$900,000 settlement
Steering filed a civil rights lawsuit in federal court against the city of Fontana, alleging that police psychologically tortured Perez and coerced a false confession without first determining that the father had actually been slain. The suit was recently settled for nearly $900,000.
Perez agreed to the settlement rather than take the case to trial out of concern that a jury award could be overturned on appeal on grounds of qualified immunity for police. Generally, qualified immunity protects law enforcement officers unless they violate clearly established law arising from a case with nearly identical facts, according to the Legal Defense Fund.
Fontana police did not return an email seeking comment. Three of the involved officers remain employed with the department. One other officer has retired.
Why police were suspicious
So how could this happen?
In court documents and depositions, police say they had reason to believe Perez was lying.
First, they noted he seemed “distracted” and “unconcerned” during the 911 call, according to court records. Officers responding to the call noted the father’s cellphone and wallet were still at the home, which was in disarray. Police saw the mess as a sign of a struggle, but Steering said Perez was renovating the house and had argued with his father about it.
Additionally, a police dog sniffed out the scent of a corpse in the father’s bedroom. And there were small blood stains in the house. Steering later would say the blood stains were caused by the father’s finger-prick diabetes tests.
Perez’s lawsuit claims detectives also refused for several hours to retrieve his medication for high blood pressure, asthma, depression and stress.
Emotional distress
Perez became so distraught that he began pulling out his hair, hitting himself, making anguished noises and tearing off his shirt while police encouraged him to confess, according to a summary of the case written by U.S. District Court Judge Dolly Gee.
“He was sleep deprived, mentally ill and significantly undergoing symptoms of withdrawal from his psychiatric medications,” Gee wrote.
At one point during the interrogation, investigators drove Perez to get coffee and then to some housing tracts where he had been looking to buy. Detectives berated Perez, insisting he did not need his medication and that they knew he killed his father, according to the case summary.
“When can you take us to show us where Daddy is?” asked one of the investigators.
Also see: Recording shows Fontana police shooting fleeing suspect, say he had gun
Later, during their interview, the detectives told Perez his father’s body actually had been found already.
Asked in a deposition about his line of questioning, one of the detectives said: “I believed at the time if we told him that we had located the body, then maybe he would give us more information about what had occurred.”
Police, in court records, insisted Perez was voluntarily undergoing questioning and was free to go at any time. However, in her case summary, Gee wrote that the “circumstances suggested to Perez that he was not free to leave.”
She also noted that there was “no legitimate government interest that would justify treating Perez in this manner while he was in medical distress.”
Father turns up alive
Perez’s nightmare ended shortly after police got a phone call from his sister, who said their father was alive and well. He had actually walked to the train station in Fontana and rode the line to Los Angeles County to visit a relative and then took a bus to visit a female friend, Steering said. Perez Sr. later went to the airport to await a flight to Oakland to visit his daughter.
Police picked up the father at the airport and brought him to the Fontana station.
But the investigation didn’t stop there. Detectives obtained a warrant to again search Perez’s house for evidence that he had assaulted an “unknown victim,” according to Gee’s summary.
It appears none was found.
Perez was not released until after the end of the three-day psychological observation period. He then retrieved his dog from Riverside County Animal Services, tracking her down through an implanted chip, Steering said.
While Gee concluded Fontana detectives had sufficient reason to believe an offense had been committed, she criticized officers for their interrogation tactics.
“A reasonable juror could conclude that the detectives inflicted unconstitutional psychological torture on Perez,” Gee wrote in her summary judgment. “Their tactics indisputably led to Perez’s subjective confusion and disorientation, to the point he falsely confessed to killing his father, and tried to take his own life.”
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