LOS ANGELES, CA – A judge on Tuesday granted a request from the Orange County District Attorney’s Office to dismiss the charges against Florentino Lopez, 28, who was arrested by Santa Ana police on Oct. 1 in an encounter that drew public criticism from city and county leaders, according to the District Attorney’s Office.
The hearing took place Tuesday, Oct. 13, in Orange County Superior Court. The judge also exonerated Lopez’s bond. The arrest happened near the intersection of Jackson and 5th streets in Santa Ana.
Prosecutors said they will instead pursue a probation violation against Lopez. The DA’s Office said that after reviewing the officers’ body-camera video, it concluded that pursuing the probation violation was the best option.
Felony and misdemeanor counts dismissed
Lopez had been charged by the Orange County District Attorney’s Office with felony resisting an officer and a misdemeanor count of resisting a peace officer. He also faced a misdemeanor charge of smoking marijuana near a school or daycare and an infraction for being a pedestrian in the roadway outside a crosswalk.
He pleaded not guilty on Oct. 5. Tuesday’s ruling resolves those counts without a trial.
His attorney, John Kremer, had questioned the infraction charge, asking what kind of charge it was to accuse a pedestrian of being in the middle of the street.
What happened on Oct. 1
Two Santa Ana officers allegedly took Lopez to the pavement and repeatedly punched him and struck him with their knees, according to initial reports. At one point, an officer’s knee allegedly pressed on the area of his neck and upper back.
Kremer said Lopez was sitting in his front yard when officers called him over. According to the attorney, Lopez complied before he was handcuffed and beaten.
Kremer said the beating lasted about three minutes. He described the officers’ conduct as unwarranted, unjustified, unnecessary and unreasonable.
Probation violation case moves forward
Kremer said the typical penalty for a probation violation is about 90 days in custody, though the term can be negotiated with a judge. The DA’s Office has not said what penalty it will seek.
The probation case is separate from the charges that were dismissed on Tuesday.
Police chief says department is reviewing the arrest
Santa Ana Police Chief Robert Rodriguez said in a social media statement in the days after the arrest that he had personally viewed the footage of the incident. He said the department takes every use of force seriously.
Rodriguez said the department was conducting a thorough review that includes body-worn camera footage, reports and the circumstances of the arrest. He did not say whether the officers involved were placed on leave.
City Council orders independent investigation
The Santa Ana City Council voted unanimously on Oct. 6, after a closed session, to direct the City Attorney and the City Manager to engage an independent investigator who reports to the council. Mayor Valerie Amezcua announced the vote.
Amezcua said the council also voted unanimously to release the officers’ names and their body-worn camera footage if it is legally determined that great bodily injury occurred. The vote did not order an immediate release.
The mayor said what she saw was “deeply disturbing.” She said she contacted the City Manager and the police chief once she learned of the incident.
Council members spoke along similar lines at the Oct. 6 meeting. Johnathan Ryan Hernandez said police should not investigate police. Jessie Lopez said the footage infuriated her and that the burden to de-escalate lies with officers. Benjamin Vazquez said he was appalled, and Phil Bacerra said he was waiting for the results of the investigation.
Mayor Pro Tem David Penaloza said council members had privately reviewed body-camera footage that has not been released publicly.
County supervisor weighs in
Orange County Supervisor Vicente Sarmiento, who represents the first district, released a statement dated Oct. 5 about the use-of-force incident involving Santa Ana police officers.
At a later Board of Supervisors meeting, Sarmiento praised the city council for hiring an outside expert. He said that a verbal act does not warrant a beating and said he hoped the district attorney would take a look at the arrest.
City publishes use-of-force reports
The Santa Ana Police Department posts use-of-force reports and critical incident briefings on its use-of-force report page as part of its transparency effort. The page states that “the use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community.”
The most recent critical incident video listed there dates from Feb. 1, 2025. The page lists nothing for the Oct. 1 arrest.
A separate administrative investigation will determine whether the officers violated department policy and whether discipline is warranted. Anyone with information about the incident is asked to contact the Santa Ana Police Department.
Probation case and council investigation continue
With the criminal charges dismissed, the probation violation is the remaining court matter involving Lopez. The independent investigation ordered by the City Council and the police department’s own review are both ongoing, and the officers’ names have not been released.
