Retired Santa Ana Officer Charged With Assaulting Suspect During 2014 Arrest, Then Lying About It

SANTA ANA (CBSLA) – A now retired Santa Ana police officer was charged Wednesday by federal prosecutors with using unreasonable force and lying about his actions in regard to a 2014 arrest in which he was caught on video punching a suspect.

Fifty-year-old Brian Patric Booker of Chino Hills was indicted Wednesday by a federal grand jury on one count of deprivation of rights under color of the law and two counts of falsifying records, all felonies.

On June 19, 2014, Booker was involved in the arrest of then 27-year-old Edgar Vargas-Arzate, which was captured on surveillance video outside a home on Sycamore Street.

In the video, Vargas-Arzate is shown putting his hands up and then getting on his knees and then laying prone. Several officers are seen punching him and hitting him with a baton.

Following the incident, Booker was placed on desk duty and then retired in 2018 after 19 years with the department.

According to the indictment, Booker falsely alleged that he punched Vargas in the back of the head three or four times because he believed Vargas was about to tackle him and possibly grab Booker's gun.

The charges were brought against Booker following an FBI investigation. If convicted as charged, he faces a maximum sentence of 60 years in prison.

Vargas-Arzate was taken to a hospital and charged with attempted burglary. He later sued the city and Booker. The case was settled in July 2016.

According to the O.C. Register, in August 2014 Vargas-Arzate, a Mexican national, was arrested by ICE officers while on the way to the Santa Ana courthouse for a hearing. At the time he had several felony convictions and had been deported multiple times, the O.C. Register reports.

Booker, meanwhile, was previously arrested for suspicion of driving under the influence March 17, 2013, but alleged in a claim with the city and later in a federal lawsuit that his constitutional rights were violated when blood was involuntarily drawn, according to court records. That claim was ultimately settled.

When a similar motion failed in his criminal case he pleaded no contest to the DUI charge on June 6, 2014, according to court records. He was on administrative leave after his arrest in March 2013.

Booker is scheduled to be arraigned Aug. 12.

Santa Ana police released the following statement after the charges were filed:

"Today, the U.S. Attorney's Office indicted a Santa Ana police officer for civil rights violations stemming from an arrest that occurred in June 2014. Santa Ana police officers responded to a call for service regarding a subject attempting to enter a community member's residence. Officers attempted to take the suspect into custody and a use of force incident occurred. The suspect was arrested for attempted burglary.

"In July 2014, Santa Ana Police Department was made aware of allegations of excessive force and initiated an Internal Affairs administrative investigation. The officer was assigned to desk duty and had to contact with the public.

"In September 2014, the Santa Ana Police Department was notified the FBI was conducting an investigation into the matter to determine whether the use of force constituted a federal criminal violation. The Santa Ana Police Department tolled the Internal Affairs investigation, pending the outcome of the federal investigation.

"The officer in question is no longer an employee with the Santa Ana Police Department. The Santa Ana Police Department has cooperated with the federal investigation and will continue to do so."

(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)