INS Officer Found Guilty in Beating of Immigrant

A federal immigration officer was convicted Thursday of violating a Cuban immigrant’s civil rights by striking him, slamming him against a wall and cursing him abusively at a detention center in San Pedro.

INS Officer Paina Moeai was found guilty of using unreasonable force in assaulting Enrique Pereira-Grau, a legal immigrant who had escaped from the INS processing center in San Pedro while officials sought to deport him in October 1994.

Moeai and other officers captured Pereira-Grau several miles from the detention center, handcuffed him and brought him back in an INS van. The federal government charged Moeai with abusing Pereira-Grau in the van and the detention center, but the jury deadlocked on the first count.

Pereira-Grau was subject to deportation after he had been convicted of burglary and auto theft and had served time in state prison. Because the United States does not have diplomatic relations with Cuba, however, he was never deported. Pereira-Grau now lives in Los Angeles. He testified at the weeklong trial about his injuries, including loss of consciousness and wounds that required emergency room treatment.

For the criminal conviction of violating Pereira-Grau’s civil rights, Moeai can be sentenced to a maximum 10 years in prison and $250,000 fine. Sentencing is set for June 3.

Moeai’s lawyer could not be reached for comment. Federal prosecutors held out their victory as a warning to other law enforcement agents. They contended that Moeai hit Pereira-Grau in the face, threw him against a wall, choked him and beat him with a flashlight, even though the victim showed no signs of resistance.

“It’s one thing to not be allowed to reside in this country, but it’s another thing altogether to suffer abuse at the hands of those entrusted with your care,” U.S. Atty. Nora M. Manella said. “We know in every office, there are the proverbial bad apples, and it’s our job to go after them.”

Satisfied with the conviction on one count, prosecutors will not seek to retry Moeai on charges of abusing Pereira-Grau in the INS van.