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Highlands Today

Verdict In New Year's Eve Brawl

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Brad Dickerson

Published: March 11, 2009

Updated: 03/12/2009 09:54 am

SEBRING - A Highlands County jury began deliberating late Wednesday afternoon at the conclusion of the trial of three people charged in a 2008 Avon Park New Year's Eve brawl that involved police officers.

Sue Emma Diaz, 45, and Pete Diaz, 45, both of 904 W. State St., Avon Park, and Michael Duane Davis, 25, of Lehigh Acres, were each charged with battery on a law enforcement officer.

Pete Diaz was also charged with resisting a law enforcement officer with violence.

The allegations stem from a New Year's Eve party, where an argument reportedly started between Erica Diaz, who was not arrested, and her mother, Sue Diaz, and her brother, Michael Diaz.

Off-duty officer James Parker came to the home to stop the argument. At that time, the suspects allegedly began hitting him and yelling profanities, with Sue Diaz also jumping on the officer's back and causing the two to fall to the ground.

Erica Diaz believed it was Parker who, in fact, started the fight. That was one of the issues brought up in closing arguments Wednesday by the attorneys.

"It was her (Sue Diaz) who initiated it and her who started it," said Assistant State Attorney Richard Castillo. "This is a man who has spent eight years or so in law enforcement, and he's going to go where there's a house full of people having a party, where there is anywhere from three to five people by the car and he's going to go right in front of them … and take a lady of 45 years and right in front … and dump the lady on the ground so he can throw his eight years of a law enforcement career … away?"

Previous testimony alleged that Sue Diaz held Parker to the ground while the others hit him.

Defense attorney Mark Taylor asked the jury whether it was "common sense" to believe that Sue Diaz, at 5 feet 3 inches and disabled, could hold down the 6 feet 2 inch, 215-pound police officer.

"Please apply your common sense to that notion when evaluating all the testimony," he said.

Taylor added that the defendants did not know Parker was a police officer since he was out of uniform.

"I think that is the most area of contention in this trial," he said. "Mr. Parker was not in uniform, he admits that. It was 2:45 or 3 o' clock in the morning. It was dark."

Taylor also pointed to Parker's earlier testimony where the officer said there were instances when he was not recognized out of uniform.

"There's a lot of association to a uniform," Taylor said. "The reason you wear a uniform is so people can identify you."

The duties performed when out of uniform were also discussed in closing arguments. Castillo said a police officer's off-duty status does not restrict him or her from doing their job if a situation calls for action.

"And that includes when people are arguing to find out (why)," Castillo said.

Richard Mendez, a fourth defendant in the case, was being tried separately on charges of battery on a law enforcement officer and resisting an officer with violence. His trial began Wednesday afternoon as soon as the jurors from the first trial went in to deliberate.

Avon Park Police Officer Christy Harbaugh was allegedly pushed in the chest by Mendez after other law enforcement arrived at 904 W. State St., to investigate a battery complaint.

Mendez was arrested and allegedly made threats against Harbaugh in the patrol car while on the way to jail.

Michael Diaz, 20, was also charged with battery on a law enforcement officer and resisting a law enforcement officer with 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.

Pete and Sue Diaz were found not guilty of their charges and Michael Diaz, the third defendant, was found guilty of the lesser offense of misdemeanor battery. The jury went in at 3:15 p.m. with a verdict at twenty after 5.

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

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