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Long Beach Offers to Pay $375,000 in Beating Case : Law: Officials reach tentative agreement with brothers who said police struck and kicked them in 1986 incident.

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TIMES STAFF WRITER

Long Beach officials have tentatively agreed to pay $375,000 to two brothers who said they were handcuffed, beaten and kicked in the driveway of their home by police officers investigating a noise complaint nearly nine years ago, it was announced Monday.

The settlement came Thursday after a Superior Court jury in Long Beach found the city and officers liable for damages in the incident involving residents Guillermo Irigoyen, 50, and his brother, Juan, 43.

The jury had resumed deliberations to set monetary damages when the two sides reached a tentative agreement, which is to be submitted today to the City Council.

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The two men suffered injuries to their heads, backs and arms as a result of the beatings in June, 1986, according to the complaint, which said they have needed continuous psychiatric care since.

The clash occurred about midnight after police arrived at the Irigoyens’ home to investigate a disturbing-the-peace call. Officers Phil Candelaria and James Creager apparently approached the house’s open garage, where the two men were listening to music. The policemen did not identify themselves, according to the suit. The attorney for the brothers described the uniforms the officers wore as ink blue and difficult to see in the dark.

Unaware that the approaching men were officers, Guillermo threatened them with a bottle and ordered them off his property. The officers then apprehended the brothers, handcuffed them and threw them to the ground. The brothers were struck with batons and kicked, according to testimony.

The Irigoyens were arrested and charged with assaulting a police officer, resisting arrest, public intoxication and disturbing the peace. They pleaded no contest to disturbing the peace and paid a fine.

The complaint was filed against the city and the officers shortly after the incident, but it was stalled after the brothers’ first attorney was unexpectedly disbarred on an unrelated matter, said attorney Scott F. Craig, who took over the case in 1990.

The officers also were accused in the complaint of illegally searching the Irigoyens’ home and filing false police reports about the incident.

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Assistant City Atty. Robert Shannon said he could not comment on the award because the Long Beach City Council had not approved it.

Neither officer could be reached for comment. Candelaria still works as a police officer for the city. Creager is a detective in Vancouver, Wash., a Long Beach Police Department spokeswoman said.

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