Vista resident Gerardo Martinez Sr. was facing a felony charge of resisting an officer using force or violence, but the San Diego County District Attorney’s office decided not to pursue charges against him. Both he and his son, Gerardo Martinez Jr., were arrested last week after the San Diego County Sheriff's Department said it was responding to a domestic violence call.
A neighbor shot video of that arrest and the family said it shows the officers physically abusing the two men. Since then, the sheriff’s department has put two deputies on administrative assignment and said it is conducting an internal investigation.
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Gerardo Martinez Senior was in Vista Superior Court Monday afternoon to be arraigned when the District Attorney's office announced the charges would be dropped.
The lawyer for the family said the neighbor’s video is what lead to the charge against the father being dropped.
“They dismissed the case because of the video," said Francisco Javier Aldana. "Had it not been for an innocent bystander, a person that was watching what happened, this case would have never been dismissed.”
The District Attorney's office would not confirm if the neighbor's video played a roll in its decision not to pursue the charge. Gerardo Martinez Jr. was arrested last week on a number of charges including false imprisonment and assault with a deadly weapon. He will be in court for a readiness hearing this Friday and is facing more than six years behind bars if convicted.
The family and their attorney said they are pleading not guilty and will fight the charges. They have also called for a release of the deputy's body-worn cameras. In a statement the San Diego County Sheriff's Department said they are withholding the video as it is considered evidence in its ongoing investigation.
