{"id":8126,"date":"2014-12-18T23:30:13","date_gmt":"2014-12-19T07:30:13","guid":{"rendered":"https:\/\/cjnotebook.com\/?p=8126"},"modified":"2015-07-08T17:21:23","modified_gmt":"2015-07-09T00:21:23","slug":"oxnard-police-commanders-testify-police-brutality-protestor-got-five-jaywalking-tickets","status":"publish","type":"post","link":"https:\/\/cjnotebook.com\/?p=8126","title":{"rendered":"Oxnard Police Commanders Testify How a Police-Brutality Protestor Got Five Jaywalking Tickets"},"content":{"rendered":"

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

Notebookventura@yahoo.com<\/strong><\/p>\n

\"Ventura<\/a>VENTURA COUNTY COURTHOUSE, CALIFORNIA<\/strong>. \u00a0– \u00a0Two Oxnard assistant police chiefs testified at a hearing on Thursday about how \u00a0the decision was made to give a leader of a community activist group five jaywalking tickets after a protest march against police brutality.<\/p>\n

A few days after the 2013 protest march, Assistant Police Chief Jason Benites<\/strong> testified that several officers gathered together to give input on how police responded during the protest and what could be done to improve security and policing of these events.<\/p>\n

Benites said the group of officers at this debriefing, including another assistant police chief , Scott Whitney, <\/strong>decided \u00a0to give community activist Francisco Romero<\/strong> five jaywalking tickets. \u00a0Benites said video evidence indicated that Romero was seen “orchestrating and leading” others to jaywalk resulting in traffic being blocked.<\/p>\n

“We felt that it was the right thing to do,” he said.<\/p>\n

Commissioner Anthony Sabo<\/strong> is hearing a defense motion to dismiss the five tickets.<\/p>\n

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

The defense alleges that this was “selective enforcement” of Romero, violating his First Amendment and \u00a0constitutional rights of equal protection .<\/p>\n

The judge scheduled another hearing for Feb. 2. \u00a0 After hearing evidence and testimony, Judge Sabo will decide whether to dismiss the jaywalking tickets or set the case for a bench trial.<\/p>\n

Romero was given five jaywalking citations totaling $1,000 for allegedly jaywalking during a 2013 march against police brutality that drew 150 protestors and 95 Oxnard officers, including undercover officers, strike teams, and SWAT units, who were assigned to the event to assure public safety and security.<\/p>\n

Romero maintains that he has been involved in several marches in Oxnard for various issues. He said he was helping protestors cross the streets safely.<\/p>\n

\"Oxnard<\/a>He claims police are trying to silence him through harassment and intimidation because he has been a vocal critic of police shootings, brutality and abuse against some Oxnard residents, mostly in La Colonia, a predominately low-income, Hispanic neighborhood. \u00a0Romero claims that his First Amendment rights are being violated.<\/p>\n

The Oct. 13, 2013 march was to protest the deaths of \u00a0young men in Oxnard:\u00a0\u00a0Alfonso Limon<\/strong> Jr and Jose Zepeda<\/strong> in Oct. 13, \u00a02012. \u00a0Before Limon was killed, Robert Ramirez Jr.<\/strong> died June 2012 under police custody, followed by the slaying of Michael Mahoney<\/strong> in August 2012, according to Romero.<\/p>\n

Romero said Limon’s family approached the group to hold a one-year anniversary protest march to commemorate the death of Alfonso Limon.<\/p>\n

In court documents, \u00a0prosecutor Susan Park s<\/strong>tated that police officers never set out to target Romero and the video recording prove that he was involved leading the crowd to commit jaywalking that stopped traffic, including temporary blocking Oxnard Boulevard while they crossed the busy street. \u00a0She has said that Romero was given the tickets because he is the only who can be identified.<\/p>\n

Benites along with Whitney testified that Romero’s name was never brought up before the march took place. He said nobody was being targeted during the 2013 march unless it was determined that the person was an extremely violent person.<\/p>\n

Benites said the\u00a0police strategy was\u00a0to “stay clear” during the march and allow protestors to exercise their First Amendment rights.<\/p>\n

“Protestors don’t get a free pass from breaking traffic laws,” Benites testified, adding that 50 to 60 other marchers were also violating traffic laws.<\/p>\n

Whitney said they didn’t plan to enforce traffic laws unless the video recordings indicated violations.<\/p>\n

The defense alleges that this was “selective enforcement” of Romero that violates his \u00a0constitutional rights of equal protection \u00a0The defense has subpoenaed 10 Oxnard officers to testify at the hearing, including Benites and Whitney.<\/p>\n

The defense has said that two of the officers – Jess Aragon<\/strong> and John Brisslinger<\/strong> who were among the nine officers involved in the Limon shooting – were assigned by supervisors to do surveillance of the protestors in 2013.<\/p>\n

The shooting of Limon resulted in the city of Oxnard 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. \u00a0Limon and his brother were walking home when they were fired upon by Oxnard officers looking for a wanted parolee Jose Zepeda \u00a0who was also killed.<\/p>\n

Romero’s lawyer Jaime Segall Gutierrez\u00a0<\/strong>focused his questions on who in the Oxnard police chain of command gave the order to give Romero the jaywalking tickets and what officers knew prior and after the 2013 march.<\/p>\n

Romero was informed that he was being given the tickets via a letter dated Oct. 29, 2013 that sent by certified mail to his house in Oxnard.<\/p>\n

Benites and Whitney said they didn’t order that Romero be ticketed.<\/p>\n

“I did not issue the command,” said Benites. ” This decision was made by the (debriefing) group.”<\/p>\n

Adding, “it’s called inclusionary leadership” where input is given by all. But he said the ultimate approval was made by police commanders. Benites said Whitney or him could have ordered that the tickets not be issued.<\/p>\n

Officer John Brisslinger<\/strong> said he was doing video surveillance and driving a vehicle at the same time during the march. \u00a0He said his video was 22-minutes long, which he reviewed after the march. \u00a0But he said he didn’t see Romero violate the law, saying it didn’t contain any \u00a0“evidentiary value.”<\/p>\n

His report stated that it had been booked into evidence but Brisslinger said that “the lady” didn’t make a correction.<\/p>\n

“It wasn’t booked into evidence,” Brisslinger testified, adding that he no longer has it because the video had been erased when it was reused on an unrelated-matter.<\/p>\n

“There is no video. It got taped out,” said Brisslinger.<\/p>\n

In an interview, Gutierrez said this Brisslinger’s video evidence was apparently destroyed and could have been used to put things into context<\/p>\n

Gutierrez has said in an interview that he plans to introduce a defense video they got from police, which has been edited. It \u00a0indicates that police were after his client and police can be heard targeting Romero, Gutierrez said.<\/p>\n

Police are heard on the video saying, \u00a0“There he is. There is Romero. There he is,'” according to Gutierrez.<\/p>\n

 <\/p>\n

The Limon Shooting was Captured on Video<\/strong><\/p>\n