Judge grants diversion in 'disturbing' case of off-duty BPD officer accused of breaking bones
Aug. 10—A Kern County Superior Court judge granted mental health diversion Thursday to a Bakersfield Police Department officer charged with punching and kicking a man who reportedly hit the off-duty officer with a vehicle.
It was an isolated incident when Damian Romero, 44, caused what police reported to be four fractured ribs and a fractured wrist on the victim — a "relapse" because he wasn't taking the appropriate medication, said Steven Alvarado, an attorney who specializes in defending peace officers. His client has previously been a staple in the community for 15 years, he added.
But Deputy District Attorney Cole Sherman noted Romero was recommended to take medication to treat his mental health issues prior to the incident and he didn't. The defendant inflicted the injuries on an older and much smaller man, he added. Romero is 6 feet, 2 inches tall and weighs 235 pounds, according to a BPD probable cause declaration.
"He had a treatment plan," Sherman argued. "It didn't prevent this incident."
Judge Elizabet Rodriguez, while acknowledging she's not a mental health expert, said the "persuasive" reports created by experts say Romero will be responsive to treatment. He's been charged with two felonies: battery with serious bodily injury and vandalism costing at least $400.
The defendant's mental health played a big role in the incident, and he isn't a risk to public safety because he doesn't have a criminal history, Rodriguez added.
"While this particular case is very disturbing and how it happened (because of the disparity in the size of the individuals) ... the court does not find that the defendant will pose that unreasonable risk of danger," Rodriguez said.
The mental health diversion could last up to two years and Rodriguez set a hearing on Sept. 27 to determine Romero's mental health treatment plan.
In July of last year, Romero was hit by a driver in a parking lot in the 6900 block of Valleyview Drive, according to a BPD probable cause declaration.
Romero found the vehicle after he was hit and confronted the motorist, the report adds. He punched the victim so that he fell and then kicked him numerous times in the torso, the report added.
The report said Romero also broke the passenger-side headlight and brake light of the victim's vehicle, causing more than $800 in damages. He admitted to police that he confronted the victim and damaged the car, the report adds.
BPD spokesman Sgt. Andrew Tipton wrote in an email that Romero is still employed by the department and is on administrative leave.
You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.
