West county artist guilty in Santa Rosa police fracas

The west county artist who claimed he was the victim of police brutality in a Santa Rosa arrest caught on video settled his criminal case Thursday, pleading no contest to disturbing the peace.

But Thomas Flournoy, 50, who was shown in a cellphone video being pinned to the ground by two officers while a third pummeled his back, vowed to continue his fight in the civil courts.

"I want it to be over," Flournoy said outside of court. "We needed to resolve this in the best possible way and move on with the civil lawsuit."

Flournoy, who suffered broken ribs in the Sept. 25 altercation, said he's been denied reimbursement by the city for undisclosed medical bills. He said he would file suit in Sonoma County Superior Court "within days."

A spokeswoman for the city attorney did not return a call Thursday. Nor did prosecutors and police officials respond to a request for comment.

Flournoy was originally charged with misdemeanor obstruction in an arrest that happened after police said he pushed someone in the Last Day Saloon near Railroad Square.

In a video recorded by one of Flournoy's friends that was later posted on YouTube, Officer Christopher Diaz is seen confronting Flournoy as a crowd grows around them, some heckling the officer.

At one point, Diaz tries to handcuff Flournoy as backup officers arrive. Flournoy is then forced face down on the ground and repeatedly punched by Diaz, who claims Flournoy was trying to get up.

Police brass later said officers are trained to use such force if suspects resist them. The results of an internal investigation into the arrest were not available.

An unidentified person posted the video on YouTube in a call for witnesses. One shortened version is set to music and shows the officer punching Flournoy in slow-motion.

Prosecutors sought a court order to remove the video from the Internet, saying it could taint a future jury, but Judge Patrick Broderick denied the request.

The case appeared headed to trial when Flournoy pleaded no contest to a lesser misdemeanor count of disturbing the peace and agreed to pay a $190 fine.

His co-defendant, Kevin Goecke, 39, entered a similar agreement with prosecutors. Goecke had been charged with two counts of obstructing officers and being drunk in public.

Flournoy admitted he violated city code by being too loud but maintained he did nothing else wrong and was mistreated by police.

He said a national police watch group will be funding a portion of his civil suit.

"Beating people up just because you have the ability to do it is immoral and wrong," he said.

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