Jurors ended in deadlock Friday after 1½ days of deliberating the fate of a Durango man who bit a police officer’s finger.
Cedric Quintana, 34, appeared happy, smiling as jurors exited 6th Judicial District Court.
Quintana was charged with felony assault on a peace officer and felony assault causing serious bodily injury after gnawing into Durango police Sgt. Bobby Taylor’s right pinky finger during an arrest in his own home.
Public defenders Heather Little and Justin Bogan told jurors police had no business being inside Quintana’s house. They asked jurors to consider Colorado’s Make My Day law, which allows homeowners – in certain instances – to use deadly force against intruders. They also relied on two other “affirmative defenses” that allow individuals to defend themselves and their premises.
After Friday’s mistrial, several jurors declined to speak about their deliberations or the nature of their disagreement.
Quintana is being held without bail at the La Plata County jail. His next court hearing is set for July 30, at which time prosecutors must decide whether to go forward with charges, and, if so, set a new trial date.
The trial started Monday in District Judge Jeffrey Wilson’s courtroom. Seven men and five women served on the jury. Quintana was facing four to 12 years in prison for second-degree assault on a police officer and five to 16 years for serious bodily injury.
During her closing arguments, Little said Quintana was within his rights to refuse to talk to officers or let them inside his house. It may have been late, he may have been drunk and he may have used abusive language, but none of those actions give police a right to intrude into his home, she said.
Deputy District Attorney Reid Stewart said Quintana was heavily intoxicated and disturbing the peace, and police had probable cause to place him under arrest. They had a duty to make sure he wasn’t a risk to himself or others, he said. Officers didn’t use force until Quintana bit down on Taylor’s finger.
Colorado was one of the first states to pass the so-called Make My Day law in 1985. The law shields people from criminal prosecution and civil lawsuits for using any degree of force, including deadly force, against intruders who unlawfully enter a home if the occupant has a reasonable belief the intruder plans to commit an additional crime against someone in the home or the property in the home.
It was up to prosecutors to prove beyond a reasonable doubt that the Make My Day law and other affirmative defenses didn’t apply in this case.
Efforts to reach District Attorney Todd Risberg for comment Friday were unsuccessful.
Police received a 911 call about 1:30 a.m. Sept. 20, 2013, from Quintana’s roommate, who said Quintana was being verbally abusive and causing a noise disturbance outside his apartment at 1020½ Main Ave., in downtown Durango. By the time police arrived, the situation had calmed down and Quintana was in bed.
Police knocked on the door, and his roommate’s mother opened it and walked away.
Sgt. Taylor along with three other officers stood at the doorway asking Quintana to show his hands, which were hidden from their view. Quintana refused, cussed at them, told them to get a warrant and go away. Fearing he had a weapon, all four officers entered the house and grabbed Quintana’s arms. Quintana clinched up and bit Taylor’s finger during the melee.
Officers hit him in the head, pulled on his cheek, applied pressure behind his ear and kneed him in the head, but Quintana didn’t let go. Finally, an officer used a Taser gun to make him unclench his jaw.
Taylor has undergone two surgeries to repair his pinky finger.
During his closing arguments, Stewart said there was no unlawful entry and no reasonable person would believe officers were there to commit a crime or assault Quintana. Officers were taking Quintana into custody, and it is reasonable to believe they would touch his arms in doing so, Stewart said. Quintana resisted arrest, he said.
But Little said police were not in hot pursuit, nothing was in disarray and nobody appeared to be in danger. She said officers seem to be misinformed about the law as it applies to entering someone’s home.
Just because something happens after midnight and someone is intoxicated doesn’t give police a right to ignore his or her Fourth Amendment rights, which protects against arbitrary arrests and unreasonable searches and seizures, Little told jurors.
Quintana used a reasonable amount of force to defend himself against an unlawful trespass, Little said.
About 1½ hours after the incident, a Durango police officer asked Quintana why he didn’t cooperate with law enforcement when they arrived. In a recorded interview, Quintana responded: “Why should I? I’m pissed. It’s my birthday.”
shane@durangoherald.com
Herald Staff Writer Chase Olivarius-McAllister contributed to this report.
