Lawman: Salinas Police Chief Dan Ortega says he can’t investigate the arrest until a formal complaint is filed. Nic Coury
Arresting Development
E-mail alleging cop misconduct circulates around Salinas just days before businessman’s court date.
Thursday, January 31, 2008
“His ankles and legs were severely bruised by heavy-handed police who repeatedly kicked his legs apart to conduct body searches,” says a letter that Escoto’s son e-mailed to Salinas city and community leaders last week. “Mr. Escoto’s ankles and legs still clearly show these bruises today, more than three months after the incident.” The e-mail included a close-up photo of a welted ankle, presumably Escoto’s. The letter concluded that Escoto’s “excessive” charges of reckless driving and disobeying traffic laws should be dropped.
Salinas Police Chief Dan Ortega says he didn’t hear any complaints about the Sept. 16 arrest until he got the e-mail. “There is nothing that indicates to me in those police reports that the officers did anything wrong,” Ortega says.
Ortega also questions the timing of the e-mail, which was sent out Jan. 22, two days before Escoto had a court date. “They are trying to use the media to get his charges dropped,” Ortega insists.
Escoto, a Mexican national, is seeking legal representation from the Mexican Consulate in San Jose. On Jan. 24 a judge continued his arraignment. Escoto’s next hearing is set for Feb. 15. Escoto told the Weekly he could not discuss his case, citing advice from his attorney. The Consulate also declined to comment.
On the day of his arrest, Escoto had just returned from Costco with his trunk full of beverages, says his son, who is also named José Escoto. According to police reports, Escoto tried to drive onto Pearl Alley when El Grito volunteers stopped him. Escoto explained that his business, Music Center at 648 East Alisal St., was nearby. Officer Oscar Dydasco rode up on bicycle and told Escoto that Pearl Alley was closed for El Grito—even though there were no barricades in the alley.
Meanwhile, Sgt. David Shaw pulled up behind Escoto in an unmarked patrol car. Shaw writes in his police report that Escoto accelerated quickly and since his rear tires were in a water-filled gutter, Escoto’s tires began spinning.
“Due to the fact that Escoto accelerated fast enough that he broke traction with his rear tires, and Officer Dydasco was beside his vehicle as well as two parking attendants, I felt that Escoto[’s] actions were definitely reckless,” Shaw writes.
The letter (circulated by José Escoto’s son) alleges “Mr. Escoto was chased down and held at gunpoint by more than half a dozen officers.” The police reports don’t mention guns being drawn and only lists three officers at the scene.
Ortega says it’s standard for officers to kick a suspect’s legs apart during an arrest. As for why officers handcuffed Escoto, a silver-haired senior citizen, in the first place, Ortega says “If he is being unresponsive and irate, they are going to take precautions.”
Police arrested Escoto while his wife Rufugia Escoto watched from the passenger seat. Officers ended up releasing Escoto at the scene with a misdemeanor citation.
Still, Escoto’s son says the arrest was very embarrassing for his father. “He is just not the same person after that,” Escoto says. “He has never been in handcuffs, never broken the law.”
Salinas leaders know Escoto as a philanthropic businessman and co-founder of the Alisal Merchants Association, a business group that became the Salinas United Business Association. Escoto sponsors youth soccer teams and has donated sound equipment to El Grito, says City Councilman Tony Barrera.
“He is very giving to the community,” Barrera says. “He is always eager to help.” Barrera said he would talk to Ortega about the incident the next time he sees him.
Ortega says he will investigate the arrest if Escoto files a formal complaint. “At this point all I am hearing is second- and third-hand information.”





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