Newport Beach man charged in assault on Uber driver

A Newport Beach man was charged Tuesday in connection with an assault on an Uber driver that was recorded on a dashboard camera and posted online.

Benjamin Golden, 32, was charged with four misdemeanor counts, including assault on public transportation property, battery on a public transit employee with injury, assault and battery. If convicted, he could face a maximum sentence of one year in jail and a $10,000 fine, according to the Orange County district attorney’s office.

Golden was taken into custody shortly after 8 p.m. Friday at a Costa Mesa shopping center where his Uber driver had parked in order to get him out of the car, Costa Mesa police Sgt. Jerry Souza said.

The driver, Edward Caban, told police that Golden repeatedly hit him and pulled his hair, prompting him to respond by pepper-spraying Golden He shared video of the incident with police.

Golden’s employer, Irvine-based Taco Bell, said Monday that he is no longer working as a corporate manager for the company.

He also has been banned from using Uber, according to Kayla Whaling, a spokeswoman for the ride service.

Caban posted a clip on YouTube showing what he said were the final minutes of the ride. Souza verified that the online video is the same one police reviewed.

In the video, Caban’s passenger argues with him about directions. The driver eventually pulls into the parking lot of the shopping center in the 1800 block of Newport Boulevard, where the altercation allegedly occurred. As Caban turns into the parking lot, the passenger is seen falling over in his seat.

The two continue to argue and Caban orders the passenger out of the car. The dispute escalates, and the passenger refuses to leave, instead requesting that Cuban take him to Park Newport, an apartment complex near Jamboree Road.

“Get out of my car or I will call the police,” Caban says.

The passenger opens his door, then repeatedly strikes the driver, shouting expletives at him and pulling his hair. Caban then pepper-sprays the man.

According to Newport Beach Deputy Police Chief David McGill, Caban picked up Golden in a parking lot on the Balboa Peninsula, adding that Golden appeared to be intoxicated. Given the close proximity of bars to one another in that area, McGill said it is unclear where Golden was served that night. He said police are trying to determine that.

After the investigation is complete, police likely will send their findings to the California Department of Alcoholic Beverage Control, which compiles data to use for enforcement against operators who have a trend of over-serving patrons, McGill said. Operators that Alcoholic Beverage Control believes consistently over-serve can be fined and risk losing their liquor licenses.

“That’s part of the problem we’ve been dealing with for years,” McGill said. “We’re not anti-fun, but we’re anti-problems.”

The Balboa Peninsula is sometimes referred to as “Zooport,” a nickname derived from its party atmosphere. However, city officials and many bar and restaurant owners say they are trying to clean up that image.

Mayor Pro Tem Diane Dixon, who represents the area on the City Council, has been encouraging restaurant and bar owners this year to ramp up security and put bartenders and other employees through training programs to help them determine when alcohol to a patron should be cut off and how to handle other problems that can arise from intoxicated customers.

Dixon called Friday’s incident “very unfortunate.”

“Self-regulated operational behavior is going well, so hearing this was surprising to me,” she said. “I don’t want this to be a black mark on the restaurant and bar owners, because occasionally these types of incidents happen.”

During Golden’s arraignment, scheduled for Nov. 17, prosecutors plan to request that he be held with bail set at $20,000. He is currently free on a written promise to appear in court.

He could not be reached for comment.

A statement from Taco Bell Corp. said: “Given the behavior of the individual, it is clear he can no longer work for us. We have also offered and encouraged him to seek professional help.”

Whaling said Uber officials have been in contact with Caban and the company is glad he is “doing OK.” She declined to comment on whether Uber drivers typically use dashboard cameras or whether the company encourages drivers to carry pepper spray.

Caban told KNBC-TV/4 that the attack has made him want to stop working as an Uber driver.

“I wanted to make sure he didn’t get away,” Caban said. “I have lost so much money on people like him, and I’m done dealing with it. They take the food right out of my mouth.”

Hamilton writes for the Los Angeles Times. Fry is a Daily Pilot staff writer.