Fate of motorcyclist to draw crowd of officers

Deepa Bharath

A Superior Court judge today is expected to decide the fate of a

33-year-old Mission Viejo man, who is accused of hitting and injuring

a Costa Mesa police officer while driving his motorcycle drunk,

officials said.

Prosecutors said Javier Gasga was driving his motorcycle at more

than 100 mph on the San Diego Freeway the night of May 31 when he hit

Costa Mesa Police Officer Dennis Dickens, who was riding his

motorcycle back to the Police Department after completing his shift.

Dickens was riding side by side on the freeway with partner Tony

Yannizzi when the crash occurred. The collision catapulted Dickens

from his motorcycle onto his partner’s motorcycle. He tried to hang

on to Yannizzi’s left leg but couldn’t maintain his grip. Dickens

then fell onto the asphalt and rolled on the freeway.

Gasga was also thrown off his motorcycle, landed on Dickens’

police motorcycle and ended up involuntarily riding it for a quarter

of a mile before crashing onto the freeway. Yannizzi carried out a

heroic rescue as he ran onto the freeway and pulled both Dickens and

Gasga to safety.

Gasga has been charged with felony drunk driving, causing great

bodily injury and with driving without a valid license and insurance,

Deputy Dist. Atty. Yvette Patco said.

Gasga suffered a collapsed lung and had cuts on his body, police

said.

He was present at a previous court hearing, which he had to leave

halfway through because he wasn’t feeling well, Patco said. He hasn’t

pleaded guilty to the charges but is asking through his attorney to

settle for nine months in county jail and probation -- a request

Judge Geoffrey Glass is scheduled to consider today, Patco said.

Neither Gasga nor his attorney, Dennis Sakai, were available for

comment on Tuesday.

It’s “a tragic case,” Patco said.

“We have pages and pages documenting the officer’s injuries,” she

said. “He’s had enormous chunks of skin ripped off from his arms and

legs. He has a fractured tailbone and was using a walker until last

week.”

Dickens is also suffering from post-traumatic stress disorder,

Patco said.

“He can’t drive,” she said. “He gets dizzy and has vomited a few

times. He also has vertigo and suffers short-term memory loss.”

Dickens can get therapy for post-traumatic stress disorder, but he

fears he may not recover for up to three years, Patco said.

“That means he could lose his job, which he worked so hard to

get,” Patco said. “That’s devastating.”

The officer and his family are struggling to make ends meet while

he is recovering and has even had to take out a second mortgage on

his home, she said.

“This case definitely warrants four years and four months in state

prison,” Patco said.

Dickens’ colleagues will be there in court today to show their

support for the officer, who cannot be there because of a prior

engagement.

Costa Mesa Police Chief John Hensley said he and other officers

will be there “to support [Dickens’] cause.”

“We hope the judicial system will work in this case and that

[Gasga] will receive the maximum sentence,” Hensley said.

It’s “especially tragic” when an officer who has won several

awards for arresting suspected drunk drivers gets hit by one, said

Reidel Post, executive director for the Orange County chapter of

Mothers Against Drunk Driving.

“The least the court can do is put off the hearing until the

officer can make it to court,” she said. “That’s not asking for much.

It’s very important for the victim to be present at the hearing, so

he can have a voice.”

Nine months in county jail and probation is hardly enough “to send

a strong message to the community,” Post said.

“The defendant in this case certainly doesn’t merit probation,”

she said. “We need to show support for law enforcement, the people

who protect us and put their lives on the line for us.”

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

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