Vista man from controversial arrest video to stand trial - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Vista man from controversial arrest video to stand trial

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SAN DIEGO (NEWS 8/CNS) — A preliminary hearing was held Tuesday for one of two men seen in a controversial arrest video with sheriff's deputies. The video from last month went viral with some saying it showed rough treatment of the suspects by deputies.

In the video you can see 24-year-old Gerardo Martinez Jr. on the ground during the arrest, which ended up in a domestic violence charge. His father Gerardo Martinez Sr. is also seen in the video and it appears deputies slam his head into a fence.

Charges against Martinez Sr. following the arrest were later dismissed.

The former girlfriend of Martinez Jr. - who called 911 the day of his arrest - took the stand Tuesday to testify about him getting physical with her that day.

She said the felt unsafe and that Martinez Jr. was being violent.

Martinez Jr.'s lawyer says that the incident wasn't a case of domestic violence.

Attorney Francisco Aldana contends what happened was nothing out of the ordinary for them when they were together as a couple. And even though they had broken up days earlier they had sexual relations the night before his client's arrest he said.

The judge determined there is enough evidence for the case to go to trial and set a date of July 30 for it to begin.

It's still unclear why the arrest of Martinez Jr. and Sr. Turned seemingly violent but deputies involved have been placed on desk duty. The family has said they plan to pursue a civil case against the sheriff's department in federal court.

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