Sonoma County judge: District Attorney’s Office did not retaliate in Gabbi Lemos case

A Sonoma County judge ruled Thursday there was no evidence the District Attorney’s Office retaliated against a Petaluma teenager by charging her with resisting arrest after she filed a police brutality lawsuit.

Judge Gary Medvigy made the finding in the case of Gabbi Lemos, 18, after hearing court testimony from the deputy prosecutor, who said she based her decision on an independent review of body-camera recordings.

The prosecutor, Jenica Leonard, said under questioning by Lemos’ attorney she had no idea an excessive-force suit was coming when she reversed a decision from another prosecutor who declined to charge Lemos.

Leonard testified she was asked to take another look at the case and made up her mind by Nov. 5. But she didn’t file until Nov. 12 because she was waiting to contact the sheriff’s deputy, Marcus Holton.

Lemos sued in federal court in San Francisco on Nov. 11.

Asked by attorney Izaak Schwaiger what role the civil suit played in bringing the misdemeanor charge, Leonard said, “It doesn’t.”

Also, Leonard said she did not know top managers in the office did their own, separate review and thought Lemos should be charged. She only found out later, she said.

The nine-year prosecutor answered other questions in between dozens of objections from her colleague, Chris Honigsberg, before the judge concluded there was no retaliation.

Medvigy said his ruling was supported by emails showing plans to charge Lemos were in the works weeks before the suit.

“I find nothing vindictive,” Medvigy said. “I see nothing that even appears to be that, once the evidence is laid out.”

Medvigy said charging delays were becoming increasingly common as authorities rely more on body-cam evidence. He called it “the new norm.”

“It complicates filing decisions,” the judge said.

His ruling sets in motion a misdemeanor trial for Lemos, now scheduled for June 30. A conviction would prevent her from collecting monetary damages in her separate federal claim.

Lemos’ attorney said a settlement was not likely. After the judge issued his decision, Schwaiger lodged a prosecutorial misconduct claim, asking again to have the case dismissed. He accused District Attorney Jill Ravitch of violating professional conduct codes by releasing recordings of a jail phone call in which Lemos used a racial slur to describe Holton, who is black.

Schwaiger said the recording is irrelevant, inadmissible and an attempt to discredit his client in the eyes of the public.

“It’s only designed to smear the defendant,” he said.

A sheriff’s spokeswoman has said the recordings and videos were part of a court exhibit and helped explain the context of the Lemos arrest.

A hearing on the motion is set for June 1.

Holton was patrolling Liberty Road in Petaluma the night of June 14 when he spotted a truck and trailer parked along the road.

Hearing people yelling, he stopped to investigate and found Lemos’ older sister, Karli, sitting in the truck, appearing to be drunk.

When he opened the door to question her, Lemos intervened, stepping between the deputy and her sister. An argument ensued with Lemos family members, and Holton tackled Lemos to the ground when she attempted to walk away and into her nearby house.

She suffered facial bruising she claims was caused by Holton grinding her head into a gravel driveway.

The confrontation and arrest are captured in part on Holton’s body camera.

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com. On Twitter @ppayne.