DA won’t file charges against Fresno councilman after confrontation outside his home
Fresno City Council President Miguel Arias will not be charged with misdemeanor battery related to a May incident where a group with ties to shelter-in-place protests showed up at Arias’ doorstep.
The Fresno County District Attorney’s Office made the announcement in a news release Thursday.
“In order to prosecute Mr. Arias for the crime of battery, the prosecution must prove beyond a reasonable doubt that Mr. Arias touched his accusers in a harmful or offensive manner,” a statement from the district attorney’s office reads.
“Additionally, because this incident transpired at Mr. Arias’ residence within a private gated community and involved uninvited or unescorted persons, the prosecution must also prove beyond a reasonable doubt that Mr. Arias exceeded his lawful right to use reasonable force to remove trespassers from the private residential property.
“After carefully reviewing all of the investigative reports, including the witness statements given at or near the time of the incident, as well as numerous videos that captured the confrontation in real-time, the Fresno County District Attorney’s Office has reached the legal conclusion that the prosecution cannot disprove that Mr. Arias used reasonable force to eject trespassers from the private residential property. As a result, battery charges will not be filed in this case.”
Arias in a statement late Thursday said the district attorney’s office’s decision to not pursue “the baseless claims made by out of town agitators” was the right move.
“These individuals came to my home specifically to provoke a confrontation and in the process threaten my family’s safety. They used a real health and economic crisis to gain media attention for themselves. I am pleased that local leaders and residents of all political ideologies see right through these reckless tactics and recognize that Fresno is better than that,” Arias said.
“I am glad we can put this unfortunate incident behind us and hope that these agitators got the message that they will not distract me or my colleagues from the important task of protecting our city’s health and safety during this pandemic.”
Arias was issued three citations May 12 after a group showed up on his doorstep, then pursued a citizens arrest after videotaping Arias apparently pushing at least one of them. A Fresno police lieutenant said no one was injured.
Arias said then that he was protecting his family and children.
“They went from making a political statement to physically threatening the safety of my own family,” Arias told The Bee, “and that was not going to be tolerated.”
A Facebook video showed the group was led by Ben Bergquam, who runs a group called Frontline America and organized a “Freedom Rally” outside City Hall on May 6 protesting the shelter order.
Also on May 12, a group opposed to the city’s shelter-in-place order went to Mayor Lee Brand’s home. Brand said in a statement that they had a peaceful discussion and then he went back inside.
This story was originally published July 2, 2020 at 5:03 PM.
