{"id":6769,"date":"2014-10-21T23:32:40","date_gmt":"2014-10-22T06:32:40","guid":{"rendered":"https:\/\/cjnotebook.com\/?p=6769"},"modified":"2014-10-22T06:09:46","modified_gmt":"2014-10-22T13:09:46","slug":"dozen-oxnard-officers-testify-jaywalking-tickets-given-community-activist-protest-march","status":"publish","type":"post","link":"https:\/\/cjnotebook.com\/?p=6769","title":{"rendered":"A Dozen Oxnard Officers to Testify About Jaywalking Tickets Given to Vocal Critic of Police Brutality"},"content":{"rendered":"

BY RAUL HERNANDEZ<\/strong><\/p>\n

American Justice Notebook Reporter<\/strong><\/p>\n

\"Ventura<\/a>VENTURA, CALIFORNIA \u2014\u00a0<\/strong>A defense lawyer wants a judge to dismiss the year-old \u00a0jaywalking case – the People vs. Francisco Romero<\/strong> \u00a0– \u00a0because, he says, Oxnard police targeted \u00a0Romero who is a vocal critic on police brutality.<\/p>\n

Prosecutors, however, argue that Romero was identified and video-recorded jaywalking five times, \u00a0failing to yield to vehicles during a protest march held in October 2013 \u00a0against police brutality and abuse. A week later, he received a certified letter stating that he had been given five citations, which have fines totaling as much as $1,000.<\/p>\n

Tuesday, Romero’s lawyer Jaime Segall Gutierrez,<\/strong> of Whittier, and Deputy District Attorney Susan Park<\/strong> were in a court hearing in\u00a0Commissioner Anthony Sabo’s \u00a0<\/strong>court at Ventura County Superior Court.\u00a0Gutierrez filed a motion to toss out Romero’s five jaywalking citations, citing constitutional issues.<\/p>\n

\"Francisco<\/a>
Francisco Romero<\/figcaption><\/figure>\n

Defense witnesses subpoenaed for this hearing which began Tuesday include a dozen Oxnard police officers and some family members of victims fatally shot by Oxnard police or\u00a0who have died\u00a0while under police custody in Oxnard.<\/p>\n

Only one witness testified Tuesday, Oxnard’s Police Department’s Operations Chief Eric Sonstegard, who put together a plan on how law enforcement would handle the October 13, 2013 march.<\/p>\n

The hearing was postponed until Oct. 29 because of Commissioner Sabo’s conflicting court schedule.<\/p>\n

The trial has been tentatively set for Nov. 5.<\/p>\n

After months of legal haggling, a handful of judges making rulings on the matter and several prosecutors assigned to handle the legal proceeding, the case \u00a0is now being prosecuted by the Ventura County District Attorney’s Office after Oxnard city attorneys turned it over to them.<\/p>\n

The defense’s case file that includes court documents and police reports is nearly six-inches wide<\/p>\n

In an interview, Park said she didn’t know whether this was the first jaywalking \u00a0case that has taken a year to prosecute or whether other jaywalking prosecutions have included police surveillance video recordings as evidence. \u00a0Park said if she had this information, she probably couldn’t release it while Romero’s case is pending.<\/p>\n

Gutierrez claims they had to go to court three times to get video tapes from the city of Oxnard after judges ordered prosecutors to turn them over to the defense as part of the discovery process, which is when both sides exchange \u00a0information. Gutierrez\u00a0blames the police department for “dragging their feet” to give them the surveillance videos.<\/p>\n

“This is all that we have,” Gutierrez said prosecutors told him, accusing the Oxnard Police Department of hiding evidence from him and prosecutors.<\/p>\n

Gutierrez maintains\u00a0that police targeted his client to simply silence \u00a0Romero who often goes to city council meetings to speak about police abuse and brutality. \u00a0Gutierrez noted that Romero ran for the Oxnard City Council \u00a0in 2006 and got 7,000 votes.<\/p>\n

The 1975 Murgia vs. Municipal Court Case<\/strong><\/p>\n

Gutierrez told Sabo that \u00a0“selective enforcement” violates Romero’s constitutional rights of equal protection under the law, citing the 1975 Murgia vs. Municipal Court case to support the defense’s motion to dismiss.<\/p>\n

The California Supreme Court ruled in the Murgia case that a defendant may be entitled to a dismissal of criminal charges if they can prove that there was selective prosecution for improper purposes.<\/p>\n

Gutierrez said Romero was the only person to be cited for jaywalking during the peaceful protest, saying that his client was helping others cross the street in a safe manner.<\/p>\n

In response to Gutierrez’s motion to dismiss the case, Park stated in a nine-page document that Romero was the only one given the jaywalking infractions because nobody else violating the law could be identified. Also police knew Romero’s address where they could mail the citations, Park said.<\/p>\n

“He was observed leading others to break the law by failing to yield to vehicles in the roadway and leading others to do the same,” Park stated. \u00a0“He placed the lives of 150 of the participants of the march in danger but also putting drivers and others standing by on the road that day in danger.”<\/p>\n

Romero’s case began when he received a letter dated Oct. 29, 2013 from the Oxnard Police Department. Romero, \u00a0who is one of the leaders of the Todo Poder al Pueblo Collective<\/strong>, learned that he had been given the five \u00a0citations and video recorded by an undercover Oxnard police officer who was driving a vehicle and assigned to monitor the Oct. 13, 2013 march.<\/p>\n

The 2013 Protest March and the Oct. 12, 2014 Protest<\/strong><\/p>\n

The 2013 protest drew 150 protestors and 95 Oxnard officers, including undercover officers and SWAT units\u00a0who\u00a0were assigned to the march as part of a police plan to keep tabs on the demonstrators, according to law enforcement documents. \u00a0Uniformed police weren’t visible during the two-mile trek, which began at Camino del Sol Park and ended in front of \u00a0police headquarters.<\/p>\n

The march was also \u00a0held to protest \u00a0the fatal shooting by police of Alfonso Limon Jr., a year earlier on Oct. 12, 2012. \u00a0Limon and his brother got caught up in a running gun battle between police and a wanted parolee in a predominately low-income neighborhood, La Colonia in Oxnard.<\/p>\n

The March Against Police Brutality in Oxnard on Oct. 12, 2014 tied up traffic briefly but it was peaceful as about 150 protesters walked from Camino del Sol Park in La Colonia to the downtown police department headquarters where the group gave speeches.<\/p>\n

Six \u00a0makeshift coffins represented \u00a0people who \u00a0died while under police custody or were fatally shot by officers were carried by protestors to police headquarters.<\/p>\n

Pueblo Collective along with Limon’s family are demanding that officers involved in \u00a0the shooting of \u00a0Limon \u00a0be held accountable.<\/p>\n

The shooting of Limon resulted in the city of Oxnard<\/a> having to pay $6.7 million to settle the wrongful death lawsuit filed by Limon\u2019s family which is the largest wrongful death settlement for the city of Oxnard. Limon was shot between 16 to 21 times by four officers as he lay on the ground, according to the Limon family lawyer Adam Shea.<\/p>\n

Gerardo Limon who was with his brother when he was fatally shot is still traumatized and hasn\u2019t talked to his family about the shooting, \u00a0according to Elliot Gabriel, a spokesman for Pueblo Collective.<\/p>\n

The Ventura County District Attorney\u2019s Office reviewed the Alfonso Limon shooting and ruled that it was \u201clegally justified and not a criminal act.\u201d<\/p>\n

Police Operations Chief Eric Sonstegard Testimony<\/strong><\/p>\n

Oxnard Police Chief Eric Sonstegard testified at Tuesday’s hearing for nearly an hour about a plan he and other commanders put together. He said the plan was to make sure protesters were allowed to exercise their constitutional rights and address public safety concerns. \u00a0 He testified that he is aware of \u00a0Pueblo Collective because of the Internet but isn’t familiar with what their “mission statement is.” \u00a0Sonstegard said the protesters didn’t have a permit to march.<\/p>\n

Gutierrez’s \u00a0questioning focused on Romero and what Sonstegard knew about him and his activities. \u00a0Sonsgtegard described how Romero impeded traffic. \u00a0He testified that he couldn’t say whether Romero was helping people cross the streets.<\/p>\n

“He was standing out in the middle of Oxnard Boulevard blocking traffic,” Sonstegard said. “There were other people in the middle of the road.”<\/p>\n

Sonstegard said Romero was encouraging others to break the law by walking in the middle of the street and stopping traffic. \u00a0He said \u00a0there have recently been six or seven Pueblo Collective protest marches.<\/p>\n

“I think I’ve been at five of them,” said Sonstejard, adding that it was difficult to identify other people on Oct. 13, 2013.<\/p>\n

“We are aware of Mr. Romero. We know who he is,” Sonstegard testified. He said police officers, however, weren’t focused on Romero during the march.<\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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