The LELDF Case Update

Officer Ramiro Pena Files for Reinstatement

New Grand Jury to Decide Sears' Fate

In our Summer 1998 newsletter it was reporteded that Officer Ramiro Pena was acquitted by a jury in Muskegon, Michigan of the charge of aggravated assault. Mr. Pena has subsequently filed for reinstatement to the force.

 

Officer Pena was charged following a violent confrontation with an ex-felon, Scotty Waller. Through Officer Pena's efforts, Waller was subdued and handcuffed. Later following racial unrest, Officer Pena was fired and indicted for aggravated assault.

 

The LELDF came to Officer Pena's assistance because it concluded that his actions and use of force were proper within police guidelines and according to police instructions and training. It also appeared that politics entered into the decision to charge Officer Pena since a number of other officers were involved in the struggle, yet Officer Pena was the only one indicted.

 

The LELDF contributed over $35,000 for expert witness and legal fees, including the hiring of the attorney that successfully represented Officer Pena in the criminal case. Grand Rapids lawyer Thomas McCarthy is representing Mr. Pena in his battle to be reinstated to the force. A decison is pending.

Next Story

With the support of the LELDF, Sears' attorney, Michael Fabian, filed motions to dismiss the indictment due to misconduct and improper activities (including intimidations and threats to other jurors) by a member of the grand jury. The judge granted the motions and a new grand jury is scheduled to begin deliberations in January.