Judge Orders Trial on Charges of Sexual Battery and Resisting Arrest

By Aska Smith

In September of 2017, Hector Valdez Perez was charged with resisting arrest and use of a deadly weapon toward a peace officer, dissuading a witness from reporting a crime, and additionally a DUI.

Mr. Perez’s girlfriend of eight months broke up with him the night he was arrested. On August 17, 2017, the police came to the girlfriend’s house while Mr. Perez was there. Deputy Jonathan Fielding responded to her residence call. On August 17, 2017, Mr. Perez was cooperative with the officer but was arrested for violating a restraining order, even though it was his girlfriend who had invited him over that night – which was in violation to the Solano County restraining order.

During the day on September 2, Mr. Perez and his girlfriend were shopping at Walmart when a man in line had commented about how long the line was to the cashier, and the girlfriend responded verbally by agreeing with the man. Mr. Perez, upon seeing their interaction, was greatly angered and stomped on her foot, leaving a bruise that lasted for over a week. That same night, Mr. Perez became very intoxicated and tried to initiate sex but his girlfriend refused. She then proceeded to go outside and pet her dog. While she was outside, Mr. Perez locked her outside and would not let her back in. She was able to get back into her house by breaking the garage window and from there opening the door. When she got back inside Perez raised his voice against her and she asked him to leave.

His girlfriend hid in the closet and was trying to call 911 to try to explain what was happening. While she was on the phone, Perez grabbed the phone away. Police officers arrived at her house shortly after. Perez stole her purse and her dog that night.

Deputy Fielding was the officer who was present at Perez’s girlfriend’s house. Perez was searched by the officer and his girlfriend’s Android cell phone was found in his pocket.

Before August 17, 2017, Deputy Fielding had gone to Perez’s girlfriend’s residence two times, once for a welfare check to offer welfare services to her and a separate time where there was a suspicious circumstance where the girlfriend thought Perez might have been there, but Perez was not actually present.

Furthermore, on September 3, 2017, Perez was arrested for a DUI. Deputy Fielding went to Perez’s girlfriends house after the incident to do a welfare check since he realized the dog that was in Perez’s car was hers. At this point, Deputy Fielding did not see any visible injuries on her.

Early morning on September 3, Woodland Patrol Officers Montano and Neilson were patrolling the roads when they saw a vehicle flicker low beams and high beams in a distance. The vehicle then continued to travel toward the patrol officers with regular lights. The vehicle was speeding and the high beams were again flickering on and off. The patrol officers made an enforcement stop and when they approached the vehicle, they made contact with the driver who was Mr. Perez. There was a large dog in the car and appeared to be nervous because officers (strangers) were walking up. The dog growled and showed signs of aggression toward the officers. The officers asked Perez to step out of the vehicle and, while he did so, the officers could smell the odor of alcoholic beverages on Perez. Perez’s voice was slurred and he seemed extremely nervous and fidgety. Although the officers attempted to perform field sobriety tests, Perez refused to submit to any tests. When the officers asked pre-field sobriety test questions, Perez said he had six beers earlier that day. When Officer Montano was trying to set up an alcoholic screening device (PAZ test), Perez started to walk away toward his vehicle. Montano stopped Perez from walking away and tried to prepare the PAZ test again, however Perez then tried to run back to his vehicle. Montano ran after Perez and tried to tackle Perez. Both of them hit the ground, Officer Montano injuring his knee. When they landed, Montano’s equipment, including his baton, notepad and flashlight, fell out from his uniform. Montano tried to get on his radio to call for help. Perez was also injured and bleeding.

Officer Neilson then ran up and was trying to assist with arresting Perez. However, Perez was resisting arrest and tried to grab the baton, swinging the baton toward Neilson. Perez also attempted to punch Officer Neilson. Montano was trying to get up, however was having difficulty due to his injury and when he was finally able to get up, he and Officer Neilson they were able to arrest Perez.

Furthermore, on September 9, Deputy Sheriff Andre Stafford interviewed Perez in jail after reading him his Miranda rights. Stafford asked Perez about the incident of flashing his high beams and Perez stated he was drunk that night. Perez also stated he did not want to go back to jail and that was the reason he resisted arrest.

The judge ruled that there was enough evidence for all three counts: felony charge of resisting arrest, assault with a deadly weapon toward a peace officer, and dissuading a witness from reporting a crime. Arraignment was set for July 27.


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About The Author

The Vanguard Court Watch puts 8 to 12 interns into the Yolo County House to monitor and report on what happens. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org

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