Attorneys for a former Daly City police officer accused of brutalizing a suspect will ask a judge to throw out their client’s misdemeanor conviction for brandishing a weapon after the same jury acquitted him of one count of unlawful use of force and deadlocked on two other felonies.
A jury on Tuesday convicted Alfonso Esqueda, 33, of the misdemeanor count that could land him in jail for up to a year, said San Mateo County Deputy District Attorney Steve Wagstaffe. Esqueda was acquitted on one count of unlawful use of force. The jury was deadlocked on another count of unlawful use of force and assault with a semi-automatic handgun.
On Dec. 7, Superior Court Judge Marie will hold a hearing on whether to throw out Esqueda’s conviction. His lawyers contend the conviction is inconsistent with the jury’s other findings, Wagstaffe said.
Prosecutors alleged that Esqueda arrested a convicted car thief, then held a gun to his head and demanded the man show him all the stolen cars in the neighborhood. He then allegedly drove the victim around to look for stolen cars while threatening to kill him.