Attorney cries foul over arrest of man who shot video of Border Patrol incident

Claims Fernando Guzman did 'nothing wrong'

SAN DIEGO - When Jose Fernando Guzman shot cell phone video of an undocumented coworker being arrested by a Border Patrol agent, he had no idea it could send him to jail. 

Guzman has been in the Central Jail in San since Wednesday, two days after he shot the video and just hours after 10News aired it.

"So for sharing this video with the public, he's paying the price of his freedom," said Guzman's attorney, Peter Liss. "I don't think it's fair."

Liss is demanding answers about why the County Parole and Alternative Custody program, or CPAC, pulled the plug on Guzman. 

Guzman, who was convicted in 2013 in a road rage incident, was enrolled in the program which allowed him to wear an electronic monitoring cuff around his ankle. The home detention program, run by San Diego County Sheriff's deputies, helps keep less dangerous offenders out of overcrowded jails, but there are a number of conditions. According to a CPAC lieutenant, Guzman violated those conditions by not contacting his case worker after having contact with the Border Patrol.

"He never notified his case worker," said Lt. Holly Mitchell.

Liss claims Mitchell has changed her story.  Initially, he says the lieutenant told him Guzman was remanded to custody for not cooperating with a police investigation.

"CPAC told me that he had failed to cooperate with a law enforcement investigation, meaning specifically, that when they came to his house, they were looking for the undocumented worker that had escaped, and they didn't feel that he had helped them enough to try to find this missing person," said Liss, who had a different viewpoint. "You have no obligation, whether you’re on probation or not, to basically help law enforcement do its job."

Guzman claims he tried at least four times to contact his case worker, but got no answer.  He left a voicemail, using his girlfriend's phone, since his had been confiscated by Border Patrol agents and turned over to the U.S. Attorney.

Mitchell says no such calls were made to the CPAC office and no voice mails were retrieved by the case worker. She added that Guzman was given two full days to report his contact with Border Patrol, but failed to do it.

"He blew it," she said.

A hearing has been scheduled for Friday in Vista to determine whether Guzman was properly incarcerated.

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