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Highlands Today

Jury Selection To Begin For New Year's Eve Brawl

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By BRAD DICKERSON

Highlands Today

Published: March 9, 2009

AVON PARK - Four people charged in a 2008 Avon Park New Year's Eve brawl that involved police officers are set for trial next week, with jury selection on Monday.

Sue Emma Diaz, 45, and Pete Diaz, 45, both of 904 W. State St., Avon Park, were each charged with two counts of battery on a law enforcement officer and one count of resisting law enforcement officers with violence, according to court records.

Richard Mendez, 48, of Avon Park, was charged with one count each of battery on a law enforcement officer and resisting officers with violence.

Michael Duane Davis, 25, of Lehigh Acres, was charged with one count of battery on a law enforcement officer.
Avon Park Police officers went to 904 W. State St., early Tuesday morning, Jan. 1, 2008, to investigate a battery complaint. When they arrived, a large crowd was gathered in front of the home. When they were told to leave, some did not obey.

Officer Christy Harbaugh was allegedly pushed in the chest by Mendez, who was then arrested. He then reportedly made threats against her in the patrol car while on the way to jail.

Sgt. Marc Wilbur tried to clear the crowd and was approached by Pete Diaz, who put up his fists and said "Come on," indicating he wanted to fight, according to court records.

Wilbur tried to place Diaz under arrest, but he allegedly pulled away and shoved the officer.
Sue Diaz then reportedly jumped on Wilbur's back and pulled him away from Pete Diaz, records stated.

The incident started at New Year's Eve party where alcohol was being served and an argument started, according to a Jan. 3, 2008 Highlands Today report. Erica Diaz, who was not arrested, said she tried to leave the party and her mother, Sue Diaz, and her brother, Michael Diaz, tried to stop her. The three were outside arguing

Off-duty officer James Parker reportedly came to the home to stop the argument. Another suspect, Michael Anthony Diaz, got physical with him and Davis allegedly started punching the officer in the head and saying "(expletive) you, you cop," court records stated.

Erica Diaz believed Parker was the one who started the fight and the whole incident was under investigation by the Avon Park Police Department.

Calls to the APPD for comment on the status of that investigation were not immediately returned Friday.

Michael Diaz, 20, was also charged with two counts of battery on a law enforcement officer and one count of resisting a law enforcement officer without violence. He entered pleas of no contest to the charges on Feb. 4 and was sentenced to five years in state prison, according to information from the Highlands County Clerk of Courts Web site.

Highlands Today reporter Brad Dickerson can be reached at (863) 386-5838 or bdickerson@highlandstoday.com

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