Man who recorded Border Patrol beating relased from jail

SAN DIEGO - A man locked up for a month, just hours after giving 10News video of a confrontation involving Border Patrol agents, is being released from custody.

On Tuesday, Jose Guzman's lawyer, Peter Liss, told 10News, "The judge cut my client loose."

On Jan. 13, Guzman recorded video on his cellphone of Border Patrol agents beating an undocumented worker. Later that night, agents raided his home looking for his cellphone, but he had already shared that video with 10News.

The next day, San Diego County sheriff's deputies arrested him, saying he didn't immediately notify them of his contact with law enforcement so they were revoking his house arrest and sending him to jail.

Liss said, "The problem was they didn't have any sort of review or appellate process that's required by law."

Guzman and his attorney have been fighting it ever since, and on Tuesday morning, a judge handed down a ruling.

Liss said, "He said, 'OK, Mr. Guzman didn't contact you right away but you violated his due process rights and he's been sitting in jail since then.' Then he added there's also a pretty big rules violation by CPAC."

State law requires CPAC, the county's alternative house arrest program, to give people a written notice of the reasons they're in violation of the program rules and their appellate rights. A judge said CPAC failed to do that.

"I think he was just stunned; I think Jose was just prepared for the worst," Liss said.

Maribel Plascencia, Guzman's mother, told 10News, "I was really happy and very thankful that somebody looked into it and really paid attention to my son's case."

Liss hopes this case isn't the norm for CPAC, saying, "And so what I'm hoping in the future is that they start following the law."

Guzman is expected to be released sometime Tuesday, however, the judge extended his probation for one year.

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