The long-running felony case against three San Diego firefighters ended Monday with their guilty pleas to misdemeanor battery of an intoxicated person in 2012 in Normal Heights.
Two brothers who were somewhat intoxicated yelled anti-gay epithets to the off-duty firefighters who also responded with anti-gay slurs even though none of them are gay. It was apparently part of their insult repertoire. The firefighters had also been drinking.
The guilty pleas by Vadid Cisneros, 40, Andrew Brennen, 33, and Gregory Econie, 29, occurred just as their trial was about to start which attorneys had estimated would have lasted 4-6 weeks. The preliminary hearing in 2013 took eight days.
Felony charges of assault, robbery, making a criminal threat and dissuading a witness from testifying were all dismissed by San Diego Judge Michael Smyth after they all pleaded guilty to misdemeanor battery.
A felony conviction could have resulted in the loss of their jobs, but attorneys for two firefighters said Monday night they hoped they would be able to keep their jobs. Cisneros is a 15-year veteran, while Brennen has been a firefighter for 14 years and Econie eight years.
Smyth placed the trio on three years probation, and ordered them all to perform 100 hours of volunteer work at a nonprofit organization. They were each fined $655 and given credit for one day in jail spent Feb. 26, 2012.
“Bike fag” was one slur yelled several times along with “faggot” and “bitches,” among others, according to testimony.
Deputy District Attorney Michael Runyon said the guilty pleas were accepted because one of two brothers who were injured had died and his testimony from 2013 would have had to be read back. Defense attorneys had filed a motion seeking to bar the testimony of the late Willie Martinez, 49, from the trial.
Willie Martinez had a fatal heart attack in August, 2014. He had also testified he had used methamphetamine when he encountered the firefighters that night.
“It made a challenging case more so,” said Runyon about the death.
As a probation condition, the firefighters were ordered to stay away from Luis Martinez, the other victim who said his face was bloodied. He said he suffered a concussion and broken ankle.
Ironically, Brennen was part of a paramedic unit that responded to a call about Willie Martinez’s death. His attorney, Gretchen von Helms, said Martinez was already dead when the firefighters pulled up, calling it “a weird twist of fate.”
The robbery stemmed from the firefighters taking identifying items from Martinez’s wallet and keeping them in order to show police who he was. The charge was initially dismissed and reinstated.
“This case was overcharged from the get-go,” said attorney Gretchen von Helms, who represents Brennen, Monday night. “Our guys got kind of beaten up. They defended themselves.”
“I certainly hope the fire department would recognize the valuable (work) by these firefighters,” said von Helms. “I believe the city realizes how valuable these employees are.”
“The District Attorney came to the realization this was an appropriate resolution,” said von Helms.
Judge Fred Link, who heard the preliminary hearing, said at the end that both sides engaged in “mutual combat.”
Attorneys showed Smyth a packet of 75 supporting letters from other firefighters and people in the community. They all work in different fire stations and were free on their own recognizance.
