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Ejection defused situation, cop says

September 28, 2007|By Alicia Robinson

Attorneys for Orange Coast College student Benito Acosta continued to argue in court Friday that Acosta’s arrest at a January 2006 Costa Mesa City Council meeting was political because he was treated differently than other speakers and that he was not being disruptive when he was arrested.

It was the second day of Acosta’s trial on two counts of disorderliness at a council meeting and one count of violating propriety of conduct while addressing the council. All three offenses are misdemeanors.

City Prosecutor Dan Peelman said Acosta’s arrest was proper because Acosta, also known as Coyotl Tezcatlipoca, disobeyed several police officers’ order to leave and struggled and kicked them when they tried to escort him out.

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At the January meeting, Acosta joined a number of people protesting a plan, proposed by Mayor Allan Mansoor, to have city police trained to enforce immigration law.

Supporters of the enforcement plan, including Minuteman Project founder Jim Gilchrist, also were in the audience.

A city tape of the meeting shows that while speaking to the council, Acosta started to urge those who agreed with him to stand up and continued to tell them to stand after the mayor said it wasn’t allowed.

The mayor called a recess of the meeting. Officers tried to get Acosta to leave and then forcibly escorted him out.

Friday morning, attorneys questioned Costa Mesa Police Officer Dan Guth, who was sergeant at arms for the council meeting and arrested Acosta.

Peelman asked Guth questions to show police saw the meeting as a powder keg, and they arrested Acosta to prevent an explosion.

“We’ve got two sides that are both passionate about an issue, and tension was building inside the council chambers,” Guth said, explaining the mood just before Acosta was escorted out.

He then described how, after refusing to leave several times, Acosta started to walk out with officers guiding him by the arms, but he spun out of their grasp and aggressively grabbed the text of the speech he’d left on the podium.

“At that point you’ve had three different police officers tell Mr. Acosta to leave; he’s refused to leave,” Guth said. “The longer he stays, the more volatile the situation becomes.”

As officers tried to propel Acosta out of the chambers, Guth told the court, he became combative, grabbing the door frame and kicking. Guth said he sustained bruises.

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