Deputy Appeals Decision to Fire Him Over Beating

A Riverside County sheriff’s deputy slated to be fired because of the videotaped beating of illegal immigrants is appealing that decision, and his attorney said he plans to show how the incident looks different “from the shoes of Tracy Watson rather than the cockpit of a helicopter.”

Michael Stone, Watson’s attorney, said Tuesday he is confident he can demonstrate that Watson did not use unjustifiable force after the 80-mile chase of a truckload of illegal immigrants from Temecula to South El Monte.

“Any case when you have use of force, when you have a rapidly changing environment that is highly charged, you are in a very tough position when you start second-guessing the officer,” Stone said.

“The Supreme Court has said that you have to look at things as the officer did, not with 20-20 hindsight. “That’s what we want the trier of fact to do.”

News helicopters videotaped Watson and Deputy Kurt Franklin using their batons to beat two immigrants after a chase in which people in the truck allegedly threw things at pursuing officers.

Stone said that Watson was trying to make an arrest and that anyone deciding whether to uphold or overturn the decision by an administrative panel to fire Watson will have to consider the danger and emotion of the chase.

“I know that at the end of a pursuit, every sight, every sense is heightened and subject to some distortion,” Stone said. “He may have been reacting to things that others might not react to, but that’s not the point.”

Stone is negotiating with the Sheriff’s Department to set a date for Watson’s appeal. Watson had until today to request an appeal. He has the right to a hearing before Sheriff Larry Smith and then before an outside arbiter.

On Monday, a federal judge refused a request by Riverside County to dismiss a lawsuit filed by Watson against the county, Smith and four other deputies.

Judge Robert J. Timlin refused to dismiss Watson’s allegation that his constitutional rights were violated when he was ordered to prepare a report on the April 1 incident without being allowed to talk to his attorney or the president of his labor organization.

Watson wants the court to prohibit the report from being used in any criminal case against him.

The county has asserted that the chase was not a “major incident” and thus that Watson had no right to an attorney or representative. But Timlin said the incident was definitely major because it could lead to criminal charges.

The Los Angeles County district attorney’s office and the U.S. attorney are considering criminal charges against Watson and Franklin.

Franklin was notified last week that the Sheriff’s Department plans to suspend him without pay for a month.