Item 36 - Discuss and Consider City Apology to the Family of Edgar Vargas

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CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M-31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report DATE November 19, 2024 TOPIC City Apology to the Family of Edgar Vargas, a Santa Ana resident and victim of a crime committed by a Santa Ana Police Officer in 2014. This crime led to Vargas wrongfully being transferred to Immigration and Customs Enforcement (ICE) after being falsely accused of assaulting a police officer. COUNCILMEMBER-REQUESTED ITEM TITLE Discussion and consideration of directing the City Manager, City Attorney, and City Clerk to draft a resolution issuing a formal apology to the family of Edgar Vargas. Vargas, an undocumented young man, was the victim of police misconduct in 2014, which resulted in his wrongful transfer to ICE. DISCUSSION On June 19, 2014, a now-retired Santa Ana Police Department (SAPD) officer, Brian Patric Booker, along with other officers, arrested then 27-year-old Edgar Vargas-Arzate. Surveillance footage from the incident shows Vargas-Arzate complying with the officers' orders, raising his hands, kneeling, and lying prone. Despite his compliance, multiple officers can be seen repeatedly punching him, striking him with a baton, and using a Taser. The footage, released to the public, attracted national attention, as it clearly showed Vargas cooperating before being subjected to excessive force. The police officers involved claimed that Vargas attacked them during their response to a burglary call in the central part of Santa Ana. As a result, the District Attorney's office charged Vargas with several felonies, including battery on a peace officer, resisting arrest, and other crimes. In August of 2014, while on his way to defend himself in court, Vargas was arrested by ICE agents. He was later charged with attempted burglary. Vargas subsequently sued the City of Santa Ana and Officer Booker, with the case being settled in July 2016. In 2018, Officer Booker retired after 19 years of service. He was later indicted by federal prosecutors for using unreasonable force during the 2014 arrest and for lying about his actions. Booker falsely claimed he punched Vargas in self-defense, alleging that he believed Vargas was about to tackle him and potentially seize his gun. The charges were the result of an FBI investigation, which determined that one or more Santa Ana