Jury acquits Fresno man of resisting arrest. Attorney says police ‘overstepped bounds’
A 60-year-old Fresno man who was tried for allegedly resisting arrest during a police sweep of a homeless camp was found not guilty this week by a jury.
After a four-day trial, it took jurors just 90 minutes Tuesday to acquit Lewis Brown of the misdemeanor charge of resisting a police officer.
Body cam footage, released before the trial, shows Brown at the camp near Highways 99 and 180. The footage shows him struggling with police officers, who appear to pin him to the ground.
According to a police report of the Feb. 21 incident, Brown allegedly tried to “conceal his hands under his body” and his legs “began to flail,” so an officer “gained control of both legs by folding one over the other.”
Another officer used his foot to push down on the middle of Brown’s back because he was “concerned” with the crowd and Brown’s dog, which can be heard whining and barking in the video footage.
But defense attorney Kevin Little said it was clear to the jury that police officers “overstepped their bounds by using a significant amount of force on Mr. Brown.”
“Hopefully they will learn from this episode that they can’t continue to use force as their first option for dealing with the homeless population,” Little said Wednesday.
Brown, who continues to live on the streets, was thankful to be done with the trial, Little said. He was facing up to six months in jail and a $1,000 fine.
“He is very relieved this is over,” Little said. “He has been dealing with this since February of 2020.”
Little said the Fresno County District Attorney’s office dropped three additional charges before trial because of insufficient evidence. Brown was initially charged with drug possession, trespassing on private property and unauthorized lodging.
Officers went to the northwest intersection of Highways 99 and 180 on the morning of Feb. 21 to enforce a city municipal code that prohibits people from camping on private and public property, according to the police report.
This story was originally published July 1, 2021 at 5:00 AM.
