A San Diego police officer appeared to be caught in a lie when he testified that a homeless man was sleeping in his truck before getting a ticket for illegally inhabiting his vehicle.
The officer’s body-worn camera footage shows the homeless man emerging from a city park restroom, not sleeping.
The City Attorney’s office in June asked the court to vacate Tony Diaz’s 2016 conviction and dismiss the case based on the video discovered just months earlier.
The footage, a prosecutor said, “is exculpatory evidence because it contradicts the officer’s testimony and corroborates (Diaz’s) testimony.
The video undermines the officer’s credibility and removes a major pillar of the case …”
The San Diego Police Department is looking into the officer’s behavior, spokesman Lt. Scott Wahl said in an email. Diaz filed an internal affairs complaint against Officer Colin Governski, who now serves on the SWAT team.