Clovis County Deputy accused of excessive force Against Latino Man

A Clovis man recently acquitted of battery charges against a county sheriff’s deputy has filed a notice to the county that he intends to sue the deputy for using excessive force. Gilbert Martin Lopez, found guilty of evading arrest in his Feb. 2 jury trial, claims his civil rights were violated during the incident in December 2002. Lopez’ attorney, Dan Lindsey of Clovis, said Tuesday a police video of the arrest at a Melrose gas station shows the sheriff’s deputy using a taser on Lopez multiple times and slamming him against the hood of the deputy’s cruiser. Lindsey said he is seeking attorney’s fees, a possible pain and suffering settlement and guidelines to be placed on the use of tasers. Curry County Sheriff Roger Hatcher and deputy Sandy Loomis said Lopez was evading arrest and Loomis used appropriate force to subdue a man he believed was a violent threat. The taser is used as a tool to force compliance, Hatcher said, and each deputy makes the judgment call of when it is necessary. Loomis said the possibility of a lawsuit angers him, especially since he believes he handled the potentially dangerous situation with appropriate force. Hatcher said Lopez chose not to comply with the deputy’s instructions and began to fight. “When you are a’hold of somebody, you can tell when they are actively resisting,” Hatcher said. “Without any question in my mind, deputy Loomis acted well within the law.” According to court records, DWI and harassment charges against Lopez were dismissed. Lindsey argued in court that the sheriff’s deputy mistakenly believed Lopez had a violent criminal history, and acted against him as though he were a violent threat. “Whether or not the information was true or not, (that) didn’t justify the officer ... to use that kind of force on anybody,” Lindsey said.  Police were called to the gas station in Melrose on a harassment complaint on Dec. 20, 2002. The video, from Loomis’ cruiser, was subpoenaed by Lindsey for last month’s trial. It shows Loomis approaching and grabbing Lopez, and then forcing him against the hood of the cruiser. All the while Loomis is shouting at Lopez to put his hand behind his back. He uses the taser, which emits a 50,000-volt charge, a number of times to force compliance. Hatcher said Lopez was belligerently evading the arrest by keeping his arm in front of his body. Lindsey said his client was trying to comply, but his leather jacket was pinned beneath his body, which restricted him from pulling his arm around back. After the altercation on the hood of the car, Lopez and Loomis go out of sight of the camera where they continued the struggle on the ground.  [more] and [more]