D.A. won't charge protester

The Orange County district attorney will not file charges against Coyotl Tezcatlipoca, the protester who was arrested at a Costa Mesa City Council meeting in January.

Tezcatlipoca, who police identified as Benito Acosta, was scheduled to appear in court today.

Tezcatlipoca, 24, of Costa Mesa, was arrested after being ordered to stop speaking at the podium during the Jan. 3 council meeting.

He was at the meeting protesting the council's adoption of a plan to train police to enforce immigration laws.

Police submitted three charges: resisting arrest, battery of a police officer and disrupting a City Council meeting, Deputy Dist. Atty. Susan Schroeder said Thursday. The District Attorney is not filing the first two charges, and the third is a municipal code violation that will be referred back to the city.

Asked why no charges are being filed, Schroeder said, "We refused it [the charges] in the interests of justice," but she would not elaborate.

The city has not yet received the municipal code violation from the district attorney's office, Costa Mesa City Atty. Kimberly Hall Barlow said. Once that happens, it would be given to the city prosecutor, who is another attorney at Barlow's firm who works independently of her.

The city prosecutor will evaluate the charge and determine whether to pursue it, Barlow said. If the city proceeds, a court date would be scheduled later.

Reached Thursday afternoon, Tezcatlipoca said he wasn't sure how to feel.

"I'm happy, of course -- I don't have to go through that drama," he said.

He added that he still thinks he was treated unfairly by city officials. His supporters allege his 1st Amendment rights were violated when he was cut off while speaking and then taken outside the meeting and arrested.

Mayor Allan Mansoor has defended his handling of the situation. He has said he cut Tezcatlipoca off because he wasn't following council rules, and Mansoor was concerned violence might erupt at the meeting.

* ALICIA ROBINSON covers government and politics. She may be reached at (714) 966-4626 or alicia.robinson@latimes.com.