Modesto gets new court date for restraining order to protect police sergeant
The court date for Modesto to seek a restraining order to protect one of its police sergeants has been rescheduled from Wednesday to Jan. 13.
The city is seeking a restraining order in Stanislaus Superior Court against Modesto resident Adorthus Cherry, which would bar him from having any contact with Sgt. Derrick Tyler for three years. Tyler says Cherry threatened him at the Nov. 4 football game between Central Catholic and Oakdale high schools. Tyler is a Central Catholic assistant coach, and Cherry’s son plays for Oakdale.
The two men know each other because Tyler once coached Cherry’s son, according to court records. The records do not say where or when Tyler coached the son.
“My fear is based on the threats he made that night in addition to my knowledge of his past criminal history including unlawful possession of steroids, prior aggressive acts toward police officers, a prior incident where he confronted MPD officers while he was wearing a bullet proof vest, a prior incident in the summer of 2016 when he went to the MPD building on 11th Street and said he was there to harass officers because they harass him,” Tyler wrote in his declaration in support of the restraining order.
Senior Deputy City Attorney John Goulart said he asked for the postponement because the city has not been able to serve Cherry with the petition requesting the order and the notice of the hearing date. Court records show deputies made six attempts from Nov. 17 to Dec. 5 to serve Cherry at his home. Deputies also left their business cards four times. Goulart said that since then private process servers have tried to serve Cherry.
Police arrested Cherry after the football game on suspicion of obstructing or resisting an executive officer. Cherry said he was “being unlawfully arrested and detained for something he didn’t do,” according to the Oakdale police report. Goulart said Modesto attorney Alonzo Gradford told him he is representing Cherry and would contest the city’s request for the restraining order.
Goulart has said it is not unheard of for the city to seek a restraining order to protect an officer. Modesto received a restraining order in February on behalf of a police officer who was being harassed by a neighbor.
This story was originally published December 27, 2016 at 3:14 PM with the headline "Modesto gets new court date for restraining order to protect police sergeant."