Oxnard Officer Charged With Assaulting Suspect

The Ventura County district attorney’s office has charged an Oxnard police officer with assault in a criminal complaint alleging that the officer kicked a suspect in the head while he was being handcuffed by another officer, police said.

Police Officer Kenneth Dellinger will be relieved of his duties with pay until criminal and administrative proceedings are completed, according to a statement from the Oxnard Police Department.

The statement said the district attorney’s office filed the complaint with the Ventura County Municipal Court, contending that Dellinger committed an assault “under color of authority,” or while he was on duty, against Guillermo Hernandez, 20.

Dellinger, who has been with the department for 21 years, could not be reached for comment. Neither a spokesman for the district attorney’s office nor Hernandez were available for comment.

Sgt. Gene Thayer said that in cases such as Dellinger’s, “as far as I can recollect . . . (it) is not uncommon for a person to be put on administrative leave.”

Thayer did not know how long Dellinger would stay on administrative leave, saying only that he would remain off duty until “criminal and administrative procedures” are completed.

It is the second time in a year that Dellinger has been the subject of an investigation by the district attorney’s office after being accused of improper action while on duty. He was cleared in the first case, which took place in December, 1990.

The incident involving Hernandez occurred Sept. 13 at 9:20 p.m. after a convenience store robbery, which Dellinger observed, police said. Dellinger pursued three robbery suspects, one of whom was Hernandez. The suspects threw full cans of beer and rocks at Dellinger, and one rock struck Dellinger in the back, police said.

A second officer caught Hernandez and was handcuffing him when Dellinger kicked Hernandez in the head, police said.

Oxnard police detectives investigated the incident and submitted the case Sept. 17 for review by the district attorney’s office, police said.

In connection with the 1990 incident, Umbertino O. Ayala, 60, filed a $450,000 claim against the city of Oxnard after Dellinger shot him three times. Ayala contended that he had posed no threat to Dellinger.

Police officials defended Dellinger, saying that Ayala was shot in front of his residence after he aimed a loaded gun at the officer.

The district attorney’s office cleared Dellinger, saying he shot Ayala in self-defense, and also declined to press charges against Ayala.