ESCONDIDO: DA reviewing case against two arrested at checkpoint

OFF THE WIRE
By EDWARD SIFUENTES - esifuentes@nctimes.com
North County Times - The Californian
Police say two men refused to provide driver's license..
The San Diego County district attorney's office is weighing whether to prosecute two men who allegedly refused to cooperate with police officers at an Escondido sobriety checkpoint last week.
Officers broke the driver's side window and arrested Daniel Alfaro and Angel Navarrete, both 24, on charges of obstructing a police officer at about 7:35 p.m. during the checkpoint held Feb. 11. Police say the driver, Navarrete, failed to provide the officer with a license when asked.
"We are currently reviewing the case," said Steve Walker, a spokesman for the district attorney's office. "No charging decision has been made, yet."
It was unclear as of Friday afternoon exactly what happened during the checkpoint stop, including what prompted the police officers to break the window and why the passenger was arrested.
Police declined to comment, saying the case could be headed to court. Alfaro declined to be interviewed saying he was seeking legal representation.
This is the latest incident in a growing conflict between the Escondido Police Department and activists who have criticized the department's policy of conducting frequent checkpoints to crack down on drunken and unlicensed drivers.
Anti-checkpoint activists have held numerous protests near the traffic checks warning drivers of the operations. They have accused the Police Department of harassing them because officers videotaped and photographed protesters and asked them to move away from certain locations.
Police Chief Jim Maher has said the protesters endanger the public by warning potentially drunken drivers about the checkpoints.
Alfaro, who was mistakenly reported as the driver of the vehicle in a previous report, is affiliated with Alianza Comunitaria (Community Alliance), a North County-based group that opposes checkpoints and immigration raids. Police confirmed on Friday that Alfaro was not the driver.
Navarrete could not be reached for comment. It was unknown if he was a member of the group.
The alliance was formed in 2008 to oppose immigration raids and police checkpoints because they "break up families" and "displace people from their homes," according to the group's website.
The phone number on the group's website is the same as that for the Escondido Human Rights Committee, an Escondido-based immigrant rights organization.
Jenifer Leiendecker, an anti-checkpoint activist, said Alfaro has attended several area checkpoint protests in recent weeks.
At a checkpoint several weeks ago, she said, he was handing out educational materials on behalf of the alliance to drivers in the secondary screening areas regarding individual rights at checkpoints.
At the Feb. 11 checkpoint, Alfaro had a video camera and may have been videotaping as he and Navarrete drove into the checkpoint. Police seized the video camera as evidence.
Police said that when an officer asked the driver of the vehicle to provide a license, the driver made "no attempt of any sort" to produce one. The doors were locked and the windows weren't lowered more than an inch, Lt. Neil Griffin told the North County Times the day after the checkpoint.
"With the window all the way down, we can very quickly and efficiently evaluate as many drivers as possible if they are under the influence of alcohol," Griffin said.
Neither man was determined to be under the influence of alcohol, police said.
Chris Cochran, a spokesman for the state's Office of Traffic Safety, which provides the grants that fund the sobriety checkpoints, said drivers are required by law to provide their license to a police officer upon request.
However, it is unknown how far drivers must roll down their windows when driving through a checkpoint. Cochran said he was not aware of any laws that clarified that point.
Leiendecker and Carmen Miranda, a former City Council candidate and outspoken critic of the checkpoints, said it was out of character for Alfaro not to cooperate with police.
"He is very young and very sweet," Leiendecker said. "It's really inconsistent with him."
Call staff writer Edward Sifuentes at 760-740-3511.