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Ex-UCSB Police Officer Found Guilty Of Misdemeanor DUI, Jury Deadlocks On Second Count

A former UCSB police officer was found guilty of misdemeanor driving under the influence, but jurors deadlocked on the second charge against Antonio “Tony” Magaña in Santa Barbara County Superior Court Wednesday.

The jury of four women and eight men returned with its verdict in Judge John McGregor’s courtroom in Santa Maria. 

Magaña, 49, faced two misdemeanor charges of driving under the influence of alcohol and for driving with blood alcohol level higher than 0.08 on July 3, 2015. He also failed to submit to a blood test.

The judge declared a mistrial after the jurors said they were hopelessly deadlocked on the second count.

The second charge was immediately dismissed, so the defendant will not face a retrial on that charge.

The case was prosecuted by Deputy District Attorney Jillian Ostrove.

"I would like to thank the officers at the California Highway Patrol along with the Department of Justice for all their hard work, as well as all those who assisted in the investigation and preparation of this case," Ostrove said. "We appreciate the members of the community who took time out of their lives to serve on this jury."

UCSB police officer Tony Magaña testifies as a witness during the preliminary hearing for an Isla Vista Deltopia criminal case. Click to view larger
UCSB police officer Tony Magaña testifies as a witness during the preliminary hearing for an Isla Vista Deltopia criminal case.  (Noozhawk file photo)

Magaña was represented by Darryl Genis during the trial. However, defense attorney Billy Redell stood in for Genis, who had a scheduling conflict, on Wednesday.

“I’m disappointed in the verdict,” Genis said, adding he isn’t surprised given some of the judge’s rulings which the defense attorney contended were in error. 

Genis said he intends to file a motion for a new trial, which will be heard prior to sentencing. 

The defense attorney also has recommended Magana file an appeal. 

“I think Mr. Magana should appeal it because I think the judge erred in the way he instructed the jury,” Genis added.

Magana was stopped in Lompoc for allegedly having tinted windows, although Genis contends they were not tinted.

The judge ordered Magaña to return for sentencing on Feb. 14. 

Sentencing for the offense could range from probation to jail time, along with a fine.

He not longer works for the UCSB Police Department.

Magaña is the alleged victim in an ongoing criminal case involving a Los Angeles man accused of swinging a backpack full of liquor bottles into the UCSB police officer’s face during Isla Vista’s Deltopia event in 2014. 

Noozhawk North County editor Janene Scully 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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