Anaheim and Its Mayor React to Jury Clearing Cop Nick Bennallack in Manuel Diaz's Killing

See the update on Page 2 on the statements from Anaheim and its mayor hoping to quell another civil disturbance.

manueldiazface.jpg
Manuel Diaz, R.I.P.
ORIGINAL POST, MARCH 6, 12:30 P.M.: A federal jury in Santa Ana today rejected a $5 million claim from the mother of Manuel Diaz, who at 25 was gunned down by an Anaheim police officer a day before a second Anaheim cop fatally shot 22-year-old Joel Acevedo, sparking the fierce local street riots of July 2012.

The jury--four Caucasians, three Latinos and one Asian obviously late for lunch dates--deliberated for only two freakin' hours before giving grieving mother Genevieve Huizar's wrongful death and violated civil rights suit the heave-ho.

Kill Unarmed Man First, Ask Questions Later: Anaheim Cop Lawyer

Huizar's attorney Dale Galipo had told jurors Diaz was unarmed and not wanted for any crime when he exercised his constitutional rights to move away from Anaheim officers on July 21, 2012. Twenty seconds later, Officer Nick Bennallack decided without warning to kill Diaz with shots from a semi-automatic Glock that struck the young man's buttock and back of the head.

(Naturally, Bennallack was later cleared of any criminal wrongdoing by the Orange County District Attorney's Office, which extended the same courtesy to Acevedo's killer, Officer Kelly Phillips.)

The defense of Bennallack by Steven Rothans, a Los Angeles-based lawyer who specializes in defending law enforcement agencies and cops in police brutality cases, came down to this: because the officer could not tell whether Diaz had a gun on him (he didn't), it must be assumed the perp had one and the threat must be eliminated--a threat that did not exist, mind you.

With vigor, Rothans also painted Diaz as Anaheim's Public Enemy No. 1, which brings us to the appeal of the verdict Galipo vowed to file. He blames U.S. District Court Judge James Selna for allowing incriminating evidence that improperly influenced jurors against the dead man.

"He let in evidence that the officer was unaware of at the time," Galipo told City News Service of the veteran judge,"that the decedent had methamphetamine in his system and was a member of a gang, and there were photographs found on the decedent's phone with the decedent posing with a gun in his hand."

Galipo continued, "I think once the jury was looking at all that negative evidence, even though the shooting was unjustified, they gave the officer the benefit of a doubt."
  
The plaintiff attorney added he was "disappointed" in the verdict "but not surprised."

Get in line, pal.


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95 comments
Kelly Hughes Davis
Kelly Hughes Davis

Some people make fake Facebook profiles so they can argue with themselves.

Rich Hail
Rich Hail

fuck you!!! wanting a riot like a 13 year old punk, typical chicano scum!!!

Rich Hail
Rich Hail

I love when poor jealous people comment... so bitter like their democrat masters.

robert_graham
robert_graham

The jury made the right decision. It's a wonder why he wasn't shot sooner. Now go get the rest like him.

markymark2112
markymark2112

What difference would it make if they deliberated for longer? If there is no way they are going to convict on the evidence they are presented they could even know that before they are ever sent to the jury room and wouldn't need any time at all to deliberate.

etsnell
etsnell

Attorney Dana Douglas is not a good person in my opnion and as for lawyering will you can see what he/she did in this case.

As for this jury all one needs to do is read a book called the jury book.It would explain cases like the  Kelly Thomas  murder where the vidoe dosent lie.

We are facing civil unrest with our militarized death squads funded by our city councils.

etsnell
etsnell

Dana Douglas is not a good person in my opnion and as for lawyering will you can see what he/she did in this case

victorydr
victorydr

@18usc241The police did or didn't come out, I don't know, but in this matter they should not show themseves due to the more shooting at these low life idiots in this society.

For those whose troubles some in the future, if you want to see your mother later, you should stay out of the troubles!!! When police approaching you, do whatever he said, such as “Drop it!” “Hands up” “Get down to your knees” If you won’t, YOU WILL NOT SEE YOUR MOTHER AGAIN!

Then anyone might said: “He is a kind person” or “He is a wonderful…” or “He would hurt a fly” or whatever he was, IT’S TOO LATE!!!

To mothers and fathers, grandparents, love ones: Teach your damn kids right when they are little. Don’t let them make friend with the bad ones. Well, can you tell between BAD and GOOD?

Rich Hail
Rich Hail

the look on his face makes Me glad he got shot up. and by the way dead dude..FUCK YOUR UGLY DRUGGIE FAMILIA!

processlife
processlife

his mom got the same haircut as her dead son..  she even went to the barber shop after court.

mikeknowles
mikeknowles

He was in the commission of a crime. He had meth in his system which is illegal. Stomper got stomped

C.J. Bartholomew
C.J. Bartholomew

Documented gang member running from the police and reaching into his waistband...it doesn't take a genius to see how this will turn out.

mikeknowles
mikeknowles

I want the family to pay anaheims legal fees

mikeknowles
mikeknowles

I find it hard to sympathize for a dead gangster named Stomper. Burn in hell punk. And by the way he had a picture on his cell phone posing with a gun. Real tough guy

jilllee
jilllee

During the Anaheim riots, all of the gang members came out and terrorized the businesses- the amount of gang members that came out for these "protests" was scary. Kids and family that were in the shops like starbucks had to hide while the gang members were vandalizing the area. It was like a bunch of roaches coming out of your kitchen all at once. The amount of gang members that came out for the next few days after the shooting was scary, imagine 400 vatos running around your street

Diaz didn't deserve to die. but gangs are a huge problem in anaheim.

fishwithoutbicycle
fishwithoutbicycle topcommenter

Speaking of trying to push boulders up sheer cliffs...his mother didn't have a snowflake's chance in hell of winning did she? :-(

Whophantom
Whophantom

Cops should be tested for drugs and alcohol after a shooting. I don't trust their judgement anymore. They can't be trusted.

sweetliberty17761776
sweetliberty17761776 topcommenter

the "2 hours" quickie"


could be b/c they saw what many others dont



the truth


having said that 


I dont know if its the correct decision or not



18usc241
18usc241

Why are male authoritarian worshippers so fixated on mothers? Psychologists / psychiatrists please chime in.

Misogyny morons!

markymark2112
markymark2112

@mikeknowles At Christmas one year my mother took a picture of my dad holding his new hunting rifle. He was a licensed gun owner, owned his own company and never got arrested or even broke the law. Does the fact that he had a picture taken with a gun in his hand make him a tough guy criminal?

danaruns
danaruns

@mikeknowles  I have a picture on my cell phone of me with a gun. What does that say about a police officer's justification for shooting me?

18usc241
18usc241

Oh yeah I spoke to a white man who claimed to be inside Starbucks when the idiots ran by and vandalized the area. This man says there wasn't one cop in the area when the event ocurred. Incredibly odd that with the massive police presence and huge civilian crowd protesting not one block away that there would be no police protecting this shopping center from oh let's see ... vandalism.

SwEtMsry
SwEtMsry

@The_Sports_Dude  He probably watched the 6 cops blatantly MURDER Kelly Thomas in the Kelly Thomas murder video, would be a good guess.  I'd run too! 

danaruns
danaruns

@The_Sports_Dude  let me tell you a story about a boy. He was playing handball with some guys at his school. Police suddenly show up and find that one guy -- not our boy -- had a gun concealed in a sweatshirt that was sitting on the ground 20 feet from our boy. Police arrest our boy (and the others) and charge him with possession of a firearm on school grounds. They test the gun: our boy's fingerprints aren't on it. The other boys (including the one who's sweatshirt had the gun in it) testify that they don't know our boy and hadn't met him before that day. Nevertheless, he is charged and, because he is poor, he spends 9 months in jail awaiting trial.


On the day of his trial, he is offered a deal: plead guilty and you get out of jail today. Don't, and we will try and convict you and send you to prison for years. Our boy pleads. He is let our on probation, and signs a document saying he can't do certain things, including have a firearm or be in a "gang area."  Fine. He signs and goes home to his parents' house.


Two days later, cops knock on his door. Our boy answers. They put him in handcuffs. He asks why. The cops say, "Your home is in a gang area. You can't be in a gang area. You have violated the terms of your probation." Our boy protests that he was only at home, and has nowhere else to live. Too bad, off to prison he goes for three years.


In prison, to survive you have to join a gang. He joins one. But he keeps his head down, does his time and gets out.  Now he's going to change his life. He has no money and no job, but he is applying to go back to school.


Then, a couple months after he gets out, just as he is making progress toward getting back in school, he is standing behind his friend's apartment talking, and police roll up in an unmarked cruiser, and two cops leap out and start running toward him.


Our boy hasn't done anything wrong, but here come the cops. And in our boy's young life, EVERY SINGLE TIME he has had an encounter with police, he has gone to jail, even though he wasn't doing anything wrong. And every time he has encountered police, he has done the right thing and obeyed all commands, but still ended up in jail.


So this time, he has no reason to expect anything different to happen. And this time, he runs.


He's unarmed. He hasn't committed a crime. He's not suspected of a crime. And he's not on parole or probation.  But it just so happens that the cop who is chasing him shot and killed another innocent civilian a few months ago, and has a bit of an itchy trigger finger.  So, when our boy run, his adrenaline goes up and he imagines all sorts of things our boy might be doing. And when our boy comes to a dead end and begins to turn around, itchy fingers officer shoots and kills our boy.


Imagine if that happened.

Nohollow
Nohollow

I had Danaruns one time after I drank the water in Mexico. My toilet will never forgive me for that one

downtownbrown
downtownbrown

@danaruns Do you  have meth in your bloodstream, terrorize your neighborhood, and belong to a gang?  Then, yes an officer would be justified in shooting you if you reached for your gun.

 Your liberal white fairyland must be quite cozy for you, have another macchiato while you strive  and struggle for social justice.


victorydr
victorydr

@danaruns @The_Sports_Dude

Is there a way we can talk danaruns? I just talked with Hollywood, They like to meet you, at your place will be the best, to discuse some details change in the story, and the name of the movie will be "The Idiot Run" 

victorydr
victorydr

To

danaruns

It is very good story, I like it, the low life gangstes out there love it, idiot lawyers like it, stupid jury love it, and Holliwood going to make a movie base on what you wrote. Congratulation

victorydr
victorydr

danaruns

It is very good story, Ilike it, the low life gangstes love it, idiot lawyers like it, stupid jury love it, and Holliwood going to make a movie base on what you wrote. Congratulation

CCCB
CCCB

@danaruns  Nice work of fiction.

Imagine if we just let gangbangers run loose and do whatever they want.  I'd like you to live there.

Shouldn't you identify yourself as Dana Douglas, one of Huizar's attorneys?

jumpingjack
jumpingjack

@downtownbrown @danaruns


No my dad wouldnt have meth in his system, but the LAPD found him unfit for duty.  It took some friends in high places for him to become a OC boss.    Forget cops phones, put a listening device in the Police Depts Officer Conduct and Standards office.  Thats where complaints are made then  covered up.         

downtownbrown
downtownbrown

@danaruns @downtownbrownI keep up just fine, missy.  A picture on a cell phone wasn't what got Stomper filled with bullet holes.  Being a no-count stinking thug got him killed.

vivamehico
vivamehico

@danaruns @downtownbrown  


lol.. people like danaruns wants to ingratiate themselves when the shit hits the fan and the black and brown people riot.. too bad for her, they dont give a crap and her liberal views wont save her

SwEtMsry
SwEtMsry

@CCCB  The police gang bangers run loose, why should they have special privileges and be above the law??  If they weren't corrupt, they wouldn't need a police union to pay their way out of their crimes.  Just ask the "Fullerton 6".  

18usc241
18usc241

"It amazes me how quickly those who tout the Constitution and the rule of law abandon it when it's inconvenient."

Dana, a ridiculous number of white male Orange County CA Republicans have a little racist inner child that allows them to flush their alleged principles down the toilet. "If it harms the Latinos it's OK" is the attitude. What these blooming idiots don't understand is that their lawless police are now indiscriminate in their criminal behavior. Lawless police thrive on this ignorance. Ask a Mayor and a councilmember in Costa Mesa what it feels like to be white and get targeted by idiots. I would refer you to Kelly Thomas but he's dead.

18usc241
18usc241

Wow behold the quality of an Orange County CA cop apologists' (@cccb @processlife @victorydr) rebuttal and compare it to an incredibly well formulated argument by @danaruns.

roman_archer
roman_archer

@danaruns BRAVO! Well said. And don't be too surprised at the moronic cop troll responses. Cop trolls LOVE the OC Weekly!

CCCB
CCCB

@danaruns  You said "cuz".  Is that a shoutout to all the gangbangers?

danaruns
danaruns

@processlife, yet he actually had a constitutional right to walk, run, dance, pirouette or fly away from police. The whole thing about consensual encounters with police is that they are supposed to be up to us, the citizens, whether or not we want to engage in it, not up to the police. Bennallack's mistake was pursuing. He is a human being and a police officer, not a dog who has to chase anything that runs. He's supposed to know the difference between a person running from a lawful detention and one running from a consensual encounter.


It amazes me how quickly those who tout the Constitution and the rule of law abandon it when it's inconvenient. Our country was founded on exactly the kind of freedom Diaz tried to exercise. Read your American history. I don't care if Diaz was a gangbanger or the Pope, he gets the same rights as I do, no more, no less. And *I* want to be free to exercise my right to be free from governmental interference, including consensual encounters with police if I don't feel like having them.


Running from police when not suspected of a crime should not be a death sentence, for Diaz, for you, or for me. I don't care if it's "stupid" to run, that's no reason to shoot him. Unless I have the right to shoot everyone who does something stupid, in which case let's talk, cuz I have a long list! :)

RocketJ
RocketJ topcommenter

@paullucas714Gentrification is more akin to class-ism than racism no matter what Spike says. (check SF Weekly for stories on techie gentrification of Frisco)  Speaking of which,  if thug is the new nword by calling him a thug is John Boehner saying Putin is a  Black Russian? And does this make the Dude a racist because he drinks White Russians?

18usc241
18usc241

"Imagine if we just let gangbangers run loose and do whatever they want. I'd like you to live there."

You mean exactly like how Tony Rackauckas allows the mafia trash attempted murdering Orange County, CA law enforcement community to run lose willy nilly ? We all live there.

18usc241
18usc241

This city of Orange allegation constitutes a series of federal offenses worthy of federal prison time. If true, maybe #orangecounty CA could get group occupancy arrangements at the Colorado federal prison Carona resides in.

NoBullshit
NoBullshit

@danaruns @CCCB  What if "Lord Of The Rings" is true?  What if?  What if an attorney agreed to represent a client but ran up the legal bills, provided lousy service, got disbarred over another case, left the original client in the lurch and eventually disappears with his (and a whole bunch of other client's money) money?  Oh, and then the honorable ABA reinstated his license a year later.  Does that justify any illegal activity by that client?  Nice story you concocted but mine is true, happened right here in the good ol' OC.   So spare me your made up sob story.  

paullucas714
paullucas714 topcommenter

@CCCB Punk ass cop. What she just described in exactly what happens. The boy in her story is not aware that the terms of the release are more damaging than any length of time that he had spent in jail at that point. Its the branding and criminalization of a group of people whose only crime is living in the area that is designated as such. For example, if you look at the gang injunction placed in the Old barrio Cypress in the city of Orange was done exactly for the reason of simple gentrification (genocide by any other name) by Tony Rack to the benefit of Chapman University so the school can buy up the parcels at fore sale process.

danaruns
danaruns

@CCCB  I am not one of Huizar's attorneys. Her attorneys are listed in the article.  Shouldn't you identify yourself, officer?


But what if?  What if everything I just wrote was true? What do you think about a boy running from police under those circumstances?

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