DA Won’t File Excessive Force, Resisting Arrest Charges in Denunzio DUI Case

The Office Cites Differing Accounts of 13 Witnesses

Wed Nov 30, 2011 | 12:00pm
Santa Barbara District Attorney Joyce Dudley
Paul Wellman (file)

The District Attorney’s Office will not file excessive force or resisting arrest charges related to the incident between Santa Barbara Police Officer Aaron Tudor and DUI suspect Tony Denunzio in the Loreto Plaza parking lot on October 21. While some witnesses said Tudor used excessive force in apprehending Denunzio, Chief Cam Sanchez came out in support of Tudor’s actions, explaining he believes appropriate actions were taken, and that sometimes police work isn’t pretty.

Denunzio, who has two prior alcohol-related driving convictions, was pulled over by Tudor after allegedly changing lanes three times along Las Positas Road without signaling. Denunzio told The Independent he had only one drink at the Boathouse restaurant that night, but his attorney and the DA’s office confirmed Tuesday that a blood sample taken right after the incident showed Denunzio’s blood alcohol content was .09 percent. His attorney, Darryl Genis, questioned the manner in which Denunzio’s blood was drawn, however, and plans to mount a legal attack challenging the sample. Genis is also having his own lab test a sample of Denunzio’s blood drawn at County Jail prior to his client being taken to the hospital.

In the meantime, Denunzio will be charged with driving under the influence of alcohol, driving with a blood alcohol level above .08 percent, and driving on a suspended driver’s license. He will also face allegations of two prior alcohol-related driving convictions.

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