On Aug. 11, the Santa Barbara County District Attorney’s Office dropped misdemeanor charges of threatening a witness against Orcutt resident Jeff Lind. The charges stemmed from a 2010 courthouse encounter between Lind and a Guadalupe police officer.
Deputy District Attorney Brian Cota said he motioned for Superior Court Judge Jean Dandona to dismiss the case because he didn’t feel the evidence was strong enough to convince a jury of Lind’s intent against the officer, Cpl. Robert Ortega. Ortega was the arresting officer in a DUI case involving one of Lind’s family members.
“For this, you had to prove [Lind] intended to dissuade or prevent a witness from testifying specifically,” Cota said. “As to what his intent was, I didn’t think I could prove that beyond a reasonable doubt. What was alleged happened, but it was a matter of what was in his mind at the time that he did those things.”
Lind was arrested in December 2010 at Santa Barbara County Superior Court in Santa Maria after encountering Ortega in a hallway outside a courtroom. A videotape of the incident surfaced and appeared to show Lind shaking hands with Ortega before the two exchanged words. Lind allegedly questioned Ortega’s arresting procedure, and in the video, he can be seen pointing at the sky—the moment Ortega claims Lind told him, “You got something coming to you, too, pal!”
While Cota said Linn’s actions weren’t appropriate, he said he felt there was enough doubt as to whether such actions rose to the level of a crime.
“I think there was probable cause to arrest him, certainly,” Cota said. “But that’s a different standard.”
Since his arrest, Lind has campaigned for the charges against him to be dropped, claiming the video proved his innocence and that Ortega had no probable cause to arrest him in the first place. Lind said he was relieved and “a little surprised” by the DA’s dismissal.
“My story hasn’t changed,” Lind told the Sun. “It’s exactly what I’ve been asking them to do for the past eight months. Why does it take them eight months to figure out that they have no case?”
Lind said he felt the decision was the result of counterclaims he and associate Tom Murphy have filed against 27 people, including District Attorney Joyce Dudley and Superior Court Judge Kay Kuns, the judge originally assigned to his case.
Kuns was forced to recuse herself after Lind and Murphy sought a claim against her, seeking $77 million in damages. The court has contended Lind and Murphy’s claims aren’t legitimate.
As a result, Lind and Murphy still face felony charges in Santa Barbara of attempting to procure a false instrument for record, conspiracy to commit a crime, and attempted filing of a false document related to a single-family residence. The two men will appear again in court for their arraignment on those charges on Aug. 25.
“I’m just proceeding with my counterclaims as they are,” Lind said of the upcoming hearing. “That’s a substantial penalty to them for violating my rights.”
This article appears in Aug 18-25, 2011.