according to police records.