No Charges Filed in Santiago Arrest

SAN DIEGO —  Charges stemming from an arrest two weeks ago will not be filed against Padre catcher Benito Santiago, Kimberlee Lagotta, deputy district attorney in the South Bay office, said Monday.

Santiago was arrested on the suspicion of driving under the influence of alcohol and resisting arrest and spent more than four hours in jail the night of Dec. 23. But Lagotta said her office had concerns whether any misdemeanor charges it filed would stand up in court.

“We had all of the evidence before us we were going to need and, based upon the evidence we had, (the charges) couldn’t have been proven beyond a reasonable doubt at trial,” Lagotta said.

Said Scott Boras, Santiago’s agent and attorney: “We’re very pleased. Obviously, we felt Benito’s conduct in this situation was nothing other than a father being a father and a brother being a brother.”

Santiago was arrested after stopping to assist his sister, Eneida, who had been pulled over by Coronado police officers in the area of the Coronado Toll Plaza at 11:33 p.m. on the night of Dec. 23. The officers thought she had been driving erratically, but she was not cited.

Santiago’s daughter, Benny Beth, 5, was in the car with Eneida, 42, and Santiago was in a separate vehicle with his wife, Blanco. Santiago’s vehicle was ahead of Eneida’s but, when Eneida was stopped, Santiago said he also pulled over because his sister does not speak English. He also said he wanted to calm his daughter, who was crying.

He said he was beaten by three officers and sustained a black eye, a scratch on the side of his face, a sore neck and a sore forearm. Coronado Police Chief Jerry Boyd, though, said Santiago was subdued by officers when he wouldn’t calm down.

Boyd said he was disappointed with the district attorney’s decision but that he understood.

“The standard by which a police officer needs to make an arrest is probable cause,” Boyd said. “In my discussions with the district attorney, she said very clearly, ‘Your officer had probable cause to make a legal arrest.’

“On the other hand, the legal standard to prove something in court is proof beyond a reasonable doubt. We had enough legal cause to make an arrest, but there wasn’t enough the (sell) a jury.”

As for Santiago’s blood-alcohol content, Boyd said: “I can tell you, from the information we have, it was in excess of the minimum standard.”

He said it was against policy to divulge what it was. Lagotta would not release the information, either.

Apparently, though, the blood-alcohol test might have been challenged in court. According to a source close to the investigation, part of the problem the district attorney’s office found was that Santiago’s blood was not drawn for more than two hours after his arrest. According to California law, a driver is considered impaired if his blood-alcohol measures .08 or higher at the time he is driving.

As for the resisting arrest charge, the district attorney’s office considered Santiago’s stress at the time.

“We looked at the stressful situation,” Lagotta said. “We looked at the citizen and the stress he was under. We weighed the two and came up with the decision. It’s kind of like taking a snap-action shot of the scene.”

Two weeks ago, Boras told The Times that he intended to scrutinize police conduct in the case relating to Santiago’s injuries and possibly pursue litigation. After Monday’s district attorney’s decision, Boras said he still intends to review the case but that it will not be a top priority.

“Benito and I have some important baseball decisions to make in the next six weeks,” Boras said, referring to Santiago’s impending salary negotiations. “After that, we’ll get copies of the police reports and make a determination at that time. We’re going to be very thorough in whatever we do.”

As for the Padres, General Manager Joe McIlvaine was pleased with Monday’s decision.

“It’s an unfortunate incident,” McIlvaine said. “They’ve happened before, and they will happen again. Hopefully, it’s all past history.”

Santiago played in 100 games for the Padres last summer and batted .270 with 11 home runs and 53 RBIs. Despite missing two months with a broken left forearm, it was his best season since 1987, when he had a 34-game hitting streak and was a unanimous choice for NL Rookie of the Year.