LOS ANGELES – Two ex-Los Angeles County sheriff’s deputies were sentenced Monday to federal prison for falsifying reports documenting the beating of a handcuffed, mentally ill jail inmate.
Joey Aguiar must serve 18 months behind bars and Mariano Ramirez was handed a 13-month term for lying about the 2009 beating of then-inmate Bret Phillips.
Both men must also serve three years of supervised release, including 100 hours of community service, and surrender to a prison facility on Aug. 1.
Aguiar and Ramirez were found guilty in February of the obstruction of justice charge, but jurors deadlocked on whether the deputies used excessive force. The ex-lawmen were acquitted of conspiring to violate Phillips’ civil rights.
“They lied about what happened because it was excessive, it was brutal,” Assistant U.S. Attorney Jennifer Williams told the court.
Aguiar and Ramirez were charged in a four-count indictment with kicking the handcuffed Phillips in the head and upper body, striking him with a flashlight, pepper-spraying him in the face and then hiding their actions in reports.
The Feb. 11, 2009, encounter at the Men’s Central Jail was witnessed by a jail chaplain and an inmate, both of whom testified during the 10-day trial in downtown Los Angeles.
According to the sheriff’s department, both men were relieved of duty in February of 2014, but they are still with the department, pending the completion of an internal investigation.
Defense attorneys argued for probationary sentences, but U.S. District Judge Beverly Reid O’Connell said that incarceration was necessary because the defendants held “positions of trust with the public” and the false reports could have caused Phillips to be falsely prosecuted for a felony assault charge.
The judge said that while jails can be dangerous places for both inmates and guards, “we, the people” trust law enforcement officers to “safeguard prisoners” and tell the truth in official filings.
Prosecution witnesses testified that the jail guards set upon Phillips in a gang-style beat-down as retribution for showing disrespect earlier in the day. Defense lawyers countered that Phillips was combative and threatening, and the deputies did only what was legally required to gain control of an unruly inmate.
But jurors could not agree if the defendants used excessive force in the encounter, with 10 panelists voting to convict on that count.
Evan A. Jenness, Aguiar’s attorney, said her client — who turned 29 today — was a rookie jail guard when the incident took place seven years ago and had suffered consequences enough without having to go to prison.
“The conviction is an extraordinary punishment,” Jenness said, adding that Aguiar now has limited employment prospects, had forfeited 20 percent of his sheriff’s pension and faces a lawsuit brought by attorney Gloria Allred on behalf of Phillips.
The judge said she had struggled with the appropriate punishment in the case.
“You were a relatively young man,” O’Connell said to Aguiar. “I just don’t know where the wheels went off.”
Referring to the underlying brutality charge, the judge said she believed the force used against Phillips was “excessive” and a 1 1/2-year federal prison sentence for Aguiar was appropriate.
Ramirez’s attorney, Vicki Podberesky, said her client was a man of integrity who had risen from difficult circumstances to become a deputy who coached needy children and supported his family — and did not deserve to be incarcerated.
As relatives wept, Ramirez pleaded with the court not to send him away.
“There’s not a day goes by that I don’t think about the events,” the former lawman said. “I feel I have let many people down. I hope that you will allow me some leniency.”
However, O’Connell said “the public expects more” from its police, and that the force used by Ramirez against Phillips was excessive.
“Our whole system relies on the fact that police officers swear to uphold the law,” the judge said in sentencing Ramirez to a year and a month behind bars.
O’Connell told defense attorneys that she would recommend a prison “camp” facility for the defendants and would allow the men to choose how to fulfill their requirement of 100 hours of community service each.
Aguiar and Ramirez were among 21 current and former sheriff’s officials to be tried by federal authorities in connection with the FBI’s multi-year investigation into brutality and other misconduct in the sheriff’s department.
The probe reached the sheriff’s department’s highest offices. Ex-Sheriff Lee Baca pleaded guilty in February to a charge of lying to investigators and is awaiting a hearing in which a federal judge will consider signing off on a plea deal that would result in a prison sentence of no more than six months.
Baca’s former second-in-command, Paul Tanaka, was convicted of conspiracy to obstruct justice and obstruction of justice. The former undersheriff’s sentencing is set for June 20.
O’Connell said she was “troubled” by the government’s disparity in sentencing recommendations that could lead to Baca receiving relatively little time behind bars, if any.
The nearly two-hour hearing Monday began with O’Connell blasting prosecutors for the “hubris” of filing pre-sentencing papers past deadline, prompting apologies from Williams.
“I am appalled at how your office operates,” the judge said. “Apologies only get you so far.”
Previous related stories:
Prosecutors agree to dismiss excessive force charge against LASD deputies
Deputies acquitted of civil rights violations, guilty of filing false reports
Jury deliberations start in trial of deputies accused of assaulting inmate
Closing arguments begin in trial of deputies accused of assaulting inmate
Witness testifies to seeing jail guards beat handcuffed inmate
Ex-inmate tells jury of being left bloody and unconscious by jail guards
Chaplain tells L.A. jury of seeing jail guards punching ‘unconscious’ inmate
Ex-sheriff’s deputies go on trial for alleged inmate assault
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Gregory Hernandez LLA says
NOW you see the real face of so called “law enforcement”. and that face is getting closer to you and the fear you feel is how everyone feels when walking the street minding their own business. you who said nothing choosing to blame us for being black or brown. it is my hope that each and everyone of you get a taste. so that together we can go forward and fix what has been broken for so long, IF its not too late.
toofunny says
They are not the face of law enforcement. Plenty of great officers out there, your statement is hilarious and what is really funny is the two officers are I quote you Gregory “brown”….(Aguiar and Ramirez)
Tim Scott says
Where are these “great” officers? This fish is dead and stinking from the head down. Baca, Tanaka, these two losers, any number of incidents over the past few years that only came to light because of overwhelming evidence supplied from outside the department; there is no interest among our local “law enforcement” in enforcing the law when it is “one of their own” that is breaking it. Or do you think all this stuff goes on right under the noses of these “great” officers and they “just don’t know it”?
toofunny says
[removed]
They are out there, plenty of, sons, daughters, husbands and wives who work hard and put their lives in danger everyday. You have a hard on for LEO’s we get it. I do not know what happened to you that turned you into a hate filled person.
You are a “man” of the world; you claim…ex military, ex business “man”, genius. Your thinking is bit twisted by lumping everyone together in one pot and saying they are all bad people, wish them death in an accident, etc. etc.
I can already see the rude reply from you.
Cleo Watts Jr says
Hmmmm.. let me look around for some. Oh wait…. here are a few:
https://www.theavtimes.com/2016/05/12/driver-rescued-from-burning-car-in-palmdale/
Funny thing. I guarantee none of these cops ever supported Baca or Tanaka (left that for the Timmy’s and Egberts and libs of the world). And, this incident “only came to light because of overwhelming evidence supplied from outside the department” aka, the freelance photographer on scene. This kind of stuff happens on a regular basis all over the country but it rarely makes the news.
Once again, Timmy inserts foot in mouth!
Nacho Momma says
BOOM! How did that shoe taste Tim?
Tim Scott says
LOL…pulled a guy out of a burning car. GOOD! Doesn’t make them good cops. I assume that even a jerk like you would do the same.
Meanwhile, badge licker…instead of blaming me for Baca and Tanaka, which is just plain weird, how about explaining how these guys committed crimes for YEARS while they were surrounded by these “good” cops you keep talking about.
No doubt including you Nacho. While all your brothers in blue are committing these crimes just what law are you enforcing, you sorry piece of government teat sucking filth?
Tim Scott says
I’d assume even you would do the same Trey of Clubs. Doesn’t make you, or them, good cops.
Laughing says
You pointed out four by name, if we add in all of the publically reported incidents it will be up ticked to a couple hundred maybe. Number of officers employed… 18,347
Yes there are some bad ones, some apathetic ones, and many good officers. Perspective.
Tim Scott says
Two of those four rose through the ranks to the very top of the organization. Again, if there are so good “good” why are they not capable of rooting out the bad ones? Or at least capable of having the bad ones wind up in charge?
Because those “good” ones will cheerfully blacklist anyone who was REALLY good and tried to police their own. Bank on it. So the beat goes on, and the bad form the department in their own image.
I met a cop who I genuinely believe when he says he wouldn’t cross the line…but he freely admits that he not only didn’t arrest fellow officers blatantly breaking the law in front of him, he didn’t even report them to their superiors. Dangerous job, gotta have support, blacklist, blah blah blah. I respect him and wouldn’t call him a bad cop, but I wouldn’t call him a good one.
Funny thing is that unlike the sycophants around here that get all worked up defending every badge they might ever have the opportunity to lick, this guy accepted that I was disappointed by that and remains cordial every time I see him.
Shane Falco says
Tim is once again duplicitous in his remarks. He wants good moral cops to turn in bad cops. Then he bad mouths and wishes ill and death on cops he thinks are self righteous and judgmental for standing up against criminals.
Next time anybody has a coworker they suspect of wrongdoing, just walk into your bosses office and demand the employee should be fired just because you say you saw them do something that was illegal or against policy. Let me know how that works.
Bad employees have many ways of keeping their jobs. One way is to claim racism when a deputy or officer of another race points out their wrongdoing.
Departments are so concerned with political correctness that they fear lawsuits so much from certain groups of employees that these bad employees not only keep their jobs but also promote with overt and often even braggadocio threats of lawsuits.
Many deputies realize they can just show up, do their job and know that somewhere down the line the bad cops almost always trip themselves up. The same cops usually don’t hang out with many other cops unless they are family members cut from the same upstanding mindset.
Mikey says
Its funny how tim always has a “I know a cop”story.not only does he know cops, but they “confess”to him.he “met”a cop, wasnt friends with, but this random cop, who tim met confesses all his wrong doing.you tim, have met many cops, only you were on the receiving end.wait for it…….here comes the “you dont know anything about me”speech.
reality check says
I wonder if Timothy’s “friend” is the same one who told him about the “numerous” local deputies we have assigned here due to disciplinary reasons. Still waiting on even one name. It’s been about a year or so now. Crickets.
Tim Scott says
Mikey, if you ever threw off that “don’t talk to strangers except on the internet” thing that your mommy made a rule maybe people would talk to you to. It actually isn’t hard to strike up conversations.
Tim Scott says
Actually Shane, I call you self righteous and judgemental because based on your remarks here you demonstrably are.
Danny says
Bummer need more cops like them
reality check says
Wow, so much comedy here, so little time. LOL at the references to “Michelle’s Crew!” I’m sure Shane can put his 2 cents here to confirm, but I’m guessing you inmate crews don’t give a damn about helping others by fighting fires, you simply want a better living arrangement and be out of your jail cell, so you can hang with the homies more often. @Swamper and “Rainbow”:you’re inmates! You do the grunt work because most of you are uneducated felons! Stop committing crimes, and get a job for more than a month and maybe someone will respect you.
As far as this article: yes, these guys deserve their punishment. While Timmy is getting his jollies that a couple cops are in trouble, we know it eats him up inside knowing the other 99.9% of them are doing their jobs correctly each day. I personally won’t lose any sleep that some jailbird got pushed around in jail probably due to his own behavior. Boohoo. The inmates are running the jails because Timmy and his kin kept re-electing the “progressive sheriff” Baca.
@Egberts:so let us get this straight–you’re now claiming to have been victimized by cops, mayors, city employees, and now firemen??? Anyone else seeing the common denominator here?
Shane Falco says
Much of what you said is correct. Inmate firefighter’s are grunt labor, like the old chain gangs of the past. They are given a chance to find some self respect and better themselves with extra priveleges and better food. For most, it’s one of the best things they will ever do in their lives.
Some, like swamper, get bent out of shape because they are doing grunt work, manual labor that requires very low skill and the ability to use a shovel, Pulaski or McLeod. They think they do all the work, but in reality you can’t have these inmates doing structure protection in and around people’s homes, that’s what the paid sworn guys are for.
Most inmates go back to drugs, gangs and criminal life but they can’t say they weren’t given an opportunity to see what it’s like to be part of a team.
Mt.GleasonSgt says
Unlike you Falco, Michelle Egberts gives second chances just like Ted Hall and Arnie Quiones did for Mount Gleason. They gave their lives and Michelle’s crew came in to get us out after Ted and Arnie cleared the way.
Shane Falco says
I’m all for second chances. The issue is that by the time somebody reaches prison and qualifies for the minimum amount of time for the PRIVELEGE to work on a camp crew, they’ve blown through 4, 5 or 6 chances…and that’s just for the time that they’re actually caught. With diversion, probation, first time offender programs and the like, it takes quite a bit to actually end up in prison. It’s more than just “one bad decision”.
Now if they make it to prison and that’s enough to put them on the right path, that’s awesome. So anybody, after multiple chances, arrests, probation and conviction finally cleans up their act? I’m all for it.
IHateAV says
Boo effin’ hoo. Every time a dirty cop gets busted the world becomes a slightly less repulsive place. Enjoy the other side of the bars, scumbags. I’ll sleep good tonight.
Michelle Egberts says
@Shane Falco… What is your defense for these discraced officers?
Shane Falco says
I’ve never defended criminals.
That’s your job.
Michelle Egberts says
@Shane Falco… lets see Station 33 Brown assaulted me on the gurney and I feared for my life and kicked the crap out of him. I know how they hide behind the badge..n pu $$y
Shane Falco says
You throw out stuff like it’s a fact and reality. I’m sure you filed a police report, right?
One thing I do know is that Egberts went to prison for victimizing people and committing a felony for which she was convicted.
That’s a fact.
Tim Scott says
And yet you are so much scummier. Must be having been brought up on the blue wall of silence protection plan. No doubt your dad is proud.
Len says
Where is the mugshot of the convicted criminals? Why show the victim?
Shane Falco says
Well, it wasn’t a Falco or any other Caucasian committing the crime.
Stop lowering the bar to get as many colors and just admit the best applicants. Those are the ones who usually know how hard it was to get in and have some sense of morals and ethics in their upbringing.
Tim Scott says
LOL…like that little paragon of nepotism, the Falco family?
Morals and ethics? In a pig’s arse.
Shane Falco says
Well, Tim once again you show your hypocrisy. As a firefighter I help those in the AV, Santa Clarita and many parts of the county, state and even in other countries. I’ve never committed a crime, and try to live a moral life, and you’ve hoped that myself and family members meet their demise because you don’t like my attitude.
Conversely, when I label the pedophiles, rapists and abusers of women and children that inhabit the AV as sewer sludge, you clutch your pearls in righteous indignation and don’t like me saying anything negative about those that vote like you.
These fired deputies ruined their name, their family and disgraced the uniform. The same uniform many good men have died wearing while protecting the public from the societal sewer sludge. To Tim, now that they are no longer cops, but criminals, they should move up a few notches in his respect for them.
Swamper says
Please Shane, us inmate crews wipe you up. Maybe we should stand down. BTW, don’t diss our former Swamper Michelle Egberts as she has the best interest of all.
Rainbow Camp says
Maybe you Shane and your station crews should take your retirement and push it on out of state. All you did was layed down in base camp. We know who you are.
Shane Falco says
Rainbow…you don’t know who I am. I’ve been doing this longer than you. I’ve been part of air attack, Camp 8 and Camp 9…USAR and teams of good guys long before and after you’ve been committing crime.
Fane Shalco says
Have you applied to be on Tapestry Commission? They’ve got a homophone and anti semite. You’d be a nice fit.
Dauntless says
They’re going to a federal jail…. which is like a boy scout camp. Nothing like a state prison! I’d like to see all of the “cop” criminals busted, prosecuted, convicted and sent to a regular prison, just like regular convicts. They’re going to be doing “country-club” time! To me, they’re the worse of cons, taking advantage of being able to wear a cop’s uniform. There’s so many bad cops nowadays.
Tim Scott says
Hopefully they don’t get out alive.
alex vee says
They got off too easy if you ask me. Let any other citizen commite a crime of such degree n they would throw the book at them! These deputies commite this crime while under color of authority. Thank god someone witness the brutality n wasnt too scare to report it. So to you Tim Scott i feel the same hopefully they both DONT get out alive!
WOWJUSTWOW says
We only ask that you refrain from using obscenities or racial slurs, from engaging in PERSONAL attacks on other commenters (name-calling) and from knowingly posting false information.
Additionally, comments made solely to point out someone’s grammar or spelling errors will be removed, and so will BLANKET condemnations of entire races, ethnicities, religious groups, etc
Steve says
That’s a crappy thing to say!! These guys were wrong and are now to be punished for it. Would you say that about criminals too?? Class baby dripping with class.
Tim Scott says
If the criminals used the cover of authority to torture people who cannot protect themselves, and then got sentenced to eighteen months…yeah, I’d say the same thing about them. Thanks for asking.
Ralph says
I’m led to believe that the majority of police officers were either bullies when they were young and still are or were bullied when they were young and the power of the badge is enabling them to get revenge.
Robert says
It’s a very good thing you don’t get paid for your thoughts. It’s been my experience that most cops are natural helpers and see the job as a way to be servants. Yes, some screw up but the vast majority of them are not. It they were bullies they would become ufc fighters, wrestlers or boxers. You must have just made contact with the wrong cops, that could be due to your own actions.
Tim Scott says
Helpers? Yeah, the “good” ones generally help the others get away with their abuse of authority.