OC prosecutors drop charges against man punched by Santa Ana police

Orange County prosecutors have dismissed criminal charges against Florentino Lopez, whose Oct. 1 arrest was captured on video showing Santa Ana police punching and restraining him, according to Voice of OC. Prosecutors are still pursuing a probation violation.

The dismissal does not end Lopez’s legal proceedings or resolve questions about the officers’ conduct. The Santa Ana City Council has unanimously authorized an outside investigation, while Lopez faces a probation violation hearing in December.

District attorney’s spokeswoman Kimberly Edds said Wednesday that prosecutors reviewed the evidence, including body-worn camera footage, and concluded that pursuing a probation violation was the appropriate sanction, according to Voice of OC. Lopez’s attorney, John Kremer, said that proceeding rests primarily on allegations from the dismissed case.

The Oct. 5 complaint accused Lopez of resisting arrest, smoking marijuana near a school, day care or youth center and unlawfully obstructing the roadway. He pleaded not guilty. Voice of OC reported that he is on probation for a hit-and-run, carrying a loaded gun and reckless driving.

Video of the arrest shows an officer throwing Lopez off a police car’s hood and onto the street, then punching his head repeatedly. Another officer pinned his legs, and two more officers joined in restraining him, according to the report.

The complaint lists officers by the surnames Casillas and Benavides. Kremer identified them as Luis Casillas and Marco Benavides, Voice of OC reported. Kremer suggested the video and public response may have influenced the dismissal; that was his assessment, not the explanation prosecutors gave.

Along with approving an outside investigation, the City Council conditionally authorized disclosure of officers’ names and body-camera footage if the incident is legally determined to have caused great bodily injury. Police union leaders opposed the council’s decision to seek an outside investigation, according to Voice of OC.

Orange County Supervisor Vicente Sarmiento urged the district attorney to review the incident and hold law enforcement accountable. Speaking at Tuesday’s supervisors meeting, he said Lopez’s verbal conduct did not justify a beating, Voice of OC reported.

The district attorney’s office has not reached a decision on the officers’ conduct pending the independent investigation, according to Voice of OC. Lopez’s remaining probation proceeding is scheduled for December.