Pubdate: Fri, 10 Mar 2000
Source: Sacramento Bee (CA)
Copyright: 2000 The Sacramento Bee
Contact:  P.O. Box 15779, Sacramento CA 95852
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Author: Denny Walsh

FOUR ACCUSE COPS OF BEATING SUSPECT

Witness Claims He Got Threat

Four persons swear in federal court declarations that they witnessed
Woodland police officers severely beat a man who offered no resistance and
died while being taken into custody.

In addition, an attorney for the family of the dead man, Juan Nieto, says in
a declaration that one of the witnesses was recently accosted by a man
believed to be one of the officers, who warned the witness against
cooperating with the attorney.

The witness told attorney Jeffrey Jacobs he was approached on the street "by
a person who he believed to be one of the officers involved in the Nieto
incident," according to Jacobs' declaration.

Jacobs relates the witness's account of the confrontation this way:

"I know who you are," the man said, then jammed his thumb into the witness's
abdomen and eye. "I know where you live. Keep your mouth shut about Nieto.
If you don't, I'll take your eye out next time."

Neither the man nor the witness are named in the declaration. Jacobs says
the witness is afraid of the Woodland police and does not want to make a
complaint about the threat.

The attorney promised the witness he would not reveal his identity. In the
declaration, Jacobs has photographs of the injury to the eye and an
optometrist's report that "confirms the injury could have been caused in the
manner described by the witness."

Woodland Police Lt. Charles Wilts said Thursday the department has no
knowledge of a witness being threatened.

"No one has come forward with information about a confrontation between an
officer and a witness," Wilts said. "We were unaware of such an allegation.
We would urge anyone with concerns about police conduct to report them. If
someone is not comfortable coming to us, they should go to the District
Attorney's Office or to an appropriate state agency.

"We are more than happy to take a hard look at ourselves, but we can't do
that if we don't know about it."

Wilts noted that the Yolo County District Attorney's Office worked with his
department in investigating the circumstances of Nieto's death on Dec. 3. He
said the field work has been completed and a report has been submitted to
the district attorney for review.

The lieutenant would not comment on the report's findings nor on the
contents of the four witness declarations filed Wednesday in Sacramento
federal court. He did note that a coroner's report "didn't give any
indication (Nieto) died of injuries."

No one with authority to comment could be reached at the District Attorney's
Office.

Bruce Kilday, the Police Department's outside attorney, said Jacobs'
witnesses were interviewed as part of the department's joint probe with the
district attorney. He said he does not know whether they told the same
stories both times, but added: "My impression is there are no new bombshells
in the declarations."

He recalled that an autopsy turned up a high level of methamphetamine as
well as the presence of alcohol and the active ingredient of marijuana.

The coroner's report attributed Nieto's death to "sudden cardiac arrest."
The autopsy showed superficial injuries unrelated to the cause of death but
"consistent with the physical activities of law enforcement officers," Yolo
County Sheriff Ed Prieto said in December.

The court declarations were filed by Jacobs as part of his quest for a
preliminary injunction prohibiting Yolo County agencies, including the
Woodland Police Department, from destroying evidence and harassing witnesses
in connection the Nieto investigation.

A temporary restraining order issued by U.S. District Judge William B. Shubb
has been in effect since Dec. 9.

The District Attorney's Office and the combined office of the Yolo County
sheriff and coroner have consented to a preliminary injunction against them,
but Kilday is opposing the injunction as unnecessary and unduly burdensome.

Jacobs, however, insists, "Common sense argues that the fox is not the
proper guardian of the chicken coop."

A hearing on the matter is scheduled Monday before Shubb.

Nieto, 23, was subdued in the courtyard of Tony's Motel by officers pursuing
him because he bought alcohol for a police decoy at a 7-Eleven store two
blocks away. The department has identified five officers involved in the
arrest.

Jose Ordonez says in his declaration that he was visiting a friend at the
motel and watched the incident through a window about 12 feet away. He said
Nieto was "struck dozens and dozens of times" without resisting. "Later, a
police dog was let loose on Nieto. Police kicked him in or around the
genital area more than once."

Irene Alderete, who lives at the motel, said in her declaration that, after
Nieto stopped moving, she heard one officer say, "We f----- up," and other
officers express worry about what had happened.

Don Warnke, another resident of the motel, said in his declaration that,
after Nieto appeared to be dead, "I observed one of the officers high-five
another officer and comment, 'Good arrest.' "

On the other hand, David Overfield, who also resided at the motel, said in
his declaration that he saw one of the officers "pumping on Mr. Nieto's
chest" in an attempt to revive him.
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