Tuesday against a 28-year-old Santa Ana man who was arrested earlier this month after he was repeatedly punched on the ground by two police officers in an encounter captured on video.
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Prosecutors said they instead decided to pursue a probation violation against Florentino Lopez Jr. stemming from an earlier conviction on gun charges.
Lopez was detained by two Santa Ana police officers near his home on Oct. 1. According to his attorney, John Kremer, the officers were driving by in their patrol car when they spotted Lopez in his backyard and called him over to them. Video footage shot by a family member shows Lopez placed against the patrol car before an officer throws him to the ground after he appeared to go back and forth with them.
The footage then shows officers punching him multiple times.
Lopez appeared Tuesday, Oct. 13, to be physically healing from the injuries he sustained during the arrest, with one eye that appeared visibly black and puffy. He told the Register on Tuesday he had “raccoon eyes” and a badly swollen face, making it difficult for him to sleep.
His family shared photos with the Register that seemed to corroborate the extent of his injuries.
Lopez had faced four charges, including one felony and one misdemeanor count of resisting officers, jaywalking and smoking marijuana near a school. Family members previously told the Register they didn’t know what charges he was initially faced, and it took almost two days before they could find out where he was following his arrest.
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The district attorney’s office said the probation violation stems from his January guilty plea to two felony counts of carrying a loaded, unregistered firearm and misdemeanor counts of hit and run with property damage and resisting and evading a peace officer.
He was sentenced to two years probation, 20 days in jail and restitution.
“Based on the totality of the evidence in the case, including the body worn camera video, we determined that pursuing the probation violation was the most appropriate sanction,” said department spokesperson Kimberly Edds.
Edds added that prosecutors have not made a decision on the conduct of the officers, pending the outcome of an independent investigation ordered by the city.
Lopez and his attorney said Tuesday they were pleased with the decision to drop the charges, which Kremer said were based on a “narrative presented by the police.”
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