Patch Exclusive: Q&A with Man who Shot Video of CHP Beating

EDITOR’S NOTE: David Diaz, a music producer, was driving along the Santa Monica freeway near La Brea Avenue and videotaped a CHP officer beating Marlene Pinnock, 51. Freelancer Robert Gagnier recently caught up with him to get his opinion on the recent settlement that will give Pinnock $1.5 million and see the officer resign.

Robert Gagnier: What are your thoughts on the $1.5 million dollar settlement that was based almost exclusively on the strength of the video that you shot?

David Diaz: I would like to congratulate Marlene, her family, and her attorney Caree Harper for expediting this case and seeing to it that justice was served. It was only a few months and they came away with a reasonable settlement, which seems like fair compensation, and while it may not heal the psychological wounds, or even some physical pain that an individual may carry on for the rest of their lives, the fact is $1.5 million should help the family move on, and allow Marlene to live out her days in some form of comfort and normalcy.

RG: The officer involved in the incident has agreed to resign as a part of the settlement. Do you wish to comment on that, and do you think he should face criminal prosecution later?

DD: You know what is funny to me? The fact that some cops seem to think that they are above the law. You and I both know that many are out there doing good jobs, but by the same token if you or I were to go about beating anyone mercilessly like that, we’ be looking at 15 years or so minimum. A cop should be held to even higher standards, not lower. So to answer your question, yes, he should face criminal prosecution. For him to resign; well, that just goes without saying. He should have been fired outright -- why are the standards for cops held so low? I mean, are we going to see him land a gig in the nearby future? I wouldn’t bet against it.

RG: What are the odds, in your opinion, that former officer Daniel Andrew will ever see any actual jail time?

DD: I’ve seen cops get away with far worse and never seen a day in jail, so it wouldn’t surprise me if he avoids jail time or even a slight criminal conviction. Hell, for all we know, he’ll write a book, have a reality show soon and be singing and dancing within the year.

RG: Would David Diaz be willing to sit down with former officer Daniel Andrew and ask him just what the hell he was thinking when he began to beat Ms. Pinnock?

DD: Sure, I would love to; but I’m sure even he is smart enough to not try to come out and justify his actions. The best think for him to do would be to go on television, and come out and make a public apology. Then he would need to tread lightly in the darkness for a while.

RG: You have made it clear throughout that you shot the video to record what ultimately was seen as unacceptable behavior on the part of that officer in particular. But Christmas is coming...$1.5 million bucks is a niece piece of change that no matter how anyone tries to spin it, would not have materialized either in this life or the next for Marlene and her family were it not for your specific action -- shooting that video. Is it safe to say that you would not turn down a nice, tidy little envelope whose contents would confirm that your actions were appreciated, to perhaps make Christmas 2014 a little more nicer for you?

DD: Well should Marlene or Ms. Harper feel the need to spread some Christmas cheer and send it my way, it would be most appreciated. But I can honestly say that I shot that video in the name of justice, and can sleep well tonight. But waking up in New Orleans in time for the Mardi Gras wouldn’t hurt my feelings either!

PHOTO David Diaz. Credit: CBS.