CALIFORNIA HIGHWAY PATROL OFFICER SLAPPED ON WRIST FOR ATTACKING SUSPECT
By Ray Huard
UNION-TRIBUNE STAFF WRITER
August 25, 2007
VISTA – A former California Highway Patrol officer was placed on three years' probation and ordered to perform 300 hours of volunteer work for manhandling an Encinitas man he arrested, a judge ruled yesterday.
Brian David Kennedy has resigned the CHP job he held for 17 years and cannot apply to work as a peace officer in California under the terms of a plea agreement approved by Judge Aaron Katz.
Calling Kennedy's actions “shameful and disgraceful,” the judge also ordered Kennedy to enroll in anger-management classes.
Kennedy, 44, must pay any medical and dental expenses incurred by Andrew Chase as a result of the rough handling he received when Kennedy arrested him July 4, 2006, on suspicion of driving under the influence, the judge said.
“You've basically spent 17 years developing a career and it took literally 15 seconds to destroy that career, and in my estimation that's a terrible waste,” Katz told Kennedy. “But for those 15 seconds, you've had an excellent and stellar career.”
Despite glowing evaluations from his supervisors and people in the community, Katz said Kennedy must be punished because “the public needs to understand there are ramifications to this kind of behavior.”
The judge said he was concerned that Kennedy's actions might reflect poorly on other officers.
“I don't think that the public should lose faith in the California Highway Patrol or any peace officers,” Katz said. 
Kennedy's lawyer, Richard L. Pinkcard, told the judge that Kennedy has been undergoing psychological counseling, which includes sessions on anger management. He said Kennedy also has been lecturing other officers on what happened to him and how to prevent it.
The judge said Kennedy can fulfill his volunteer work requirement by continuing to counsel others.
At the time of the incident, Kennedy was working overtime on the holiday as part of a crackdown on drunken driving. He drove Chase, 23, to the Vista jail after arresting him and the two men exchanged words outside Kennedy's patrol car.
Kennedy pushed Chase to the ground while Chase's hands were handcuffed behind his back. He then lifted Chase up and forcibly placed him on a nearby bench. The incident was recorded by a video camera at the jail.
Kennedy pleaded guilty in June to misdemeanor charges of assault under the color of authority and filing a false report. He was initially charged with assault and battery by a police officer, battery and filing a false report as a peace officer. Had he gone to trial and been convicted, he faced a maximum penalty of about 2½ years in prison, Deputy District Attorney Robert Kearney said.
Kearney told the judge yesterday that Kennedy's resignation and his agreement never to work again as a police officer in California was sufficient punishment.
Kennedy said nothing in court other than to acknowledge the terms of his probation. If he violates those terms, he could be jailed for 270 days, the judge said.
A family friend, Lawrence Frankel, told the judge that Kennedy's actions were “a momentary lapse in judgment.”
“That's not Brian Kennedy,” said Frankel, who said Kennedy was childhood best friends with his son. “We all make mistakes.”
Note: The next time I have a client who attacks someone under color of law, I hope I get Judge Katz. I'll ask Judge Katz why he is sentencing my client to more than the CHP officer who attacked a suspect. Judge Katz will say something condescending, and sentence my cliet to more than poor, poor Officer Kennedy.
When he runs for re-election on the typical "Law Enforcement's Choice" platform, the rest of you will know what I already know.
