By Amy Berberyan
RIVERSIDE, CA – Despite Judge Anthony Villalobos’ warnings about a possible life sentence, Esteban Mujica decided to represent himself during his preliminary hearing last Friday in Riverside County Superior Court.
Mujica, who pleaded not guilty to two charges of police battery and an additional count of public intoxication, maintained that he wished to remain pro per (representing himself) in court.
Deputy District Attorney Melinda Londos’ first witness, Deputy Devin Nelson, confirmed that he responded to a Highway 111 call on July 26, 2021; the incident involved an incident between “two males” on a bus.
When he arrived, Deputy Nelson approached Esteban Mujica with his taser out but not pointed at Mujica “due to the accusation of an altercation” and detained him because his appearance matched the description of one of the fighters.
“At that point, he was cooperative,” said Deputy Nelson. “I detained him into handcuffs without incident.”
Afterwards, once Deputy Martin had arrived, Deputy Nelson went to conduct a records check on his radio. Because of a complication, he had to do this in his police car. While he was inside the vehicle, he said he heard Deputy Martin say something like “Get over here” on the radio.
When he testified he looked in the vehicle’s rear view mirror, he saw Deputy Martin and Mujica on the ground. Deputy Nelson then ran out, picked him up with the aid of Deputy Martin, and walked him to the patrol vehicle.
DDA Londos inquired about Mujica’s behavior, and Deputy Nelson described him as “resistant.”
This included Mujica allegedly “pulling away, [and] dropping his hips” in an attempt to “inhibit [the deputies’] ability to walk him to [the] patrol vehicle.”
Deputy Martin had to let go to open the door and Mujica pulled away; Deputy Nelson said he pinned him against the car to restrain him.
At this point, Deputy Nelson testified Mujica “turned and spit in my face several times.” After reviewing his report, the deputy confirmed that Mujica spit in his face three times.
As a result of some of Mujica’s spit landing in his eyes, Deputy Nelson said he called the Fire Department to get his eyes flushed out with “some kind of a solution.”
After Mujica spit, Deputy Nelson said they had to “force him [into]” the patrol vehicle. Once inside, he claimed Mujica was “irate” and needed to be “restrained by multiple deputies while [Deputy Nelson] searched him.”
At the Palm Desert Sheriff Station, the deputy confirmed that he did Mirandize the defendant. While he was filling out paperwork, Deputy Nelson said that Mujica started speaking to him despite not being asked questions.
“He apologized for spitting at my eyes,” the deputy alleged.
Deputy Nelson confirmed that Mujica smelled like alcohol and “had drank a tall can of Modelo.” Despite this, he had appeared cognizant enough to know what he had done was wrong. Deputy Nelson said he came to this conclusion after the apology.
DDA Londos asked whether there was a time when more than two deputies had been involved in restraining Mujica. Deputy Nelson stated “at least three, probably four” when he was searching Mujica, who was at that point “belligerent.”
“It was kind of a hectic little scene,” he added, mentioning his hat had been knocked off and trampled during the altercation.
Mujica asked to speak at this point, maintaining he had “paperwork that verifies” there were four deputies, noting, “You also forgot to mention that you guys grabbed me from each limb,” he continued, “and threw me in the back of the patrol car.”
Judge Villalobos reminded Mujica that he was not testifying and had to question the witness during this exchange several times and suggested how he could word his questions.
DDA Londos questioned if the deputies’ treatment of Mujica was a result of “how severely he was behaving at that time” and Deputy Nelson responded in the affirmative. He maintained this maneuver would only be used on someone being “extremely combative.”
After Deputy Nelson was excused, DDA Londos called in Deputy Brandee Martin.
Deputy Martin said she sustained a knee injury trying to get Mujica to cooperate. This occurred when she had to grab his arms, trip him, and push his body to the ground to prevent him from fleeing. “It was red and it hurt,” she said, and mentioned bruising.
Her testimony supported Deputy Nelson’s, repeating how she had to open the patrol car door, Mujica’s spitting on Deputy Nelson, and that they had to shove him inside the vehicle.
When questioned by DDA Londos, Deputy Martin denied that this was how she would “normally handle individuals [she] is trying to get into the car” and was a result of Mujica’s “struggling.”
When Mujica’s turn to question the witness came, he said “if I’m handcuffed and you push me, and you fall with me, that’s not my fault.”
Judge Villalobos prompted him to question the witness, who responded in the affirmative.
“I disagree with that,” said Mujica. Judge Villalobos reminded him that he could not testify. Mujica then added, “There’s literally nowhere for me to run if I’m handcuffed.”
“There’s literally everywhere for you to go,” responded Deputy Martin.
Judge Villalobos repeated it would be better for Mujica to get an attorney and framed Mujica’s question about why he was detained for him.
Mujica decided to testify, claiming “I didn’t touch nobody” on the bus. He had been en route to the courthouse for an unrelated matter when someone hit him on the back of the head twice; Mujica had been unable to acquire the footage to support this claim because of bus policy.
“This is all just a big understanding,” he said. He mentioned being upset about being hit and did not want to get a failure to appear in court because this would result in a violation of his probation.
“The whole incident happened, there’s no doubt about that,” he said. “I’m not a bad individual. I’m not perfect. I’ve made some mistakes. I just feel like I should be entitled to a second chance.”
“This is why I was suggesting you get an attorney,” said Judge Villalobos, “to protect your interests.”
When DDA Londos began questioning Mujica, several non-responsive objections were sustained, and he stopped asking questions after Mujica claimed he did not remember spitting in Deputy Martin’s face.
Mujica’s next hearing date on the battery case is March 18.
