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Former Police Officer Pleads Guilty in 2018 Excessive Force Case Involving Gay Man

Palo Alto Police Assault Gustavo Alvarez
Image: YouTube @NBCBayArea

It follows a hefty settlement and mandatory LGBTQ+ training following a lawsuit in the case.

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A California police officer has taken responsibility for his part in abusing a gay man in Silicon Valley.

Former Palo Alto Police Officer Wayne Benitez on Tuesday pleaded guilty to excessive force charges related to the 2018 arrest of a gay man, Gustavo Alvarez. The incident led to a lawsuit against the city and the police department, culminating in a settlement of $572,500 and the implementation of mandatory LGBTQ+ sensitivity training for the police force. This case, reported byThe Mercury News, highlights significant issues of police conduct and LGBTQ+ rights.

Benitez, 66, entered his plea at the Palo Alto courthouse, accepting misdemeanor charges of assault under color of authority and lying on a police report. Following his plea, he was ordered to complete 750 hours of community service and undergo anger management and LGBTQ+ sensitivity training. Despite the conviction, Benitez, who retired amid the fallout from the incident, will not lose his police pension.

The case gained notable attention after the release of a video showing Alvarez being slammed face-first into a car windshield while handcuffed, contradicting the officers’ report and indicating Alvarez was not strongly resisting arrest. The footage was pivotal in challenging the initial police narrative and the eventual lawsuit settlement.

Santa Clara County District Attorney Jeff Rosen stressed the importance of law enforcement accountability, emphasizing that such misconduct by police officers damages public trust. Benitez’s attorney did not immediately respond to a request for comment regarding the plea.

The repercussions of the incident extend beyond the courtroom and the settlement. The LGBTQ+ sensitivity training mandated for the Palo Alto Police Department is seen as a positive step toward addressing biases and improving police interactions with marginalized communities. This move signals a recognition of the unique challenges LGBTQ+ individuals face and the necessity of informed and respectful law enforcement practices.

In the broader context, this case has ignited discussions on police accountability and the treatment of LGBTQ+ people by law enforcement agencies. Activists and community leaders are advocating for more transparency in police operations and enhanced training to prevent such incidents in the future. They argue that while settlements and training are steps in the right direction, systemic changes in law enforcement culture and practices are essential for lasting change.

The incident, which occurred at the Buena Vista Mobile Home Park, was recorded on a body-worn microphone, capturing Benitez making disparaging remarks. The charges initially levied against Alvarez, including driving under the influence and resisting arrest, were later dropped by prosecutors.

Prosecutor Jason Malinsky from the Public and Law Enforcement Integrity Unit described the resolution of the case as a relief, condemning Benitez for damaging the reputation of the police department. Meanwhile, Alvarez’s attorney, Cody Salfen, expressed a mixed reaction to the plea, acknowledging the acceptance of responsibility but underscoring the harm caused to Alvarez.

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Christopher Wiggins

Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support. In addition to his national and political reporting, Wiggins represents The Advocate in the White House Press Pool and is a member of several professional journalistic organizations, including the White House Correspondents’ Association, Association of LGBTQ+ Journalists, and Society of Professional Journalists. His involvement in these groups highlights his commitment to ethical journalism and excellence in the field. Follow him on X/Twitter @CWNewser (https://twitter.com/CWNewser) and Threads @CWNewserDC (https://www.threads.net/@cwnewserdc).
Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support. In addition to his national and political reporting, Wiggins represents The Advocate in the White House Press Pool and is a member of several professional journalistic organizations, including the White House Correspondents’ Association, Association of LGBTQ+ Journalists, and Society of Professional Journalists. His involvement in these groups highlights his commitment to ethical journalism and excellence in the field. Follow him on X/Twitter @CWNewser (https://twitter.com/CWNewser) and Threads @CWNewserDC (https://www.threads.net/@cwnewserdc).