Man who claimed excessive force against Modesto police convicted of resisting arrest
A man who made claims of excessive force against two Modesto police officers has been convicted of resisting arrest in connection with the February incident that was captured on camera and drew criticism of the officers’ tactics.
The officers made contact with Alonso Villalobos Nunez, 41, at his Hatch Road home on Feb. 10 after he was accused of stalking his former partner, who had a restraining order against him.
In response to a cell phone video posted on YouTube by the Turlock Black Lives Matter group and circulated on social media with claims of excessive force, the Modesto Police Department released its own body camera video of the incident.
The videos show Nunez repeatedly pulling away from the officers or remaining rigid as they try to pull his hands behind his back and place him in handcuffs.
At one point, an officer appears to strike Nunez in the face several times with his right hand. The officers also used a Taser on Nunez and ultimately placed him in a restraint.
Nunez was treated at a hospital for two days for injuries sustained in the encounter, including a broken nose and missing teeth, according to Turlock BLM. Upon his release, he was booked into jail and charged with two counts of resisting an officer by means of threats and violence, stalking and violating a restraining order.
His case was set for a preliminary hearing on Wednesday but instead, Nunez, who originally was identified as Alonso Nunez-Villalobos, took a plea agreement. He pleaded no contest to one of the resisting arrest charges and the other three charges were dismissed, said Stanislaus County District Attorney’s Office spokesman John Goold.
Goold said as part of the agreement to dismiss the stalking charge, Nunez agreed to make full restitution to the victim and a new criminal protective order was issued by the court.
“The victim was present in our office during the felony plea, was aware of and agreed to the term of the plea,” Goold said.
Nunez was sentenced to serve 180 days in jail and three years of formal felony probation.
Modesto Police Department spokeswoman Sharon Bear said an internal affairs investigation into the officers’ actions has been completed but she could not share the results because it is a personnel matter.
However, she said based on a review of the incident, the department updated its use-of-force policy, adding a section to specifically address closed-fist strikes.
The added policy states that closed-fist strikes should not be to target the head, neck, face or throat unless the officer believes the suspect poses a threat of serious injury to the officers or others. Previously, closed-fist strikes were not distinguished from other bodily force, Bear said.
This story was originally published December 23, 2021 at 10:23 AM.
