SANTA ANA (CNS) – 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.
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 for the violation is typically 90 days in jail, 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 introduce the motion in a probation-violation hearing.
Lopez, who posted bail and was out of custody, had his bond exonerated Tuesday.
His sister took the video that circulated online of two officers arresting Lopez, leading to the excessive force allegations.
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.”
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 said 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.
Lopez pleaded guilty Jan. 30 to carrying a loaded unregistered gun in public, having a concealed loaded unregistered gun in a vehicle, leading police on a chase, all felonies, as well as hit and run with property damage and resisting arrest, both misdemeanors. In a separate case that same day he also pleaded guilty to carrying a loaded gun in a vehicle and possession of a controlled substance, both misdemeanors. He was sentenced to 20 days in jail and placed on two years of formal probation.
According to the probation violation petition, the officers were patrolling at Fifth and Jackson streets “due to a recent increase in gang- related violent crime.”
When the officers approached 318 N. Jackson St. they spotted Lopez in the middle of the road, the petition alleges. The officers allege he was wearing a cap with a logo they suspect represents a local gang.
The officers allege he was smoking marijuana and began patting him down for weapons, according to the petition.
The officers alleged Lopez “became hostile, raised his voice and became agitated,” the petition states.
“Officers attempted to de-escalate the situation, and upon attempting to place the probationer in handcuffs, it was reported that the probationer pulled away and resisted,” the petition alleges. “Ultimately, the probationer was taken into custody, and a probation hold was placed.”
Probation officers recommended 90 days in jail for Lopez.
A rally to support Lopez was scheduled for 6 p.m. Wednesday in front of the Santa Ana Police Department.
Santa Ana Police Chief Robert Rodriguez released a statement saying he was aware of the video involving Lopez’s arrest.
“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.”