ROBERT BRANCH, WHO VIDEOTAPED CHOKEHOLD AND FILED SUIT AGAINST SHERIFF'S DEPARTMENT, IS ACQUITTED ON ALL CHARGES

By Miriam Raftery

June 24, 2017 (San Diego) – Robert Branch, a security officer charged with criminal offenses after he filed a civil rights lawsuit against the San Diego Sheriff’s Department alleging excessive use of force has been acquitted of all charges.  Branch’s evidence included a cell phone video he took as off-duty Sheriff’s detective Paul Ward choked him into unconsciousness in Del Cerro.

Branch, who is African-American, has said Ward swerved to block him from passing on an onramp, forcing him onto the shoulder, then pursued him for 10 miles before Branch pulled off I-8 in Del Cerro, where the confrontation occurred. Ward claimed Branch passed him on I-8 and nearly struck his vehicle.

Ward, who has since retired, was a child abuse investigator who was off duty at the time. Why he did not call San Diego Police, as protocol would have required if he’d felt threatened, instead of pursuing Branch and attempting to restrain him on his own is just one disturbing detail in the case.  

On the videotape, Branch can repeatedly be heard stating Ward had no right to touch or detain him since Ward was in an unmarked vehicle and had no lights or sirens, and Branch claimed he was not shown any I.D.

Ward claimed he showed I.D. and feared Branch might have a gun, since he was wearing a tactical vest due to Branch’s work as a security guard.  The videotape provides proof of Branch repeatedly saying he was being assaulting and asking a bystander to call police.  Ward choked Branch into unconsciousness briefly as the cell phone drops to the ground.  Ward claims Branch, recovering briefly, pointed pepper spray at the off-duty officer but did not use it.

Branch was initially charged with resisting arrest. After he filed a civil rights lawsuit against the Sheriff’s Department alleging excessive use of force by Ward, who is white, more charges were filed against Branch for reckless driving and trying to pepper spray an officer.  He was acquitted on all charges Friday.

Rev. Shane Harris with the National Action Network tweeted Friday, “Robert is not guilty on all counts and will proceed to the civil case.”

Ward had a history of violent and hostile behavior, the San Diego Reader has reported.  A fellow detective reported Ward for violent rages in the past, claiming Ward committed battery against him.  The detective told Internal Affairs that Ward had been erratic and hostile, and warned that Ward was a “loose cannon” who was going to hurt someone, the Reader reported.

Rev. Harris has previously suggested that the charges against Branch were racially motivated, stating in January 2017, “Bonnie Dumanis has continued to criminalize black and brown communities of color.” 

The civil rights leader has further stated that "this case will define how San Diego County views deadly excessive force."