Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 4014 AMERICAN POLICE BEAT: SEPTEMBER 2016 by Michael Schwartz W hat started out as a rou- tine domestic violence call quickly spiraled into an arrest that would forever change the lives and careers of two seasoned police of- ficers. At around 4:30 AM on September 12, 2014, in In- dio, California, Officers Gerry Martinez and Chuck Holloway responded to a disturbance call about a man harassing a family. He was banging on the front door of their home de- manding to see his estranged girlfriend. When the cops arrived, the suspect fled on foot. Martinez and Holloway chased him across several streets and into the traffic. They jumped over two fences until finally reaching the back of the restaurant, Pueblo Grill. Holloway caught up to the suspect just in time to see him squeeze between a narrow gap between the back of the restaurant and a large storage bin. What happened next would lead to Officer Hol- loway being charged with using excessive force – a fel- ony. Officer Martinez, while originally charged with a misdemeanor (PC 32, Aid- ing and Abetting after the Fact), ended up standing trial for a misdemeanor fil- ing of a false report. The case went to trial on May 11, 2016 and lasted for about a week and a half. Officer Holloway never reported the use of force which allowed him and his partner to successfully sub- due and arrest the suspect. Officer Martinez had re- ferred to his partner’s role in his report as “assisting” in the arrest of the suspect who was later identified through his tattoos as Ruben “Josh” Martinez. “Josh” was a known, violent “50-Boys” gang member with two out- standing felony warrants. It turns out there was no record of any force used by Holloway until a worker from the restaurant alerted management to the sig- nificant police presence he’d observed earlier that morn- ing. The video from surveil- lance cameras outside the restaurant showed Officer Holloway run- ning up to the suspect, kicking and punching him, and then walking away. In addition, Holloway never seemed to help in the actual handcuffing of the suspect. Instead, he walked away, then walked back and stepped on the suspect. Closer scrutiny of the vid- eo, however, demonstrated that the camera’s perspec- tive was certainly not Officer Holloway’s perspective. Holloway could have only witnessed events that oc- curred after he had rounded the corner, and was within sight of his partner and the suspect. A reasonable person would agree that this scene would present a dangerous situation for any officer in a similar situation. Yet, on direct examina- tion, the sergeant testified that Officer Holloway’s use of force violated policy and was inconsistent with Indio police officer training. The inference was that the force was unnecessary and unreasonable. Upon cross-examination I was able to get the sergeant to agree that, had our client used his Taser in that circumstance, that force would have been within policy and consistent with his training. We were then able to prove that Officer Holloway had acted appropriately based on what he himself had witnessed: the suspect and his partner, Officer Mar- tinez, with baton drawn, go- ing to the ground together. The jury agreed, find- ing Officer Chuck Hol- loway not guilty of ex- cessive force. After the verdict, all Officer Hol- loway could do was smile and thank God, his attorney and everyone at Rains Lucia Stern, and the PORAC Le- gal Defense Fund for giving him and his family their lives back. Michael Schwartz is a partner with the law firm Rains Lucia Stern, whose practice is devoted to representing and defending law enforcement officers in legal proceedings. “Upon cross-examination I was able to get the sergeant to agree that, had our client used his Taser in that circumstance, that force would have been within policy and consistent with his training.” Attorney Michael Schwartz, left, and Officer Chuck Halloway. Yet another win for officers Accused officers win in California, Detroit, elsewhere November 11-13, 2016 - Grapevine, TX Presented by C.O.P.S. For the wellness of those who ensure safety for all. Topics include: Effective Peer Support Programs Preparing for a Line-of-Duty Death LaZ Enforcement 2fÀcer %eneÀts Managing the Cumulative Stress of a Law Enforcement Career Leadership During a Crisis 2fÀcer )itness and 1utrition .eeping )aith During Traumatic Times $1D M25E Register your agency NOW! WWW.NATIONALCOPS.ORG