Ejection defused situation, cop says

Attorneys for Orange Coast College student Benito Acosta continued to argue in court Friday that Acosta’s arrest at a January 2006 Costa Mesa City Council meeting was political because he was treated differently than other speakers and that he was not being disruptive when he was arrested.

It was the second day of Acosta’s trial on two counts of disorderliness at a council meeting and one count of violating propriety of conduct while addressing the council. All three offenses are misdemeanors.

City Prosecutor Dan Peelman said Acosta’s arrest was proper because Acosta, also known as Coyotl Tezcatlipoca, disobeyed several police officers’ order to leave and struggled and kicked them when they tried to escort him out.

At the January meeting, Acosta joined a number of people protesting a plan, proposed by Mayor Allan Mansoor, to have city police trained to enforce immigration law.

Supporters of the enforcement plan, including Minuteman Project founder Jim Gilchrist, also were in the audience.

A city tape of the meeting shows that while speaking to the council, Acosta started to urge those who agreed with him to stand up and continued to tell them to stand after the mayor said it wasn’t allowed.

The mayor called a recess of the meeting. Officers tried to get Acosta to leave and then forcibly escorted him out.

Friday morning, attorneys questioned Costa Mesa Police Officer Dan Guth, who was sergeant at arms for the council meeting and arrested Acosta.

Peelman asked Guth questions to show police saw the meeting as a powder keg, and they arrested Acosta to prevent an explosion.

“We’ve got two sides that are both passionate about an issue, and tension was building inside the council chambers,” Guth said, explaining the mood just before Acosta was escorted out.

He then described how, after refusing to leave several times, Acosta started to walk out with officers guiding him by the arms, but he spun out of their grasp and aggressively grabbed the text of the speech he’d left on the podium.

“At that point you’ve had three different police officers tell Mr. Acosta to leave; he’s refused to leave,” Guth said. “The longer he stays, the more volatile the situation becomes.”

As officers tried to propel Acosta out of the chambers, Guth told the court, he became combative, grabbing the door frame and kicking. Guth said he sustained bruises.

Next, Acosta’s supporters ran outside and surrounded the officers, Guth said, with some throwing things at them. Officers had to physically move Acosta into a police car to get away from the scene safely, Guth said.

As a counterpoint to the picture Peelman created of a potential riot due to Acosta’s behavior, defense attorney B. Kwaku Duren tried to show officers were angry with Acosta for defying them and that other factors escalated the tension, such as the mayor cutting Acosta off before his speaking time was up.

Guth said that in his 13 years as sergeant at arms for the council, he never arrested anyone before this for having supporters stand or failing to follow the presiding officer’s orders.

“Everybody’s always followed what the directing officer has said,” he said.

Guth described for Duren how Acosta’s flailing and kicking when officers tried to remove him caused Guth to be “concerned for my safety.”

Guth was one of at least three officers trying to control Acosta.

It was necessary for Acosta to leave the council chambers, Guth said, “because of the situation inside the council that was being created by him and what he was saying and his actions.”

The trial could last through the middle of next week.

The maximum penalties Acosta faces if convicted are six months in jail and a fine of up to $1,000 for each of the three counts.

The ACLU is pursuing a civil case against the city on Acosta’s behalf.

ALICIA ROBINSON may be reached at (714) 966-4626 or at [email protected].