Judge chides officers’ court showing

Deepa Bharath

At least 50 uniformed police officers filled a courtroom Wednesday

morning to support a colleague hit and injured by an alleged drunk

driver and said they’ll return despite a judge’s criticism of their

presence in the courtroom.

Prosecutors say Costa Mesa police Officer Dennis Dickens suffered

severe cuts, broken bones and still struggles with post-traumatic

stress disorder as a result of the May 31 crash as the officer rode

his motorcycle on the San Diego Freeway after finishing his shift.

Javier Gasga of Mission Viejo, reportedly riding his motorcycle at

more than 100 mph, hit Dickens from behind, sending the officer

flying off his vehicle.

Gasga, 33, suffered broken ribs and cuts after being dragged on

the asphalt, defense attorneys say. Gasga’s blood-alcohol level was

probably close to .16 at the time of crash, which is twice the legal

limit, prosecutors say.

Gasga, who was not present at the hearing, did not enter a plea on

Wednesday. He is charged with felony driving under the influence of

alcohol, causing great bodily injury and driving without a valid

license.

Members of the Costa Mesa Police Department, including Police

Chief John Hensley, showed up in court to support Dickens, who could

not go to the hearing. Many officers came in uniform. Civilian police

employees and volunteers also were present.

Judge Geoffrey Glass, who continued the hearing to Aug. 18, said

he was doing so to allow the officer to make his statement in open

court.

But Glass told the officers that their presence in court was

having a “negative impact” on the case.

“Your being here isn’t making things any easier,” he said, adding

that he was concerned uniformed officers were sitting in a courtroom

instead of patrolling the streets. “But hey, this is a free country.”

Public Defender Dennis Sakai said he was outraged by the Police

Department’s presence and called it “a brazen act of intimidation.”

“It’s like sending some kind of message to the court,” he said.

“When a judge is trying to be objective, that kind of show of force

is simply unprofessional.”

Hensley, visibly upset as he stormed out of the courtroom after

the judge’s remarks, said most of the officers were there on their

own time.

“I authorized them to wear their uniforms just as I do when they

go out to the schools or other community events,” the chief said.

“I’m proud our officers were there to support Dickens, and I don’t

feel the need to apologize to anyone for that.”

There is nothing wrong with officers supporting “a comrade,” said

Reidel Post, executive director of the Orange County chapter of

Mothers Against Drunk Driving, who attended the hearing.

“It’s their way of saying, ‘This is not going to be tolerated in

our city,’” she said. “It’s their way of supporting an injured

colleague, and for them, to do anything less would not feel right.”

Dickens’ partner, Tony Yannizzi, saved two lives on Memorial Day.

Yannizzi, who was riding side by side with Dickens, pulled both men

off the freeway after the crash.

Dickens, who was catapulted from his motorcycle, hung on to

Yannizzi’s leg and then rolled on the asphalt. Gasga was thrown off

his motorcycle and onto Dickens’ vehicle, which he ended up riding

for almost a mile.

Yannizzi, who stayed in the courtroom all day Wednesday, said he

would never forget that night.

“I saw a body on the freeway and thought it was my partner,” he

said. “But I realized only when I pulled him that it was someone

else. In that instant, I had no idea who that man was.”

It was Gasga, whose life Yannizzi had saved. Yannizzi ran back on

the freeway and saved his partner, who had managed to crawl onto a

center median, Yannizzi said.

The incident’s still emotional for Yannizzi.

“We went to the academy together, and we’ve been partners for nine

years,” he said. “I’m concerned about the financial crisis his family

is going through and the injuries he is struggling to cope with.”

Sakai said his client feels “extremely remorseful.”

“He feels bad for the police officer and his family,” he said. “He

knows he has made an incredible mistake in judgment by consuming

alcohol and deciding to get on a motorcycle.”

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

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