Hollister
– San Juan City Councilman George Dias claimed in court
documents filed Friday that a sheriff’s deputy acted
”
aggressively
”
and used
”
excessive force
”
against him during an April altercation after which the official
was charged with misdemeanor resisting a peace officer causing
serious injury.
Hollister – San Juan City Councilman George Dias claimed in court documents filed Friday that a sheriff’s deputy acted “aggressively” and used “excessive force” against him during an April altercation after which the official was charged with misdemeanor resisting a peace officer causing serious injury.
Dias, 45, was charged in connection with the April 14 incident at the scene of a trailer fire in the 600 block of Mission Vineyard Road in San Juan Bautista. Deputy Jason Leist suffered seven stitches to the left side of his face when he, another deputy and Dias fell into shrubs during the altercation, according to the sheriff’s office.
Dias’ attorney, Larry Biegel, stated in court documents filed Friday that, according to witnesses, Leist approached his client in an “aggressive and belligerent manner while using profanity.” The documents were filed to request personnel information about Leist.
“In a belligerent manner, he told Mr. Dias he was going to give him to ‘the count of three’ to leave,” the document stated. “Deputy Leist began to rapidly count and before he reached three, he tackled Mr. Dias.”
Biegel alleged in the statement that Leist shoved Dias into a nearby shrub, and that “any injuries suffered by Deputy Leist were solely related to his own aggressive and unacceptable conduct.”
The sheriff’s office has stated Dias was blocking firefighting equipment from getting to the blaze. When Leist asked Dias to move, the city councilman told the deputy, “Go get a real cop. I am not moving,” according to the sheriff’s office.
Lt. Roy Iler has said when Leist attempted to arrest Dias, the councilman and deputy fell into nearby shrubs.
Dias’ court documents stated he was on his own property. Attorney Joseph A. Cisneros, who appeared in court Tuesday on behalf of Dias, filed a request to obtain any public complaints about Leist held within the sheriff’s office.
“We’re doing it as an exercise of caution to make sure we’ve looked into everything,” Cisneros said.
State law allows Dias to look into the arresting deputy’s background. It covers all of Leist’s records maintained by the sheriff’s office, including internal affairs investigations, citizen complaints, human resources files and records pertaining to psychological or medical information.
In the motion, Dias’ attorneys will have to lay out their defense and state what records they wish to see.
“They have the right to do that,” Sheriff Curtis Hill said. “That’s fine.”
San Benito County Superior Court Judge Steven Sanders scheduled a court appearance to hear the request on Aug. 23.
Sanders will review the motion and the deputy’s records before granting or denying the defense access.
