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White La Mesa Cop Claimed a Black Man Illegally Smoked, Failed to Pay Trolley Fee and Assaulted Him but Trial Evidence Shows He Didn't Smoke, Wasn't in Area Where Fare is Required and Didn't Touch Cop

From [HERE] A former La Mesa police officer who was involved in the controversial arrest of a man outside a trolley station last year, then was fired when investigators said he lied on a police report stemming from that arrest, appeared in an East County courtroom Tuesday.

Matthew Dages was in El Cajon Superior Court for the first day of a preliminary hearing, during which prosecutors presented witnesses to support the contention that Dages filed a false report — a felony. He has pleaded not guilty.

On Tuesday, several witnesses — most of them police officers — testified about the incident on May 27, 2020, when Dages approached Amaurie Johnson near the Grossmont Transit Center. The officer had accused Johnson of smoking in an area where it isn’t allowed and not paying a trolley fare, and can be seen in recordings of the encounter repeatedly pushing Johnson down onto a concrete bench.

No charges were filed against Johnson.

At the end of the court hearing, which is expected to conclude Wednesday, a judge will be asked to determine whether enough evidence exists for the case against Dages to proceed to trial.

The case focuses on statements Dages made in his report after the incident at the transit center.

As previously reported by the Union-Tribune, Dages wrote in his report that Johnson had been illegally smoking, had not paid a trolley fare as required and clenched his fists during the encounter. But, according to city records, an outside investigation found that Johnson had not been smoking and that he was standing outside an area where trolley fare is required.

Dages was fired Aug. 7 based on the findings of the investigation.

During Tuesday’s hearing, Detective Julie Jenson testified that she was present when Dages arrested Johnson, who was 23 at the time. She said Dages told her and other officers at the scene that he had approached Johnson because he thought Johnson was smoking.

Jenson said at some point she held some of Johnson’s belongings after he was arrested, but she never saw a cigarette, matches or a lighter.

La Mesa police Sgt. Russell Higgins, who approved Dages’ report, was asked to read several sentences from the document in court. He read sections where Dages wrote that he had “observed” Johnson smoking and “determined” Johnson was smoking.

Higgins said he sent the report back to Dages several times before he approved it, in part because he wanted further “justification” of Dages’ use of force.

Higgins testified he took no issue with the accusations against Johnson as discussed in the police report and trusted Dages’ account of the interaction. He noted that Dages had claimed Johnson had slapped the officers hand away during the encounter, which Higgins believed explained why Johnson was arrested on suspicion of assault on a police officer and delaying or obstructing an officer.

In June of last year, the Police Department said it would not seek prosecution against Johnson.

Johnson filed a wrongful arrest lawsuit in San Diego federal court, claiming Dages discriminated against him based on race and used excessive force.

Johnson’s arrest happened two days after George Floyd was killed by a Minneapolis police officer who pressed his knee to Floyd’s neck for more than nine minutes.

Both Johnson’s arrest and Floyd’s death led to protests in La Mesa. One demonstration devolved into a riot that resulted in vandalism and fires. During the unrest on May 30 and into the early hours of May 31, two bank buildings across the police station were burned to the grounded and a nearby historic building was gutted.

The preliminary hearing is expected to resume Wednesday.