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Suit targets city, county, sheriff |
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Written by John Saiz / Patterson Irrigator
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Wednesday, 06 August 2008 |
“I’m confident my staff acted appropriately. Beyond that, I can’t comment.”
— Adam Christianson, Stanislaus County sheriff
A $6.3 million suit targeting the Stanislaus County Sheriff’s Department alleges that Patterson deputies unjustly arrested two men at the 2006 Apricot Fiesta and that Patterson’s police chief had deputies write false reports about the incident so he could settle a personal grudge.
The county is fighting the suit filed by Wayne Smith, 25, his mother, Tammy Smith, 50, and George Denton, 59, all of Patterson. The plaintiffs are seeking a little less than $6.3 million in damages, plus legal fees. The City of Patterson and Stanislaus County are also named in the suit.
“I’m confident my staff acted appropriately,” Stanislaus County Sheriff Adam Christianson said. “Beyond that, I can’t comment.”
In court documents, the plaintiffs claim an altercation involving deputies that started in front of Mil’s Bar & Grill at about 11 p.m. July 3, 2006, the night of the Apricot Fiesta, turned into unjustified arrests. The reports deputies wrote tell a different story.
The suit
The plaintiffs claim they were targeted and harassed for no reason and that after agreeing to leave the bar’s parking lot, deputies continued to provoke them by making fun of Wayne Smith’s military experience.
Then, they claim, a deputy took Denton to the ground for no reason. Denton and Wayne Smith were arrested and taken to Stanislaus County Jail in Modesto. While in route, Denton, who had recently had multiple surgeries, requested medical attention because of severe discomfort from being handcuffed behind his back and being in a cramped backseat. The deputy never got Denton medical treatment.
Smith and Denton were both booked, but charges were never filed against Smith. Denton pled guilty to being drunk in public, but Denton’s lawyer, Anthony Boskovich, said he did so only because he lacked the money and time to fight the charges.
Deputies did not arrest Tammy Smith the night of the incident, but later the district attorney brought charges against her for obstructing justice.
Boskovich said Patterson police Chief Tyrone Spencer told his deputies to write reports that exaggerated her behavior, resulting in the district attorney filing charges against her.
Last week, a Stanislaus County judge dismissed the criminal case against Smith because of a lack of evidence.
“The ruling by the judge pretty much says it all,” Boskovich said.
The suit also says Spencer targeted Smith because in either 1997 or 1998, a former Patterson deputy hired Smith’s husband, private investigator Johnny Smith, though it never explains why Spencer would hold a grudge against Tammy Smith or her husband.
The reports
Police reports filed by Stanislaus County deputies describe a very different scenario.
Sgt. Joe Camarda of Patterson Police Services said in a report that he went to Mil’s after the downtown festivities had shut down. The bar was packed, and dozens of people were outside waiting to get in.
Some of those people, including Wayne Smith, were drinking beer from plastic cups. Camarda told the people they could not drink outside the bar and needed to throw away their beer.
Smith continued drinking, and Camarda confronted him and told him he needed to go home. Denton intervened, but eventually Camarda convinced Denton and Smith to leave.
However, as they walked away, they continued to yell at Camarda and other deputies who had arrived on the scene.
A detective said one of the men threatened to shoot the deputies. That’s when deputy Marc Martinez arrived. In reports, Martinez said he was responding to reports that two men were causing a disturbance.
When he arrived, he attempted to talk to Smith, who continued to walk away. Tammy Smith then stepped in front of him and put her hands on his arms. Martinez told her to let go, and when she wouldn’t, he shoved her aside.
Denton then stepped in front of Martinez and tried to prevent him from approaching Wayne Smith.
Eventually, Smith walked back toward Martinez, at which point Martinez brought him to his patrol car and searched him. Smith began yelling at him, and Martinez, who thought both Denton and Smith were so drunk that they needed to be arrested, booked them into county jail.
The county has responded to the suit and is preparing to fight it.
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Thanks,
Antonio