Inmate Beating Allegation Probed

The Los Angeles County district attorney’s office is investigating allegations that two off-duty Orange County sheriff’s deputies and a Maywood police officer terrorized and threatened to hang a Maywood jail inmate whom they mistakenly thought had assaulted several officers.

Lt. David Lara, a supervisor in the district attorney’s special investigations division, said Wednesday that he is looking into the March 23 incident and that a decision whether to file criminal charges against the officers will be made soon.

Lara, whose unit investigates complaints involving the conduct of police and government officials, declined to discuss details of the alleged attack, except to say it was a “serious” matter.

Under investigation are former Maywood Police Officer Michael Elliott, who left the force amid the investigation, and Orange County Sheriff’s Deputies Ivan Budiselich and John Rice. Rice and Budiselich have been placed on administrative leave pending the outcome of the district attorney’s probe and an internal affairs investigation by their department.

None of them could be reached for comment Wednesday and Elliott’s attorney, Paul J. Geragos, declined to discuss the allegations.

Maywood Police Chief Ted Heidke said his officers conducted their own investigation after the inmate filed a complaint, but Heidke declined to discuss their conclusions because the district attorney’s investigation is pending. He said only that Elliott is no longer with the department.

Rice, Budiselich and Elliott, who reportedly are friends, also came under investigation in October, 1988, in connection with a brawl at the Whisky a Go Go in Hollywood, a popular rock club on the Sunset Strip. Four club employees were injured in the fight, but no charges were filed against any of the officers.

Elliott also was an Orange County sheriff’s deputy at the time. He left the department last year after five county jail inmates escaped from the roof where Elliott was assigned to guard them.

The Los Angeles County district attorney’s office is now investigating whether Elliott and the deputies barged into the Maywood City Jail cell of Marino D. Martillo, 29, of Huntington Park, about 2 a.m. on March 23 and beat him without justification.

Under state law, peace officers are authorized to use as much force as necessary to control a violent or potentially violent situation. But police can face assault and excessive-force charges for attacking citizens without provocation.

Martillo’s attorney, Mario F. Vazquez, alleged Wednesday that his client was beaten for five minutes after the officers, dressed in civilian clothes, entered the cell and rousted Martillo and his cellmate from their sleep. One officer pinned Martillo to his bunk and said that if he didn’t stop complaining about the police they would “hang him and make it look like a suicide,” Vazquez claimed.

Vazquez said the attack continued until a Maywood dispatcher, who doubles as a jailer, entered the cell area and told the officers to get out because they could get into trouble.

Martillo, who says he was badly bruised and suffered some hearing loss in the alleged beating, has filed a claim for an unspecified amount in damages against Elliott and the city of Maywood.

Times staff writer Tina Griego contributed to this story.