Lawsuit Alleges San Jose Police Attacked Unarmed Latino Man after Minor Traffic Violation

There are 28 outstanding use-of-force lawsuits against SJ police. [MORE] 

From [HERE] The San Jose Police Department is facing new allegations of excessive force and racial profiling, this time leveled within two federal lawsuits.

One of the suits alleges that an officer parked his patrol car on a man suspected of fighting. The other alleges that officers busted a man's eye socket and arrested his sister after she complained he hadn't resisted.

The suits detail allegations of cases that happened two and three years ago. But they come at a time when the SJPD is trying hard to soften what some see as an aggressive, even violent, reputation.

City attorneys and police have denied the allegations of the suits, but declined to comment further.

The plaintiffs in both cases are Latino.

"I believe they know there is a problem of overaggressive policing, particularly when it comes to unarmed Hispanic suspects," said attorney Sharonrose Cannistraci, who represents the plaintiffs. "And they are not addressing the problem in a way that protects our citizens."

In the case of Jesus "Jessie" and Cristela Gomez, the two were driving near their home in the early morning of Oct. 25, 2008, when they were pulled over by Officer Paul Fukuma near Mabury Road and Salt Lake Drive, according to a lawsuit filed on their behalf. The lawyer alleges that the minor traffic violation stop quickly turned violent when Fukuma yanked Jessie Gomez's arms upward and demanded that he stop resisting.

"I'm not resisting," Jessie Gomez yelled, according to the suit. The officer threw Gomez to the ground, banging his face against the pavement and knelt on him, the suit says. He blacked out.Then, Fukuma and another officer picked him up and slammed him face down on the patrol car trunk.

"You're going down, (expletive)," one officer said, according to the suit. Then he tripped the suspect and made him fall face down; the plaintiff was bleeding profusely from his face, the suit alleges.

Gomez, brought to the hospital hours after his arrest, was diagnosed with a broken eye socket. The suit contends that two of the three "assaults" by the officers happened after Gomez was handcuffed.

His sister was arrested on suspicion of public intoxication and spent the night in jail.

Jessie Gomez eventually pleaded guilty to misdemeanor drunken driving. The resisting-arrest charge was dropped. The charge against Cristela Gomez was dismissed.

In the second case, Luis Chacon alleges that he was run down by Officer Louis Gromdahl, who halted his chase only when his patrol car was parked on the suspect's knee.

On April 20, 2009, the 26-year-old was walking down the street, the suit claims, when officers dispatched to a reported fight drove into view.

The San Jose Police Department is facing new allegations of excessive force and racial profiling, this time leveled within two federal lawsuits.

One of the suits alleges that an officer parked his patrol car on a man suspected of fighting. The other alleges that officers busted a man's eye socket and soon after arrested his sister after she complained he hadn't resisted.

The suits detail allegations of cases that happened two and three years ago. But they come at a time when the SJPD is trying hard to soften what some see as an aggressive, even violent, reputation.

City attorneys and police have denied the allegations of the suits, but declined to comment further.

The plaintiffs in both cases are Latino.

"I believe they know there is a problem of overaggressive policing, particularly when it comes to unarmed Hispanic suspects," said attorney Sharonrose Cannistraci, who represents the plaintiffs. "And they are not addressing the problem in a way that protects our citizens."

Police said they have made numerous changes and outreach efforts to address similar community concerns in recent years: revamping the department's early warning system for potentially problematic cops, for example, expanding the definition for "racial profiling" complaints and working closely with the local Mexican consulate general.

Chief Chris Moore denied the lawyer's systemic allegation, saying: "I think her broad statement unfairly represents 

our approach to law enforcement."

Chacon fled. Cannistraci said it is irrelevant why he ran because he was not involved in the fight and the potentially deadly force used to detain him was excessive.

The officers first threw a baton at Chacon, striking him on the back. Then Gromdahl ran him over with his patrol car, the suit alleges.

As Chacon screamed in pain, the suit claims, Officer Bruce Barthelemy "launched" himself on to his back.

After they moved the car, the officers questioned the suspect while an ambulance was on its way.

"At best he looked guilty of a bar fight," Cannistraci said. "And the officer ran him over. You can't go after a human being with a car and be gentle or safe as far as I can tell."

Chacon eventually pleaded guilty to misdemeanor disturbing the peace.

There are 28 use-of-force lawsuits still pending against the SJPD, according to the city attorney.