Details emerge in incident that followed peaceful protest, march in Oakdale
Oakdale police continue to review video and investigate an altercation at the end of Wednesday’s George Floyd/Black Lives Matter rally and march. The incident included a protester, Modesto resident Brandon Gray, being punched as he rode in a convertible. He and two other men were arrested, but Gray was released later in the day.
The three arrested, Chief Scott Heller said, were Nicholas Gonzales, 33, booked for battery for allegedly assaulting occupants of the convertible; Joseph Lutz, 20, booked on suspicion of assaulting a peace officer; and Gray. Lutz, one of the protesters, ran into the street and assaulted police officers during the incident involving the convertible, Heller said.
In an email to The Bee, the chief said officers in the area observed the convertible circle the block several times. Each time it was on F Street, its horn was honked excessively. On the last pass down F, an officer saw something thrown from the vehicle.
“Officers attempted to conduct a vehicle stop, and a fight ensued between protesters and the occupants of the vehicle,” Heller said. As officers were taking Gonzales into custody, “Mr. Gray appeared to be attempting to flee by jumping on the trunk of the vehicle, so he was detained.”
Video shows an officer pulling Gray down from atop the car, but the former Beyer High School and Modesto Junior College football player lands on his feet.
“Mr. Gray was transported away from the crowd to the police department and released a short time later,” Heller said. Gray’s statements corroborated video evidence that his intent was not to flee from officers. “We do agree that Mr. Gray and the occupants of the vehicle were not the instigators and were defending themselves,” the chief said. “We have been in contact with Mr. Gray to discuss the events and continue our positive dialogue.”
A Bee reporter reached Gray on Thursday, but he was not ready to be interviewed at the time, he said. A message also was sent out to Gonzales for comment, but he did not reply as of Thursday afternoon.
Prior to Gonzales punching Gray, which was caught on video by several people, someone in the convertible threw an object, the chief said. “That was not captured on the cell phone video many in our community are seeing,” Heller said.
While intervening, he said, officers used “ a nonlethal sound distraction device to disperse the crowd. We then ended the protest, declaring it an unlawful assembly. Two officers suffered minor injuries as a result of this altercation.”
The Stanislaus County jail inmate log did not show Gonzales or Lutz in custody on Thursday.
Wednesday night, Gray posted on his Twitter account: “I just wanted to say I love you to everyone here showing your support not only to me but to the movement as well, today something happened that changed my life forever but I will never stop marching and fighting for what’s right SAY it loud for everyone to hear! #BLACKLIVESMATTER”
Early Thursday morning, Lutz posted on his Twitter account: “I appreciate the love. Out of jail after 13 hours of processing. $25,000 bail so I really appreciate the support. Reminder the black individual was going to be charged with assault on a officer if I didn’t tell him what really happened #blm”
Heller on Thursday said there remain “a lot of moving parts to deconstructing the incident.” Among them are cell phone videos making the rounds on social media. “We also have video we are reviewing, and we are discussing with our officers what transpired. We want to make sure the people who instigated the altercation are held accountable and will do our due diligence in our investigation.”
The rally began around 10 a.m. in protest over systemic racism and the death of George Floyd, a black man who died in police custody in Minnesota last week. Floyd’s death has sparked protests around the country, some of which have devolved into violence.
What happened Wednesday occurred after many protesters and many of the residents who’d watched or verbally confronted them were dispersing. “During the protest, our officers kept open lines of communication with the demonstrators,” Heller said. “At one point, our officers along with members from the Stanislaus County Sheriff’s Office and Modesto Police Department created a barrier in front of the protesters. As the crowd thinned and people started to leave, we responded by also reducing the number of officers on the line.”
Heller, who was present at the rally and march and talked with demonstrators, said he is proud of how officers conducted themselves during the day. “Our goal was to provide a safe space for everyone to be heard and to respond if the protest were to take a negative turn,” he said. “... I understand this is an emotional time and everyone has the right to express themselves. Our officers acted professionally and did everything they were supposed to do during the protest to preserve public safety.”
This story was originally published June 4, 2020 at 4:15 PM.
