The Antelope Valley Times

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Man convicted in AV Hospital scuffle

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LANCASTER – The man beaten by sheriff’s deputies outside of Antelope Valley Hospital nearly two years ago has been convicted of four felonies and two misdemeanors in connection with the incident.

After two weeks of detailed testimony and studying hospital surveillance footage of the incident (video above), an Antelope Valley jury found Marco Chiclana guilty of two counts of battery with injury on a peace officer and two counts of resisting an executive officer. Chiclana was also found guilty of the misdemeanor charge of resisting, obstructing or delaying a peace officer. Additionally, the jury rejected an attempted mayhem charge and convicted Chiclana of a lesser misdemeanor battery charge.

Chiclana’s convictions stem from an altercation in front of Antelope Valley Hospital on April 2, 2011. Chiclana’s family had called deputies to the hospital for assistance because Chiclana’s father was disoriented after surgery and trying to leave the hospital against medical advice. When deputies responded, Chiclana ended up in a fight with several deputies in the parking lot. (Read more here.) The incident was captured by the hospital’s surveillance camera.

That video was the central piece of evidence in the case, and it was shown repeatedly throughout Chiclana’s trial.

Chiclana says he sustained these injuries after an altercation with deputies in front of AV Hospital.
Chiclana’s defense attorney showed pictures of his client’s battered face to the jury, and said the injuries were sustained in the altercation.

Defense attorney Kris McFarren argued that the video showed a desperate man trying to save himself from a beat down that was started when a deputy threw the first punch. During closing statements, McFarren showed pictures of Chiclana’s badly battered face next to the unmarked faces of the deputies involved in the altercation and told jurors that his client had not been the same since the incident. Chiclana cannot see well enough to drive, his left eye drifts, he has memory problems, and he’s become paranoid, McFarren explained.

But prosecutor Jason Quirino argued that the video shows Chiclana “swinging, struggling, battling and resisting” deputies who were in the lawful performance of their duties.

“Mr. Chiclana resisted violently and it required a lot of force… it doesn’t mean it was excessive” Quirino told the jury.

During closing statements, Quirino urged the jury to remove their bias, sympathy and pity and to instead focus on the facts.

The jury began deliberations late Thursday afternoon (March 7). By Monday afternoon, the jury had returned the partial verdict, finding Chiclana guilty of six of the seven counts. The jury returned Tuesday to deliberate the remaining assault with a deadly weapon on a peace officer charge. By Tuesday afternoon, the jury was still deadlocked, so the court declared a mistrial on the remaining count and discharged the jury. A pretrial for the remaining count and a sentencing date was set for March 21.

A request for Chiclana to remain free on bond, with conditions, was denied. Chiclana was jailed without bail while he awaits sentencing.

Related stories:

Opening statements in trial over AV Hospital scuffle

Jury selected in trial over AV Hospital scuffle

Criminal case dropped against mother in AV Hospital scuffle

Families file excessive-force claims against Sheriff’s Department

Prosecutors: No second video in hospital beating case

Man sues Sheriff’s Dept. over hospital beat down

Filed Under: Crime/ Safety

87 comments for "Man convicted in AV Hospital scuffle"

  1. It is sad that people have nothing nice to say about the police/sheriffs. They go to work every day not knowing what they will run into, or even if they will make it home to their children. They risk their lives on a daily basis and get very little reward. Just a thought, follow the law.

    • Otto sorry to inform you true. We may have not have been there but we do live in the av and c’mon some of these deputies are @sses and they will abuse their authority just because they are deputies it’s okay to do ppl any kinda way cause they won’t be brought to justice for the abuse they do little justice. Equals no justice!!!!!

      • Funny…neither I, nor my family members or friends have been abused by deputies. Just a shot in the dark here, but I’m thinking that it’s because we obey their commands and don’t fight with them. Call me crazy.

      • No Justice No Peace! Guess we will be having some kinda march through the AV streets, right Valerie? Did ya call the ACLU or other racist groups for your march? Cops are bad blah blah blah…..

    • We’re all “bleeding hearts” if we see something wrong and believe our own eyes? I don’t think so!

      • You didn’t see everything. The jury did, and ruled accordingly. Too bad for all bleeding hearts out there. Good for us law abiding citizens.

      • If he wasn’t guilty, we wouldn’t have found him guilty. End of story. Sorry for the man, but he made some really bad decisions that day.

  3. I’m more in shock at how quickly 20 deputies got to the scene. Where’s the record books for fastest backup time.

    • Hey…when the “deputy needs assistance” call comes out, you don’t sit there and pick your nose.

      • and when a “citizen needs assistance” they all sit and pick their noses? Thanks for the explanation on why it takes so long to get a response.

        • So hateful, Gladys. was it that parking ticket you got, but didn’t deserve? Or, was it the 911 barking dog call you made and the deputies didn’t respond Code 3?

          • Not hateful SD.

            I actually appreciate most of the things law enforcement does in their effort to fight crime and catch people AFTER they have committed a crime.

            To answer your question, Neither. No barking dog complaints, and never even a parking ticket.

            It was how the cops beat up a desperate son pleading for the cops to step in and take the keys from his father so he wouldn’t kill himself or possibly someone else if he drove away from the hospital.

            I can see clearly now….

        • Or when you call the “non-emergency” line to report off-road vehicles i.e. mini-bikes and ATVs driving on your street and sidewalks for hours and hours. They tell you, “They have to see it (If they would’ve driven by they could’ve seen it.) to do anything about it, or they’re too busy”. Granted, not “big stuff”. But if you don’t get a handle on the little things, you’ll never get a handle on the “big stuff”.

  4. Mr. Chiclana had a public defender, not a private defense attorney. Regardless of where his defense attorney came from, the facts of the case would not have changed. Understand you who rant without facts about the jury in this case, we all came from different walks of life and did not have a common agenda except to follow the law without prejudice. That was our one and only duty. The logic of that duty does not allow sympathetic emotions to sway our findings – that would be against the law. I, and many others, would have preferred for Mr. Chiclana and all involved to have just shook hands and everyone go home. Our emotional preference is not the law. We were sworn to uphold the law. All of us. It was not easy. I did not see you people who are typing away on this site in the courtroom. You were not there for voir dire, you were not there for testimony X 2 weeks, you were not there for jury instructions from the judge. Strong opinions from so many with no accurate information. I, once again, tell Mr. Chiclana he is in my prayers.

    • The “law” that says deputies can play thugs? And you backed that law? Don’t know how you can sleep at night. This has been a real eye opener. Guess we’re all better off to never call 911. For anything. Ever!

    • HMMM NO ACCURATE INFORMATION YEA THATS RIGHT CAUSE THE COPS LIED but you all were to blind to see that i guess

  5. Woe Be Gone – Pretty much sums up my feelings about the outcome of the Marco Chiclana trial. Our not so “Mr. Roger’s Neighborhood” deteriates a little more into the rehlm of no return when injustice is handed down erroneously. Makes one question: What exactly is just? Reprisal and/or retribution? Where are the true King Solomons’ when you need them?

  6. Marco was convicted by a jury who’s makeup were relatives of police officers. Not 1 person on that jury was not related to cop. I know Marco and he’s a large kid who is anything but violent. He has never been in any trouble with the cops, he’s just not that kind of guy. For the redneck trailer trash posting and making this a racial thing, take your KKK attitudes and move to Alabama. And oh, I’m a white 68 year old male.

    • Where do you get your information that the whole jury was related to police officers? If that was the case then why wouldn’t the defense discharge them? You can not tell me that every potential was related to a cop. The defense has to approve the jurors as well

      • I am one of the jurors for this trial. Most of us were NOT related to any police officers. After two weeks of testimony, we all held to expert testimony on police conduct, laws of the state of California, facts in evidence, and weight given to the testimony of witnesses. The deliberation was performed by the laws instructed by presiding Judge Lisa Chung. We had to follow the law. That is what we did. The burden was not an easy one to bear. Post-deliberations, I wish to convey to Mr. Chiclana he is in my prayers.

        • “Most of us”??? Sweet Jesus, the judge ALLOWED deputy relatives on the jury? No wonder this turned into such a travesty of justice. Damn. Only in the AV!

        • you were all bias and put a INNOCENT MAN IN JAIL whats wrong with you people dont you know what the constitution and amend rights say if not you better start reading you are wrong and convicted and tore a mans life upside down cause he was beaten almost to death by these cops so i really hope you all are proud of yourselves cause you just gave them all more permission to keep doing this to many other INNOCENT PEOPLE what the hell were you guys thinking he never had a chance to defend himself whatsoever they have done this before to more than several other innocent people already and another after god forgive me but i sure hope you never have to call 911 and ask for help and you get the same treatment as he did i hope you can sleep well cause his family sure cant cause you convicted a INNOCENT MAN just cause he called 911 for help and that cop would not listen to anyone that was telling him it was the man INSIDE THE CAR this man was a VICTIM TWICE ONCE BY HIS FATHER THEN ALMOST KILLED BY THEM AND THEN YOU ALL HAPPILY FINISHED IT OFF WOW DONT YOU FEEL SO PROUD NOW

  7. i have watched this video over and over again the jury was bias from the start they wrongly convicted a innocent man for those of you one day you will call for help and you will prob get beat up or shot to death and they will claim oh this person had a gun or a weapon then oh guess what NO WEAPON found this man and his family called for help and he gets beaten almost to death its like a kelly thomas, rodney king beating all over again and this is justice ?? NOT no one deserves this at all wrong or right these same cops have done this before and will keep doing it over and over so how many people will get beaten or killed before this system wakes up and does something about this corrupted system in this valley just wait till one of these jury members have to call for help they need to watch thier backs cause they may get the same beating or worse by these same cops or different ones that goes for any innocent person wake the heck up av residents if you call for HELP or get stopped video record everything and let the cop know you are recording it we have constitutional and amendment rights and this man rights were all VIOLATED per the deputy da in orange county said on the news to everyone every citizen we all have a right to self defend outselves no matter who it is even a cop if a cop hits you for no reason the person has a right to self defend as this man never had a chance to defend him self he was beaten almost to death so now that the cops get away with another beating they will continue to keep doing it dont forget our tax money pays thier salaries they are to work for the american people they are not god they do not have this right to go around beating on us american people we all have rights look it up in the constitution and amendment rights of law

  8. Let’s Face it People Everyone has there opinions the ones that are usually against the cops are the dumb criminals that get caught and busted and the ones for are upstanding citizens in the community. Police/Sheriff deal with assholes all day long, people with no respect for themselves or anyone around them. officers have to live on the defensive side or they get killed. all of you that complain about them are the same ones that would complain if they did not act on an incident you were involved in. It is a double edge Sword, I do not always agree with some of the tactics officers use but the determination has to be was it warranted, In most cases it is. These men and women of all race’s main objective is to make it home to their families at E.O.W. With the influx of lower income people being forced out of the “Projects” in Los Angeles the only place to go is the desert. This brings more violent crime (Read the paper it is already here) that will cause all of the people on this site and the community to closely watch their backs just going to the store. Wake up people we want these guys keeping these streets safe and the one way to do that is set the tone we are not going to take your BS so keep going.

    • What exactly does your rant have to do with a married father of two with NO CRIMINAL RECORD calling the deputies to the hospital for assistance and then having the living daylights beat out of him by those same deputies sworn to protect and serve???!!! Because the deputies decided to use Marco for a punching bag, that makes him a criminal now?? UNBELIEVABLE!! Your screen name says it call. That’s some real CRAZY STUFF!!!!

        • Thanks for making my point. More simpleton logic. Better yet, let’s hold our public servants accountable? WOW What a concept? Save on moving fees. (And say what, I’m assuming you’re all for those criminal LEOs?)

    • I agree with everything you have said. Just cause he has no criminal record doesnt mean he has never engaged in criminal activity. This time he ended up getting caught!

      • WTF!!! MELISSA. WHAT THE HELL ARE YOU TALKING ABOUT? Guess Melissa is just another criminal that hasn’t been caught yet……………

        • Really? He finally got caught trying to save his father after open heart surgery. Guess we can all be grateful this caring son is off the streets. Who knows, he might of tried to help your dad some day. Thank God that won’t happen now that these brave, armed sheriffs are on the scene, whopping ass and getting away with it. There is NO justice in the AV!

          • PALEEEZ, it’s all about machismo. He was ‘dissed’ in front of family members, became combative and got thumped. End of story.

      • We can only SEE the video .. we can not hear what was said and what was going on. Simple is simple .. if he had just complied with the officer this would not have happened. The guy was all up in the officers face standing really close, my guess is the officer asked him to take a step back and the guy started acting like a fool. Maybe he didnt have a weapon, but how is the officer supposed to know that, if the guy was acting like a fool the officer had to protect himself because he was clearly out numbered at that moment.

  9. Why did the sheriff choose violence, that is not the way to defuse the situation!!! I could have handled this without running a family and sending someone to jail and destroying they’re life. The sheriff s dept needs to reevaluate there training and stop needlessly beating up citizens.

      • Sorry, i could not have done a worse job, my dog could have done a better job. Is this the way you would handle this? The video makes a pretty clear point, if they cannot get revenue out of you they will beat you.

      • I sure wouldn’t be beating up young men who are pleading with me to help stop his father from driving while his health was in jeapardy and his competence in question. I’d be curious to know if language was an obstacle.
        Thanks for your understanding Mr. Robocop.

    • How do those numbers correlate with the prison population? Yes you do need to say more, what’s your point?

    • Where do you get that statistic? Did you just make it up? because that’s not what the U.S. Census Bureau and State Dept. of Finance stats say

      LANCASTER CITY/QUARTZ HILL CDP
      STATISTICAL AREA (93534, 93536, 93535)
      Total Population…………….167,487
      White/Caucasian……………..85,952
      Black/Afr.American…………..32,823
      American Indian/AK Native…….1,661
      Asian/Pac.Islander…………..7,503
      “some other race”……………30,672
      Two or more races……………8,876
      Hispanic Origin
      (may be of any race)…………38% of tot.pop.
      Asian/Pac.Islander

  11. Coruption in the A.V. start in the streets, and end in the court room. This guy didn’t get a fair shake.

  12. Sad part is one of the Deputies has been involved in at least one other cases of a “beat down” of another Hispanic family. The other family had a better jury and faired much better. I bet it wasn’t allowed into evidence that this main Deputy has “overacted” before and has a reputation of being violent on the street towards citizens with no criminal records or reasons to fight back, I heard the tape was slowed down and it was argued the citizen made a movement toward and officer with an elbow. Not sure how someone who was beaten so violently can be the only one at fault. From what I see the deputies overstepped their grounds even if they had a reason to use force. If you or I used the amount of force the Deputies used in retaliation we would be prosecuted. Looking at the tape they still crossed the line and should be punished as well or retrained at minimum

  13. When something like this occurs, then need to do a drug test, to see if the officer is on Steroids, Alcohol, or whatever.

  14. That’s. Rt. Letlow the sheriff’s are very raciast against minorities that’s justice for them but injustice for us I was beat up by palmdale. Sheriffs they broke my leg and threatened to shoot me in front of my kids telling my kids they going to kill they mom…smmfh

    • @Valerie, they are not just prejudice against minorities. They are prejudice against non police, non police friends and family. So if you are not related, by blood, uniform, church or gym membership, look the f out!
      This beat down is a perfect example of what CAN happen when you call the police for HELP.
      smfh

      • Here we go with Gladys and her generalizations. You believe that all 10 thousand Sheriff deputies are all the same. You sit there and judge them yet they deal with situations you pretend don’t exist. Valarie, I would love to read the report regarding your incident. Something tells me there is more to it.

        • @Thomas,
          I know there are a few good men on the force.
          People who are in law enforcement for the right reasons. I am NOT referring to ALL 10,000 members (your number).
          I am talking about the COWBOYS IN UNIFORM, here in the AV.

          • I think many of the “good cops” transfer out as soon as they can, because they don’t want to deal with the politics on the force here in the AV.

        • Well thomas lol…a report on me gosh no boo boo they had the wrong house and I didn’t know the person they were looking for it was a d.a reject but I got paid graciously courtesy of palmdale sheriff’s. Dept they human they make mistakes also

    • I agree. Where is the League of United Latin American Citizens (LULAC)? They need to organize an appeal for this poor guy. Bad enough he was pulverized and put in the hospital. Now he’s being locked up, and all because he called the cops for some help??? It’s just too much!!

        • What evidence? The video is there for all to see, no matter how you want to spin it and call it evidence.

          • Letlow, he was convicted by a jury of his peers. He had a private defense attorney. The video shows the event thus it is evidence of what occurred. Couple that with all parties testimony you get a body of evidence. That led to his conviction! Just be honest and say you believe the defense over the cops! In doing so though realize that a group of people with more info than you said he was guilty. So maybe it is you who is spinning….

          • @Really

            A similar group of people with all the evidence also said OJ Simpson was NOT GUILTY. Do you believe them? I sure as hell don’t! Just like I don’t agree with this verdict. Sometimes juries get it wrong, and Simpson and Chiclana cases are prime examples. No spinning here. As far as Marco Chiclana is concerned, I believe my own two eyes in watching the video!

          • If the video says it all the jury convicted him after viewing the video. Narrow minded people like you should never sit on a jury.

          • I agree really, his was tried and convicted by jurors chosen by not only by the DA but also from his hired attorney. They must of felt his was guilty by the evidence presented. But I see there are haters here because of past issues with law enforcment or playin the race card.

          • If you want a legal decision ask for a trial by the court. If you want an emotional decision ask for a jury. This defense attorney made the wrong decision.