A federal judge ruled Monday that a former Fresno police officer, who is a defendant in an excessive-force civil lawsuit, will be allowed to give depositions and testify at his trial.
Marcus Tafoya had invoked his Fifth Amendment right against self-incrimination in the federal lawsuit because he was facing criminal charges in the same incident.
In March 2005, Tafoya and fellow officer Michael Manfredi were alleged to have used excessive force to subdue rowdy partygoers at a party for a Marine returning home from Iraq.
But in January, a Fresno County Superior Court jury acquitted Tafoya of five counts of felony assault by a public officer and a burglary charge related to the party.
With that behind him, Tafoya then sought to reverse invoking his Fifth Amendment right. Peter Kapetan, who is representing or helping represent the 10 plaintiffs in the civil case, objected for multiple reasons. Among them: Tafoya gained a tactical advantage in the case by reviewing the plaintiff's case and previewing evidence while knowing he would not have to testify in the trial.
U.S. District Judge Oliver W. Wanger, however, ruled in favor of Tafoya, saying the former officer was not trying to game the system by invoking, and then seeking to revoke, his right against self incrimination.