San Marcos man pleads not guilty to violating social host ordinance, resisting arrest

Claims sheriff's deputies used excessive force

VISTA, Calif. - A San Marcos man will fight charges he violated the social host ordinance and resisted San Diego Sheriff’s deputies when they arrested him on Jan. 25.

Jason Gonzales, 23, pleaded not guilty in Vista court to two misdemeanor counts, which his attorney says he will fight vigorously.

Deputies were dispatched to Gonzales' home after getting a 911 call from a woman who was crying before the line was disconnected.  She gave them Gonzales' address on Borden Road and when deputies arrived, they found what they described as a large party going on.

Gonzales answered the door, but refused to give the deputies access to the house to check for the woman.

In court, deputy district attorney Eva Kilamian told the deputies' version of what happened.

"The defendant starts screaming and yelling at them and tries to close the door. Right around this time, a crowd starts forming inside the house and the crowd members start shoving their cellphones in front of the deputies. They start pulling the defendant back just as the deputies are trying to get the defendant’s attention and get him out," she said.

Eventually, Gonzales was taken outside. Kilamian said that is when he became violent with the deputies, punching and kicking them.

A Taser was used by deputies to stop the struggle.

"It was my client against four or five policemen," said Gonzales' attorney, Robert Tiangco. "The evidence is going to show there definitely was excessive use of force in this case."

Tiangco said he will also prove his client did not serve alcohol to minors. 

"He has roommates, and they were in the privacy of their own home, and the privacy of his friends," explained Tiangco, who said his client had no control over who they invited over.

Cellphone video will likely be a large part of the case. Several people at the party recorded videos and can be heard screaming, "Where's the warrant?" and "Police brutality!"

10News interviewed neighbors who say the house where Gonzales lives is a constant source of loud parties that disrupt the neighborhood.

Gonzales has asked for a jury trial, which is set to begin April 28. Until then, he remains free on $20,000 bail.

Because both resisting arrest and violating the social host ordinance are misdemeanors, the maximum sentence if convicted is one year in jail.

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