Charges dropped in Merced hookah lounge case, 3 years after students and police clashed
Almost three years to the day after a disturbance erupted between Merced police officers and college students at a local hookah lounge party, the case against three men charged with police battery has been dropped.
A dismissal order was filed July 7 for the case involving brothers Isa Bey and Nedir Bey and their cousin Ciasonne Ratto-Foster, the Merced County District Attorney’s Office confirmed to the Sun-Star.
The original incident occurred July 9 of 2017 at the former Chandelier’s Hookah Lounge & Smoke Shop on West Main Street.
Misdemeanor and felony charges were filed against the three men on June 13, 2018.
Police had said they entered the hookah lounge to search for a robbery suspect — but that person was no longer there when officers arrived at the party.
The case was a lightning rod of controversy, and illustrative of the racial divide that exists — in terms of how Blacks and people of color are treated by police, compared to whites.
Many Merced residents believe the club patrons would not have been targeted by police, had they been white. Still, others in the community voiced support for the officers, saying race was not a factor.
Marches followed, and many young people also showed up at Merced City Council to voice their displeasure with how the men were being treated.
The Merced, Drop the Charges Facebook page shared the news of the case being dismissed on July 10 of this year.
The online group has been involved with organizing protests and action since news of the incident first broke. The group has called what happened to the students at the lounge an example of police brutality.
Michael Cardoza, the defendants’ attorney, said the ongoing recent national dialogue about race and excessive force by officers may have played a role in the district attorney’s decision to dismiss the case.
“I really think what pushed this over the top finally is what’s going on today,” Cardoza said.
Cardoza referenced the recent wave of nationwide protests against police use of force following the death of George Floyd, an unarmed Black man, by a police officer.
“Certainly, the climate has changed in the last two years,” he added. “I assume the DA assessed the chances of winning this in a trial.”
Merced Interim Police Chief Tom Cavallero said he respected the decision made by Merced County District Attorney Kimberly Lewis and her office.
“We understand that prosecutors always have many critical factors to consider when deciding how to proceed with a case, especially an older one, and we respect that decision-making process and those involved in it,” Cavallero said in a message to the Sun-Star.
“Additionally, the (police policy review) committee that has been recently convened by Mayor Murphy is encouraged to offer input regarding policy applicable to such cases,” he added. “I’m very confident that this community perspective will prove helpful to current and future police administrators.”
Footage taken at the time of the altercation showed officers shouting at students, and one officer firing what police identified as a “sage” weapon, striking at least one person.
Witness accounts of the scene describe cops descending on a room full of mostly young Black adults.
Cardoza said he stood by previous comments about the charges against his clients amount to a “new Jim Crow,” referring to the sociohistorical practice of racial segregation and unfair treatment to people of color. “It does smack of that,” he said.
Police endangered the lives of the predominantly Black hookah lounge patrons when they entered with their guns pulled, Cardoza said, describing the choice as a “very bad call.”
“The first thought that jumped into my mind is, ‘what if you saw (the robbery suspect) in there? Would you have a shootout?’” Cardoza said, adding, “It begs the question, were you looking to stir it up in there?”
Accounts of how the disturbance began vary, with police saying they reacted with force after a police officer was assaulted, in addition to meeting an aggressive crowd.
But several students said they witnessed an officer throw the first punch, striking a student in the face.
The brawl resulted in multiple arrests and one officer being injured.
According to court records, Nedir Bey was charged with a felony and misdemeanor count of police battery and a misdemeanor count of obstructing police. Isa Bey and Ratto-Foster each were charged with misdemeanor counts of police battery.
Cardoza said that while his hope was that the DA would do the right thing by dropping the case against all three men, he was ramping up for a trial.
He suggested the DA’s office may not have wanted the potential national attention a trial could have brought, given the current political and social climate.
Cardoza noted that while the case is no longer moving forward, each of the men will continue to bear the record of their arrest.
“It affects the rest of your life,” he said. “So they will carry that worry the rest of their lives as they get jobs.”
The Merced Drop the Charges Facebook post about the case dismissal included words said to be from Isa Bey. He thanked supporters and expressed relief, but also raised questions about what happens next.
“So though I am thankful my family’s charges are dismissed. There is larger scale work to be done,” the post read. “What is to come of the officers involved? Are we supposed to be all good now?”
This story was originally published July 22, 2020 at 9:00 AM.
