Pubdate: Tue, 15 Mar 2016
Source: Orange County Register, The (CA)
Copyright: 2016 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Author: Scott Schwebke

3 OFFICERS CHARGED IN 2015 POT SHOP RAID

Santa Ana police officers face charges of petty theft and vandalism 
10 months after being caught on video eating snacks and threatening a 
disabled woman during a raid at a local pot shop.

The Orange County District Attorney's Office said Monday it is filing 
one misdemeanor count of theft against officers Brandon Matthew 
Sontag, 31; Nicole Lynn Quijas, 37; and Jorge Arroyo, 32, for 
allegedly stealing cookies and other snacks during the raid. Sontag 
also faces a misdemeanor count of vandalism for allegedly breaking 
some of the store's surveillance cameras.

If convicted, Arroyo and Quijas each face maximum sentences of six 
months in jail and a $1,000 fine. Sontag, if convicted of both 
counts, faces up to 18 months in jail and a $2,000 fine. The officers 
are scheduled to be arraigned April 11 in Orange County Superior Court.

The officers could not be reached Monday. John Franks, president of 
the Santa Ana Police Officers Association, said the officers' 
attorneys requested the union to decline comment.

The charges follow a 10-month investigation by the District 
Attorney's Office that included a review of unedited surveillance 
video of the May 26, 2015, raid at Sky High Holistic, a business the 
city has accused of selling marijuana without a permit.

A separate investigation by the Santa Ana Police Department has been 
completed, but its results are not yet public, said police spokesman 
Cpl. Anthony Bertagna.

All three officers remain on paid leave.

Bertagna said their status with the department likely will be 
determined after an administrative appeals process is completed and a 
formal review by Santa Ana Police Chief Carlos Rojas.

Video showing Santa Ana police officers surfaced last year, soon 
after the late-afternoon raid during which several officers served a 
search warrant at Sky High.

The video, viewed more than a million times, shows police breaking 
through Sky High's front door and ordering at least a half-dozen 
customers to the floor.

"Everybody on the ground!" one officer shouts. "Hands on your head!"

A portion of the video also shows officers making demeaning remarks 
about Sky High volunteer Marla James, 55. In the video, James, an 
amputee, is seen sitting in a wheelchair during the raid.

"Did you punch that one-legged old benita?" a male officer asks a 
female officer, apparently referring to James.

"I was about to kick her in her (expletive) nub," a female officer 
replies, according to subtitles accompanying the video clip.

The video also shows officers disabling the 16 video cameras in 
public view at Sky High the day of the raid. The store had four other 
cameras, hidden from view, that continued to record events inside the store.

Sontag is accused of damaging five of the disabled surveillance 
cameras by banging and smashing the camera lenses. Each camera was 
valued at $80 to $100, prosecutors said.

The video also shows an officer unwrapping a small package and 
putting something in his mouth.

According to the charges filed Monday, Sontag, Quijas and Arroyo 
entered Sky High's break room and took snacks, including cookies and 
protein bars, available to staff.

Prosecutors said the trio consumed some of the items and took extra 
cookies with them before leaving. Prosecutors said the three also 
shared some protein bars with other Santa Ana officers, but that that 
there was insufficient evidence to say if other officers knew the 
snacks came from the dispensary.

The D.A.'s Office declined to say if the officers were tested to see 
if the snacks they allegedly ate contained marijuana. Prosecutors 
said there was no evidence that snacks eaten during the raid 
contained any drugs.

Matthew Pappas, a Long Beach attorney who represents Sky High and 
other dispensaries  and who publicized the video - said he is pleased 
charges were filed against the officers.

"They should be held accountable," he said.

James, the Sky High volunteer, said she doesn't feel vindicated by 
the charges filed Monday. Still, she added, she's glad officers face 
legal action.

"Even misdemeanors are good. I'm happy prosecutors paid attention."
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MAP posted-by: Jay Bergstrom