OXNARD : Officer Convicted of Kicking Suspect

An Oxnard police officer has been convicted of assaulting a robbery suspect while the man was being handcuffed by another officer last September.

Officer Kenneth Dellinger entered a no-contest plea Tuesday to a misdemeanor charge of assault under color of authority. Ventura County Municipal Judge Thomas J. Hutchins sentenced Dellinger to three years’ probation and restitution for any expenses incurred by the victim, Guillermo Hernandez of Oxnard.

The charge carries a maximum penalty of a year in jail and a $2,000 fine.

Oxnard police said the incident occurred about 9:20 p.m. Sept. 13 when Dellinger was chasing three robbery suspects, including Hernandez, 20. The suspects threw rocks and cans of beer at the officer, one of which struck him in the back, investigators said.

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

There was insufficient evidence to charge the robbery suspects, but Oxnard police took the case against Dellinger to the district attorney’s office, which decided to charge him.

“I feel this was an isolated incident,” Deputy Dist. Atty. Stephen J. McLaughlin said of Dellinger, who is a 17-year veteran of the Oxnard department. “He has no record of using undue force.”

Dellinger has been on paid leave since the incident. Now that the criminal case has been resolved, a departmental investigation will be launched to determine whether discipline or dismissal is warranted, Assistant Chief James Latimer said. That inquiry will take about two weeks, he said, adding that Chief Robert Owens will decide on any disciplinary measures.