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Police Say Party Melee Began With a Shove : Trial: The four defendants accused of resisting arrest claim that they were victims of brutality. They threaten to sue Oxnard.

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TIMES STAFF WRITER

Two Oxnard police officers testified Thursday in Ventura County Superior Court that a bloody free-for-all between police and guests at a graduation party started when a party-goer shoved an officer against a wall.

The testimony came in the trial of four men charged with resisting arrest but who say they were the victims of police brutality and have threatened to sue the city.

During the early morning melee on June 15, police arrested Anthony Flores, 22, and his brothers Alex, 19, Luis, 24, and another party guest, Aurelio Guerrero, 19.

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The four men are among eight party guests who have each filed $6-million claims against the city for injuries they say they suffered in unprovoked beatings by police. Three others also have filed $6-million claims, saying they suffered emotional distress while watching the alleged brutality. The claims are required by law before a lawsuit can be filed.

“A lot of folks were covered with blood, a lot of heads split open, none were cops,” said Richard Hanawalk, a lawyer representing Anthony Flores in the criminal case.

Deputy Dist. Atty. Mandee Sanderson said the officers used justifiable force to defend themselves. “The defendants were injured but any injuries were due to their own actions against the officers,” she said.

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Each charge of resisting arrest carries a maximum penalty of a year in jail and $1,000 fine.

The defendants’ lawyers acknowledged that the outcome of the case could have an effect on a lawsuit the defendants are preparing against the city.

“An acquittal would be a psychological advantage,” Hanawalk said.

The fracas began when Officer Nelson Latimer and three other officers went to the house of Luis Flores Sr. in the 1300 block of South E Street to respond to a complaint about a loud party. A fracas ensued involving 18 officers and about a dozen party guests.

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During testimony Thursday, Latimer said he was talking to Luis Flores Sr. about the noise complaint when he was confronted by Flores’ son, Anthony. Although Latimer acknowledged that he pushed Anthony Flores away gently, the officer said the fight began in earnest when Anthony Flores shoved him back against the wall. Latimer said he told Anthony Flores not to get involved and pushed him away gently.

Latimer and Flores then got into a shoving match that ended when both fell to the ground in front of the house, he said.

Latimer said that when he got to his feet he sprayed Anthony Flores with mace. During further questioning by defense attorneys, Latimer said he also may have sprayed Anthony Flores’ mother, Dominga Flores, who was standing nearby.

In testimony later in the day, Officer James O’Brien said he tried to intervene in the shoving match by swinging his flashlight at Anthony Flores. “I was going to strike Anthony on the arms with my flashlight,” he said. Instead, he said he hit Alex Flores on the head.

O’Brien testified that he was then approached by three other men who began to swing at him. While he was fending off the men with his flashlight, O’Brien said he felt Anthony Flores trying to pull him down by the legs. He said he hit Anthony Flores twice on the head with his flashlight.

O’Brien said he then called his service dog, Max, to help disperse the party-goers, who ran to the back yard.

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It took police an hour to disperse the party and arrest the four men, police said.

Anthony and Alex Flores were treated at a hospital for head injuries, while Latimer was treated for a sprained wrist.

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