Police launch internal investigation

Lolita Harper

The Police Department launched an investigation into the possible

use of excessive force by an officer after receiving complaints about

an incident involving the arrest of a 24-year-old Huntington Beach

man at a party this weekend, police said.

Costa Mesa Police Chief Dave Snowden said police officials are

conducting a routine investigation into an undisclosed number of

allegations that stemmed from the arrest of Josef Khamis during a

party in the 2100 block of Pacific Avenue early Saturday morning.

“We are at the point now where we have an allegation, strictly in

the form of a complaint, and we investigate any and every complaint,”

Snowden said.

Police did not release copies of the complaints because state law

prohibits disclosure of personnel records, Snowden said. Police

officials also did not say how many complaints were received to date.

Khamis was arrested on suspicion of resisting arrest and being

drunk in public after police responded to a complaint of a loud party

at about 1:20 a.m. Saturday, Lt. Dale Birney said. It was the second

police visit to the same apartment, Birney said.

Nichole Deberry, 23, was also arrested on suspicion of resisting

arrest, loud and unreasonable noise and assault. Birney did not

provide details of the alleged actions that led to the arrests of

Khamis or Deberry.

Khamis said Monday that he was falsely arrested and accused the

arresting officer of using excessive force while Khamis was

handcuffed.

“I was not intoxicated, I was not on public property and I was not

resisting arrest,” Khamis said. “In front of other witnesses, the

[officer] used excessive force while I was restrained in handcuffs,

causing injury and property damage.”

The arresting officer was Sgt. Gary McErlain, according to arrest

reports. Police did not confirm if McErlain was the subject of the

complaints.

Khamis also disagreed with the police interpretation of a party,

saying it was a small get-together at a friend’s house.

“Pretty much, it was a handful of adults getting together for a

fun time,” Khamis said.

Khamis said many of his friends have already filed complaints and

he is in the process of doing the same. Snowden said each person will

be contacted and interviewed as part of the investigation, and police

officials will then decide whether the complaint is sustained.

“We’ll find out if there was any excessive force and if there was,

believe me, we’ll deal with it,” Snowden said.

* LOLITA HARPER covers Costa Mesa. She may be reached at (949)

574-4275 or by e-mail at lolita.harper@latimes.com.