DA Still Undecided On Whether To File Criminal Charges In CHP Freeway Assault

LOS ANGELES (CBSLA.com) — Southland civil rights activists Thursday urged Los Angeles County prosecutors to pursue criminal charges in the assault of a homeless women by a California Highway Patrol officer.

KNX 1070's Pete Demetriou reports the call comes on the heels of an announced civil settlement that will pay Marlene Pinnock $1.5 million for injuries and damages suffered in the July assault.

As part of a settlement announced Wednesday night, the officer identified in federal court papers as Daniel L. Andrew will resign.

In court documents, the 51-year-old Pinnock said she was walking along and minding her own business when Andrew tackled her and punched her repeatedly in the face. Andrew later said he was trying to restrain her to keep her from walking into traffic.

The beating was captured on cellphone video by David Diaz, a music producer who was driving by at the time of the attack.

While the District Attorney's Office has not yet decided whether to file charges, former prosecutor Steve Meister said even with video evidence, an argument can be made the officer used force to prevent a potentially deadly multiple car crash on the 10 Freeway.

"He punched her several times in the face, that may or may not have been necessary," said Meister. "His need to respond to the situation was clear, but he may have ended up taking it too far."

Andrew, who was with the CHP less than two years, was assigned to desk duty after the attack, according to CHP.

A coalition of community activists led by Project Islamic Hope Director Najee Ali and Los Angeles Urban Policy Roundtable President Earl Ofari Hutchinson were also behind a new campaign for the prosecution of Andrew.

""Our call has always been for L.A. County District Attorney Jackie Lacey to prosecute Andrew for beating Pinnock," said Hutchinson and Ali in a joint statement. "The settlement with her changes nothing. If anything it makes a prosecution more urgent now than ever."