HomeMy WebLinkAboutItem 36 - Discuss and Consider City Apology to the Family of Edgar VargasCITY 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
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officers committed felony assault during the incident. The FBI’s certification of
“Felonious Assault” on October 21, 2016, enabled Vargas to apply for a U-visa,
reserved for crime victims who cooperate with law enforcement.
Photographs taken days after the incident revealed that Vargas suffered injuries to his
head, arms, legs, and torso, including bruises, abrasions, and cuts. The FBI document
affirmed the extent of Vargas’ injuries and labeled him a victim of criminal activity.
This case was pivotal for Santa Ana, reflecting longstanding concerns from residents
regarding police brutality and collaboration between the SAPD and ICE. It was one of
the catalysts that led city leaders to declare Santa Ana a sanctuary city and to advocate
for stronger police accountability.
Sadly, Edgar Vargas passed away on the 18th of June of 2022, never fully recovering
from the trauma inflicted upon him. His family endured six years of hardship as they
sought justice for him. While the harm caused to Vargas and his family cannot be
undone, the City can, at the very least, issue a formal apology for the injustice they
suffered.
I propose that the City Council direct the City Manager, City Attorney, and City Clerk to
bring forth a resolution issuing a formal apology to the family of Edgar Vargas. This
apology would acknowledge the city’s unjust treatment of its immigrant community and
highlight the progress Santa Ana has made toward accountability and belonging for all
residents.
SUBMITTED BY
Councilmember Benjamin Vazquez