Charges dropped against Santa Ana man punched by officers in viral arrest video

Florentino Lopez, the Santa Ana man seen in a viral video being pulled to the ground and punched by police officers, will not face criminal charges from that arrest, the Orange County District Attorney's office told the Los Angeles Times.

Lopez, 28, was arrested Oct. 1 outside the Santa Ana home he shares with his parents and sister. His attorney, John Kremer, said prosecutors dropped the case Tuesday, Oct. 13, without explanation. Oct. 13 was also Lopez's scheduled court date, according to the Times.

Probation violation instead

The case is not completely over for Lopez. DA spokesperson Kimberly Edds told the Times in an email that prosecutors are instead pursuing a probation violation against him. "Based on the totality of the evidence in the case, including the body worn camera video, we determined that pursuing the probation violation was the most appropriate sanction," she wrote.

In January, Lopez pleaded guilty to several charges, according to Orange County court records cited by the Times. They included carrying an unregistered firearm in public, evading a peace officer, hit-and-run involving property damage and resisting an officer. He was placed on two years' probation, which he is now accused of violating.

Kremer said Lopez is "quite pleased" the case was dismissed and plans to fight what the attorney called the alleged felony probation violation.

What the video shows

The video, which Kremer said was recorded by Lopez's younger sister, shows officers holding Lopez against the hood of a patrol car. One officer then yanks him to the ground and punches him while Lopez covers himself and yells, "Lawsuit!" According to Kremer, the struggle ended when two more officers arrived, and Lopez was handcuffed.

Kremer said the encounter happened around 9:30 p.m. He said Lopez and his sister were smoking on their front lawn when two officers arrived and called him out into the street. He said one of the officers knew Lopez was on probation when they approached him for smoking marijuana.

Kremer said Lopez had been facing charges of resisting an officer and smoking near a school, and was cited for being a pedestrian in the roadway. He said bail was set at $20,000. Kremer said the video "speaks for itself" and shows officers using excessive force.

The investigation

Santa Ana Police Chief Robert Rodriguez said the department is conducting a "thorough review" of the incident, including body-worn camera footage, reports and the circumstances of the arrest. He said he had personally reviewed the video. The department has opened an internal investigation but has not publicly identified the officers.

City officials said at a council meeting that they plan to hire an independent investigator to review the officers' body camera footage. Mayor Valerie Amezcua said in a social media post that she supports transparency and a thorough investigation. She said details that could compromise the process can't be shared and that people shouldn't judge all officers by one's actions.

What’s next

Lopez still faces the alleged probation violation, which his attorney says he will contest. The police department's internal investigation and the city's planned independent review of the body camera footage are still pending. No hearing date has been made public.