D.A. Dismisses Flinn Police Brutality Charges

Uncertain that they could win a conviction at a second trial, prosecutors decided Friday to dismiss two charges of police brutality against an Oxnard cop accused of using excessive force on two fleeing suspects more than a year ago.

Last week, a Ventura County Superior Court jury acquitted Officer Robert Flinn, 29, on two counts of assault under the color of authority and deadlocked on two other charges.

Although prosecutors had the option to retry Flinn on those counts, Deputy Dist. Atty. Michael K. Frawley said another trial would be futile.

“We really couldn’t find something to put our finger on that would tell us it would turn out better the next time,” Frawley said Friday. “It wasn’t like we held back any evidence. We gave it our best shot.”

Some jurors sharply criticized Frawley and the district attorney’s office for filing charges against Flinn in the first place.

But Superior Court Judge Steven Z. Perren, while not responding directly to such comments, said Friday that prosecutors had no choice but to file the case after a fellow officer accused Flinn of using excessive force.

“The district attorney was presented with a case where a police officer reported seeing another police officer engaging in unlawful behavior which was corroborated by others,” Perren said during a brief court hearing.

“I believe the district attorney acted responsibly in filing the case,” he continued. “I really don’t think you have an alternative.”

The jury deadlocked 7 to 5 in favor of an acquittal on a charge that Flinn hit robbery suspect Juan Lopez on the head with a flashlight after a foot chase on Jan. 27, 1996.

The panel also deadlocked 11 to 1 for acquittal on a separate charge that Flinn kicked suspect Victor Aguiar in the face on Dec. 27, 1995.

The jury unanimously found Flinn not guilty of charges that he hit Lopez and struck him with a knee to the face after knocking him to the ground.

After Friday’s hearing, Flinn said he was pleased with the decision to drop the charges.

A five-year police veteran, Flinn said he was eager to get his job back with the Oxnard Police Department, which plans to conduct an internal investigation into the charges.

“I was a good cop, I am a good cop,” said Flinn, who has been on unpaid leave since August. “I want to go back to work.”

During the trial Cmdr. John Crombach told the jury that Flinn was an exceptional police officer who rated above average on the department’s evaluations.

His testimony sharply contrasted Frawley’s descriptions of the officer, whom he described as a “bully with a badge.”

More than a dozen officers and top brass with the Oxnard Police Department testified during the trial, as well as the two men who claimed to be victims of excessive force.

On Friday, one of those men, Juan Lopez, lashed out at a justice system he says failed him and criticized prosecutors for dismissing the charges.

“I don’t think that’s fair,” said Lopez, who has filed a civil lawsuit against the department. “I was the one who got beat up. I am the one who was hurt. . . . I don’t think justice was served right.”