Sunday
Aug292004
City Council Candidate Settles Police Brutality Suit
Sunday, August 29, 2004 at 10:39PM - Originally published in the Contra Costa Times on August 28, 2004[here
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By Rebecca Rosen Lum
Richmond resident Andres Soto has settled his civil rights suit against the city stemming from alleged police brutality during the 2002 Cinco de Mayor festival for $150,000.
"We're hoping it sends a message," said Soto, who has announced his candidacy for City Council. "We settled this to put it behind us and move forward, and part of the moving forward requires the City Council to sign off on it forthwith."
The City Council has 60 days to sign the agreement. The matter is expected to be taken up in closed session Sept. 14. Neither the mayor nor city attorney could be reached for comment.
Soto and his sons, Che and Alejandro Soto-Vigil, were returning to their Lowell Avenue home from a Cinco de Mayo festival in Berkeley shortly before 7 p.m. May 5, 2002, when they saw police clearing a stretch of 23rd Street after an illegal "sideshow."
In the $1.7 million federal lawsuit, Soto would later claim the police unleashed an unprovoked melee, with officers arresting and pepper-spraying bystanders and threatening them with police dogs, trampling a Mexican flag, and striking innocent parties with flashlights and nightsticks.
Officer La Raunce Robinson faced termination over statements he made during the excessive-force investigation. However, he was allowed to leave with a $115,000 worker's compensation settlement and a medical disability retirement.
Private attorneys hired by the city proposed finalizing the agreement in early December.
"Unfortunately, the issues of police oversight our case helped crystallize are still unresolved," Soto said. "The current City Council has twice tried to get rid of, or emasculate, the police commission as a favor to the Richmond Police Officers Association in an election year."
If the council has not signed the agreement in 60 days, the trial will proceed, he said.
Reader Comments (2)
Tell us your story at Volusia County Police Accountability center: http://volusiacountypolicewatch.blogspot.com
About an hour later a policeman arrived at my door ranged the doorbell which I answered He explained that I needed to come with him. I asked him why? He than asked me had I been riding around the neighborhood. I answered yes I had been riding around my neighborhood but before I could go anywhere with him I needed to inform my daughter and needed to put on a T-shirt and a pair of tennis shoes. He said no! I needed to come with him right away! I left the house with my daughter in the back room un aware that I was being apprehended by the police. He drove around the corner to the construction site and I could not believe what I saw. There where at least 4 squad cars parked before the construction site. That's when his tone of voice changed. " Why are you sweating you got something to hide"? I was ordered to get out of the car and walk toward the Deputies (there were Deputies all over the place). When I walked to far pass the Deputy he had in mind he started to yell! This yelling deputy actually said, "We finally got your ass". I asked him not to treat me that way his reply was " They treat you people worst on COPS".
A female officer handcuffed me read me my Miranda warnings. Asked me if I had anything to say I asked her why was I being arrested. Another officer picked up a sign and asked me to read it. It was a no trespassing sign the officer said that I would be prosecuted to the full extent of the law. I stood on the hot pavement with no shoes, feet burning, hand cuffed with sweat dripping down my face for about 20 or 25 minutes while the officers reminisced with one another. Needless to say my neighbors driving by watching me in this helpless situation. This was very humiliating! And the Officers meant to humiliate, harass and embarrass me before they hall me off to jail. As my white male accuser stood by and watched with a smirk on his face.
The female officer finally drove me to Santa Rosa county jail there I was booked on Felony third degree Trespassing and Felony Third degree grand larceny. Immediately upon my arrival I was seen by the nurse who took my blood pressure and heart beat rate than said I was in danger of having a stroke my blood pressure was 228 over something. I was immediately given medication.
The next morning I went before the judge who threw the case out because there was No Probable cause for arrest. I was released.
I have experience many raciest incident in the 18 months I have lived here in Florida. This latest incident I experience I believe to be of a racist act indeed. The Officers did not perform a search for evident they came straight to my home arrested me because a white male thought he saw a black male steal a peace of ply-wood. They paraded me in the streets humiliating me before my neighbors they jeopardize my health by causing my blood pressure to rush to the danger level. By falsely arresting me and undo harassment I will suffer mentally from this the rest of my life. It's a shame that this still goes on at this day and time. I cannot get over the fact of being arrested for allegedly stealing a 2 by 8 stick of plywood being harassed by carloads of patrolmen made to stand outside half naked in 90 degree weather only for the arrest to be thrown out of court.
This effects my family emotionally my wife who is German fears for our safety I also have a 14-year-old daughter first time here in America. Neither my wife nor I have ever experience racism to the extent we have experience down here in Navarre and Ft. Walton beach area and I was born in Mississippi. I am searching for a good lawyer.
Jerry L. McFarland
AirForce Special Operations Command
Special Security Office
Work: 850-884.6583
Home: 850-9391440
jerry.mcfarland@hurlburt.af.mil
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