Fabian Cota, Mesa Police Officer, to Appeal Demotion That Followed San Diego Arrest for Alleged Public Drunkenness

Categories: Cop Gossip

cota fabian 2.JPG
Javier Fabian Cota, former president of the Mesa Police Association, was demoted last year after reports that he'd been detained while drunk in San Diego.

Two San Diego police officers are lying to cover up evidence of last summer's illegal "attitude arrest" of former Mesa Police Association president Fabian Cota.

At least, that's what Cota claims.

The officers, on the other hand, say they detained Cota because he was yelling at them drunkenly from a pedicab as they tried to interview another person.

Cota will get the chance to confront the officers during an upcoming appeal of his demotion from sergeant to patrol officer over the incident. The city of Mesa is flying the witnesses out for the hearings on March 14 and 15.

Last year, the city of San Diego rejected a $2.75 million claim Cota filed for false arrest and violation of rights. He says he's still contemplating filing a lawsuit, which he can do until April. He also says that he may yet sue Mesa.

The incident was costly for Cota, costing him $40,000 a year in pay. He also had to step aside from his job as a union official.

Cota says he's being railroaded by two corrupt police departments -- his own, and San Diego's.

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Image: Ray Stern
Fabian Cota, now a patrol officer for Mesa PD, met us recently at a local coffeeshop on his day off to give an update on his struggle to appeal a demotion.

He points out that the San Diego cop shop has busted numerous officers for unethical behavior in the last few years, including one recently sentenced for sexually assaulting DUI suspects.

Two of these allegedly amoral officers were patrolling the Gaslamp district in downtown San Diego at about 3 a.m. on June 4 when they encountered Cota, who admits he'd had "five drinks" that night.

Cota says he was out with his nephew following a wedding in the area they attended. His nephew had already signed up to be the designated driver for the pair, Cota says. But when they prepared to drive back to the hotel, they couldn't find their car. They bumped into a pair of friendly girls who were looking for their own car and all hopped into a pedicab to look for the vehicles.

One of the girls spotted her car and got out of the pedicab. Cota says he wasn't really paying attention, but noticed what he thought were two security guards hassling the girl. He remembers hearing one of the men say to the girl, "Oh, yeah, let's see if you're too drunk to drive."

Cota says he turned to the nearest "security guard," about 10 or 15 feet away, and yelled, "Why are you guys acting like dipshits toward these girls?"

That's when he noticed they weren't rent-a-cops, they were real-a-cops -- and he'd ticked them off with his smart-alecky quip. They asked him to step out of the pedicab, then handcuffed him, Cota says. On the way to a detox facility, they found his union card and laughed at him as they drove, keeping his handcuffs too tight, he says.

Cota was held for four hours at the detox facility and released without charges. He says the supervisor of the facility didn't think he was drunk.

The police report, however, contradicts much of Cota's story.

The two San Diego cops claim they were concerned that the obviously drunk girl from the pedicab intended to drive, and were interrupted as they questioned her by Cota's yelling.

As we reported in June
:


"I told Cota to leave because he was intoxicated and would end up in jail if he stayed," Officer Justin Mattly wrote in his report. "Cota said, 'Well take me to jail you fucking dickweeds!"


Cota says that and other quotes from the police report are pure fiction.

After making a "classic attitude arrest," the officers had to cover their tracks and make the bust look proper, he says. Cota believes the officers conspired to create the bogus account of the events before writing it up.


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26 comments
Mary Frances Prevost
Mary Frances Prevost

Sgt. Cota has filed a federal civil rights suit in San Diego. One of the arresting officers, Ariel Savage, is presently a defendant in another police brutality suit.  Some 12 SDPD officers were arrested for misdemeanors and felonies in the past year, including rape and sexual assault.

http://www.nbcsandiego.com/new...

Hock
Hock

Cota's mom is posting quite often.

Sabrina
Sabrina

How insensitive for you to refer to my Tia who died 8 years ago!

Sgt641
Sgt641

Lead by example, Integrity, Bravery, Honesty, Selflesness etc.  I lived by those for ten years as a Soldier and would expect NOTHING LESS from law enforcement.  It's not that hard to be honest and human.  Well, Maybe it is for some. Scary.

Hahaha
Hahaha

And when you see another San Diego cop about to rape yet another intoxicated helpless female in the gaslamp district, say something! 

charlie_oscar
charlie_oscar

On a side note - The San Diego County Sheriff was the shot caller at Ruby Ridge....Now there is a real scumbaig!

charlie_oscar
charlie_oscar

How many times has Fabs taken drunks to jail for the same conduct?  Opps, forgot...he's been sitting in the union hall collecting 110K per year.  Now he has to get back in the uniform and handle fender benders in 110 degree heat and the domestics and the DRUNKS!

Sabrina
Sabrina

"Fabs" has saved many cops their jobs who would have othewise lost it to the twisted justice of MESA! You must be a member of the FOP because the MPA is MESA's strong union. Of course, the union is only as strong as its members'.

Just today, another MESA cop lost his job because of MESA's DUE PROCESS--"NOT"!

Really, it's fire the cop then, with no income fight for your job back? Oh, that's right that
IS the idea! Guilty until proven innocent!

Things are not always the way the press likes to sensationalize them! Imagine that--who wants to read boring, mundane crap?

So, MESA PD Dept gets to put out press releases and the officer is not allowed to speak to the media! Then, MESA can say oh, you made us look bad! Really, when MESA spoon fed the article to the reporter with their slant?

So, the poor officer who was terminated today does NOT even stand a chance!

Why?

Where is "Fabs" when he's needed?
P.S. Does "Fabs" stand for Fabulous --because more fitting is "AbFab" for Absolutely Fabulous!

JulesB12679
JulesB12679

Reserve your spot at the open hearing on 14MAR12 & 15MAR12 @ 9:00 am!

Come hear for yourself and form your own conclusions on how corrupt or not the City Manager Chris Brady is as well as Mayor Scott Smith!

If we had a strong Mayor we would not need the City Manager and could save the $200K annual salary! Who does Brady answer to--who holds him accountable for his wrongdoings?

Why does Mesa Police Chief Milstead answer to the City Manager Brady?

Tommy Collins
Tommy Collins

 Jules, in most municipal organizations the department directors answer to the city manager and the city manager answers to the mayor and council. However, if the mayor is full time and acts as the city manager the departments heads answer directly to the mayor and the mayor answers to council. It just depends on how the municipality is formed and the type of government they choose. Good question, by the way.

JulesB12679
JulesB12679

Just wondering why Brady with no peace officer or safety qualifications tells the Mesa Chief how to run his dept! From what I know City of Mesa is 500K in population, 3rd largest in AZ behind Phoenix & Tucson and only has ~730 cops down from 850 cops-thx to Brady whose excuse was budget cuts!

Yet, my old stomping ground Rhodes Junior High, boasts of TWO Flowrider Water Parks to the tune of $1.6 million X2 + $7-$10 million for the pools = $10-$15 million

How much are we bringing in on this particular project?

The Personnel Board that Brady personally appoints to determine the fate of Mesa Officers yet Brady can trump their decision in the end--what is wrong with this city?

And Chief Milstead you answer to Brady!

Brady is a power hungry monster that does NOT need to be reappointed! Brady has done nothing but rape the citizens of Mesa as well as the Public Safety, fire and police of their benefits & pay causing the citizens an unsafe community all the while endorsing water parks!

Why are we using public money for the pools & not private funds, i.e. Golf Land & the Cubs?

BadgeBunny
BadgeBunny

Since when is it a crime to be drunk riding in a pedicart? Oh, that's right if you have 28 years as an officer and you have power as the Union Prez and you have sued Brady x3 taking him all the way to the Ninth Circuit --and won proving he violated officers' rights!

You are probably one of those that just grabs your ankles and takes it up the tailpipe!

Do you always do the right thing?

Cota always does the right thing!

Tommy Collins
Tommy Collins

It's funny to hear a veteran cop refer to 'attitude arrest'. Generally speaking the attitude of the suspect is what determines how they will be treated by the cops. If the suspect displays a decent attitude and is cooperative that's generally how they will be treated. Yes, there are asshole cops who treat all people reflective of themselves.

It sounds like maybe Off. Cota was experiencing some 'liquid courage' or 'liquid stupid' and his alligator mouth overloaded his hummingbird ass.

Now, he is paying the price for pretending to be more important than he really is.

In law enforcement we called it, "His badge is shining so brightly in his eyes he can't see reality".

Take your lumps, Cota. It seems you've earned them.

Paco
Paco

Attitude arrestis are blatantly illegal as is arresting someone for what they say. Ever hear of the first amendment. These cops are supposed to defend your right to say anything, even if you direct it at them. It's illegal for them to use their color of authority against you because you said something they don't like. Look it up, so you won't sound so ignorant.

Tommy Collins
Tommy Collins

 Paco, your ignorance is shining through. Probable cause is all that is needed to arrest or cite. Then it becomes a matter of discretion and policy on which action is taken. Many times the 'attitude' of the suspect helps determine the action that will be taken. Show me a law where it says that attitude cannot be used to determine an arrest based on probable cause and I will glad to apologize to you.

Albert
Albert

That "probable cause" is something that isn't used correctly. The Constitution says that probable cause is needed to obtain a warrant to search a place, and the persons or things to be seized. That's how things are supposed to work... Haven't you ever watched an old English movie.. and some solider or official would show up with an "ARREST WARRANT". The current process is completely wrong.Though it would be very time consuming... this is what the Constitution requires, and to this day it has not been Amended to just have probable cause for arrest., 
The Fourth Amendment has been held to mean that generally a warrant must be judicially sanctioned for a search or an arrest. In order for such a warrant to be considered reasonable, it must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a law enforcement officer) who has sworn by it and is therefore accountable to the issuing court

Fourth Amendment- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

And the Fourteenth Amendment  Sec.1 -Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.************ No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;************** nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The section between the the stars prohibit states and all government from PASSING and ENFORCING any LAW/RULE that interferes, restricts with a citizens Enumerated or even Unenumerated Constitutional Rights.

Paco
Paco

Probable cause huh? The CA drunk in public 457(f) requires a person to be incapacitated to the point of needing help walking, completely able to function, disorientation, extreme inebriation causing them to be unable to care for themselves per US and CA case law. Drinking and being in public is not enough. Legally, serious inebriation to almost incapacitation is needed to meet the elements of that statute. Don't take my word, look it up. Case law goes all the way back to the 1960's. 

So how can a SD cop make  that determination from a guy siting on a pedicab from over 10 feet away, in the dark, no field test, breath, eyes, standing, or walking, chemical tests or any admissions?? Simply asking him why he is acting like a dip shit is not PC. 

The only PC I see are against the cops for violating civil rights for a false arrest. There's your PC for attitude. 

Tom
Tom

It's funny you don't know what happened but you act like you know.

Tommy Collins
Tommy Collins

 Just from what I've read, Tom. If you're offended by my opinion that's ok.

Junjun Arca Nazareno
Junjun Arca Nazareno

"They bumped into a pair of friendly girls..." Is that code for prostitutes? 

Bbatts2004
Bbatts2004

Those are the words of Ray Stern!

San Diego Cops R Dirty
San Diego Cops R Dirty


He is a Mesa cop not a San Diego cop like this one arrested for kidnapping & raping a prostitute ON DUTY. San Diego Officer Daniel Dana. Google him.

Mowryfamily1999
Mowryfamily1999

WELCOME TO THE REAL WORLD!!

It is called POWER!!   Will due process of law prevail?  Start praying.

Hold Mesa Accountable
Hold Mesa Accountable

No one in Mesa trusts or likes Brady and his corrupt way of doing business. Employees can't stand him. He is as arrogant as he is underhanded. 

Walter Concrete
Walter Concrete

He's the dickweed.    He got what he deserved.   Five drinks, huh?    Try ten.

Hotofabian
Hotofabian

Fabian looks like he's in need of a man-bra.  Maybe he's liking the big chi-chi look?

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