Three men to stand trial in assault of Merced police officer

Three men have been ordered to stand trial for their alleged roles in the assault of a Merced police officer a year ago.

Nathan Schindler and Michael Stucky, both 25, and Cody Griess, 24, have pleaded not guilty to charges in connection with the Feb. 2, 2014, assault of Merced police Sgt. Curt Gorman.

Judge Marc A. Garcia bound all three defendants over for trial Tuesday following a preliminary hearing in which three officers, including Gorman, testified, the Merced County District Attorney’s Office confirmed.

All three defendants were ordered to return to court Feb. 23 for arraignment.

Schindler and Stucky are accused of assaulting Gorman. Griess is charged with obstructing officers at the scene, which essentially created the opportunity for Schindler and Stucky to carry out the alleged attack, according to Matthew Serratto, the deputy Merced County district attorney prosecuting the case.

The judge dismissed a single felony count of resisting an executive officer against Griess, but confirmed the second count of obstructing a peace officer, Serratto confirmed.

Griess’ attorney, Jeffrey Tenenbaum, said his client was not involved in the alleged assault of the police officer. “Mr. Griess continues to maintain his innocence,” Tenenbaum said. “He is not responsible for what the other two may have done to Sergeant Gorman.”

The incident was captured on a police camera, the attorney said.

Schindler’s attorney, Richard Meyer, said his client was simply acting in self-defense. “We each have the right to defend ourselves from excessive force,” Meyer said. “It appears to me that’s what occurred in this case, (Schindler) was defending himself and his friends.”

Serratto disagreed.

“To me, the video is clear and shows this was an unjustified, unprovoked attack on Sgt. Gorman,” Serratto said.

A phone call to Stucky’s attorney, David Capron, was not returned Wednesday.

All three were arrested after a series of incidents that resulted in Gorman’s injuries. Investigators have said Griess was arguing with Officer Brian Rinder outside on West 18th Street in Merced and was eventually taken to the ground. Gorman went to assist and got into a struggle with Stucky, who held Gorman’s legs while Schindler got on top of Gorman and repeatedly punched and kicked the officer, authorities have said.

Schindler’s experience training in mixed martial arts was a factor in determining his bail amount, authorities said previously.

If convicted, Schindler faces up to eight years in prison and Stucky up to five. Griess faces a maximum of four years in the county jail, if convicted, prosecutors said.

Schindler remains in custody at the John Latorraca Correctional Facility on $250,000 bail. The other two defendants remained free on bail bonds, according to jail records.

This story was originally published February 4, 2015 at 8:17 PM with the headline "Three men to stand trial in assault of Merced police officer."