Deputy accused of DUI in Newark set for pretrial hearing

Johnny Pena, the San Benito County sheriff’s deputy accused in Newark of driving under the influence while in a patrol car, is set for a pre-trial court hearing May 3 in Alameda County.

Pena, a San Benito County K-9 deputy, has pleaded not guilty to the DUI charge related to a Feb. 13 arrest in Newark during a training trip. Pena, age 33 at the time of the arrest and a Hollister resident, is scheduled for a pre-trial hearing at 9 a.m. May 3 in Alameda County, according to a spokeswoman for the Alameda County District Attorney’s Office.

Newark police arrested Pena on suspicion of DUI after he crashed the vehicle in a solo-car wreck at 1:18 a.m. Feb. 17 on Mowry Avenue at the Newpark Mall. A source familiar with arrest details confirmed Pena had been driving a patrol car and that it happened during a training trip. Newark police cited Pena at the police station and released him to another party.

Newark police has denied a Public Records Act request submitted by The Pinnacle for the citation or other related investigative documents, while contending law enforcement records of investigations are exempt from disclosure. The Newark Police Department previously had denied requests for further information in the case – beyond basic details provided after the arrest that included the suspect’s name, the time of the arrest, and the suspected charge.  

In the days following the arrest, the San Benito County Sheriff’s Office placed Pena on administrative leave. A county personnel official, Jackie Credico, confirmed that Pena’s status has not changed.

Sheriff Darren Thompson this week declined to comment on Pena, but shortly after the arrest did say this in a statement: “We are very disturbed by this event, and we are determined to hold staff members accountable for their actions. After the completion of a thorough personnel investigation, the appropriate personnel action will be taken. The deputy involved has been placed on Administrative Leave, and will not return to work while the matter is pending.”

Pena has been with the sheriff’s office since November 2004.