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Sheriff Parkinson admits to officer brutality

January 21, 2013
gutierrez

Jesus Ruiz, Ashley Rodriguez and Edward Gutierrez

By KAREN VELIE

In response to a citizen complaint, San Luis Obispo County Sheriff Ian Parkinson  confirmed that under the color of authority a deputy used excessive and unnecessary force in dealing with a minor traffic violation.

Under former sheriff Pat Hedges, the internal investigation unit had been disbanded. In 2010 there were 25 complaints against sheriff department employees. In 2011, Parkinson announced his plans to bring back the internal affairs unit to investigate citizens’ complaints brought against sheriff’s department personnel.

In the case of a Nipomo family illegally brutalized by several officers last summer, the sheriff department investigation determined one of three officers accused of excessive force had acted inappropriately.

Last July, Deputy Steven Hurl pulled behind Jesus Ruiz who had just pulled into a driveway after leaving church. The 5 foot 3 inch Nipomo man, who at the time was dressed in a shirt and tie, was driving approximately 15 miles over the speed limit.

Hurl pointed a gun at the alleged speeder, called for backup, began yelling commands, shot Ruiz in the back and then the side with a Taser gun, elbowed him in the head and clubbed him repeatedly, according to a lawsuit filed on Wednesday by attorney James McKiernan.

Shortly after the altercation that left Ruiz covered in bruises, his mother Alma Gutierrez filed a complaint with the sheriff’s department alleging three deputies used unnecessary physical violence against four members of her family.

The department responded with a statement on Sept. 25 that said an investigation confirmed her complaint against deputy Hurl, but not against two other deputies who arrived later on the scene.

Shortly after three to four additional officers responded to Hurl’s request for backup, Ruiz’s girlfriend Ashley Rodriquez, his mother Alma Gutierrez and his brother Edward Gutierrez heard the commotion and stepped out of the home at 257 Vintage Street.

One of the deputies allegedly approached Rodriquez, a cancer patient undergoing chemotherapy who had a tumor removed from her hip a few months earlier, and kneed her in the back causing her to fall to the ground and knocking her wig from her head. The same officer then charged Alma Gutierrez and kneed her in the crotch “causing her extensive vaginal bleeding.”

Another deputy slammed Edward Gutierrez into a patrol car before cuffing him and placing him on the ground.

Three of the four family alleged victims required medical treatment for their injuries.

McKiernan filed a lawsuit in San Luis Obispo County Superior Court last week against Hurl and the two other deputies who are listed as Deputy Paul and Deputy Voissem.

Nevertheless, McKiernan said he will attempt to have the case moved out of the county to avoid a conflict of interest.

“Anyway you look at the case, it’s a bad situation for everybody… my clients, local law enforcement and the county,” McKiernan said. “Everyone’s been hurt.

“The fairest solution for all, as I see it, is to file in United States District Court in Los Angeles which has jurisdiction over San Luis Obispo County. A federal judge and unbiased federal jurors, unconnected to San Luis Obispo, will be able to consider and resolve the matter.”

San Luis Obispo Sheriff’s Office PSU Response by CalCoastNews


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Government is an association of men who do violence to the rest of us.


Leo Tolstoy


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Things sure have changed since the 90’s! I myself was a victim of brutality by the Sheriff’s Dept, in the most horrible way. Nothing was ever done about it. No attorney would take the case, not even Gloria Allred! I certainly hope the victim wins in a big way!


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This is an absolute disturbing story. The deputy who did this should not just be fired, but put in prison! We have discrimination in this county’s law enforcement agencies against homeless, minorities, and who knows what else they discriminate against. I’ve had a Latino friend picked on in Paso before.


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How come most commentors on this site take these stories as fact. Isn’t here the slightest chance of some exaggeration or fabrication. The whole original narrative was based on what some lawyer told CCN. This is essentially what happened in the piece about Atascadero PD allegedly depriving some students of their rights in the downtown park. Lawyer submits piece, CCN thinks it sounds exciting and run it , then everybody jumps on the dogpile.I’m not saying the cops are innocent, but maybe use a bit of reason and inquire some into the source and get both sides before exposing your obvious cop hating tendencies.


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I understand why Sheriff Parkinson fired the deputy who initiated this incident and I imagine the other deputies were exonerated because they probably responded to whatever the initiating deputy told them had occurred, whether it was accurate or not. The deputies are not going to play 20 questions with another deputy to make sure everything he tells them is true and correct until the situation is under control.


I notice that the family members who were restrained by the other deputies did not go to jail. that tells me that once things were under control ,questions were asked of Hurl and it became apparent to the other deputies that the family members had not done anything wrong, which is why they were released.


Certainly this is a royal screw up and the family deserves reasonable compensation, however, lets not paint all of the deputies with the same brush. It sounds like the guy who pulled this boner was discharged, which is what I would have expected Sheriff Parkinson to do.


I only wish they had stepped into my law office instead of Jim’s!


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This is probably the most reasonable and fair post I have seen on here. Thank you. The Sheriff fired the guy. No cover up and he admitted to the deputy doing something wrong and took whatever actions he could and terminated him…. The whole steroid tangent is freaking funny though has anyone seen Hurl? He is about 510 and 175 lbs. sounds like a crazy steroid freak to me…get over people believe it or not law enforcement has cleaned itself up over the last 40 years or so…the cops of the old days were a bunch of drunk idiots and did stuff they should have not done. Law enforcement overall is getting better believe it or not…there are always some people that screw it up for the group but that can be found in any population. A lot of the training law enforcement does is on the fly and in the field. Once the decision is made or action taken lawyers get to have their fun and pick apart what you did…hurl probably over reacted hence the termination..but to accuse all cops of drug use and corruption is careless….the reason the attorney is going to federal court is because he can get more money…don’t fool yourself it is all about the mighty dollar nothing else…he would get a fair shot in slo county he just wants his cut of the settlement to be bigger. Also the Sheriff did the right thing and did what he could…you can not predict most human behavior and can not stop someone when you are not here. If Joe Cortez was going to be the savior for you all were is he now…if he really cared he would still be trying to help out the department and the people of this county and find out what happened…oh wait he didn’t get elected and is not getting paid so why would he? Ian you are doing a great job keep it up and move the department forward like you have been.


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I like what your saying Gordo with the exception of “it became apparent to the other deputies that the family members had not done anything wrong”. If they were impeding or interfering with arrest I’m sure deputy #1 simply used back-up to clear them away from his scene. I’d imagine it’s fairly common not to haul the “mommas” in each time because in reality that have had a typical “momma” reaction in my opinion. There would have been sufficient grounds for arrest if the suspect was in fact arrestable at all.


You missed a nice one for sure!


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Just as a side note; a bit of advice, do not argue or fight with a cop, a sheriff, or any other law enforcement representative. It never goes well…


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True. But the plaintiffs still have a right to be treated like human beings with God-given civil rights and not punching bags ready for a work out by police state thugs.


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This family should have the right or choice to be exempt from ever having to pay County and State Taxes.


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I’d prefer the officers that were at fault should pay and not make the taxpayers pay either by someone not paying their due taxes or by having the sheriffs office pay, which would mean it comes from their budget, again meaning the taxpayers are paying. Guilt here belongs to the officers and the Sheriff for not handling it properly.


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This is why the officers need to be charged under CA Civil Code 52.3, 18 USC 241, and 18 USC 242. Civil rights convictions pierce the veil and allow for the pursuit of individual’s assets.


Personally, if a public servant is convicted of violating someone’s civil rights, that victim should receive 1/2 or more of pension of the convicted.


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Send the officer’s paychecks to the victim


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Unfortunate but these victims are entitle to much more than half of the deputies pensions!

As kayaknut indicated to me, wear the shoes of the victims, it is enough to make you commit homicide against those deputies!


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Even the deputies themselves would commit homicide someone doing something like that to their family, who would not!!!


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We need to drug test our LEO often and for a variety of substances. This sounds like drug/steroid behavior…………..


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The union will never allow it…..


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If the government tested every LEO, FBI, CIA, etc. in the U.S., and if using steroids disqualified the officer from serving, we would have very few officers qualified to serve.


Steroid use is widespread amongst those who protect and serve. When you think of it, officers have to go up against muscled-up ex-cons, methed-up perps, roided-up idiots who have something to prove, and violent psycho-perps like ex-SLO firefighter John Ryan Mason.


And the pressure is constantly on the officers to use the minimum force necessary to do the job.


You don’t take a pocketknife to a shootout, and the officers we pay to risk their lives must be able to physically compete–and win–against the folks we want our officers to protect ourselves.


I’m not saying it’s right for roided-up officers to wreak mayhem on the population, but as long as LE agencies refuse to acknowledge the widespread use of steroids in their officers the agencies will be unable to test and monitor for excessive use which can contribute to beatdowns on citizens, like the Nipomo family suffered.


This isn’t a perfect world, and it isn’t made better when dangerous substances that can lead to violence are used by our LEOs and the LE agencies refuse to admit it and design programs to test, monitor, and control it.


Just my opinion, your mileage may vary.


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Just outlaw steroids, that way both law abiding citizens as well as criminals will stop using them, putting everyone on the same level, right??????


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How about better training? More time in learning how to be an officer of the law, more experience with self-defense training, meaning more hands-on time learning how to control a potentially larger, violent suspect that may be jacked up on any number of drugs that could interfere with their ability to feel pain, as well as training to subdue a normal size person with “the minimum amount of force”. By training over and over, even after getting a LEO position, one becomes conditioned to act without thinking about it and when you can operate in that mode, your adrenaline doesn’t kick in as much so you can stay in control of your actions. Far too many in the LEO community keep up with any kind of training like that on a regular basis; it should be a “way of life” for them in order to keep their job, and to respect the rights of citizens when they are interacting with them in a professional basis.


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Better training? You have got to be kidding! The police are being militarized, you fool!


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smartmouth says: 01/22/2013 at 4:43 pm “We need to drug test our LEO”


NO!

I recommend and urge “TRUTH SERUM” on all involved LE!


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I would like to thank Sheriff Ian Parkinson for coming forward and recognizing when an injustice has occurred. It may sound odd to many of you, but I am sure it took a great deal of personal courage to move this issue forward.


It is my observation over the years that taking issues like this or those against major institutions in our county to the outside is often the best remedy for a just decision.


My hope is that the family can find a fair resolution.


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I don’t think Parkinson had a choice. Really, there is no honor in doing the right thing when you are being forced by public outrage to do it.


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Oh really, so how do you explain Hedges’ reign of error and failure for years that he got away with?


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Thats an easy one. The media let him get away with alot cuz they didnt stay on top of it. CCN came along and lifted the carpet. Parkinson has so many bones in the closet he could open his ownb Smithonian Museum.


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The voters of this county must ask themselves: “Would this have happened if Joe Cortez had been elected Sheriff?”


Would we feel as if we had to seek out federal jurisdiction in order to receive fair treatment in our courts?


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Yes!

Yes!

However Parkinson appears to on it properly


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Letting at least two officers off scott free is properly, and only firing the officer who started it, wonder if you would say the same thing if this happened to you and your family?


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kayaknut says: “Letting at least two officers off scott free”


I didn’t see the letter till after posting, it was a slow pop up on my computer.

I posted meaning Parkinson does not appear to be denying this.

In any event I agree with your sentiment “fully agree”


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This is a totally serious question I am asking… if one witnesses an LEO clearly acting outside the law, can said person intervene to assist and/or prevent further harm without fear of reprisal from the LEO’s agency?


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Good question, I bet there is no clear answer to that as the law assumes that they’re always right to begin with and I doubt that the written law addresses it. I guess perhaps it could be answered if there is a previous case that actually addresses it. I’m sure there must be a case (probably more than a few) that have gone to trial. Keep in mind that it would probably take shooting them to force-ably stop them so you better have plenty of witnesses.


The best thing anyone can do in a situation like that is to immediately call 911 and ask for the watch commander, Encourage all others witnessing the event to also call. Get it on video as best you can and stay out of it because you will panic them and only escalate the situation by physically interfering. Simply yell that your calling their watch commander and that you’re taping them, even if you don’t have a video camera/phone, fake it. That will calm them down and make them stop the frenzy.


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Good advice about the watch commander.


IMO, some of our local LEOs are likely to be set off by a citizen videotaping. I think it is a great idea to video it, but do it subrosa because, otherwise, you may just get the snot kicked out of you.


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Oh, you CAN intervene, but to do so would be at your own risk.


On the spot, they can arrest you for interfering with an arrest and may actually trigger the officers to arrest someone just so they can charge you with interfering with an arrest.


In addition, this area’s LE agencies are, IMO, quite heavy-handed, so you may end up having to visit a local emergency department on your way to being booked for interfering with an arrest.


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MaryMalone says: 01/22/2013 at 4:26 pm

Oh, you CAN intervene, but to do so would be at your own risk.


And this is what naturally happens

Shortly after three to four additional officers responded to Hurl’s request for backup, Ruiz’s girlfriend Ashley Rodriquez, his mother Alma Gutierrez and his brother Edward Gutierrez heard the commotion and stepped out of the home at 257 Vintage Street.

One of the deputies allegedly approached Rodriquez, a cancer patient undergoing chemotherapy who had a tumor removed from her hip a few months earlier, and kneed her in the back causing her to fall to the ground and knocking her wig from her head. The same officer then charged Alma Gutierrez and kneed her in the crotch “causing her extensive vaginal bleeding.”

Another deputy slammed Edward Gutierrez into a patrol car before cuffing him and placing him on the ground.

Then comes the booking for interference, you are now a marked criminal for life (666)


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It is amazing how much more respectful law enforcement officers are towards the public in states with generous concealed carry laws for law abiding citizens.


Is it just me (and MaryMalone), or do most LEO around here look at everyone like they are criminals?


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I don’t think most LEO around here look at everyone like they are criminals.


I think LEOs who over use steroids to enhance their training are at a risk to overreact to perceived challenges from members of the public.


Steroid use is widespread in LE agencies. It needs to be admitted and made legal for LEOs. That way the LE agencies can test and monitor steroid use by their LEOs.


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Until LE agencies admit many of their officers use steroids to be able to do their jobs in a world where the bad guys often are hyped up on a substance that makes them aggressive, violent and uber-strong, it doesn’t matter WHO is sheriff, because some officers will enhance their own job performance by using steroids. If the LEOs don’t admit the steroid use, test and monitor it, there will ALWAYS be incidents like what the Nipomo family suffered.


I don’t know if steroids were the cause of the beatdowns the Nipomo family received from the deputies, but similar incidents will occur because officers on steroids can become uber-aggressive and over-reactive to perceived challenges and resistance.


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They probably went to Federal Jurisdiction because the case is allegedly involving a violation of the alleged victim’s civil rights.


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