Fresno Police Chief Jerry Dyer on Wednesday asked the FBI to investigate whether two police officers used excessive force against a man who was punched and kicked, bitten by a police dog and shot with a less-lethal shotgun.
Dyer also said a city risk manager was being proactive in going to the jail to offer money to Rolando Gasca Celdon for his written promise not to sue the city.
Charles Magill, a lawyer who represented Celdon in court Wednesday, said the city's offer of $10,000 was "hush money" because the risk management official allegedly promised to have the charges dropped.
The offer, Magill said, "is an admission of guilt" that can be used in a civil rights lawsuit against police. Though Celdon, 25, signed the waiver, Magill said, he later rejected the offer because the charges weren't dismissed.
Dyer, in response, said the risk management official never offered to dismiss Celdon's charges because he has no authority to do so.
Celdon appeared Wednesday in Fresno County Superior Court accused of six crimes, including burglary, making criminal threats, obstructing police and battery.
When Magill told Judge David Gottlieb of Celdon's deal, Gottlieb said the city did not have the authority to make an offer that would include dropping charges.
Dyer declined to identify the officers, who are on administrative leave. Fresno police reports say officers Sean Plymale, Christopher Coleman and Paul Van Dalen played key roles in arresting Celdon on Oct. 10.
Dyer said he was proud of the officers who saw Celdon's arrest and reported the incident to their superiors.
"It's refreshing to me as a chief that we have an environment where officers feel comfortable enough to bring allegations of misconduct against fellow officers," Dyer said.
The chief also made a promise to his officers: "If there are any repercussions for coming forward, they [the officers who reported the incident] can call me directly."
Dyer said he doesn't know whether the officers used excessive force: "They are only allegations." But he said he called the FBI because of the alleged civil rights violations. The FBI can conduct its own investigation or review the Fresno Police Department's internal investigation, he said.
Police reports written by the three officers say Plymale and his police dog, Tymo; Coleman; and Van Dalen arrested Celdon in southeast Fresno after a report of domestic violence.
The reports say Celdon's girlfriend called police because Celdon broke into her apartment and assaulted her. Officers later confronted Celdon near Cedar and California avenues.
In his report, Plymale said he told Celdon he had a police dog and ordered Celdon to sit down. Instead, Celdon ran. As Celdon climbed a 6-foot fence with three strands of barbed wire, Tymo used his teeth to lock on to Celdon's right ankle. Celdon made it to the other side of the fence with Tymo still clamped to his ankle. Because Celdon attempted to assault Tymo with a beer bottle, Plymale said he used a Taser on Celdon. The Taser had no effect, Plymale wrote.
Coleman then fired four rounds from a less-lethal shotgun at Celdon. "Before every round that was fired at the suspect, I would give commands to have him put his hands up. Orders were given in English and Spanish," Coleman said in his report.
Plymale climbed over the fence to arrest Celdon, the report said. Van Dalen soon followed because Plymale had injured his hand. The report said Plymale had used his fist to strike Celdon near his right eye.
Van Dalen wrote in his report: "As I got over the fence, the suspect got to his hands and knees and appeared to be getting [ready] to flee. I also noticed that his hands were bloody. I approached him and kicked him one time in the chest in order to knock the wind out of him and get him to comply with orders that Coleman was yelling. He immediately fell to the ground."
Van Dalen noted that Celdon was "yelling and flailing his arms around, splattering blood all over, so I kept my distance."
Because Celdon would not comply with Coleman's orders, Van Dalen said he kicked the suspect again in the chest.
"He again fell to the ground, and waved his hands, splattering blood about," Van Dalen wrote in his report.
Celdon's girlfriend, Veronica Rivera, 30, said Wednesday that Celdon had been drinking all day and became angry with her because she would not drink with him.
After she told Celdon to leave, he got on his bicycle and rode off. But he started calling her by phone and returned to the apartment. He banged on the walls, yelled at her and climbed through a window as she spoke to a police dispatcher.
"He had one leg inside and knocked the phone out of my hands and then hit me in the face with his fist and knocked me down," Rivera said.
Celdon left before police arrived.
"The next time I saw him was when they [police] took me over to the street to ID him," she said.
She said Celdon was bleeding from his forehead and had lost one of his shoes.
The next day, she said, Celdon telephoned her from the hospital.
"He told me they [police] had beaten him up pretty bad for no reason," she said.
Rivera said she didn't know what to tell him.
"I feel bad about what happened to him, but I don't know what to do about it," she said. "I don't want him back. We have nothing in common."
Jail records say Celdon was arrested at 5:24 a.m. Oct. 10. At the hospital, Celdon told police he ran because he was afraid of the dog. He also admitted he had ingested methamphetamines, the police reports said.
After his hospital visit, Celdon was booked into jail at 7:16 a.m. Magill said Kerry Trost, a senior risk analyst, later visited Celdon in jail and made the settlement offer that included the dropping of criminal charges.
Trost confirmed he contacted Celdon after learning of the allegations from police. Because Celdon speaks Spanish, Trost said he brought along a court interpreter.
Trost declined to discuss his offer to Celdon. He referred questions to the City Attorney's Office.
Dyer said neither he nor any police official played a role in Trost's settlement offer. He said Trost "was aware of the allegation and got involved in the process early on. That's what they [risk management officials] do."
City Attorney Hilda Cantú Montoy said risk management officials sometimes initiate a resolution process before a claim has been filed. Cantú Montoy said Trost was "doing his due diligence" when he made a determination to initiate a resolution.
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