LOS ANGELES, CA – The Orange County District Attorney’s Office dismissed the criminal charges filed against a 28-year-old Santa Ana man after his Oct. 1 arrest by Santa Ana police officers, a case that has drawn public criticism and two separate investigations, according to a DA spokesperson.
Florentino Lopez was arrested at about 9:30 p.m. Oct. 1 near Jackson Street and Fifth Street in Santa Ana. The charges were dismissed Tuesday, Oct. 13, and prosecutors said they would pursue a probation violation against him instead.
Lopez’s attorney, John Kremer, said his client claims officers used excessive force during the arrest. The Santa Ana Police Department has not publicly identified the officers involved.
Prosecutors cite totality of the evidence
Kimberly Edds, spokesperson for the District Attorney’s Office, said in an email to reporters that prosecutors made the decision based on the totality of the evidence in the case, including body-worn camera evidence. She said prosecutors determined that pursuing the probation violation was the most appropriate sanction.
Kremer said the dismissal came without explanation from prosecutors. He said he would not speculate about their reasons.
Kremer said Lopez is pleased with the dismissal and intends to defend vigorously against the alleged felony probation violation.
Arrest near Jackson and Fifth streets
According to Kremer, Lopez was outside his parents’ home with his younger sister when two officers arrived and called him into the street. Kremer said one of the officers knew Lopez was on probation when they made contact with him over smoking marijuana.
Kremer said two other officers arrived and Lopez was handcuffed. The account of how the encounter began comes from Lopez’s attorney, and the department has not publicly described it.
The arrest sparked public outrage in Santa Ana after it circulated on social media, according to initial reports.
Charges filed Oct. 5
The District Attorney’s Office charged Lopez on Oct. 5. The complaint included felony resisting an executive officer, along with related misdemeanor and infraction counts, including smoking marijuana near a school and being a pedestrian in the roadway. Lopez pleaded not guilty.
Kremer questioned the pedestrian charge, saying that smoking marijuana in public is an infraction. The felony and misdemeanor counts were dismissed Oct. 13 along with the rest of the case.
Probation violation pursued instead
Lopez was on probation at the time of the arrest. Orange County court records show he pleaded guilty in January to carrying an unregistered firearm in public, possessing a concealed, loaded, unregistered firearm in a vehicle, evading a peace officer, reckless driving, hit-and-run involving property damage and resisting a public or peace officer.
He was placed on two years’ probation. Prosecutors now accuse him of violating those terms after the Oct. 1 incident.
A probation violation hearing is reportedly set for December. A probation violation is handled separately from the dismissed criminal case, and Lopez has not been found in violation.
Police chief says department is reviewing the arrest
Santa Ana Police Chief Robert Rodriguez said in a public statement after the arrest drew attention that he was aware of the incident and had personally reviewed it. He said the department takes every use of force seriously.
Rodriguez said the department was reviewing body-worn camera evidence, reports and the circumstances surrounding the arrest, and that the facts should guide its conclusions.
Council votes for independent investigator
The Santa Ana City Council voted unanimously Oct. 6 to direct the city attorney and city manager to hire an independent investigator who would report to the council under Section 1100 of the City Charter. The council acted alongside a separate administrative investigation into whether officers violated department policy.
Mayor Valerie Amezcua said the incident raised serious questions about whether the force used was necessary and consistent with policy. She said she supports transparency and a thorough investigation, and that the review should be quick rather than take years, within the limits of state law on police officer discipline.
The council also directed that the officers’ names and body-camera footage be released if it is determined that Lopez suffered great bodily injury.
Officials respond to the arrest and dismissal
Councilman Johnathan Hernandez said at the Oct. 6 meeting that the incident showed a department that thinks it is above the law. He demanded that the district attorney file charges against the officers, and he said, “When there is misconduct, police should not investigate police.”
Orange County Supervisor Vicente Sarmiento said “a verbal act does not warrant a beating” and said he hoped the district attorney would look at the arrest. Councilmember Phil Bacerra said he would resist making declarations until the independent investigation is complete.
How Santa Ana reviews police conduct
Santa Ana’s Police Oversight Commission was created to improve transparency and increase accountability and public confidence in the police department, according to the city. The commission acts through an Independent Oversight Director who provides independent investigations of police practices, misconduct and serious uses of force to the chief of police, city manager and City Council.
Within the department, the Internal Affairs unit is responsible for investigating allegations of employee misconduct, officer-involved shootings and in-custody deaths, the city says. The department also publishes a monthly use of force report to inform the community about use of force encounters.
Independent investigation remains pending
The criminal case from the Oct. 1 arrest has ended, but the probation violation proceeding against Lopez is expected to continue. The administrative investigation and the council’s independent investigation of the officers’ conduct remain underway.
