Wayne Benitez, an ex-Palo Alto police officer, has entered a guilty plea for abusing a gay man in Silicon Valley.
Benitez pleaded guilty on Tuesday to excessive force related to the 2018 arrest of Gustavo Alvarez, who identifies as gay, according to The Mercury News.
Alvarez sued the city and the police department, winning a $572,000 settlement, and mandatory LGBTQ sensitivity training for the police force.
Benitez, 66, entered his plea at the Palo Alto courthouse, accepting misdemeanor counts of assault under color of authority and lying on a police report.
Also, Benitez was ordered by Santa Clara County Superior Court Judge Brian Buckelew to complete 750 hours of community service and undergo anger management and LGBTQ sensitivity training.
“When someone with a badge breaks the law, it cracks the confidence that people have in law enforcement,” District Attorney Jeff Rosen said in a statement. “That is not just unfortunate. It is unacceptable. No one is above the law.”
The former sergeant was a public face of the Palo Alto Police Department, both as a union leader and a public information officer during his two decades with the agency.
Because his convictions are misdemeanors, Benitez, who retired amid the fallout, will not lose his police pension, according to the Mercury News.
Wayne Benitez, an ex-Palo Alto police officer, has entered a guilty plea for abusing a gay man in Silicon Valley.
Benitez pleaded guilty on Tuesday to excessive force related to the 2018 arrest of Gustavo Alvarez, who identifies as gay, according to The Mercury News. Photo: YouTube sceenshot from The Mercury News.
Trial proceedings for the excessive force counts were scheduled to begin Monday. The case had been rescheduled several times since they were first filed in October 2020 due to COVID-19 driven court shutdowns and restrictions.
“I’m glad the case has finally been resolved,” prosecutor Jason Malinsky, a deputy district attorney in his office’s Public and Law Enforcement Integrity Unit, told the Mercury News. “Wayne Benitez tarnished the badge and tarnished (the department’s) reputation.”
The incident took place at the Buena Vista Mobile Home Park on Feb. 17, 2018. The case gained notable attention after the release of a security video showing Alvarez, who was handcuffed, being slammed face-first into a car windshield by Benetiz, contradicting the officers’ report and indicating Alvarez wasn’t resisting arrest.
Benitez claimed the only force he used was pulling Alvarez out of the residence
A body-worn microphone captured Benitez saying, “See how quickly they behave once we put our foot down,” and telling another officer, “And that’s what we don’t do enough of.”
The video also showed Benitez berating Alvarez with, “You think you’re a tough guy?”
When Alvarez complained that he was bleeding, Benitez replied, “You’re going to be bleeding a whole lot more.”
The charges initially levied against Alvarez, including driving under the influence and resisting arrest, were later dropped by prosecutors.
Alvarez’s attorney, Cody Salfen, said he and his client had a “bittersweet” reaction to Benitez’s plea, according to the Mercury News.
“At the end of the day, I’m glad some responsibility was assumed,” Salfen told the publication.. “But there’s no amount of criminal punishment that can erase what happened to Mr. Alvarez.”
