Federal Inquiry Clears Deputy in Fight

The U.S. Department of Justice has concluded a Riverside County sheriff’s deputy who was videotaped hitting an arrested undocumented worker from Mexico did not violate the man’s civil rights.

“We have closed our investigation and, based on current information, do not plan to take further action,” wrote Albert N. Moskowitz, chief of the Department of Justice’s Civil Rights Division criminal section, in a three-paragraph letter.

On April 28, 2003, Francisco Padilla, 18, was stopped in a hilltop avocado grove near Temecula by Riverside County Sheriff’s Deputy Alexander Todd. Padilla had pulled his vehicle behind another car that Todd had stopped, and ultimately became involved in a scuffle with the deputy.

A portion of the deputy’s attempt to arrest Padilla was videotaped and later aired on Spanish-language television network Telemundo. It showed Todd apparently punching Padilla in the face four times before he handcuffed the suspect.

An internal investigation by the Riverside County Sheriff’s Department cleared Todd of wrongdoing. Todd, an eight-year veteran deputy, has returned to work at the Southwest sheriff’s station near Temecula.

Padilla’s attorney, Luis Carillo, labeled the sheriff’s internal investigation a “whitewash” and said it enforced officers’ “code of silence.” Carillo said Padilla was interviewed as part of the Department of Justice investigation by two FBI special agents.

“Francisco told them he was first hit by Todd while standing, and that Deputy Todd then jumped upon him and beat him on the head,” Carillo said. “They should’ve taken that into account more, how this 200-pound, big ol’ gorilla jumped on 120-pound Francisco.”

Carillo said he wanted more information about the Department of Justice investigation before he could comment on its findings. He said he was hopeful the two people who videotaped the incident were interviewed. An FBI spokeswoman declined to comment on who was interviewed.

Carillo said Padilla was “sad and disappointed,” but Carillo said they planned to “go full speed ahead” on a civil lawsuit against Todd and the county.

Meanwhile, Riverside County Sheriff Bob Doyle called the decision “great news.”

“I felt confident that once the case was thoroughly reviewed, that would be the conclusion,” Doyle said. “It was a reasonable conclusion.... [Padilla] wasn’t handcuffed, and Todd was trying to get control of him.”