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Finger-biting trial begins

Lawyer: Defendant warded off unlawful force

A jury was selected and opening statements made Monday in the trial of a Durango man accused of biting a police officer’s finger.

Cedric Quintana, 34, is charged with assault on a police officer causing serious bodily injury.

Durango police Sgt. Bobby Taylor suffered a lacerated tendon, disfigured lower knuckle and has undergone two surgeries to try to repair his pinky on his right hand.

The incident occurred about 1:30 a.m. Sept. 20, 2013, in an apartment at 1020½ Main Ave., in downtown Durango.

Prosecutors and defense attorneys agree about several facts: Quintana had been drinking and celebrating his birthday when he got into a verbal fight with his roommate. The roommate called 911, fearing the racket would lead to their eviction. Police responded, entered the apartment and forcefully placed Quintana under arrest. Quintana resisted, and in the process bit Taylor’s right pinky finger.

Assistant District Attorney Reid Stewart said Quintana was disturbing the peace, and police had probable cause to place him under arrest. But he refused to come to the door and ignored requests to show his hands, which were buried under a pillow, he said.

Police entered the house and grabbed Quintana’s arms to place him under arrest, Stewart said. But Quintana pulled his hands away, bit the officer’s finger and didn’t let go, he said. Officers pulled on Quintana’s cheek, struck him in the head, applied pressure behind his ear and struck him in the head with a knee, but he still wouldn’t unlock his jaw, Stewart said.

Finally, an officer used a Taser gun, which did the trick, he said. The officer used the Taser a second time when Quintana tried to reach for the stun gun, Stewart said.

Public defender Justin Bogan said Quintana had “the audacity” to tell officers to get a warrant. Instead, four officers barged into his apartment and put his body “under siege,” Bogan said. Quintana curled and braced himself for a beating, he said. In an effort to defend himself and slow the assault, Quintana bit the officer’s finger.

Quintana was defending himself against unlawful use of force and intruders into his house, Bogan said.

He showed jurors a picture of Quintana’s face shortly after the attack, in which he had a black eye and swelling. Quintana was “beaten, electrocuted and humiliated,” Bogan said.

The trial is expected to last four days. It is being overseen by 6th Judicial District Judge Jeffrey Wilson. Five women and eight men are serving on the jury, which includes one alternate.

shane@durangoherald.com

Sep 30, 2015
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