Former San Jose officer faces new accusation
Monterey County Herald, The (CA)
February 28, 2003
Section: News
Page: A1
JONATHAN SEGAL
A Salinas man scheduled to appear in court today on assault charges alleges he was brutalized by a Salinas police officer under scrutiny because of previous allegations in San Jose.
Attorneys for Eric Arro, 44, will ask the court today for more time to investigate the background of officer Robert Reichert. Arro is accused of resisting arrest and assaulting a peace officer, charges stemming from a Jan. 30 arrest by Reichert and two other officers.
The Salinas Police Department hired Reichert in July, months after he had resigned from the San Jose Police Department after a rocky 10 years. On Tuesday, San Jose officials agreed to pay $390,000 to settle a lawsuit filed by a man who contended he was beaten by Reichert in 1999.
News of that settlement prompted the NAACP and others this week to question why Reichert had been hired in Salinas.
Salinas officials have said he was well-qualified and fared well during the city's screening process.
Richard Rosen, Arro's attorney, said Thursday that his client's case proves the city made the wrong decision.
"What everybody feared has already come true," Rosen said.
Traffic stop incident
Police reports from Arro's arrest show a traffic stop that escalated into a heated confrontation, culminating in Reichert striking an uncooperative Arro in the back of the head before subduing him on the ground. Photos taken a few days later show Arro with a bloodied face, black eyes and a knot on the back of his head. Reichert came away from the incident with a broken right hand.
The night of Jan. 30, Reichert and another officer, Blaine Streett, pulled Arro over at East Alisal and Front streets after noticing a broken license plate lamp on the truck he was driving.
According to Streett's report, Arro, sitting on the curb, became belligerent when Reichert began opening the truck door to search the vehicle, although Arro had earlier consented to the search. As Reichert began to shine his flashlight into Arro's face, Arro said, "If you want to go, let's go now," Streett reported.
Arro, according to the reports, stood up and cocked his arm as if he was going to hit Reichert. Reichert grabbed Arro's arm and "directed" him to the ground.
Assisted by Streett and officer Jeffrey Ramsden, Reichert punched Arro on the back of his head, then kneed Arro twice in the ribs.
Treated for cuts, bump
Paramedics took Arro to Natividad Medical Center for treatment for cuts on his face and a bump on his head. Interviewed at Natividad, Arro told Ramsden that Reichert "struck him five or six times, grabbed him by the collar, and shoved his face in the ground while continuing to hit him."
Arro told Ramsden that he had spent time in prison for burglary in the 1980s but considered himself rehabilitated. He said he was working at a Monterey convalescent hospital and doing volunteer work at the jail.
Reduced to misdemeanor
The Monterey County District Attorney's Office originally charged Arro with battery resulting in serious bodily injury, a felony, and resisting a police officer. Prosecutors later reduced the felony charge to a misdemeanor.
Salinas police Capt. Rick Moore said Thursday that he was not aware of any excessive force complaints against Reichert at the Salinas Police Department.
Arro has not filed any complaints or lawsuits against the city, but his attorney, Rosen, said that could happen.
"When Eric came to me, I listened to him for a long time, and I said that 'I believe you, but it's going to be a very hard case because there's no other evidence to back this up,'" Rosen said. "But now we have evidence about the true nature of this police officer. We know this is not an isolated incident."
Asked why Arro didn't file a complaint before learning of the San Jose settlement, Rosen said his client had little faith that a complaint would have been taken seriously. Rosen said Reichert's hiring, despite multiple allegations of brutality in San Jose, is evidence that the Salinas department does not care about brutality complaints.
Under scrutiny 3 times
While on the San Jose force, Reichert came under scrutiny three times before his resignation in March 2002.
In 1997, Reichert fatally shot an armed motorist on a San Jose highway. The department's investigation cleared Reichert, finding that the driver appeared to be reaching for a gun.
In 1999, Aaron Rivera, 23, accused Reichert of using excessive force for hitting him several times with a baton while arresting him. Rivera was participating in a Cinco de Mayo celebration when Reichert and his partner chased him, suspecting he was involved in the theft of another reveler's jacket.
The officers said Rivera had been carrying a lead pipe, but they couldn't find it.
Rivera's attorney, Randall Scarlett, said the officers pushed Rivera through a doorway and threw him to the ground. Reichert then struck Rivera repeatedly with a baton, breaking his arm and fracturing his skull. Reichert maintained the blow to Rivera's head was accidental.
A jury convicted Rivera of fleeing a peace officer, but acquitted him of carrying a weapon. The jury could not decide whether Rivera resisted arrest.
This week, the city of San Jose settled Rivera's brutality lawsuit, paying him $390,000 while admitting no fault.
A third incident, shortly before Reichert's resignation, involved an allegation that the officer had threatened a jail inmate accused of killing another police officer. The Santa Clara County District Attorney's Office concluded Reichert's conduct was unprofessional but not illegal.
Chief to meet NAACP
Tony Anderson, chairman of the Salinas Valley NAACP, said he has scheduled a meeting with Salinas Police Chief Daniel Ortega about Reichert.
"I have every confidence we're going to work something out," said Anderson. "But until I talk to the chief and know all the facts, I really don't feel comfortable discussing it."
Ortega was not available to comment because he is on bereavement leave following his mother's death. Salinas Mayor Anna Caballero said she has faith in Ortega's decision to hire Reichert.
"I continue to support the chief's decision, whatever the decision is," she said. "He's the expert."
Ortega was deputy police chief in San Jose before being hired in Salinas in 1999. Capt. Moore said he doubted that Ortega would have cut a former colleague any slack in the hiring process.
Background checks
Moore said Reichert would have had to pass several background checks, a psychological examination and a polygraph test before being hired in Salinas. He said the department is satisfied that it conducted appropriate background checks.
Moore said that, like most new hires, the department assigned Reichert to the patrol division.
Earlier this week, Moore said the department had "no issues" with Reichert's performance. On Thursday, Moore said that the department placed Reichert on light duty while he recovers from an injury.
The San Jose Mercury News and Herald staff writer Joe Livernois contributed to this report.
Jonathan Segal can be reached at 753-6755.
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