Criminal trial begins in El Torito Grill brawl

Deepa Bharath

A jury trial began Monday for eight people facing several charges

stemming from a Costa Mesa restaurant brawl that they say police

officers sparked through excessive force more than a year ago.

Deputy Dist. Atty. Nico Dourbetas maintained that Costa Mesa

police officers were merely trying to quell the midnight melee that

broke out toward the end of a birthday party on March 24, 2001, at

the El Torito Grill at South Coast Plaza.

Defense Attorney Anthony Sessa argued that his clients -- facing

several charges ranging from resisting arrest to obstruction of

justice -- were responding to “excessive and unreasonable” force used

by the officers.

“They were acting in self defense because they were being

attacked,” he said. The defense’s evidence will show that some of the

officers who responded to the call “are known to have a history of

violence,” he argued, alleging that his clients were “assaulted with

batons” and “handcuffed and pepper-sprayed.”

Dourbetas presented his first witness, Michael Etcheverry, a

former El Torito Grill manager who was there the night of the alleged

fight.

Etcheverry said the birthday party, organized by Lorena Maae for

her husband, was going pretty smoothly until midnight. He said he

observed two men getting into a heated argument near the bar. The

situation soon got out of control and then several people got

involved in the fight, he said.

Etcheverry said he believed police did not use excessive force.

“The officers were trying to calm the situation,” he said. “But

the people there were ready to fight and just did not cooperate with

the police.”

Etcheverry said he saw one person assault an officer and several

people “scuffling with the police.”

Maae’s mother, Carmen Jimenez, also filed a civil lawsuit against

the city on March 25 of this year. Named in the lawsuit are the city

of Costa Mesa, Police Chief Dave Snowden and 12 other police officers

who responded to the incident. The suit alleges violation of Jimenez’

civil rights, assault and battery and negligent injury, and demands

damages adding up to several hundred thousand dollars.

City officials declined to comment Monday on the pending civil

case.

Maae said there was no justification for the officers’ behavior.

“They rushed into the party throwing chairs and tables,” she said.

“We just rented the place for a nice evening. We were not there to

fight.”

The criminal trial will resume today at the Harbor Justice Center.

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at deepa.bharath@latimes.com.