Section 148(a)(1) of the California Penal Code makes it a crime to willfully “resist, delay or obstruct” a police officer or emergency medical technician in the performance of on-the-job duties. Ironically, this section of the penal code aka as “the boot of the police state” is the section that is almost exclusively and illegitimately used AGAINST US. This time, I believe that it directly applies to Dan Hughes and possibly even Andrew Goodrich who was the watch commander. Here is the claim for damages filed by the DA investigator who was abrubtly taken off of the case
In the wee hours of the morning following election night, Dan Hughes directly interfered with an arrest, and willfully delayed and obstructed his four officers in the performance of their on the job duties. He called off the arrest of and breathalyzer administration to a suspect caught in the act of fleeing the scene of an accident as he reeked of alcohol. The suspect was none other than our esteemed City Manager-Joe Felz.
The state legal system is set up to give police officers the ability to carry out their functions with minimal interference, including command staff, and anyone who interferes should face arrest and prosecution if they are perceived to be interfering with the operation of law. In fact, anyone could be charged with the crime of obstructing justice for doing virtually anything that constitutes an attempt to prevent a police officer from performing their duties. I believe Dan Hughes signed his own guilty plea when he put out that memo to the council regarding the election night incident involving our city manager.
A petrified Fullerton homeowner had called in a car crash in front of their home at 1:30 in the morning where a van ran over a tree and got itself stuck. The driver of the van was attempting to free the vehicle by continually reving up its engine, putting it in gear and reverse over and over trying to get away. What kind of police officers does Fullerton have who arrive on scene to where a man smelling of alcohol was attempting to leave the scene of an accident, and they fail to arrest and administer a breathalyzer? Whats worse is they let the alleged drunk driver who happens to be our City Manager Joe Felz call and ask for the police chief at 130 in the morning?
What kind of police chief instructs his four police officers who arrive on scene to where a man smelling of alcohol was attempting to leave the scene of an accident, to NOT to arrest him, not to administer a breathalyzer but rather wait until the police chief sends HIS special guy out possibly hours later to do a PRIVATE field sobriety test with NO BREATHALYZER, AND without the presence of another officer without and then drive him home instead of arresting him and taking him to jail? Hiding or destroying evidence or material that would be useful in proving a crime, or attempting to prevent another individual from providing information regarding a crime would have you or I facing charges of obstruction of justice. Watch Joe Imbriano and Barry Levinson at FPD headquarters as they attempt for a second time to get the FPD’s own men in black to take a report on Chief Dan Hughes’ obstruction of justice and they REFUSE.- part 1 and 2. The criminal justice system is broken folks and until law enforcement agents are held criminally liable for their actions, nothing is going to change, We need to send a strong message to all law enforcement that no one is above the law, especially those who are bestowed with arrest powers who are so handsomely paid to and entrusted with the duties to uphold and enforce it.
#1 by Barry Levinson on April 14, 2017 - 3:45 pm
The FPD would not fill out a police report on a crime committed by former Police Chief, namely obstructing justice in the wee hours of November 9, 2016. The evidence of the crime was clearly stated by Dan Hughes himself with his official memo on the subject hours after the incident took place.
The officer at the desk, a Sergeant Klander (I believe that is the correct spelling o his name), informed us that he would not be taking our statement. I thought it was their Job to take down a citizens statement and then investigate it afterwards. We were informed by Captain Siko two days earlier to file with the OC District Attorney’s Office and not with the FPD. However, Joe Imbriano checked with OCDA Office and their explanation seemed to clearly indicate that the Fullerton Police Department was the proper place to file our police report.
We will follow-up with the OCDA Office to determine whether the FPD refusal was against normal police procedure or even a violation of the law itself.
We will not rest until justice is served and that must include charges against Dan Hughes for at least obstruction of justice and at the very least some form of disciplinary action against the four officers who did not follow proper police procedure in dealing with Joe Felz in the early hours of November 9, 2016.
We will not tolerate actions that constitute a police state here in Fullerton
#2 by Anonymous on April 16, 2017 - 5:11 am
The FPD lets their buddies get away with this crap all the time. Just another night and another day in the life for Danny’s boys. Joe, if that was you instead of Felz, they would have beat the shit out of you.