Attorneys file Sacramento County claim for boy punched and pinned by sheriff’s deputy
Attorneys for the family of a 14-year-old boy pinned down and punched during a struggle with a sheriff’s deputy in Rancho Cordova have filed a claim with Sacramento County, a likely precursor to a civil lawsuit in federal court.
John Burris, an Oakland-based civil rights attorney, says the deputy used excessive force on the boy, who was wrongfully detained in a “terrifying experience.” The attorney told reporters that the deputy tossed around the teen like he was a rag doll.
“This officer was just a bully. He was out of control,” Burris said Monday afternoon during a news conference just outside the Sacramento County Sheriff’s Office. “And the way he treated the young minor was just outrageous, and certainly pathetic for an old, grown man to treat a 14-year-old boy the way he did.”
Sacramento County sheriff’s officials say the teen refused to comply with the deputy’s commands, which led to a scuffle that was caught on cellphone video. They also say the deputy tried to detain teen, but the boy became “physically resistive.” The deputy was alone and lost control of his handcuffs during the incident.
The boy — identified as Elijah Tufono by family members on social media — was forcefully detained Monday after the officer believed he saw a “hand-to-hand exchange” of tobacco between Tufono and an adult, the Sheriff’s Office has said.
The incident gained national attention last week when a video of the confrontation was viewed more than 7 million times and shared on Twitter and Instagram by public figures, including Democratic Sen. Kamala Harris of California.
The video shows the deputy pinning the teen with the boy’s back on the ground. The deputy also is seen punching the boy while holding him down and pushing the teen’s face toward a cement curb.
Deputy was searching for illegal substance sales
Sheriff’s officials say the deputy on the day of the incident, April 27, was proactively patrolling the area of Mills Station Road and Mather Field Road because residents had complained about “hand-to-hand” sales of alcohol, tobacco and drugs to minors.
The deputy spotted what he believed to be an exchange between an adult and a minor, according to the Sheriff’s Office. The deputy turned around and lost sight of the adult, who left the area.
The deputy, who had reasonable suspicion of criminal activity occurring, tried to detain the teen for further investigation, sheriff’s officials said. When the deputy approached the boy, the teen physically resisted.
Instead of using the moment to teach the teen about what the law is, Burris said, the deputy showed “how brutal police officers can be.” He said that’s the wrong lesson for the boy and the surrounding community.
“This is an officer who did not have to put his hands on this kid at the very beginning,” Burris said. “He really should’ve talked to him about what he was there for and why he was there.”
The person capturing the struggle on video is heard yelling in an apparent attempt to get the teen and the deputy to stop. “Stop hitting him, boss,” the person with the camera says to the deputy.
Burris said the deputy’s actions show he had no consideration that he was interacting with a teenager who was half his size. Without the cellphone video from the boy’s friend, Burris they wouldn’t have been able to see the incident with all the graphic details of the boy was “manhandled” by the deputy.
“And so for us, it’s extremely outrageous conduct, one that requires a recognition, one that requires accountability, and we certainly are not going to let this pass, no matter what has been said,” Burris said.
The claimed filed by Burris’ law firm on Monday does not indicate the family is seeking an amount in excess of $25,000, Burris said, and the county has 45 days to respond to the claim. Burris said the claim is just the first step that will likely lead to a civil rights lawsuit filed in federal court.
“We are hopeful that by taking this first step in the legal process, the county will see this as an opportunity to do right by this young boy,” said Adante Pointer, an attorney with Burris’ law firm.
But Burris said the deputy must first be disciplined for his actions, ranging from being demoted or fired, before the family will discuss any resolution with county officials.
“He has to acknowledge his wrongdoing and, more importantly, the department has to acknowledge his wrongdoing,” Burris said. “It is not enough to transfer him back to another community, so he can wreak havoc on that particular community.”
Last week, Chief Kate Adams said the deputy involved in the incident has been temporarily reassigned to a different role outside the Rancho Cordova Police Department “due to the volatile nature of the situation and the pending investigation.”
Rancho Cordova has a contract with the Sheriff’s Office to provide police services for the city. The deputy involved in the incident works as Problem Oriented Policing officer with the Rancho Cordova Police Department.
In an interview with Fox40, Tufono expressed remorse for his actions, saying, “Sir, I’m sorry for the way that I acted towards you and for not cooperating. And I just hope that we could meet again and be on better terms.”
Adams said she has the “same concerns that have been expressed since the release of the video on social media.” She offered to arrange a meeting between Tufono and the deputy.
Black Lives Matter Sacramento: ‘We need to see justice’
Monday’s news conference was held with Black Lives Matter Sacramento, which last week called for the deputy to be placed on unpaid leave and fired. BLM Sacramento leader Tanya Faison said there will be no “Kumbaya” moment that will resolve this.
“It’s not the boy’s responsibility to meet with the person that inflicted violence upon him,” Faison told reporters. “What we need to see, is we need to see justice, we need to see accountability, and we need to see him charged and convicted.”
Ed Obayashi, a Plumas County sheriff’s deputy and use-of-force expert, has told The Sacramento Bee that the video shows the teen resisting and the deputy “straining” to gain compliance. Obayashi also has said that the deputy’s punches were “delivered with less force” and acted as “distraction blows,” which is a technique to distract a suspect to gain control or compliance.
The teen’s family has called the incident an unjustified “beating.” The teen’s family has said the boy has a heart condition that bars him from strenuous activities.
Patrick Buelna, an attorney with Burris’ law firm, said the boy was cited by the deputy for resisting arrest. He said the boy was not charged with any other crime, not even the alleged “hand-to-hand” exchange the deputy says he witnessed.
“And we’d ask the district attorney not to file that criminal charge on him, because it’s obviously bogus and shouldn’t be filed,” Buelna told reporters. “If anything, it should be filed against the officer himself.”
