The arrest of a San Juan Bautista city councilman last weekend
on suspicion of assaulting a sheriff’s deputy raises some serious
questions, both legal and political.
The arrest of a San Juan Bautista city councilman last weekend on suspicion of assaulting a sheriff’s deputy raises some serious questions, both legal and political.
George Dias, who was elected to the San Juan Bautista council in 2004, was arrested Saturday after a scuffle with Deputy Jason Leist at the scene of a trailer fire. According to the Sheriff’s Office report on the incident, Leist was trying to clear a road to allow firefighting equipment to reach the trailer and ordered Dias to get out of the way. The councilman responded by saying, “Go get a real cop. I am not moving,” according to the report.
The exchange of words turned into a physical confrontation. Leist ended up receiving stitches in his ear and cheek at Hazel Hawkins Memorial Hospital, while Dias ended up in handcuffs and, eventually, the San Benito County Jail.
The sheriff’s office this week asked the District Attorney’s Office to charge Dias with three felonies and two misdemeanors. As of Thursday afternoon, charges had not been filed.
It’s important to remember that the councilman – like any citizen – is innocent until a court says otherwise. Further, Dias remains on the San Juan Bautista City Council and was in attendance at Tuesday night’s meeting. He would be required by law to step down from the council only if he is convicted on one or more of the felony counts recommended against him.
But there are a couple of significant wrinkles in this strange story.
Dias is on probation for a 2005 conviction for misdemeanor drunken driving. Was his involvement in the altercation with the deputy a violation of his probation? That will be up to a judge to determine.
Dias is also one of two councilmen who make up a committee that is about to begin negotiating a new law enforcement services contract on behalf of the city of San Juan Bautista with the sheriff’s office. Could his arrest on Saturday affect his ability to bargain in good faith with the very agency that put him in handcuffs? Only Dias himself can answer that with certainty.
But at the very least there would be the appearance of a conflict of interest. To ensure that the negotiators representing San Juan Bautista are serving only the interests of the people they represent, with no personal issues or agendas involved, Dias should step down from the committee. If he fails to do so, the city council should remove him from the committee before negotiations begin.
Given the apparent lapses in personal judgment exhibited by the councilman, as reflected by his drunken driving conviction and this latest arrest, it would also be prudent not to allow Dias to represent the city on any external commissions or boards. That means that, until his legal case is decided, Dias should not be representing San Juan Bautista on the board of the San Benito County Council of Governments.
Dias will have his day in court. Until then, he should remain on the city council but should not be representing the city as a negotiator or in any other capacity with outside agencies.
