June 15, 2007
VISTA – A California Highway Patrol officer pleaded guilty to misdemeanor charges in Vista Superior Court yesterday for pushing a man in handcuffs to the ground and manhandling him.
Brian David Kennedy faces up to 60 days in jail and an unspecified term of probation under a plea agreement approved by Judge Aaron Katz, said Paul Levikow, a spokesman for the District Attorney's Office. The judge set a sentencing hearing for July 25.
Kennedy, 44, pleaded guilty to misdemeanor charges of assault under color of authority and filing a false report, Levikow said.
In exchange for the plea, Deputy District Attorney Robert Kearney agreed to dismiss a misdemeanor battery charge and reduce what had been felony charges against Kennedy to misdemeanors, Levikow said.
Kennedy, who was on administrative leave with pay while his case was pending, agreed to resign from the CHP as part of his plea agreement.
A 16-year CHP veteran, Kennedy was working overtime on the Fourth of July holiday in 2006 when he arrested Andrew Chase, 23, of Encinitas on suspicion of driving under the influence.
Kennedy drove Chase to the Vista jail, where the two men exchanged words outside the patrol car. Kennedy pushed Chase to the ground while Chase's hands were handcuffed behind his back. He then lifted Chase and forcibly placed him on a nearby bench. The incident was recorded by a video camera at the jail.
Defense attorney Lawrence Frankel has characterized Kennedy as a good officer who had a momentary lapse in judgment.
Comment