Monterey County sheriff's deputies focus of excessive force claims

Grand jury asked to investigate incidents in Castroville
BY SUNITA VIJAYAN • svijayan@thecalifornian.com • December 26, 2009

The North Monterey County Chapter of the League of United Latin American Citizens wants the grand jury to investigate its claims of excessive force being used by Sheriff's deputies.

The request to the grand jury was made this week before a press conference scheduled for today to discuss LULAC's complaints against the deputies and members of the county joint gang task.

The press conference is set for 11 a.m. today at the Castroville Library Plaza, 11160 Speegle St. A LULAC official said the group also would provide details of a complaint filed against the Sheriff's Office with the U.S. Department of Justice.

The excessive-force allegations are contained in a Nov. 20 formal complaint filed at the Sheriff's Office on behalf of three Castroville residents. LULAC accuses the county joint gang task force and deputies of using excessive force, child endangerment and elder abuse during Operation Disrupt in June.

In a Dec. 19 letter to county grand jury foreman Darlene Billstron, LULAC says: "It could have been tragic for the 80-year-old lady who was awaken at 3:45 a.m. by three men dressed in black."

The letter, sent by LULAC criminal justice representative Crescencio Padilla, continues:

"They were pointing the weapons at her and her son. They were handcuffed together and were taken to the living room. She saw her son, Pablo Gutierrez, on the floor. One officer had his foot over his face and two others were pointing their weapons at him. Pablo kept saying, `What do you want?' The officer kept telling him to shut up."

Sheriff's Cmdr. Mike Richards said the signed complaint forms of the three residents mentioned in the complaint have been received. Few details were available because the case is ongoing, Richards said.

"We investigate every allegation efficiently, thoroughly and competently," he said.

Under the law, the Sheriff's Office has up to a year to investigate such complaints.

The Monterey County Superior Court said it is entirely "up to the discretion" of the civil grand jury to decide whether to look into the complaints.

The formal complaints come more than two years after residents gathered at a pair of community meetings to talk about alleged racial profiling by sheriff's deputies and five months after LULAC held a joint press conference with the law enforcement agency urging witness cooperation following a series of gang-motivated shootings.

Padilla said today's news conference stems from the frustration created by the inaction of the Sheriff's Office since the joint news conference in June.

"We were trying to cooperate and then what happened?" said Padilla. "When we started cooperating [along] with the community, they started harassing the community. How do they expect the community to help when [the residents] are harassed?"

http://www.thecalifornian.com/article/20091226/NEWS01/912260303/1002/Monterey-County-sheriff-s-deputies-focus-of-excessive-force-claims