Vindictive Prosecution Complaint Will Be Heard In Lemos Case

SANTA ROSA - Juries ultimately will decide whether a Sonoma County sheriff's deputy unlawfully arrested 19-year-old Gabrielle Lemos and used excessive force during a confrontation last year outside the teen's Petaluma home, a Sonoma County Superior Court judge said this week.

Judge Gary Medvigy, however, said there is ample evidence several crimes were committed that justified charging the teen and her mother with obstructing and resisting an officer.

"Other crimes could have been charged and other defendants also could have been named. The People exercised restraint in who was charged and what charges were brought," Medvigy said.

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Deputy Marcus Holton was responding to a report on June 14, 2015 of a truck with a trailer blocking Liberty Road near the Lemos home in Petaluma, and he suspected a domestic disturbance was under way when he heard women screaming and saw a man walking quickly toward the truck, according to the Sonoma County Sheriff's Office.

Lemos stepped between Holton and the truck that her sister Karli was sitting in after Holton opened the passenger door to question Karli.

Other members of the Lemos family challenge Holton's action, telling him Karli had been drinking and was upset because she misplaced her cellphone.

When Gabrielle Lemos walked toward her house, Holton followed her, picked her up and threw her to the ground to prevent her from leaving. She suffered scrapes and bruises on her face and was handcuffed and arrested.

The incident and was captured on Holton's body camera.

Other deputies arrived, and tried to calm the Lemos family members who were venting their anger at Holton during the chaotic scene.

At a court hearing on Sept. 11, 2015, the Sonoma County District Attorney's Office said it would not file charges against Gabrielle Lemos.

The Lemos family filed a civil rights violation suit in federal court on Nov. 12, 2015 alleging Holton used excessive force, and the District Attorney's Office filed a misdemeanor obstruction and resisting an officer charge against Gabrielle Lemos the next day.

Lemos family's attorney Izaak Schwaiger filed a vindictive prosecution complaint, claiming the family will be prohibited from filing a civil suit and collecting damages if Lemos is convicted of the charge.

In his 13-page decision on Thursday, Medvigy said Deputy District Attorney Jenica Leonard, who filed the complaint against Lemos, must testify when she learned the civil suit was filed.

A date for the hearing will be set Tuesday.

Medvigy said, however, that emails within the District Attorney's office show prosecutors had been reconsidering its decision not to charge Lemos since Sept. 23 - seven weeks before the federal civil rights complaint was filed.

Medvigy also said there is evidence the Lemos family threatened to file a civil suit against the sheriff's office at the crime scene in June 2015 and during a phone call between Gabrielle Lemos in the Sonoma County Jail and her mother Michelle immediately after Lemos' arrest.

"The prospect of a lawsuit existed at the very beginning of the case, and did not appear to be a consideration by the District Attorney, Medvigy said.

Schwaiger said he expects Lemos and her mother will be tried within three months.

-Bay City News, image via ShutterStock