Man may appeal verdict in AV Hospital scuffle case

PALMDALE – A man convicted of four felonies and two misdemeanors stemming from an altercation with deputies in front of Antelope Valley Hospital may appeal the jury’s verdict, family members said.

“I know in my heart he’s innocent,” said wife Erica Chiclana. “We feel like he was wrongfully convicted.”

Marco Chiclana, 36, was sentenced last week to 360 days in Los Angeles County jail, placed on three years’ probation and ordered to enroll in a six-week anger management program, according to the Los Angeles District Attorney’s office. Chiclana was given 24 days credit for his 12 days already served in county jail, according to court records.

The sentence was imposed about a week after a Los Angeles Superior Court jury convicted Chiclana on two felony counts of battery with injury on a peace officer, two felony counts of resisting an executive officer, a misdemeanor charge of resisting, obstructing or delaying a peace officer and misdemeanor battery. (Read more on the conviction here.)

Chiclana’s convictions stem from an incident that occurred on April 2, 2011 in front of Antelope Valley Hospital.

AV Hospital scuffleChiclana’s family had called deputies to the hospital for assistance because Chiclana’s father was disoriented after surgery and trying to leave the hospital against medical advice. When deputies responded, Chiclana ended up in a fight with several deputies in the parking lot. Chiclana, his 63-year-old mother, Maria Chiclana, and his friend, Ibarra Deleon, were all arrested after the incident, though the charges were later dropped against Maria Chiclana and Deleon.

In late 2011, the trio sued the Los Angeles County Sheriff’s Department, alleging assault and civil battery, intentional infliction of emotional distress, false arrest and false imprisonment, malicious prosecution, and violation of civil rights. (Read more here)

After several pre-trial motions, Chiclana’s criminal trial began last month, and both sides made opening statements on Feb. 23. (Read more here.) Much of the two-week trial focused on a hospital surveillance video that captured the altercation between Chiclana and deputies. (View it above.)

The video shows that Chiclana was beaten because he failed to follow lawful commands and he violently resisted deputies, argued prosecutor Jason Quirino. Defense attorney Kris McFarren argued that Chiclana was a family man with no criminal record, who had called deputies to the hospital for assistance, but was brutally beaten and put in the hospital, instead.

The jury sided with the prosecution on all but one charge – assault with a deadly weapon.

“It was an unfortunate situation that they [the jury] didn’t see it the way we see it,” said Erica Chiclana. “No one deserves to be beaten like that.”

Chiclana has been in custody since his conviction on March 12, and is due back in court on April 19 for a restitution hearing, according to court records.

Chiclana is being housed away from the general population due to the long-term effects of the incident with deputies, Erica Chiclana said.

“He is in the medical side of the Twin Towers because he has post-traumatic stress disorder and he has paranoia,” Erica Chiclana said. “He was taking medication for that before he went in.”

The ordeal has taken a huge toll on the entire Chiclana family, she added.

“We’re a very tight family and he (Marco) was the one that has always helped the family,” Erica Chiclana said. “I do everything now for his mother who has Alzheimer’s, his dad who had a triple bypass, and my 17-year-old daughter.”

Asked about their civil lawsuit against the sheriff’s department, Erica Chiclana said the family is concentrating only on getting her husband’s name cleared, for right now.

“We’re just trying to see that he gets his name cleared of all the charges he has already been convicted of because we feel like he was wrongfully convicted,” Erica Chiclana said.

Chiclana will most likely serve only a portion of his jail sentence, officials said. Inmate records put Chiclana’s projected released date at Aug. 27, 2013, but family members were told that he could be released even sooner, Erica Chiclana said. The Chiclana family will make a final decision on appealing the conviction after Marco Chiclana is released, Erica Chiclana said.

“We are going to see how he feels after he gets out [of county jail], if he feels comfortable enough to go through the whole situation again,” Erica Chiclana said.

View related articles:

Man convicted in AV Hospital scuffle

Opening statements in trial over AV Hospital scuffle

Jury selected in trial over AV Hospital scuffle

Criminal case dropped against mother in AV Hospital scuffle

Logan, Cobian families file excessive-force claims against Sheriff’s Department

Prosecutors: No second video in hospital beating case

Man sues Sheriff’s Dept. over hospital beat down

  20 comments for “Man may appeal verdict in AV Hospital scuffle case

  1. ed
    March 26, 2013 at 5:54 pm


  2. March 26, 2013 at 3:20 pm

    Cops are so corrupted… Did all those cops really need to jump on this guy all at once? Come on 1 or 2 cops couldn’t handle him? WoW!!!

    • Thomas
      March 26, 2013 at 4:52 pm

      What a vague statement. Narrow minded thinking is dumbing society down.

    • The Truth
      March 28, 2013 at 8:17 am

      Also noticed, nothing was mentioned, on the Scott Sorrow (LAPD officer) verdict(shooting a retarded kid). Sure looks like the AV Times is skewed. Hey AV Times best be careful, that opens the door for a non-bias competitor to come here, and put you out of business.People are more informed nowadays

      • Kel
        March 28, 2013 at 10:21 am

        Why should something be mentioned about an LAPD officer verdict in a story about the sheriffs?? The two are not even the same agencies. Sounds like you are the one skewed against law enforcement and you want this paper to project your biased opinions. Cop haters are no different than cop groupies, both are extremist mentalities and have no place in credible reporting.

  3. sammy P
    March 26, 2013 at 12:16 am

    I have watched this video 5 times – I have especially paid close attention to the point when the violence started. It appears that the deputy made a decision on who he wanted to detain and question and was being ignored by the “suspect” – you can see the deputy try and frisk or handcuff him once and he just breaks loose and starts arguing with people around him. Then the deputy calls for backup and tries again to detain the suspect who then turns away and heads for the drivers side door of the car. At this point, the deputy is getting pissed and grabs the suspect and spins him around and as the suspect is trying to gain his balance, the angry deputy is already punching the suspect. Other deputies then join in the fun and a beat down commences.

    It might sound like I am siding with the “suspect” but not really – you see, I spent 6 years being homeless in the AV and another 8 years homeless in santa clarita- I dealt with sheriffs deputies at least a few times a month (usually more) but I have never gotten a beat down- you know why? Its called RESPECT.

    When a deputy arrives at the scene of a incident, you need to stop what ever you are doing and pay attention to the deputy and obey his commands, you cant just run around like a fool and continue arguing with people and ignoring the deputy – especially if he is trying to detain you or pull you aside to question you. Not every responding deputy would have handled it like this one did, but each deputy can only take so much disrespect before they are going to take you to the ground or tazer/pepper spray you, especially if there is a possible weapon involved and the deputy has no idea who has it. Its his job to gain control of the situation.

    So the accused will do around 3 to 5 months in jail and will have learned a valuable lesson about respect.

    Deputies did go way too far though – they could have gained control of the suspect without that much force.

    I will say one thing to the accused and his family – don’t even think about appealing unless you can hire a real criminal defense attorney. A public defender just wont cut it for a case like this, I don’t have time to type in why cause it would take too long and its 12am and i gotta get some sleep. ZZZZZZZzzzzzzzzz

    • Valerie
      March 26, 2013 at 3:56 am

      Sammy p I can’t speak for the sheriff’s in santa clarita but it has nothing to do with a person being homeless the deputies in the av is ridiculous it has somewhat gotten better but years back they would pick on blacks just because so it has nothing with being homeless and we cannot say who disrespect who

    • March 26, 2013 at 3:32 pm

      Listen Sammy… Wake up from your sleep!!! I think you’re a relative of one of the cops ..Cops are wife beaters, bully innocent people, prejudice, bad temper and think their bad asses and eat donuts and drink coffee all day they got bullied when they were kids and now with badge they think they can do what ever they want. I hope the family does get a good lawyer and appeals and beats it. Ok go back to sleep Sammy catch your zzzz’s..

      • Thomas
        March 26, 2013 at 4:49 pm

        Wow Jules, you are great at lumping all cops into one group. Cops also go places you would not think of going, give cpr to people you pretend don’t exist, and are asked to handle children for parents that can’t. If it was not for law and order and the cops that enforce these laws society would be a free for all. So while you are busy stereotyping the police and the people that respect them take a good look around the world you live in and why you feel a sense of safety in your home. If we are going to sterotype my guess is you are either the exwife of a cop, someone that failed out of the police academy, or my best guess someone that failed the psychological test to be a cop. I really hope you work your issues out.

      • The Truth
        March 28, 2013 at 8:09 am

        Police are also the biggest alcoholics on the planet. We need to start drug testing (steroids also) the police. Hey if you make burgers at McDonalds you get tested, but when you carry a person’s life if your hands, you don’t get tested…Lets get real

        • Gladys
          March 28, 2013 at 11:03 pm

          I doubt their “union” would allow random drug testing without advance notification. Therefore, it really wouldn’t be random. I agree, they should get tested, similar to how insurance companies test when you get life insurance. They test for everything and also for the drugs that people take so they can pass the drug test and not show dirty.

  4. ^%$
    March 25, 2013 at 3:47 pm

    GOOD!!! Time for some unaccountably. @ AV Times. Wasn’t the deputy involved with this beating the same cop who ruffed up the black girl on her bike on Av I?
    The same deputy that was involved with the beating of another Hispanic family?
    3 times should ring some bells. One would think?

    • Thomas
      March 25, 2013 at 6:27 pm

      I love people that second guess a jury without all the facts. Sit in your home and pretend that all the people that the Sheriffs department are law abiding citizens. Meanwhile we have to pay for these appeals. The fact is with a guilty verdict the civil suit loses value. He is guilty. Twelve jurors said so.

      • ^%$
        March 25, 2013 at 6:35 pm

        Rightttt. Because a deputy KNOWN to beat on brown people is never to blame! Cop groupy maybe? Just a little bit, Thomas?
        We all know BAD cops neverrrr cost the good tax payer. NOT!
        And why is that? Because groupies like you will never weed the bad cops out until they’ve racked up numerous million dollar settlements.

        Way to save those tax dollars. Now how many deputy relatives did they have on the jury again?
        There is no justice in the AV. Just a for profit court house!

        • Palmdale_Diego
          March 25, 2013 at 7:18 pm

          I give up….how many deputy relatives were on the jury?

      • KOUI
        March 25, 2013 at 10:30 pm

        I second guessed the O.J. Simpson jury and the Casey Anthony jury and they had all the facts. I think some people would agree, maybe those jury s got it wrong. So, why not in this case. I didn’t see him do anything in the video to warrant such a clearly excessive beating, nor did he assault anybody with a “deadly weapon” (i.e. a gun, knife, monkey wrench, baseball bat, tire iron, ice pick, shoe, comb, however its defined.) I defy you to endure such a beating and keep your hands at your side. I know, you would never do anything to put yourself in such a situation. Still, I bet you couldn’t keep your hands down either.

      • bias jury corrupted av
        March 25, 2013 at 11:23 pm

        thomas, apperently you do NOT KNOW ALL THE FACTS this man has been wrongly convicted he is actually a victim twice once from his father then the cops, the family called 911 FOR HELP PLEASE COME AND HELP MY FAMILY but noooooooo the cops shows up and just starts beating on the man.. you see thomas you do NOT know what your taling about cause the jury was NOT given all the facts not at all. in fact his face was broken in 3 places not including his eye damamge all from being beat to almost death while already being knocked out like a light yes he was knocked out cold, while they beat on him their was 7 plus cops on top of him hmmm lets see thats about 800lbs on top of him and you think he deserved this what would you do if you knew someone that was beaten like this you would be feeling the same way this poor family does, these same cops beat up many other people and now cause of the bias jury they just gave permission for them to keep beating other INNOCENT people up and maybe killing them. and you think this is ok and alright your sick dude. the jury didnt get all the facts cause if they did they wouldnt of made him guilty cause these cops are dirty but they didnt get to see that proof among a bunch of other proof yes i mean facts so before you open your mouth you should think twice their was so much other proof that they didnt see so how could they give a guilty verdict its cause they are totally bias these cops will keep beating more people up cause they are racist thats why they have done it before many times so they will keep doing it they are not god and have NO right to just go around beating INNOCENT people up i really hope this man appeals this and takes it somewhere else where he can actually get a FAIR trial nonbias jury, it needs to be taken away from the av its all corrupted you need to remember the FAMILY called 911 for HELP YES HELP they needed the help they didnt call 911 to get beat to almost death i hope this family sees this and they appeal this all the way to LA court and win cause all the facts will be on the table not just the one sided circumstanceal evidence. its all one sided a bias jury and a corrupted av wake up fool you dont know what your talking about so get the FACTS all the FACTS before opening your mouth

        • Just sayin'
          March 26, 2013 at 5:33 am

          Cops are bad…blah…blah…blah!

        • March 26, 2013 at 6:36 am

          Apparently, if what “bias jury corrupted” says is correct, the entire fault should lie with the defense attorneys. The “worngly convicted” man should instead sue his legal team as they obviously failed to get “all the facts” which lead to that man’s conviction.

        • Thomas
          March 26, 2013 at 11:50 am

          If the defense did this bad of a job defending this guy he needs to choose a better defense lawyer. I have lived in the AV for over twenty years and have never been beat up buy the Sheriffs department. My uncle who has been arrested a few times has never been beat up either. Twenty three of my co-workers have also never been beat up buy the AV deputies. For every action there is a reaction and somehow this guy took the wrong action. This whole way of thinking the cops are bad, the jury is bad, the judge is bad is the reason the younger generation has no respect and has difficulty functioning in society. As far as the fact go He was convicted by a jury of 12 that is a fact. No charges were filed against the Sheriffs department that is a fact. There I have the facts.

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