Crime & Safety
Attorneys Release Video Of 'Excessive Force' By Palo Alto Police
A Palo Alto man is suing police over an arrest made in February 2018 and claims he was targeted for being gay in the civil rights case.
PALO ALTO, CA — Attorneys for a Palo Alto man suing the city's Police Department over excessive force have released video footage of the arrest, showing officers threatening him and slamming his head into a car windshield.
Gustavo Alvarez was arrested Feb. 17, 2018, outside his mobile home. Officers dragged him out of his house on suspicion of driving with a suspended license, but the charges were later dismissed due to a lack of evidence, according to attorneys for Alvarez.
During the arrest, Alvarez began to bleed and lost a tooth. In surveillance footage from a home camera, officers command Alvarez to come outside his home, then pin him against a car to place him in handcuffs.
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The arresting officer, Sgt. Wayne Benitez, is heard saying, "You think you're a tough guy, huh?" and "You're gonna be bleeding a whole lot more" as Alvarez complains of his injuries while being taken into custody.
The Salfen Law Firm filed a civil rights lawsuit against Palo Alto and its Police Department in May, naming Benitez as the primary aggressor and saying officers targeted Alvarez because he is gay. The 76-page complaint alleges 17 violations, including civil rights, assault, battery, trespassing, negligence and intentional infliction of emotional distress. This week, attorneys also provided audio from Benitez's microphone after the arrest. In it, he describes the violent arrest as a lesson for other officers.
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"See how quickly they behave once we put our foot down, and that's what we don't do enough," he says, adding that he's "dealt" with Alvarez's family numerous times.
The Palo Alto city manager's office said it will not comment on the case due to ongoing litigation, but said the Police Department has a process to hold officers accountable if police officials find proof of misconduct.
"The City and the Police Department care deeply about our community and strive to provide the best service possible, expecting all City staff to treat everyone in the community fairly and with respect," the office said in a statement.
Alvarez is seeking a jury trial as well as $25,000 in damages, and said he incurred over $10 million in losses due to the arrest.
—Bay City News
