Jurors began deliberating Thursday in the case of a Durango man who bit a police officer’s right pinky finger.
During her closing arguments, defense lawyer Heather Little said Cedric Quintana, 34, had a right to defend himself against four police officers who barged into his apartment and used force to make an arrest, all in violation of the law.
But Deputy District Attorney Reid Stewart said Durango police Sgt. Bobby Taylor made a lawful entry, and he had probable cause to make an arrest. Quintana resisted arrest and chomped down on Taylor’s finger. Taylor has undergone two surgeries to repair his pinky.
Quintana is charged with felony assault on a police officer and causing serious bodily injury. The jury trial started Monday in 6th Judicial District Court. Jurors deliberated about four hours Thursday and planned to resume Friday.
The incident occurred at 1:35 a.m. Sept. 20, 2013, in an apartment at 1020½ Main Ave., downtown Durango.
Prosecutors and defense lawyers, for the most part, agree about the facts of the case: A roommate called 911 to report Quintana was being loud, verbally abusive and causing a disturbance outside the apartment. When police arrived, the roommate’s mother opened the door, and police asked Quintana to come to the door. Quintana cussed at the officers, told them to get a warrant and asked them to go away.
Quintana, who was visible from the doorway, had his hands hidden from view. Police asked him to show his hands, and Quintana ignored the request. Police entered the apartment and grabbed his arms to place him under arrest. But Quintana clinched up, and, during the struggle, bit Taylor’s finger.
Officers pulled on his cheek, struck him in the head, applied pressure behind his ear and struck him in the head with a knee, but he wouldn’t release his bite. Finally, an officer used a Taser gun, which caused him to let go.
Defense lawyers asked jurors to consider three “affirmative defenses” that would justify Quintana’s actions, including Colorado’s so-called Make My Day law, which allows homeowners – in certain instances – to use deadly force against intruders.
Officers had responded to a noise complaint. By the time they arrived, everything was calm, everyone was quiet, and nothing was in disarray, Little said. Quintana refused to talk to police or let them enter his house, which was within his rights, she said. Instead, police created an “emergency” to justify their entry.
“The police are the ones that caused this,” Little said. “The police are the ones that started this.”
Just because something happens after midnight and someone is intoxicated doesn’t give officers the right to enter a house without permission, she said. Quintana had the right to defend himself and his property, she said.
“Mr. Quintana’s actions that night were protected by law,” Little told jurors.
But Stewart said officers had every right to investigate Quintana, who was reported as being disorderly and heavily intoxicated. They had a duty to investigate if he was a risk to himself or others. Officers didn’t use force until Quintana bit down on Taylor’s finger, Stewart 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.”
Quintana faces four to 12 years in prison for second-degree assault on a police officer and five to 16 years for serious bodily injury.
shane@durangoherald.com
