When 20-year-old Derek Uh was left to die of heat stroke inside a metal encased police van, four officers were charged for causing his death.
Among them were Isaias Sanchez and Rosario Romero, the two men who last month saw those charges dropped on the orders of the DPP.
Now, one or both of those men could end up suing the police department. We asked the COMPOL about it today.
Chester Williams, Commissioner of Police
"Again, when we look at the issue of malicious prosecution, the fact that a matter was withdrawn against you does not make it malicious prosecution, the law is clear that the prosecution must have been done with malice and would have had to cause you, um, loss, meaning cause damage to your fame or reputation, I, I don't think that what transpired would amount to that, certainly there was reasonable cause for the police to have arrested those persons
who were arrested, again it was done based on instructions obtained from the DPP's council, they are the ones who normally advise the police, and again if it is that when the investigation is completed in it's entirety and it goes to the DPP office for a full review before going to PI, if the DPP were to find that the evidence was not strong enough against the individuals then the DPP can withdraw which was what was done in this particular instance, when the DPP reviews the file and saw that, not to say that there was no evidence but there was not sufficient evidence, um, that she believed would have resulted in a conviction, she withdrew, now had she found that there was not sufficient evidence that could have lead to a conviction and proceeded with the prosecution, then you would have been able to say that there is some degree of malice there but the DPP office did what they believe and they were, the matter was withdrawn against them so anybody can sue you know, the question is, how far it is going to go, and so we just wait and see."
The case against the other two officers allegedly responsible for Derek Uh's death, Borland and Peralta stands. A preliminary inquiry against them began on July 14th. We'll keep following this story.
