A 28-year-old man whose filmed arrest in Santa Ana prompted allegations of excessive force had his case dismissed Tuesday, but he will still face a hearing on a probation violation, his attorney said.
Florentino Lopez was charged earlier this month with a felony count of resisting arrest, a misdemeanor count of resisting a peace officer, a misdemeanor count of smoking marijuana near a school or daycare center and an infraction for being a pedestrian in the right of way outside of a crosswalk.
Prosecutors dismissed the case Tuesday, but will pursue a probation violation, his attorney, John Kremer said.
The potential punishment is lesser, with a typical term of 90 days, although that can be negotiated with a judge, Kremer said.
“But in this case we’re pursuing a full-blown hearing,” Kremer said. “A pedestrian in the middle of the street? What kind of charge is that? Smoking marijuana in public is an infraction.”
The attorney said he was “looking forward” to questioning the officers involved in the hearing.
Kremer speculated that prosecutors may have wanted to avoid a Pitchess motion, which is a legal term for requesting the personnel record of the officers involved. The attorney said he would research whether he can still run the motion in a probation hearing.
Lopez, who posted bail and was out of custody, had his bond exonerated Tuesday.
His sister took the video that was circulating online of two officers pummeling Lopez.
During Tuesday’s Orange County Board of Supervisors meeting, Supervisor Vicente Sarmiento praised the Santa Ana City Council for hiring an outside expert to review the arrest.
“I think what troubles me is we have incidents like this and they are not investigated,” Sarmiento said.
The vast majority of police officers “do solid work,” Sarmiento said, putting the percentage at 95%. “But, unfortunately, these incidents are not investigated thoroughly or well,” he said.
The supervisor said it appeared Lopez was “certainly saying a lot of things, but a verbal act does not warrant a beating.”
Sarmiento said he hoped that Orange County District Attorney Todd Spitzer would scrutinize the arrest.
“I’m certainly hopeful the district attorney will take a look at this,” Sarmiento said. “It’s extremely disturbing video if you haven’t seen it.”
Lopez and the officers were “jawing back and forth” before the arrest turned violent at about 9:30 p.m. Oct. 1, Kremer said.
“When you go throw a guy down like an MMA fighter, that’s not part of their training,” the attorney charged in an earlier interview.
Lopez is on probation, so when the officers pulled up to the home they summoned him, Kremer said.
“The next thing he knows they’ve got him up against the patrol vehicle, arms twisted behind his back,” he said.
Then, “without warning,” Lopez was “thrown down to the asphalt like an MMA fighter and he (a police officer) grounds and pounds him in the face with the other officer kneeing and kicking him … like a punching bag for three minutes.”
Other officers arrived on the scene and “restored order, cuffed him and took him away,” Kremer said.
Santa Ana Police Chief Robert Rodriguez released a statement saying that he was aware of the video involving Lopez’s arrest near Jackson Street and Fifth Street.
“I have personally reviewed the video and want to assure our community that we take every use of force seriously,” Rodriguez said in the statement. “Our department is conducting a through review of the incident, including body-worn camera footage, reports, and the circumstances surrounding the arrest.”
Rodriguez added that it was “important that we allow that process to take place and let the facts guide our conclusions. As chief, maintaining the trust of our community remains a responsibility I take seriously, and we will continue to approach this matter with fairness, transparency, and respect for the process.”