A judge has reinstated a robbery charge against three San Diego firefighters who face trial next year on making a criminal threat to two brothers in an alcohol-laced incident in which both the victims and the firefighters yelled anti-gay comments to each other.
Deputy District Attorney Michael Runyon said Monday he was pleased with the Oct. 1 ruling by San Diego Superior Court Judge Charles Rogers to reinstate the robbery count which carries a penalty of a five year term in prison.
Runyon had refiled the robbery charged which had been dismissed by Judge Fred Link following eight days of testimony in October 2012. Defense attorneys for the firefighters filed motions to dismiss the robbery charge and other counts.
However, Rogers threw out the assault charge which Runyon had refiled against the trio and defense attorneys were glad about that. They say the firefighters acted in self defense against the two brothers who were intoxicated in the Feb. 26, 2012 incident in Normal Heights.
The brothers, Willie and Luis Martinez, called the firefighters “faggots” and “bitches.” Because Luis Martinez was using a bicycle, one or more firefighters called him a “bicycle faggot” and other comments.
A trial date of April 14, 2014, has been set for Andrew Connor Brennen, 31, Vadid Cisneros, 38, and Gregory Econie, 27, who all still work at different fire stations. They remain free on their own recognizance.
When Link dismissed the robbery charge, he reduced it to grand theft and said he was concerned as to why the firefighters picked up the wallet, bicycle, and other belongings of Willie Martinez after he ran off.
Econie testified at the preliminary hearing – a rare event for a defendant – and he denied making the anti-gay slurs. He also said he and the others left the bicycle where Martinez left it.
During the fight, Martinez’s wallet and its contents spilled on the ground. The firefighters said they picked up his state ID card, photo of his son, and other things so they could know Martinez’s name. One firefighter warned Martinez they knew where he lived.
Martinez interpreted that as a threat and he left. The comments allegedly support the firefighters making a criminal threat and dissuading a witness from testifying. No one used any weapons in the incident, but one of the brothers suffered a concussion. One brother bit Econie on the arm, and he got a nasty cut in which stitches were required to close it.
The firefighters have waived their right to have a speedy trial.
