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 19, 2017 - 11:36 am
Old School you are so right. The fact that I got no response from the Interim Chief at last night’s council meeting after I exposed the failure of the FPD to take our police report tells you just how entrenched is the corruption. Those officers that would like to do a good job are intimidated by the crooked leadership.
Old School if you do not know, my dad and his older brother were career NYC police officers. They took their oath to serve and protect the public very seriously. They are two of my biggest heroes. Crooked police officers tarnish their memory and the good deeds and heroism of all good police officers.
Dan Hughes has done serious damage to our FPD. He must be held to account for his scurrilous deeds.
We must mobilize to get the good guys in charge once again. A police state atmosphere should never be tolerated by the public.
#2 by Old School on April 19, 2017 - 2:26 pm
For some police officers, ambition, greed and corruption is what drives them. Promoted to the right position, they form a symbiotic relationship with like-minded supervisors and politicians. When honorable officers dare to speak out or do the right thing they are dealt with swiftly, harassed, denied assignments, promotion or even terminated as in the case of Corporal Paul Irish. Newer officers quickly learn to go along with the desires of police supervisors, management or their misguided career driven peers even if it means destruction of their own integrity.
Where does an honest cop turn for help to right the ship?
The Chief of Police the City Manager or the Mayor?
Corruption is truly top down…….
Mr. Levinson, I’m glad your father made you proud of him….Every officer, every day should look in the mirror and ask themselves “Will I make a loved one proud of me today”?