Attorneys for former Savannah police officer Octavio Arango lay out their defense

At a motion hearing on Oct. 12, in the criminal trial against former Savannah Police Sgt. Octavio Arango, the defense team claimed Arango's firing in July 2020 for use of force while serving a search warrant actually was a form of retaliation by former Savannah Police Chief Roy Minter against the 15-year veteran officer.

Arango's attorney Mike Schiavone argued that Arango enjoyed immunity from prosecution because his use of force was not excessive nor deadly and that his client also was a victim of selective prosecution because of Arango's participation in a human resources complaint against Minter that was signed by 77 officers and some members of the command staff.

The criminal case centers around an incident that occurred on April 14, 2020, the same month Arango signed the complaint. Arango and his partner Daniel Kang detained the wrong person — Darryl Faitele, the cousin of a suspect in a domestic violence complaint — during an attempted execution of a search warrant at the Moss Pointe Apartments. Both Arango and Kang were placed on leave and fired three months later.

Resulting Lawsuits: Former Savannah Police officers allege retaliation for firings in 2020 use-of-force incident

In Sept. 2020, a Chatham County grand jury indicted Arango of misdemeanor battery and felony false imprisonment. If convicted of the false imprisonment charge, Arango could face up to 10 years.

Fatiele has since filed a civil lawsuit against the city, and Kang has filed a federal lawsuit against the city for discrimination.

Arango’s defense

The motion hearing presented an opportunity for Arango to speak publicly in his own defense since the incident happened two years ago.

Arango argued at the hearing that his use of force was not excessive, as alleged by Michael Edwards, the assistant district attorney prosecuting the case. Arango testified that he was scared throughout the execution of the search warrant — a fear, he testified, he had when executing every search warrant during his eight months with the Search Warrant Squad.

Arango claimed the charges, like the firing, were motivated by retaliation from Minter. During the same period Arango served the search warrant with Kang, both officers had signed and submitted a human resources complaint against Minter, alleging that Minter had gutted the independent internal affairs process within the department, had limited training and promotional opportunities for rank and file officers, and misled the public and media on the impact of staffing shortages. The HR complaint was signed by 77 officers within between April 12-15, 2020.

Arango’s defense team said that the punishment Arango and Kang received compared to other officers in the department who had been subject to internal affairs investigations supported their claim of retaliation.

Schiavone asked testifying witnesses about former gang unit detective Adrian Gates. Gates was rumored to have gang ties, but still remained on the force even after internal affairs investigators recommended Gates's termination. Minter, instead, placed Gates on 40-hour suspension. Two weeks later, Minter moved Gates to patrol. Gates ultimately was fired in Sept. 2020.

Schiavone had subpoenaed an assistant district attorney to testify whether Gates would be the subject of a future indictment, but a motion to quash that testimony was granted by Judge Timothy Walmsley.

The defense team also questioned testifying witnesses about officer Latrelle Gooddine, who was fired on Aug. 9 during the course of two internal affairs investigations. Those investigations involved Gooddine's role in an attempted hanging by a suspect in custody on Dec. 14, 2021, and her association with Rashiid Wright, a man arrested for murder, cocaine distribution and other violent offenses.

Schiavone also claimed that Arango and Kang were caught up in the swell of public protest calling for greater police accountability and defunding following the murder of George Floyd by Minneapolis police officer Derek Chauvin.

As evidence, Schiavone pointed to the press conference Minter, Mayor Van Johnson, and then-District Attorney Meg Heap held on the steps of the Chatham County Courthouse on Aug. 12, 2020.

Minter said Kang and Arango’s conduct was “totally unacceptable and totally egregious on their part.”

Heap said she viewed the body camera video and wouldn’t comment on an open case, except that “it was sufficiently concerning that I decided to immediately schedule it for a grand jury.”

Minter wasn’t subpoenaed for the motion hearing, because Schiavone thought he may have been out of the state. In late June, Minter resigned as police chief to focus on the confirmation process for his nomination to serve as U.S. Marshal for the Southern District of Georgia.

Johnson was originally subpoenaed, but Schiavone declined to call him to testify.

But Heap, now a member of the State of Georgia Board of Pardons and Paroles, testified at the hearing.

Schiavone argued that the way Heap acted during the press conference was unique and unusual. Asked whether she would normally discuss criminal charges, Heap testified that she would never give evidence about cases; she would only discuss policies and procedures.

Internal affairs testimony

Because the criminal and civil cases into Arango's actions remain ongoing, SPD’s internal affairs files regarding the April 2020 incident remain under wrap. However, testimony during the motion hearing from Lt. Joseph Toth, one of the SPD internal affairs investigators who oversaw the case, offers more insight.

Toth testified that IA wasn’t looking at the case from a criminal standpoint. Toth said they were looking at the case from only a policy standpoint. Although Toth admitted that he found fault with some of Arango's actions in 2020, he recommended to Minter that Arango be suspended for 15 days.

IA investigator Richard Wiggins testified that he "wavered" on whether he thought Arango committed a crime during the commission of the search warrant, although he saw no issue with the detention of Faitele.

After more than five hours, the motion hearing was continued. A trial docket in the case is scheduled for Oct. 31.

Drew Favakeh is the public safety reporter for Savannah Morning News. You can reach him at AFavakeh@savannahnow.com.

This article originally appeared on Savannah Morning News: Former Savannah Police Sergeant denies using excessive force in firing