Prosecutor Arrested in a Beating

A senior Orange County prosecutor was behind bars Monday on suspicion of attacking the boyfriend of his estranged wife as the boyfriend slept at her apartment, police said.

Deputy Dist. Atty. Donald P. Schweitzer entered the Orange home without permission about 11:35 p.m. Friday, police said, then repeatedly punched and choked Richard D. McGrath, 50. McGrath allegedly suffered cuts and bruises to his face.

Police officers called to the home followed Schweitzer to the parking lot of an Anaheim hospital, where they arrested him on suspicion of burglary and assault with a deadly weapon.

Schweitzer, who prosecutes sexual assault cases, is being held in Orange County Jail on $100,000 bail--double the amount set in most similar situations.

“Based upon the severity of the injuries, our arresting officers requested that bail be enhanced,” Orange Police Sgt. Dave Hill said.

Schweitzer’s attorney disputed the police version of events, saying the prosecutor acted in self-defense.

Schweitzer went to his wife’s home to visit his three children, ages 3 to 7, in accordance with court-ordered visiting rights, attorney Ron Brower said. When Schweitzer arrived, McGrath attacked him, Brower said. Schweitzer fought back, hurting his own hand during the brawl, the attorney said.

“He was defending himself,” Brower said. “The other person was starting the physical contact.”

Brower also criticized the high bail set for Schweitzer, saying he will ask a judge to lower the amount.

“It’s an outrageous bail,” Brower said. “He’s a former Santa Ana police officer. He’s been a [prosecutor] for over four years. Is there really some doubt that he’s going to appear on this case?”

Schweitzer, 41, has worked for the district attorney’s office for seven years. A spokeswoman for the office would not comment on the arrest but said the case is being monitored.

The state attorney general’s office has not yet decided whether to file charges against the prosecutor, said Carl H. Horst, acting senior assistant attorney general for Southern California. Schweitzer is scheduled for arraignment today.