Federal jury vindicates Sandy police in Rubio case

By Jim Hart

The Sandy Post, Jan 26, 2010 (3 Reader comments)

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The city of Sandy, its former police chief and several officers were held blameless in United States District Court on Friday, Jan. 22.

The five claims a federal judge allowed Sandy resident Juan M. Rubio to present in a civil trial were all denied by a jury of four men and four women.

After three days of testimony, the jury deliberated for 4 1/2 hours before reaching a unanimous verdict.

In a long-standing dispute, Rubio challenged the city, alleging its police officers were ill-trained and violated his civil rights, subjected him to unlawful search and seizure and unlawful arrest.

The incidents alleged in the case began with what witnesses describe as Rubio’s alarming display of anger toward Police Chief Harold Skelton during the July 2005 Sandy Mountain Festival parade.

Since it was a popular parade, there were many people watching, said Robert Wagner, attorney for the city.

“There were several independent eyewitnesses (Rob Hungerford, Gary McQueen and Ray Hansen) who told the jury exactly what they saw Rubio do,” Wagner said, “in terms of charging at the chief’s car and hitting the side of it and screaming profanities at the chief and his wife.”

Debra Skelton, Chief Skelton’s wife, was riding in the parade vehicle with her husband, who was driving.

Debra Skelton told the jury last Thursday she was afraid when Rubio came at the vehicle from behind. She said she felt threatened; didn’t know if Rubio had a weapon; and while she was crying she asked her husband if they could leave the parade.

Rubio alleged Skelton did not have probable cause to arrest him, even though he had reportedly threatened to kill Sandy police officers.

Wagner said the jury was able to hear much about what, in Wagner’s opinion, was described as: “Mr. Rubio’s troubled mental health and anger management history.”

A turning point in the trial could have been, Wagner surmised, when the jury heard confirmation of Rubio’s irrational behavior in Rubio’s own testimony when cross-examined by Wagner.

“In my opinion, he had to admit to some fairly violent behavior in the past,” Wagner said, “and some significant mental health problems.”

Rubio’s encounters with police officers have been recorded by other agencies in earlier years. A check on his arrest record shows several incidents in the 1990s of alleged assault and felony criminal mischief. One encounter without an arrest happened in Gresham when an off-duty, non-uniformed Gresham officer talked with Rubio and heard his feelings about Sandy police.

David Hickey, a detective with more than 10 years experience with the Gresham Police Department, told the jury he talked with Rubio in August 2004, nearly a year before the parade incident.

Hickey testified about Rubio’s “roller-coaster demeanor,” which went from tears to anger while he threatened to kill Sandy police officers. Hickey said Rubio used the expression “lock and load” when he talked about what he would do if the police hurt his son.

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