Thread: Video shows police breaking car's window at DUI checkpoint

Police say the driver failed to comply; two men face charges

ESCONDIDO: Video shows police breaking car's window at DUI checkpoint

By EDWARD SIFUENTES - esifuentes@nctimes.com
May 4, 2011 8:44 pm

Related Video

Raw Video of Checkpoint Arrests
A video of two young men being arrested at an Escondido sobriety checkpoint in February shows police breaking the window of their car after the driver refuses repeated requests to roll down his window and show his driver's license..

A video of two young men being arrested at an Escondido sobriety checkpoint in February shows police breaking the window of their car after the driver refuses repeated requests to roll down his window and show his driver's license.

The North County Times obtained a copy of the video on Tuesday from one of the attorneys for the men. It shows the driver, Angel Navarrete, and his passenger, Daniel Alfaro, as they drive to the checkpoint Feb. 11.

Navarrete and Alfaro, both of whom live in Escondido, were arrested and charged with resisting a police officer. Both men pleaded not guilty to the misdemeanor charge on March 29 in Vista Superior Court. The driver had a valid license and was not intoxicated.

The video is part of the evidence in the case against the two men. It was released by the San Diego County district attorney's office to the defense attorneys, one of whom provided the video to the North County Times.

Anti-checkpoint activists have held numerous protests near the traffic checks warning drivers of the operations. They have accused the Police Department of harassing them because officers have videotaped and photographed protesters and asked them to move away from certain locations.

Alfaro is affiliated with Alianza Comunitaria (Community Alliance), a North County-based group that opposes checkpoints and immigration raids.

The seven-minute video taken by Alfaro, who was the passenger, appears to show that the two men planned to challenge the checkpoint by refusing to provide their driver's licenses. It shows the driver asking the passenger in Spanish what to say if asked for his driver's license.

"Nothing," the passenger answers. "The same thing, 'Am I being detained?'"

The district attorney's office and the Escondido Police Department declined to comment on the incident, saying the case is in litigation.

Victor Torres, an attorney representing Navarrete who provided a copy of the video, said his client did nothing wrong.

"There is no reason for this," Torres said regarding the arrest and the misdemeanor charge against his client.

The video, taken from inside the vehicle that night, is dark, grainy and has poor sound quality. But it provides a telling picture of what happened during the incident.

When the driver encounters the police officer at the checkpoint, he greets the officer. The driver's side window is lowered about 2 inches. Here is the conversation that follows:

Navarrete: "How are you doing?"

Officer: "Can you roll down your window?"

Navarrete: "I can hear you just fine."

Officer: "I want you to roll the window down."

Navarrete: "Why is that, sir?"

Officer: "Because I'm going to break it if you don't open it."

Navarrete: "Go ahead."

Officer "I'm sorry?"

Navarrete: "Go ahead."

Officer: "Go ahead and break it?"

Navarrete: "It's up to you.

Am I being detained or am I free to go?"

Officer: "You are not free to go."

Navarrete: "So am I being detained?"

Officer: "You are being detained."

Attorneys for the two men said they plan to argue in court that they were illegally detained because they had complied with what they were told to do, up to the point where the officer said they were detained.

Isaac Blumberg, an attorney representing Alfaro, said the window was rolled down enough to have a conversation.

"I contend that they did comply," Blumberg said.

The officers at the checkpoint did not ask the driver to show his driver's license until after both men were detained, Blumberg said.

The sound on the video is distorted and it is difficult to understand what the officer outside the vehicle said, but he appears to wave for another officer, who approaches the vehicle. The second officer appears to explain that the driver is required to show a driver's license or he will be taken to jail, but the exact words are difficult to hear.

Lt. Neil Griffin told the North County Times the day after the checkpoint that an officer asked the driver to provide a license and that the driver made "no attempt of any sort to produce one."

Navarrete repeatedly asks the officers whether he is being detained or whether he is free to go. The officers say he is being detained, according to the video. Navarrete asks why he is being detained.

"Last opportunity," the second officer says.

The second officer then attempts to open the locked driver's side door.

"Go ahead and break it," the second officer says.

The passenger then asks why the officer wants to break the window.

"Because we asked you to roll down the window," the officer says.

Alfaro then repeatedly asks for the officer's name and badge number, but neither officer appears to provide the information.

The video also shows that about two minutes after the incident begins, a police officer drives a patrol car in front of the vehicle, blocking the road.

Navarrete repeatedly asks the officers why they want to see his driver's license if the purpose of the checkpoint is a sobriety checkpoint.

At one point, one of the officers says: "You know why."

About 3 1/2 minutes after arriving at the checkpoint, an officer strikes the window, shattering the glass and then pulling it off toward the exterior of the car. One of the officers then opens the driver's side door, by reaching into the car and pulling the door handle.

In the video, Navarrete can be seen turning off the ignition, unfastening his seat belt and stepping out of the vehicle.

An officer handcuffs Navarrete, who offers no resistance. Another officer then enters the vehicle though the driver's side door and asks Alfaro to open the other door.

Moments later, the video ends.

Police confiscated the video camera and impounded the vehicle.

The district attorney's office provided a copy of the video to the defense attorneys last month.

A hearing on the case is scheduled for June 10, and the misdemeanor trial is scheduled for July 12 at the Vista Courthouse.

Call staff writer Edward Sifuentes at 760-740-3511.

The district attorney provided a copy of the video to the defense attorneys last month.

A hearing on the case is scheduled for June 10, and the misdemeanor trial is scheduled for July 12 at the Vista courthouse.

Call staff writer Edward Sifuentes at 760-740-3511.

http://www.nctimes.com/news/local/escon ... c17ee.html

Everyone knows if you drive thru a checkpoint, you are always asked for your ID. Refusing to comply is not a smart move.

IMO these guys deliberately went thru the checkpoint to "document" their refusal to comply and hopefully play up the race card angle . They got what they deserved.

Escondido has been overrun with illegal aliens for years and in spite of extreme efforts by the city, the Mexicans have won every battle. Although policing illegal and yard parking was mildly effective, spot checks for licenses, registrations, insurance and DUI have been the most successful. That drives the open borders crowd nuts. This looks like a set-up for another civil rights lawsuit.

They deserve the Dumbasses of the year award.

Originally Posted by Tom2

Escondido has been overrun with illegal aliens for years and in spite of extreme efforts by the city, the Mexicans have won every battle. Although policing illegal and yard parking was mildly effective, spot checks for licenses, registrations, insurance and DUI have been the most successful. That drives the open borders crowd nuts. This looks like a set-up for another civil rights lawsuit.

Ditto!

These guys were looking for trouble to begin with. They had their camera rolling before they got to a checkpoint.

Then they demanded the police to give information ,when in fact they were refusing to follow the directions of the officers. Just a pair of smart asses who should be put in jail.

I can see these people tryingh to push for an issue like "profiling" when in fact there was no such thing happening.

I would say the oficers had every right to break out the window. What do you think intoxcated people do when confronted by police? They act like a smart ass.

This was a total setup.

This reminds me of a post about drunken driver and police.
A drunken driver was stopped by the police, and he immediately picked up the bottle and was tanking up on wine, then told to police, I was drinkingfter driving, and now the car is placed here, you can do what you want to, I will go.
And then the driver walk away, the police was shocked.

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ESCONDIDO: Men whose car window was broken at checkpoint found guilty of resisting officer

By EDWARD SIFUENTES esifuentes@nctimes.com | Posted: Friday, January 13, 2012 10:00 pm

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ESCONDIDO: Video shows police breaking car's window at DUI checkpoint
VISTA: Trial for two men arrested at Escondido checkpoint will go forward
ESCONDIDO: Officers break window when driver fails to comply

Two men arrested at an Escondido checkpoint for failing to comply with police officers' orders were found guilty Wednesday and ordered to each pay a $500 fine, serve three years on probation and perform 40 hours of community service, according to their attorneys.

Police officers broke the window of the car the men were in after officers told them to roll down their window at the checkpoint and the driver, Angel Navarrete, would only roll it down about 2 inches.

Lawyers for Navarrete and his passenger, Daniel Alfaro, argued that police violated their clients' constitutional rights by detaining them without reason. But San Diego Superior Court Judge K. Michael Kirkman disagreed and found the two guilty of resisting a police officer.

Escondido police said that the judge's ruling shows the officers' actions were lawful.

"I feel that with this, it's been demonstrated that we did our job correctly," said Escondido police Lt. Tom Albergo, who heads the department's traffic division.

Victor Torres, an attorney representing Navarrete, said his client plans to appeal that ruling.

"We respectfully disagree with the court's ruling ... and that is why we will appeal," Torres said.

Escondido police checkpoints have been criticized by Latino rights activists and others saying that the checkpoints disproportionately affect illegal immigrants, many of whom are Latino and who are barred by state law from obtaining driver's licenses. Other critics say the operations are an excessive exercise of government police powers.

However, supporters of the checkpoints say unlicensed drivers make roads more dangerous. Police officials say the checkpoints help reduce hit-and-run crashes in the city and make roads safer.

The case stems from an incident at a Feb. 11 sobriety and driver's license checkpoint held by police on East Valley Parkway and Juniper Street.

About 7:30 p.m., Navarrete drove his car into the checkpoint with Alfaro holding a video camera recording the incident. The seven-minute video taken by Alfaro appears to show the two men planned to challenge the checkpoint by refusing to provide their driver's licenses.

When they approached Officer Jose Garcia, who was inspecting drivers, Navarrete greeted the officer. Garcia asked the driver to roll down his window.

"Why is that, sir?" Navarrete asked.

"Because I'm going to break it if you don't open it," Garcia said.

The exchange continued for a few minutes and then officers broke the window and arrested Navarrete and Alfaro for resisting an officer.

Torres argued that the arrest was illegal because there is no law that says a driver must roll down the window at a checkpoint. He said the driver's side window was rolled down far enough for the officer to conduct his inspection.

Isaac Blumberg, Alfaro's attorney, said his client would also appeal the ruling.

"Officer Garcia's response to a simple question was an immediate and physical threat to break the window," Blumberg said. "We are disappointed and respectfully disagree with the judge's finding the EPD's actions were lawful or reasonable. One should be able to ask an officer, 'why?', without risking detention and arrest for having questioned authority. Apparently though, not in Escondido."

Call staff writer Edward Sifuentes at 760-740-3511.

ESCONDIDO: Men whose car window was broken at checkpoint found guilty of resisting officer