El Torito Grill brawl goes to jury

Deepa Bharath

Jury deliberations began Monday in a criminal trial for eight

persons facing several charges stemming from a March 24, 2001, Costa

Mesa restaurant brawl that they say police officers sparked by using

excessive force.

The jury heard closing arguments Friday and Monday morning. The

trial has been going on for more than two weeks.

The prosecution maintains Costa Mesa police officers only tried to

get control of a situation that had gotten out of hand toward the end

of a birthday party at the El Torito Grill on Anton Boulevard on

March 24, 2001.

The defendants face a variety of charges ranging from resisting

arrest to obstruction of justice. Prosecutor Nico Dourbetas, in his

closing arguments Monday, asked the jury to look at “what is

reasonable.”

Is it reasonable to believe that about 15 officers with years of

experience would risk their respective careers by falsifying reports

as the defendants allege? he asked.

“Are we telling our police officers, ‘When I call 911, you better

have second thoughts before you come and rescue me?’” Dourbetas asked

the jury. “Do we want to have a chilling effect on our police? Do we

want to live in a society where we tell our police not to do their

job?”

Defense attorney Anthony Sessa argued that his clients were acting

in self-defense, that they were assaulted with batons, handcuffed and

pepper-sprayed and that the officers involved in the incident have a

history of excessive violence.

Lorena Maae, who organized her husband’s party at El Torito Grill

for family and friends, said the entire trial has been a traumatic

and degrading experience for her.

“We’re not gang members and we were not drunk,” a visibly upset

Maae said outside the courtroom Monday.

“I have no resentment against any of the police officers,” she

said. “But if they had treated us like human beings instead of

treating us like animals, we would have responded like human beings.”

Maae said she could have taken a plea bargain but did not want to

“plead guilty to something we didn’t do.”

“No one likes to talk about police officers using excessive

violence,” she said. “But it does happen. I’m not saying they broke

our bones, but I’m saying that they assaulted us.”

Maae’s mother, Carmen Jimenez, also filed a civil lawsuit against

the city on March 25 of this year. Named in the lawsuit are the city

of Costa Mesa, Police Chief Dave Snowden and 12 other police officers

who responded to the incident. The suit alleges violation of

Jimenez’s civil rights, assault and battery and negligent injury, and

demands damages adding up to several hundred thousand dollars.

Dourbetas, in his closing arguments, vigorously defended the

officers against allegations of using excessive force and racism.

“[Sessa, in his closing argument] used words like ‘terrorists,’

‘Nazis’ and ‘raging animals,’” he said. “That’s the most outrageous

thing I’ve ever heard. Give me a break.”

Dourbetas showed photographs of the police officers to the jury

and asked them if they thought those faces fit such violent

descriptors.

“When I see these faces, I don’t see a raging animal,” he said. “I

see sons. I see fathers. I see husbands. They are human beings like

you and me.”

The jury will continue deliberating today.

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at [email protected].