It was a day Idalia Morgutia-Johnson says changed her life forever. She explained, “Things aren't the same. I've suffered injuries from the incident. I have a herniated disk and my doctor and specialist has told me that I will remain in pain for the rest of my life.”
Two years ago then 15 year old Morgutia-Johnson says she was at Big Mama's Restaurant, in Fresno for her friend's birthday. Morgutia-Johnson said, “I was approached by an officer that I needed to leave the establishment and from there it went into me being slammed onto the trunk of his car and held in a bear hug and chokehold by another officer and being arrested.”
The incident was videotaped by another student.
“I was scared. I didn't know if any movement or anything would result to them grabbing me again or throwing me around. It was pretty scary. I was crying a lot,” explained Morgutia-Johnson.
But police reports show a very different scenario. It says police asked Morgutia-Johnson to leave the restaurant, but she refused. Police say she fought with officers, swinging her arms and hands, trying to hit them. Police say they didn't want to hit her, so they tried their best to calm her down.
Fresno Police Chief Jerry Dyer released a statement today that reads, "The mere fact that criminal charges have been dismissed in this case does not mean wrongdoing occurred on the part of the officers. Criminal charges are frequently dismissed within the criminal justice system for a variety of reasons. The officers clearly had justification to arrest the juvenile based upon their account of the incident which has been supported by independent witnesses. Should a lawsuit be filed we are prepared to defend the actions of the officers involved."
Morgutia-Johnson does plan on filing a lawsuit against the police department. Laura Magill is her attorney.
“The Fresno Police Department officers who think they can go harass students will not be able to do this. They will not be able to continue doing this without consequence,” said Magill.
The police report shows officers were asking a number of students to leave the restaurant because they were loitering. Police say they came to the restaurant for crowd control, due to recent disturbances happening in the parking lot.
Morgutia-Johnson plans on filing a lawsuit against the Fresno Police Department for illegal arrest, and violating her civil rights.
TXT 24
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