Young Man Beaten-Up by Orange County Sheriff Deputies
In San Juan Capistrano, Orange County, California, an Orange County Sheriff’s Department Deputy Sheriff responded to a complaint about a 19 year old boy by his grandmother, that her grandson was playing his video games too loudly. When the young man left his house to visit his girlfriend, the Deputy Sheriff who responded to the grandmother’s call saw the young man leave his driveway, and followed the young man’s truck. The Deputy Sheriff pulled-over the young man a few blocks away from his home; claiming vehicle code violations that didn’t exist.
In his police report, the Deputy Sheriff (now a Patrol Sergeant) claimed in his report that after he had pulled the young man over, and that: “I shouted at him several times to remain in his vehicle, but he continued to exit the vehicle and began walking toward me.” In fact, the video shows that the Deputy never told the young man to remain in his vehicle at all, and that all that the Deputy said to the young man when he exited his truck was: “What are you doing? What are you doing” ? Why are you getting out of the car? I will shoot you if you come any closer”, and “Get your f**king hands up.”
In his police report, the Deputy Sheriff claimed: “I ordered him to stop several times, but he failed to comply. He yelled back at me, Why did you stop me? I repeatedly ordered him to stop more than five times when finally he reached the front of my patrol unit. I ordered him to stop several times, but he failed to comply.” As seen in the video, the only time that the Deputy told the young man to stop was his statement: “I will shoot you … if you come any closer.”
In his police report the Deputy stated: “He finally stopped, but would not put his
hands up so that I could see he was unarmed.” This statement also was not true. The video shows that the young man turned-around as ordered, and put his hands up behind his head.
When the second Deputy arrived at the scene and shoved the young man on top of the hood of the patrol car, the young man told the second Deputy that he knew his fifth amendment rights. The second Deputy’s response was: “Your fifth amendment; I’ll tell you what your f**king amendment is; jail asshole.”
While the second began jacking-up the young man’s handcuffed hands up his back, the first Deputy tortured him by pulling his thumb backwards; causing excruciating pain. When the young man screamed-out in pain about his thumb, the second Deputy stated: “Come on, Cry some more you fucking baby”, and “I thought you were a f**king… I thought you were a f**king tough guy.”
Then, while the young man was being tortured and begging for help to a passing motorist, the second Deputy told him five times: “I’m gonna f**k you up”.
Then, as shown in the video at 22:09:46 hours, the first Deputy stated “I think my mic’s on”, and he immediately turned-off his microphone, as shown by the thereafter lack of sound, and by the “M” (for microphone) no longer being displayed on the video.
Thereafter, the second Deputy asked a Community Services Officer at the Aliso Viejo Sheriff’s Department station to erase the video. The young Community Services Officer reported this to his supervisor; the result of which was the criminal prosecution of the second Deputy for attempted destruction of evidence.
Although the Orange County District Attorney’s Office relied on the first Deputy’s police report and prosecuted the young man for, among other things, resisting / obstructing / delaying a peace officer (Penal Code Section 148(a)(1)), when the video recording was brought to the attention of the District Attorney’s Office, the criminal case was dropped against the innocent young man. However, the second Deputy was not prosecuted for torturing the young man (Penal Code Section 149), or for threatening to f**k him up (Penal Code Section 422)
The Orange County Sheriffs Departments reaction? The deputy was promoted to Sergeant. Plaintiff Cory Baima was represented in Federal Court in his Civil Rights case against the County of Orange and the deputies by Newport Beach Police Misconduct AttorneyJerry L. Steering.