DA’s Office to Retry Tony Denunzio on DUI Charge

By Giana Magnoli, Noozhawk Staff Writer | @magnoli | updated logo | Published on 03.14.2013 8:02 p.m.

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The Santa Barbara County District Attorney’s Office announced Thursday that it will retry DUI defendant Tony Denunzio, whose case resulted in a mistrial this week.

Tony Denunzio

Denunzio, of Santa Barbara, was arrested in October 2011 in a traffic stop that was caught on video in the arresting officer’s patrol car.

The Santa Maria Superior Court jury was deadlocked earlier this week in the case. Defense attorney Darryl Genis successfully argued to get the second count — driving with a blood-alcohol level of .08 or higher — thrown out.

“Although members of our community disagree regarding the events that occurred during the arrest of Mr. Denunzio — some believing he unlawfully resisted arrest, while others believing he was the victim of excessive force — that issue, although significant in its own right, does not control the issue of whether Mr. Denunzio was driving under the influence,” District Attorney Joyce Dudley said. “Clearly, the crime of driving under the influence can destroy lives and those who do drive under the influence should be held accountable. Therefore, given the present state of evidence in this case, I believe it is our responsibility to retry this defendant.”

Jurors were hung 8-4 in favor of guilt, Deputy District Attorney Mai Trieu said.

Denunzio was found guilty Thursday on the remaining charge of driving with a suspended license, which was separated from the DUI case.

Denunzio was pulled over by Santa Barbara police Officer Aaron Tudor on suspicion of DUI after allegedly changing lanes without signaling on Las Positas. He has been spotted earlier leaving Arroyo Burro Beach, where he had a cocktail at the Boathouse Restaurant.

Statements released by the police said Tudor couldn’t get Denunzio to get on the ground and put his arms behind his back to be handcuffed and was resisting arrest, so the contact escalated from a hand on the arm to a trip, hand and knee strikes, and using a Taser multiple times.

Tudor and police officials say Denunzio was resisting arrest, while Denunzio and a number of eyewitnesses say he was not resisting and have alleged that Tudor used excessive force.

— Noozhawk staff writer Giana Magnoli can be reached at .(JavaScript must be enabled to view this email address). Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.

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» 14noscams on 03.14.13 @ 09:11 PM

So Dudley is going for a DUI conviction based on a BAL < .08, since Rigali dismissed that charge. And Tudor followed Denuncio, who Tudor believed was DUI, for over 4 miles without attempting to pull him over. O, what a tangeled web we weave… If 500 people with no knowledge of this incident or of the origin or intended purpose of the video were to watch it and give comments on any topic related to trip made by the black pickup from Hendry’s Beach to Loreto Plaza, the number who mentioned DUI would be below the error in recording the comments made by the 500 viewers.

» lou segal on 03.14.13 @ 11:59 PM

I would like to know what evidence they have for the DUI. I wish Giana would tell us what the prosecutors are relying upon to convict him of the DUI. Remember, this has to be beyond a reasonable doubt. So Giana next time you write about this case, please let us know.

» Methinks on 03.15.13 @ 01:47 AM

Have you seen the guy’s booking photo? I think he was punished enough the night of the incident.

» Paul Zink on 03.15.13 @ 09:04 AM

What is missing in the community dialog is the fact that we did have dash cams in our police cars and they were removed under the police Chief’s watch. It was only because of Peter Lance’s exhausting free press that the community learned that they were removed. By shear luck Officer Tudor was in a police car that night with a sample dash cam. Without that loaner from a company trying to win the City’s new contract, the trial in Santa Maria would have been about police abuse with several citizens saying what they saw was wrong. That one decision to remove the cameras could have been disastrous. Thank you Peter Lance.

» interloper on 03.15.13 @ 10:34 AM

Where is the outrage that convicted drunk driver Denunzio was driving (after consuming a alcoholic beverage)when his license had been revoked?
The comments by a confused but vocal minority on this arrest makes the criminal out to be the victim.. God help us!

» 14noscams on 03.15.13 @ 11:17 AM

lou segal: There’s no evidence. The DA’s allegation that Tudor was DUI is an oxymoron, since Tudor allowed him to drive over four miles without a traffic stop.

» Andrew on 03.15.13 @ 12:37 PM

I agree that “interloper’s” comments are the only ones that really make any sense to me. When under probation for DUI and a suspended license I don’t think ANY amount of alcohol is allowed. He drank and drove without a license. Pretty simple.

» 14noscams on 03.15.13 @ 01:18 PM

interloper: “Where is the outrage that convicted drunk driver Denunzio was driving (after consuming a alcoholic beverage)when his license had been revoked?” Deeply buried beneath the outrage over 1)Tudor’s unwarranted violent attack, 2)Beutel’s many instances of forgery and routine intentional practice of creating artificially high BAL readings through misuse of a breathylyzer as an aid in convicting innocent people, 3)SBPD’s destruction of evidence of Beutel’s forgery, 4)city government’s and the DA’s and SBPD’s support for police corruption, 5)retaliation by Dudley and City attorney Wiley by citizens who were victims of Beutel’s forgery, 6)complicit support for Beutel’s actions in planting heroin on a citizen of SB and charging her with heroin sales in SBCJ, 7) complicity by all representatives of local government in support of these behaviors, destroying the credibility of local government and the legal justice system and supporting the option of a society that relies on its defense through the use of guns and violence rather than law as the optimal means of promoting public safety.

» lou segal on 03.15.13 @ 01:24 PM

As far as I can tell, he wasn’t charged for having one drink with a suspended license. Is this a criminal code violation? He was found guilty of driving with a suspended license.

On the DUI charge, as far as I can tell, there is not a shred of evidence suggesting he was under the influence. The police and the DA can’t charge or convict someone of breaking a particular law if there is no evidence. He didn’t fail the breathalyzer or any other sobriety test.

» Riddler on 03.15.13 @ 02:18 PM

The story that won’t go away! It’s too bad we don’t have investigative reporters like we once did that could dig into what has turned into Santa Barbara’s version of Rodney King. My gut feeling is, this a story of retaliation. Denunzio, a shady character with what appears to be an alcohol problem, is meeting someone for a drink (who?), and he ends being followed for miles by the police, getting bones broken, thrown in jail, and given a modern day tar and feathering in the media by representatives of the police, their union, and the DA’s office. The chief declares there is no need for review, the witnesses (those are the people that were actually there) are discredited like criminals themselves. The cop groupies join in a smear campaign against Denuzio in all the local media outlets by posting lies and misquotes that are of a personal nature and nothing to do with the DUI charges. Denuzio’s family is dragged into the spot light for the sole purpose of character assignation. The case is moved to Santa Maria.

As a former news researcher, I know a story when I see one, and this story runs deeper than the events that took place that night. Who did Denunzio anger in the local power structure and is he being made into the poster boy for the Peter Lance retaliation crowd.

» lou segal on 03.15.13 @ 03:05 PM

Excellent comment, Riddler.

» interloper on 03.15.13 @ 03:32 PM

14noscams: It looks like you have had issues with the authorities, and obviously are looking for somewhere to grind your axe. Regardless of that- the facts are that the SBPD conducts numerous drunk/impaired driver and other arrests every week. Do they all end up with those arrested sustaining injuries? Obviously not as Ms. Falcone can attest to. Denunzio clearly attempted to walk away (flee) from Tudor. He clearly resisted being placed into custody, and unfortunately sustained injuries.

Calling someone something moronic like “bone breaker” in a attempt to place blame on the police is sophomoric at best.

As to your other issues, I think a mental health professional or guidance counselor should be able to get you back on track!

» grundss on 03.15.13 @ 03:42 PM

why would a news researcher make speculative comments and prior to the research make it plain which way he leans..i can see why you are a former researcher.

his family was already dragged in because he went to jail for battery on his girlfriend’s son last year.

» doveab on 03.15.13 @ 04:44 PM

UGH! This makes me so mad. This is CORRUPTION at its worse. The SB Police Department knows they are guilty and that Tony DeNunzio is innocent (the witnesses were there and are telling the truth). When all is said and done, Mr DeNunzio has a huge case against these criminal rookies. Good thing the public is not buying this awful smear campaign. I just hope the outcry against these thugs comes to light and Mr. Denunzio gets justice. Sue them, Tony and do not relent!
In the end, The SB Police Department, The SB Newspress, and the DA are implicit in injustice against an innocent man.
People, rise up and let’s hold them accountable. Just think if this was your brother, son, or father?

» doveab on 03.15.13 @ 04:49 PM

TUDOR IS GUILTY.

» Riddler on 03.15.13 @ 08:28 PM

Why wouldn’t I speculate? I have opinions that come from having more time on the crapper than most of you wannabes have on the streets. I’ve dealt with all sides of these stories, and they always take a turn no one expects. Whistleblowers come out of the woodwork, the suspect gets a case consciousness, new video/photos, new witness, and on and on. I speculate just as you speculate there is nothing more to the story.

Release the all the videos, radio calls, cell phone records, witness statements, interviews, medical reports, and then you can put an end to the speculation. Most importantly conduct a real investigation. The government/police ask the same question when they want to conduct a warrantless search or interrogate a witness, “If you’re not guilty then what do you have to hide?” I’m asking the same question. The standard canned answer that these are personnel matters that can’t be released is Bull!

To answer your “speculation” why I’m not doing the same thing let me say this: Those of us who are not cubical hamster government workers living for early retirement, dreaming of the RV, and free chips with the adult beverage at Chillis move up and move on in life and career.

» Please on 03.16.13 @ 07:18 PM

Bottom line - this clown was driving while impaired! If he was roughed up that’s a separate issue.

» John Q on 03.16.13 @ 07:47 PM

I hope Dudley loses again.