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Old 10-31-2009, 06:31 AM
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Default Jail deputies found guilty in beating death case

Jail deputies found guilty in beating death case

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BY STEVE E. SWENSON, Californian staff writer
Oct 29 2009

Tears, triumph, shock and satisfaction from different camps followed the guilty verdicts against two jail deputies in the beating death of an inmate four years ago.

Ralph Contreras, 36, was convicted of second-degree murder and Daniel Lindini, 52, was convicted of involuntary manslaughter. Both had originally been charged with second-degree murder for their role in the death of 30-year-old James Moore.

Neither man showed much reaction, though Contreras looked down at the defense table as the verdicts were announced.

But the families of both men sobbed in the courtroom. The judge ordered Contreras to be immediately taken into jail, while he allowed -- over the objection of the prosecutor -- Lindini to remain free on $750,000 bail.

Jurors returned their verdict after deliberating for two days, but they left the courthouse immediately without comment.

Contreras now faces 15 years to life in prison. Lindini could get up to five years in prison or as little as probation.

Moore had been arrested on Aug. 15, 2005 on criminal threat charges and his accusers said he had been behaving erratically. While in handcuffs and chains, Moore fought with deputies and wouldn't follow instructions while they tried to complete the booking process at the downtown Bakersfield jail.

After being injured in the first bouts with jailers, Moore suffered even more blows when he resisted being taken to a hospital.

He was punched, choked, kneed in the back, hit with a baton and pepper sprayed in the garage by the jail. He lost consciousness and would never awaken and died of head trauma.

While the defense argued that more than 20 officers were involved with the hours-long struggle, only three deputies were eventually charged with murder. That rankled defense attorneys, especially Contreras' lawyer, Bill Seki, who asked, "How do you place blame on two when there was a course of conduct by a lot of people?"

Charges against the third deputy, Roxanne Fowler, 45, were dropped in September when she pled to a misdemeanor assault charge. She was sentenced to no further jail time, three years of probation and $375 in fines.

Both Contreras and Lindini had been offered deals as well.

Contreras would have had to plead to voluntary manslaughter and face 11 years in prison. Lindini faced an assault charge and four years in prison.

Both rejected the pleas.

Prosecutor John Lua, standing outside the courtroom next to his boss, Ed Jagels, said he was "elated" by the verdicts. "It is what I hoped for," he said.

He said Contreras kneed Moore in the back, struck him with a baton, inflicted a number of punches while Moore was "helpless" on a gurney, and covered Moore's nose and mouth with his hand.

Lindini's most egregious action was putting a forearm to Moore's neck as Moore was on a gurney, Lua said.

Seki said his client was trying to help an "uncontrollable" inmate and prevent injuries to fellow detention officers. The placing of his hand over Moore's mouth and nose was to keep him from spitting on others, Seki said.

Defense attorney Fred Gagliardini said Lindini was trying to do the same thing with his forearm.

Neither defendant intended to kill Moore, the attorneys said.

"They were doing the best they could and acted appropriately," Seki said.

But an aunt of Moore, Janet Fiske who attended the entire trial, said, "Justice was done. Maybe this won't happen again because of the consequences."

She said she was moved by the tears of the defendant's families "but they will be able to see their family. James won't be able to see his again."

Jagels, the chief law enforcement officer in the county, said, "This is a sad day for Kern County law enforcement. We take no pleasure in prosecuting and convicting law enforcement officers. But everybody is equal under the law. If they commit a crime, they will be prosecuted."

Seki said he would be asking for a new trial or to dismiss the charges against Contreras. He said he was "shocked" by the verdicts and found it unbelievable that jurors made a finding of "implied malice" by his client.

Asked about Lua's contention that Contreras seemed to be "gloating" by e-mailing a photo of Moore's badly bruised face, Seki said his client presented it in the context of "disbelief."

Sentencing was set on Dec. 1 before Judge Louis P. Etcheverry.
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