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Noozhawk.com Santa Barbara & Goleta Local News

Trial Begins for Tony Denunzio in Controversial DUI Case

By Giana Magnoli, Noozhawk Staff Writer | @magnoli | Published on 03.04.2013 8:16 p.m.

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The trial is under way for a DUI suspect arrested by Santa Barbara police in October 2011 after a controversial traffic stop.

Tony Denunzio, 50 at the time, was pulled over by Officer Aaron Tudor on suspicion of driving under the influence.

After the stop in the Loreto Plaza parking lot, Denunzio got out of his truck, which prompted a physical response by Tudor, who hit, kicked and repeatedly Tasered Denunzio. Some of the confrontation was captured by a dashboard video camera in Tudor’s patrol car.

The department has since installed them in every patrol car, but it was happenstance that Tudor was driving the one vehicle with a camera that night.

Opening statements and testimony in the case started Friday, with Tudor and a phlebotomist — who draws blood samples — on the stand, according to Deputy District Attorney Mai Trieu.

Denunzio, represented by Darryl Genis, has pleaded not guilty to charges of driving under the influence, driving with a blood-alcohol level above 0.08, driving on a suspended license, and allegations related to two prior convictions for alcohol-related driving offenses.

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.

An investigation by the Santa Barbara County District Attorney’s Office did not find sufficient admissible evidence to file either resisting-arrest charges against Denunzio or excessive-force charges against Tudor.

An internal investigation was initiated against Tudor, although Police Chief Cam Sanchez has said his officer did nothing wrong.

The case was transferred to Santa Maria, and Judge Edward Bullard ruled last January that the police had probable cause to pull over and arrest Denunzio.

Police have said that Denunzio was stopped because he was missing a front license plate and changed lanes without signaling.

The trial continues this week in the Santa Maria branch of Santa Barbara County Superior Court.

— 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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» sweetgrass on 03.04.13 @ 08:46 PM

Its obvious the guy was stopped using profiling.. But Im sure he can get off if he retains the same attorney as Precila Susman,she only got 40 days for killing someone while drunk driving while stupid.

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» Overtaxed Taxpayer on 03.04.13 @ 11:00 PM

This female cop who wants to be a man should be fired.

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» grundss on 03.05.13 @ 09:02 AM

overtaxed but uninformed….tudor is a male cop.

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» Overtaxed Taxpayer on 03.05.13 @ 09:58 AM

I was thinking of the female Santa Barbara cop that had the all time record in Calif for DUI convictions, and the unethical unscrupulous way she did her business. pre arrainged or signed reports etc, and she was nevr fired.

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» Riddler on 03.05.13 @ 11:18 AM

Denunzio is a drunk who should have been stopped and arrested. What happened afterwards is a thug with a badge decided to be judge, jury, and executioner. Tudor’s action were supposed to send a message to the city about what could happen during drunk driving arrests and served as a warning to all the Peter Lance types that stand up to police corruption. Kasigate, the series Peter Lance wrote about, the cover-up, and Judge Hill’s dropping of the case to save the crooked cop will eventually be exposed, and so will bone breaker Tudor.

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» 14noscams on 03.05.13 @ 03:17 PM

Riddler: Don’t forget the SBC jail booking area video of Kasi Beutel planting heroin on a woman she’d arrested for DUI, who was then charged with bringing heroin into the jail for sale, lost her job, reputation, etc, also Judge Hill’s, Joyce Dudley’s, City of Santa Barbara’s and other SBPD officers’ help in protecting criminal cops by ignoring the illegal destruction of Beutel’s forged Trombetta waivers. Also the City of Santa Barbara, SB sheriff’s, and SBPD’s new policy of refusing to release records and city of SB’s repeal of SBPD record retention law following these incidents to conceal further corruption.
As Ramparts investigator Tom Parker stated over a year ago, we have a completely nonfunctioning police department. He omitted the fact that we also have a completely nonfunctioning city government, DA’s office, and sheriff’s department.

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» interloper on 03.05.13 @ 10:03 PM

The level of entitlement in previous comments is appalling.
Denunzio was driving drunk. If he’d killed your spouse, child or parent would you view things differently? After being stopped he clearly resists being detained- possibly because of his prior drunk driving convictions?

The video speaks for itself: http://vimeo.com/33047334

Thank you SBPD and Officer Tudor for keeping the drunks off the roads.

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» 14noscams on 03.06.13 @ 06:51 AM

Interloper: The CHP officer who started his shift intoxicated and hit two parked cars could have hit a parent pushing a baby stroller or an elderly person using a walker. His job was driving the vehicle that hit those cars. He committed no crime, according to the court. Why wasn’t he brutally beaten bya public safety officer? Denuncio was clearly capable of driving without colliding with stationary or moving objects. Your interpretation of the video is unique relative to youtube comments by viewers of the video.

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» capmotion on 03.06.13 @ 08:17 AM

There are increasing instances of brutality by cops regarding DUI stops/arrests, over there and elsewhere in this state, and I wonder when we are going to start to concentrate on the terrorism against out own people on our own streets and leave the supposed terrorism in the Far East alone. And as for our constant condemnation of some governments around the world, we have no moral legitimacy in self-righteousness about things done by other governments when we regularly turn a blind eye to the outrages by our own.

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» Riddler on 03.06.13 @ 11:15 AM

For all you cop groupies that are under the ether of paranoia, no one is defending Denuzio’s criminal conduct. Denuzio didn’t even have a driver’s license because it was suspended due to prior DUI’s. I could care less about Denuzio and all the other drunks and dopers; what I care about is out of control cops and cover-ups, breaking bones on routine traffic stops, and Sanchez and Dudely circling the wagons before an investigation even started.
Interloper, what if Bone Breaker Tudor kicked the tar out of your spouse, child or parent would you view things differently? Interloper wrote, “After being stopped he clearly resists being detained- possibly because of his prior drunk driving convictions? “ Denunzio wasn’t stopped he was followed for miles until he reached his destination, parked his van, and proceeded to walk towards the store entrance until Bone Breaker Tudor attacked him and broke another suspects bones. Tudor didn’t light it up until they got in the parking lot.
One more thing, what about all the solid citizens that witnessed this event and spoke out, some filed complaints because they were so outraged at what they witnessed.

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» capmotion on 03.06.13 @ 12:15 PM

Thank Heavens Riddler understands - one’s misdemeanor criminal conduct [even if it were proven, over a presumption of innocence] does not invite constabularial brutality. We are far more statist now than in 1776 - the people writing here would be celebrating King George and decrying those irresponsible “criminals” like Madison, Hamilton, Jay, Washington. Sorry state of affairs.

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» interloper on 03.06.13 @ 10:34 PM

@capmotion: I am all for holding police accountable for unwarranted use of force. But this clearly is not one of them.
Just as Denunzio chose to violate numerous laws with his drunk driving, he also chose to ignore the police officer’s lawful orders. Is anyone going to say that if Denunzio had followed the officer’s instructions any of this would have occurred? Seriously people!

@Riddler: Your statements that you ‘could care less about drunk drivers or dopers’ is truly one of the most ignorant comments I have ever read. It is obvious that you have never lost someone close to you from a under the influence driver, or seen the damage that they cause to the victims and their families.
It is also apparent that you lack the slightest insight into how the police keep the public safe. They can follow vehicles to develop probable cause to initiate a traffic stop, and to answer your question if someone I know resisted arrest they chose the path of escalating to violence, not the officer.

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» Riddler on 03.07.13 @ 11:20 AM

Why are you lying, Interloper? Is it because it has become second nature?
Interloper replies: “Your statements that you ‘could care less about drunk drivers or dopers’ is truly one of the most ignorant comments I have ever read. It is obvious that you have never lost someone close to you from a under the influence driver, or seen the damage that they cause to the victims and their families.”
No were in my posting did I say “Care less about drunk drivers.” I said, “I could care less about drunks and dopers.” Meaning Denunzio can rot in jail with all the other drunks and crack heads. Are you so blinded with rage, like some with roid rage, you can’t think straight.
A complete misquote of what I wrote, and you misquoted it on purpose with the sole intent of justifying the bone breaking attack against an American citizen that was repeatedly beaten for violating the law. You do remember those folks, the American citizens that are innocent until proven guilty.
Free people, Interloper’s twisting (perverting) of the comments and misquotes are analogues to the rhetoric that comes from the union shills those charge with maintaining the Blue Code of Silence.
Interloper, have another drink – think about that early retirement package, getting that RV, and double dipping.

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» interloper on 03.11.13 @ 09:21 PM

Riddler I suggest you contact your mental health professional as your neurosis is clearly in charge. Say what you want now, but your previous post speaks volumes.

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» capmotion on 03.12.13 @ 02:57 AM

Interloper: “he also chose to ignore the police officer’s lawful orders.”

That idea has always fascinated me: what makes a cop’s order to a citizen on the street to stop a “lawful order”? If I tell someone to stop, does he have to do so? If sovereignty lies in the people, then how can the power we have delegated to OUR servants rise above the power we enjoy? Even though this is not the place to resolve this conundrum, I have to say that only in a police state can the order of a policeman become a “lawful” command, and then one would have to alter the definition of “law.”

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