Hollister
– San Juan Bautista city councilman George Dias pleaded not
guilty at a court hearing Tuesday to a misdemeanor charge of
resisting arrest causing serious injury.
Hollister – San Juan Bautista city councilman George Dias pleaded not guilty at a court hearing Tuesday to a misdemeanor charge of resisting arrest causing serious injury.
Dias, 45, was arrested April 14 after an altercation with a San Benito County Sheriff’s Office deputy on Mission Vineyard Road in San Juan Bautista.
The first-term city councilman will appear in court again on June 19 for a pretrial conference. At the conference, the defense, prosecution and judge will meet to discuss the case.
Larry Biegel, Dias’ attorney, said scheduling the conference in June will give the defense time to investigate the charge.
“You can resist an officer if he is doing something unreasonable,” Biegel said. “And I think ultimately that is what this case is all about.”
Dias would not comment outside of the courthouse Tuesday morning.
District Attorney Candice Hooper filed the misdemeanor charge against Dias on May 15.
“It’s too early to comment on anything,” Hooper said Tuesday.
After arresting Dias in April, the sheriff’s office recommended three felony and two misdemeanor charges to the district attorney’s office.
The felony charges included battery with serious bodily injury, battery on a peace officer resulting in injury and obstructing an executive officer.
Hooper told the Free Lance last week that after reviewing the sheriff’s report and witness statements, she believed the misdemeanor charge was appropriate.
“I think the district attorney’s office has been very fair,” Biegel said.
The San Juan Bautista Fire Department and sheriff’s deputies had responded to a trailer fire on property owned by Dias in the 600 block of Mission Vineyard on April 14.
Lt. Roy Iler previously told the Free Lance that Dias refused to follow the directions of deputy Jason Leist, who was attempting to clear a road to allow access to the trailer for firefighting equipment.
Dias refused to move, and Leist suffered cuts to his head when he, the other deputy and the councilman fell into nearby shrubs, Iler said.
The April incident marked the second time the sheriff’s office has arrested Dias in the last three years.
In May of 2004, he was arrested on suspicion of driving under the influence and drunken driving. Deputies said Dias had a blood-alcohol level of 0.22, nearly three times California’s legal limit of 0.08.
After taking office in January of 2005, Dias was convicted of misdemeanor drunken driving and sentenced to 15 days in jail, three years of probation and fined $1,710, according to San Benito County Superior Court documents.
It will be up to a judge to determine whether Dias violated the terms of his probation.
If convicted of misdemeanor resisting a peace officer causing serious injury, Dias could face up to one year in the county jail.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or
mv*********@fr***********.com
.
