Enterprise staff writer

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The Yolo County District Attorney\’s Office won\’t pursue a fourth trial after all against two West Sacramento brothers for their roles in a 2005 scuffle with police.

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In a statement released late Tuesday afternoon, District Attorney Jeff Reisig said the decision to dismiss the remaining battery and resisting-arrest charges against Ernesto and Fermin Galvan followed an analysis of the evidence in the case and a review of discussions with jurors from the first three trials, all of which ended in mistrials after the juries were unable to reach unanimous verdicts.

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“We determined there is sufficient evidence to establish proof of each defendant\’s guilt beyond a reasonable doubt, that 27 of the 36 jurors who have examined the evidence have agreed with us that there is proof beyond a reasonable doubt as to most counts, and that the officers acted within the confines of permissible use of force based on the circumstances and the defendants\’ actions,” the statement says.

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It continues: “However, our analysis convinces us that there is a decreasing likelihood of obtaining a unanimous verdict of 12 members of the community in this matter. Therefore, it is our intent to seek a dismissal of all charges and to not proceed to a fourth trial.”

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That trial had been set for early February.

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The case stemmed from a June 2005 confrontation between the Galvan brothers and West Sacramento police officers on a darkened levee road. The incident left both brothers hospitalized, with Ernesto Galvan suffering severe injuries that left the right side of his head deformed.

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A civil-rights lawsuit filed by the brothers against the city of West Sacramento and the officers involved is still pending in federal court.

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Jurors in the three criminal trials — in October 2007, February 2010 and December 2010 — deadlocked on most of the charges. But while the juries in the first two trials leaned toward guilt, the most recent panel voted 7-5 for acquittal on most counts. That jury also acquitted Fermin Galvan of one count of resisting arrest and voted 11-1 for acquittal on a second.

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Anthony Palik, Ernesto Galvan\’s attorney, hailed the DA\’s announcement Tuesday night.

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“We are very pleased that the District Attorney of Yolo County, Mr. Jeffrey Reisig, has chosen to do the right thing and dismiss a case that should never have been brought in the first place,” Palik told The Enterprise via e-mail.

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“It is incumbent upon all prosecuting attorneys to maintain a quasi-judicial role in such matters. They are not ordinary attorneys and they have a clear responsibility to the public to act with due diligence in ascertaining all the facts and verifying their consistency.”

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Deputy Public Defender Martha Sequeira, who represents Fermin Galvan, could not be reached for comment Tuesday. However, she previously called the pursuit of a fourth trial a waste of county resources.

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Both defense attorneys contended that neither brother was committing a crime when then-patrol Officer Donald Schlie approached them during the early hours of June 14, 2005.

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Schlie testified that he suspected Ernesto Galvan was under the influence of drugs, noting that the younger brother acted fidgety, was sweating heavily and ignored orders to keep his hands out of his pockets.

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The struggle began after Schlie grabbed at Ernesto Galvan\’s wrist, Deputy District Attorney Carolyn Palumbo told the jury in her opening statement last month. Galvan stiffened, then struck Schlie on the chin when the officer tried to bend him over his patrol car.

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Palumbo said the struggle continued for several more minutes as two more officers arrived on the scene. Three strikes with a Taser reportedly had no effect on Ernesto Galvan, who was able to push himself off the ground single-handedly with an officer on his back.

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“His strength, according to these officers, was amazing,” Palumbo told the jury.

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Eventually, the officers used their batons to subdue Ernesto Galvan, who received a reported 32 blows in all. Fermin Galvan was forced to the ground during an alleged attempt to intervene, resulting in a chipped tooth and “road rash” to his face.

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Defense attorneys questioned the amount of force used to detain the brothers, which Palumbo characterized as “appropriate.” Palik also argued that the officers failed to follow standard police protocol during their initial contact with the Galvan brothers and that, as a result, “the situation escalated into a very unfortunate incident.”

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A news conference by area labor and civil rights groups denouncing the DA\’s intent to seek a fourth trial had been scheduled for today in West Sacramento.

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— Reach Lauren Keene at [email protected] or (530) 747-8048. Comment on this story at www.davisenterprise.com

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