1. improper lane change, because there were construction cones and other issues in place at the location, making the proper place to pull over very confusing;
2. failure to carry mandatory state insurance, which is just completely false, but at least that's easy enough to prove;
3. driving while abilities impaired, because while the officer did not request a breathalyzer and did not obtain a blood test, he noted Cenobio's bloodshot eyes at 3:30a.m., his failure to engage in "smooth pursuit" of an object with his eyes (due to neurological issues, first observed when he was about 4 years of age), and his failure to do a field sobriety test that was impossible for Cenobio to do because he has a "trick knee" that pops out of joint; and later....
4. assault on a peace officer, because Cenobio was trying to protect himself from a physically aggressive move committed on him by another peace officer.
Cenobio was sober and did not have anything in his car giving rise to a charge for possession, but that did not matter. He was arrested and taken to jail.
To explain the assault, following his arrest, Cenobio politely requested on several occasions to be able to make a call to ensure the well-being of his beloved little dog, since he would be stuck in jail over the weekend, but the law enforcement officers just ignored him. So, he asked a bit louder. Finally, apparently irritated with Cenobio for being loud in trying to protect his dog, an officer came to let him out of his cell. Cenobio believed he was being being allowed to make that call, but instead, the officer just placed a flat hand against his back and forcefully “shoved” him into a different cell. Cenobio responded twisting his shoulders around to protect himself, afraid his trick knee would pop out of joint. He was then subject to verbal abuse by the officers (including a number of curse words), charged with felony assault against a peace officer, and shackled and taken upstairs to stay all weekend in a cell next to an inmate who urinated and defecated on himself (some of which ran into Cenobio's cell) and he was to remain there, still worried about his dog.
Cenobio has been a student and does not have money in savings to hire an attorney. Moreover, he lost his job due to this case. So, he obtained a public defender. He has never before faced a criminal charge and did not realize the PD's office would be too stacked up to provide meaningful help. He requested a hearing on his driver's license, and was simply told to just stay by the phone the day of the hearing. After faithfully remaining glued to his phone all that day, he called the department to find out why they hadn't called him. He was told that he was supposed to initiate the call, that it was now too late, and that his license was revoked. He would have to file an appeal. To be honest, another person might have figured out on their own that they needed to initiate the call, even if misinformed, but due to the neurological issues, Cenobio suffers from some disorganization and had simply trusted what he was told.
I am very concerned for Cenobio that everything has gone wrong for completely unfair reasons. In fact, not only is he innocent of the charges against him other than speeding and perhaps improper lane change, but he has been steadfastly focused on establishing his value as a person through getting a college degree and a good job. If he is convicted of felony assault, his license to be able to pursue his career will be denied him. Due to his neurological and neuro-immue issues, he is not a good candidate for jail time. He would be deprived of the kind of medical care he specifically needs and he would either starve or be fed a diet that would aggravate his symptoms. As part of his neurological issues, he has neurotransmitter problems that lead to mood issues. This could be absolutely miserable in jail without access to the right kind of care or right foods.
PLEASE HELP by contributing to our fund to pay the expense of getting him a private attorney who will understand and provide him with the genuine help he needs! WE NEED MONEY BY THIS FRIDAY, OCTOBER 13! We will be very happy to give back! Thank you!
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