Criminal charges were dropped Monday for a Vista man whose arrest by San Diego County sheriff's deputies was caught on video. His attorney said the video showing what some in the community are calling abuse at the hands of law enforcement, helped his client's case.
Gerardo Martinez, 50, and his son, Gerardo Martinez, Jr., 23, were arrested last Monday after deputies responded to reports of a domestic violence incident involving Martiniz Jr.
The arrest was captured on video and posted to Facebook.
In the 22-second video, two deputies walked an apparently handcuffed Martinez Sr. down a walkway and pushed him head first into a wooden fence.
“When I see the video, I can’t believe it," the elder Martinez Sr. said. “I can’t believe that happened to me. I always try to stay out of trouble.”
He and his daughter both spoke to media outside the courthouse prior to Martniez Jr.'s arraignment.
“When I see police on the street, I shake. Because I’m scared,” he said.
While deputies were walking Martinez Sr., two other deputies were attempting to take his son into custody on the ground. One of the deputies was seen striking Martinez Jr. in the back of the head as he lay face down on the concrete. Deputies were heard telling him to "stop fighting."
The video was taken by a neighbor who wished to remain anonymous.
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Martinez Sr.'s attorney claims that if there was no recording of the arrest, the District Attorney's Office would have made the father plead guilty to a lesser charge.
The San Diego County Sheriff’s Department (SDSO) said it launched a deputy conduct investigation after it was made aware of the incident.
Martinez Sr. was charged with obstructing a public officer and bailed out days later.
His son was booked on false imprisonment, domestic violence, assault, and resisting arrest charges and is being held on $100,000 bail.
“We really want to not only fight for justice for my father and my brother but we want to make sure this doesn’t happen to any other family,” said Carina Martinez, the eldest daughter in the family.
She was disgusted when she saw the video.
“I never thought I would be directly affected in this manner,” Martinez said. “No one should have to see any images like that.”
An SDSO statement released on May 8 said the deputies were responding to a call involving a domestic violence victim who was being held against her will.
"After initial review by command staff, two deputies were placed on paid administrative assignment pending an internal investigation. As we continue to gather and evaluate the facts of this case, the internal review might change in scope," the statement said.
The SDSO said it would be reviewing the deputies’ body-worn camera footage as part of its investigation.
