Ceres Police Face Multiple Charges from Ceres Community

As reported by John Holland in the Modesto Bee yesterday, "Ten people have filed claims alleging that Ceres police violated their rights in gang sweeps that followed the January shooting death of Sgt. Howard Stevenson.

The claims, a precursor to possible lawsuits against the city and the officers involved, accuse police of improper searches and arrests, sometimes at gunpoint, as well as discrimination against Latinos and excessive force.

Police Chief Art de Werk declined Thursday to comment in detail about the claims.

"We do our jobs professionally, and I will leave it at that," he said."

The gang sweeps took place in the wake of Andres Raya shooting two police officers, one of whom died. Raya was then shot to death by police. His actions are still vague, however he stated that he didn't want to go back and fight in Iraq, and made anti-Bush and war comments during the shooting. Raya was also involved in a school breakin before the shooting, where in a video tape he cut up an American flag and wrote "Fuck Bush" with it. With the help of the Justice Department, the police created a spin that pointed the finger at possible gang ties as the cause of the shooting, not the political connections that were very clear.

In the aftermath, police raided homes, harassed people that knew Raya, (friends/family), got automatic weapons and started doing patrols and stops of young latinos in baggy clothes, and generally made life a living hell for many people living in the poor latino areas of Ceres.

As the Bee reported: "The claimants include Esteban Diaz of Ceres, a friend of Andres Raya, the Marine and alleged gang member who killed Stevenson and wounded officer Sam Ryno outside a liquor store Jan. 9.

Diaz complains of being detained by officers for no valid reason more than a dozen times since January. He claims that police also broke up two vigils in honor of Raya, who was killed Jan. 9 in a gunfight with other officers.

"I just want the police to get off my back, to tell you the truth," Diaz said Thursday. He added that he has not had problems with police in the last month.

The claims were filed through the Modesto office of California Rural Legal Assistance, which helps low-income people with legal matters. Staff attorney Maria Jaime, who signed the claims, could not be reached for comment.

The claims, each seeking at least $10,000 in damages, are on the agenda for Monday night's meeting of the Ceres City Council. Typically, claims against cities are denied without comment, clearing the way for the claimants to file lawsuits in Superior Court.

The claimants said police went too far. One of them, Ramona Flores, said officers threatened her and frightened her children during a Jan. 17 search of her Ceres home. She told The Bee in January that they searched the room of her 20-year-old son, who was suspected of associating with Raya, but left with nothing.

"The claimant experienced loss of liberty, humiliation, embarrassment, mental suffering and violation of constitutional rights," Flores' claim says.

The claims, one to two pages each, also came from:

Niceforo Flores, who cited the same incident as Ramona Flores, as well as a Jan. 14 traffic stop in Ceres.

Ruben Flores, who claims that police assaulted and illegally detained him and his son Feb. 5 at a home west of Modesto.

Cecelia Flores, who claims that police pointed weapons at her and two children, also at the home west of Modesto.

Rosemary Musino, who says police searched a south Modesto home without a warrant in January, along with pointing weapons at her family and threatening to kill their dogs.

Ignacio Musino, for the same incident.

Eduardo Gutierrez Jr. of Ceres, who claims several instances of illegal searches and excessive force by police.

Eduardo Gutierrez Sr., who has the same address as Eduardo Jr. and accuses police of improper searches and surveillance.

Maria Gutierrez, also at the same address, who complains of illegal searches, excessive force and improper surveillance."

For more info on the situation in Ceres, read these past articles: http://www.indybay.org/news/2005/02/1720915.php - "Living in the Wake of a Cop Killer"
http://www.indybay.org/news/2005/03/1724843.php - "Ceres Walks out of City Meeting"