Man accused of battery at protest is a no-show at court

By: SCOTT MARSHALL - Staff Writer | Wednesday, October 3, 2007 4:47 PM PDT ∞

VISTA ---- A Fallbrook man may face arrest after he failed to appear in court Thursday morning for his scheduled arraignment on a battery charge in connection with an altercation with an anti-illegal immigration protester.

Reached by phone around noon Thursday, Fernando Guardado, 52, said he did not know prosecutors had charged him or that he was supposed to be in court Thursday morning.

The district attorney's office sent a letter last month to Guardado to notify him of the charge and the arraignment date, court documents stated. Guardado said he never received the letter.

Deputy District Attorney Judy Taschner, the prosecutor assigned to the case, could not be reached Thursday for comment.

Prosecutors could ask for an arrest warrant for Guardado within the next week or two, the supervisor of the district attorney's North County office said.

The battery charge stems from an incident July 14 that occurred outside St. Peter's Catholic Church in Fallbrook, where a hiring site for day laborers exists. The anti-illegal immigration group San Diego Minutemen has held several rallies near the church to oppose the hiring site.

About 20 anti-illegal immigration protesters waving American flags and picket signs were present July 14. Dozens of Palomar College students and immigrants' rights activists who supported the church's day-labor site also were there.

Guardado and the alleged victim, Cedric Kiani Garcia, 50, of Vista, disagree about what happened outside the church that day when Garcia said something about a cracked windshield in the Guardado family's SUV.

Garcia said outside court Thursday that Guardado, a passenger in the vehicle, "erupted," got out of the SUV, and grabbed for Garcia's camera and struck him on the nose.

"What he did to me wasn't right," Garcia said.

Guardado, a parishioner at the church, said in a telephone interview Thursday that he never hit Garcia's nose.

Guardado said Garcia was calling his wife "all kinds of names and stuff" and that he reached for Garcia's camera to "get it out of my face." As soon as he touched the camera, Garcia sprayed him with Mace, Guardado said.

Garcia estimated he incurred about $2,400 to $2,600 in medical bills and that his $900 camera was destroyed in the incident.

Guardado said he and his wife were at St. Peter's that day to take some food to a priest there.

Supporters of both men attended Thursday's hearing.

Tina Jillings, co-founder of a Latino advocacy group called the Coalition for Justice, Peace and Dignity, said she was at the Fallbrook church on July 14, but Guardado was not with her group and that she never has met him before. Accompanied by two other Guardado supporters, Jillings said she came to court Thursday to show support for Guardado and his family.

Jillings said both men in the incident "were acting badly," but she believes the case against Guardado is "unfounded and ridiculous."

Several people attended the hearing in support of Garcia, including San Diego Minutemen leader Jeff Schwilk.

Schwilk, who attended the hearing but said he was not at the church the day of the incident, said outside of court Thursday that Garcia was a patriot.

Deputy District Attorney Dave Greenberg, who supervises the district attorney's North County office, said that in cases where his office sends a letter notifying someone of an arraignment date, a judge cannot immediately issue an arrest warrant for a failure to appear. Prosecutors would have to prepare an arrest warrant to be signed by a police officer and submit it to the judge for a warrant to be issued for Guardado's arrest for failing to appear in court.

That could happen within the next week or two, and the bail amount specified on the warrant probably would be around $10,000 to $15,000, Greenberg said.

Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.

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Assault charges filed against Fallbrook man after brief altercation

Sheriff's investigating confrontation during protest

Fallbrook church protest ends in confrontation

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Pre-Registration Comments[-]Go to Top

JK wrote on Sep 21, 2007 7:08 AM:"Accompanied by two other Guardado supporters, Jillings said she came to court Thursday to show support for Guardado and his family." The article states that several people including the leader of a local pro-illegal group knew about the hearing, but the accused did not? Who do you think your fooling. It is obvious that Guardado is thumbing his nose at the law by being a no show at a court date,just like he does by supporting illegal activities in our community ...

Free Guardado! wrote on Sep 21, 2007 8:35 AM:If this judge doesn't give Guardado amnesty for this fake charge he is racist. Guardado is the real hero for sticking up for all Latinos with cracked windshields. If you are opposed to cracked windshields and day laborer hiring centers in quiet rural neighborhoods you are a racist. ¡Viva la Raza!

The Victim Game wrote on Sep 21, 2007 9:41 AM:Poor guy! The numbers were transposed on his court date notification. Of course! That excuse only works with people like sappy, bleeding heart elementary school teachers and social workers. First come the allegations of clerical errors, document inconsistencies, and administrative misunderstandings. These allegations, once proven unfounded, are then followed by demands for leniency. Finally, demands for leniency are followed by demands for clemency or amnesty. Does this pattern sound familiar? You can dupe the media and most of the American people (especially the idiot politicians), although the judicial system is - hopefully - not so easily fooled. -

New KKK wrote on Sep 21, 2007 9:55 AM:The Minutemen are the new KKK because they insist on securing the border with Mexico. The South Africans, inluding Nelson Mandella, are the KKK of Africa because they are securing their border with Zimbabwe. Mexico is the KKK of Latin America because it is securing its border with Guatemala. If you do not believe in the elimination of all borders on the planet, you are a racist new KKK member.

C Covenshire wrote on Sep 21, 2007 10:22 AM:What's happened to the NCT? Why didn't Ed S cover this story? I would have expected to read that "the racist system is wrongly persecuting a humble Catholic doing charity work was attacked by a xenophobic coconut and wrongly being accused." I would expect the NCT to indicate "there is a question about the video of the incident being forged to show Mr Guardado perpetrating this attack when witnesses from the pool of day laborors just here to work are willing to testify that Mr Guardado didn't get out of his car." ...

Isn't it interesting wrote on Sep 21, 2007 10:27 AM:that Tina, Joanne and Yolie ALL knew to appear at 7:30 Thursday, September 20, 2007, but [Guardado] didn't? Hypocrites to the bitter end.

To New KKK wrote on Sep 21, 2007 11:08 AM: I disagree with you. I too wish that we lived in a peaceful world that didn't have borders, why wouldn't anyone. The fact of the matter is the human race all through history has a domination gene. One race always has to feel like they are a superior race. That?s why we have war. Go to any school yard and you will see students SELF segregate themselves. I see nothing wrong with that. To feel secure with ones own race is neither a crime nor racist. Borders are important to maintain peace. It isn?t the most ideal method, but it is a necessary and effect method. The point that all races miss is that we need to respect each others way of thinking, without cramming our beliefs down others throats. Let gays be gay, let whites be white, let blacks be black, let Mexican?s be Mexican, let Christians be Christian and so on. Lets stop demanding that one race is better than an other, then we can re-think open borders. When in Rome do as the Romans do. Peace be with you.-

Yeah, right! wrote on Sep 21, 2007 11:15 AM:Yeah,right! I'm surprised Guardado didn't say that his dog ate the letter. NCT, do your reporting job and look at numbers on the letter...-

SuzyQ wrote on Sep 21, 2007 11:38 AM:I don't believe that "numbers transposed" on address excuse. If letter wasn't delivered it'd be returned to sender/DA & they'd send another or follow up. I DON'T BELIEVE a bit of this lame story. The guy just didn't want to show up in court...simple as that.

KVET wrote on Sep 21, 2007 11:56 AM:If the court believes Guardado that he didn't get the court order because of two transposed numbers in his address the court doesn't give his postman much credit. My postman delivers my mail with more error than a couple of transposed numbers in my STREET address because he knows me and my family. Give me a break.

To Isn't it interesting!!!!! wrote on Sep 21, 2007 12:04 PM:What are you talking about? Who is Joanne and Yolie? The article quotes Tina Jillings I don't think her attending a hearing makes her a hypocrite! I think it makes her a concerned citizen. Why do you care so much what this woman does? My God you seem so obsessed with her. Perhaps you need some therapy! She says she never met the man and that he was not a member of her group. What is your problem? Why do you resort to calling her names? Tina Jillings if you happen to read this comment I want to join your group. How can I reach you?

to Dave Greenberg wrote on Sep 21, 2007 1:02 PM:How can you get an arrest warrant for the guy when you mailed his notice to the wrong address? Are you going to tell the judge the "whole truth" when you apply for the warrant? I think you need to start over and send his notice to the right address this time.

Try Logic wrote on Sep 21, 2007 1:05 PM:If Guardado was with Tina, as some claim, she would have known he wouldn't be in court, and she wouldn't have wasted her morning waiting for his arraignment.

To: To Isn't It wrote on Sep 21, 2007 1:21 PM:"Accompanied by two other Guardado supporters, Jillings said she came to court Thursday to show support for Guardado and his family". The two other Guardado supporters? Joanne Yoon and Yolie...or can't you read? I just find it pathetically, yet typically, Oh so ironic that his supporters knew the date and time, yet he didn't. Yeah riiiiiiiiiiiiight!

Memo to Tina: wrote on Sep 21, 2007 1:23 PM:"The article quotes Tina Jillings I don't think her attending a hearing makes her a hypocrite! I think it makes her a concerned citizen. Why do you care so much what this woman does? My God you seem so obsessed with her. Perhaps you need some therapy! She says she never met the man and that he was not a member of her group. What is your problem? Why do you resort to calling her names? Tina Jillings if you happen to read this comment I want to join your group. How can I reach you? " Sincerely, ...

Heady wrote on Sep 21, 2007 1:56 PM:Who and how did the address numbers become transposed?

Typical wrote on Sep 21, 2007 1:58 PM:Illegal aliens and their supporters have no respect for America or our laws.

nuketheborder wrote on Sep 21, 2007 3:49 PM:EXCUSE ME MR.OR MRS. NEW KKK.DO YOU LOCK THE DOORS AND WINDOWS TO YOUR HOME? DO YOU LOCK YOUR CAR?DO YOU LOCK THE GATE TO THE FENCE AROUND YOUR HOUSE? DO YOU DECIDE WHO ENTERS AND WHO DOES NOT ENTER YOUR HOME.LETS SAY YOU ARE THE AMERICAN CITIZENS AND YOUR PROPERTY IS THE COUNTRY.SAME THING.A COUNTRY WITHOUT A BORDER IS NOT A COUNTRY.-

umm hello wrote on Sep 22, 2007 9:20 AM:No where does it say that this man is an "illegal immigrant" supporter, the man was standing up for his wife and he was only there to bring food to a PRIEST!!! It's just like you anti-immigration minute man weirdos to assume that because a person has a latino last name that he's an illegal or an illegal supporter. This is like a witch hunt, GROW UP!!

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