VISTA, Calif. — Two San Diego County sheriff’s deputies displayed an “unreasonable and unnecessary” quantity of pressure once they assaulted a handcuffed Vista man and his father throughout an arrest final yr, a prosecutor stated Wednesday throughout opening statements for the deputies’ trial. A defense lawyer informed jurors that the lawmen have been dealing with a harmful state of affairs involving a domestic violence suspect who was determined to keep away from jail.
Deputy Nicholas Morgan, 27, and Deputy Joshua Nahan, 31, probably face jail time if convicted of misdemeanor counts of assault with out lawful necessity by an officer for the Might 7, 2018, arrests of Gerardo Martinez Jr., then 24, and Gerardo Martinez Sr., then 50.
The daddy and son have been arrested after the deputies responded to a domestic violence name, through which Martinez Jr.’s girlfriend advised a dispatcher that he’d punched her and refused to let her out of their condo.
A 22-second video shot by a bystander seems to point out the deputies shoving Martinez Sr. into a picket fence whereas his son was pinned on a concrete sidewalk and repeatedly struck within the head.
Deputy District Lawyer Leonard Trinh stated that footage, which garnered widespread public consideration, only exhibits the tail end of the interplay, during which the deputies “exceeded the amount of pressure that they have been allowed to use.”
About eight:30 a.m. that day, Morgan and another deputy, Kevin McCauley, arrived at the complicated near East Vista Means and Palomar Place, where Trinh stated they encountered Martinez Jr. outdoors, standing about 5 ft away from his girlfriend. Martinez Sr. was strolling his dog nearby.
The prosecutor stated McCauley — who was not charged — ordered Martinez Jr. to show round and advised him that if he didn’t comply with orders, he can be Tased. Martinez Jr. did not respond to that order, and McCauley tackled him to the bottom, where he and Morgan began punching him, Trinh stated.
Martinez Sr., seeing that his son was harm, approached, and was pushed away, based on the prosecutor. Martinez Sr. then started walking away, but Morgan took him to the ground and threw him into some bushes, Trinh stated.
The prosecutor stated the deputies ordered each men, who have been every laying face-down, to place their arms behind their backs. Nevertheless, neither man was in a position to do so, Trinh argued, because the deputies have been on prime of them, pinning their arms beneath their bodies. The prosecutor stated that despite their lack of ability to comply with those commands, Morgan struck each man using his fists and knees. Martinez Jr. was additionally Tased for not following the commands, Trinh stated.
Sooner or later, Nahan and a number of other different deputies arrived.
The extensively circulated video recorded by the neighbor caught the moments that occurred next, during which Trinh argued there was no justification for Nahan shoving Martinez Sr. into the fence or Morgan delivering a number of “palm strikes” to the again of Martinez Jr.’s head.
Protection lawyer Michael Begovich stated the…