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City Settles Brutality Suit Involving Officer Charged in King Case : Police: Laurence M. Powell struck a man with a baton in a 1989 arrest, fracturing his elbow.

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TIMES STAFF WRITER

City officials said Tuesday they have agreed to pay a $70,000 settlement to a Salvadoran factory worker who filed a police brutality lawsuit against Laurence M. Powell, one of four Los Angeles police officers charged in the beating of Rodney G. King.

Salvador Castaneda, 36, suffered a fractured elbow in the October, 1989, incident, in which Powell struck him with a police baton. Powell and a partner had been called to a fight on Arlington Avenue in the Mid-City area.

Castaneda was armed with a machete but dropped it when he saw the officers, according to Powell’s report. Powell said he struck Castaneda when the suspect raised his arm “in a threatening manner.”

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Thomas C. Hokinson, a senior assistant city attorney in charge of civil liability, said the $70,000 payment is subject to approval by the City Council. He declined further comment.

“The city didn’t have a lot to gain by trying the case, given the notoriety of the defendant,” said James A. Prietto, Castaneda’s attorney. “I think it was a good case (for the city attorney) to settle. . . . My client is glad it’s over.”

Powell, 28, a three-year Police Department veteran, has been charged in the King case with assault, using excessive force under color of authority and filing a false police report.

The Los Angles County Grand Jury also indicted Sgt. Stacey C. Koon and Officers Theodore J. Briseno and Timothy Wind.

Castaneda was hospitalized in the incident and required surgery. He was charged with misdemeanor assault with a deadly weapon, but the case was dismissed. Castaneda’s lawsuit, which was filed in May, 1990, originally listed the city and several unnamed police officers as defendants.

Prietto said he was given only Powell’s last name, first initial and serial number by police. He said he did not realize that Powell was linked to the King beating until March 15, when he read a newspaper article about the incident.

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Castaneda, a Los Angeles resident and fabric cutter, only remembers being struck twice with a baton and thinks the first blow was to the back of his head, his attorney said.

Powell at the time was assigned to the Police Department’s Wilshire Division. His partner that night, Officer Jacqueline Russell, said in a deposition that Powell struck Castaneda one to five times, Prietto said.

In his report Powell stated: “I grabbed (Castaneda’s) left arm and ordered him to stop. . . . (Castaneda) came towards me and raised his (right) arm in a threatening manner. I struck (defendant) with my baton to overcome his resistance and took him into custody.”

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