Last modified Tuesday, May 5, 2009 10:52 PM PDT
VISTA: 2 Marines plead not guilty in party incident

By TERI FIGUEROA - tfigueroa@nctimes.com

VISTA ---- Two Marines each pleaded not guilty Tuesday to a misdemeanor charge that they forcefully resisted deputies who, while trying to break up a Vista party in late April, used pepper spray and fired a Taser gun.

Pfc. Jonathan Simpson, 21, dressed in his khaki military uniform, and Sgt. Rigoberto Zambriano, 24, wearing civilian clothing, declined to comment on the charges they face following their brief arraignment in a Vista courtroom. Zambriano said a decision on whether to file a complaint against the deputies was "up in the air."

The pair had been arrested and briefly jailed on felony charges, but the case was reduced to a misdemeanor when prosecutors filed charges Tuesday. Both men remain free on $20,000 bail, and each faces up to a year in jail if convicted.

The two are among five Camp Pendleton Marines who were arrested or cited early on the morning of April 26 in the 1200 block of Palomar Place after neighbors complained of noise from a loud party.

At least 10 deputies arrived and began to break up the party. Simpson was subdued with a Taser and another Marine was hit with pepper spray, officials said.

Some of the partygoers complained the deputies' use of the tools was an excessive and unnecessary response, and they said they had been cooperating with the deputies.

Marine Cpl. Brandi Bates told the North County Times last week that she was cooperating with deputies and was simply offering information when she was hit with pepper spray. Simpson has said he tried to protect Bates, but was hit with a Taser.

Bates has been charged with a misdemeanor charge for allegedly obstructing the officers, but she has not yet been ordered to court to face a judge for arraignment. A fourth person, Joseph Daniel Scheitlin, has been charged with a misdemeanor for allegedly disturbing the peace. He, too, has not yet been arraigned.

An internal review of the incident turned up no wrongdoing by deputies, Vista-based Sheriff's Lt. Scott Rossall said Monday. No further reviews will be done, he said, unless someone files a formal complaint against the deputies.

Rossall said the finding is based on a review of the incidents by the station's captain, patrol lieutenant and a patrol sergeant.

Contact staff writer Teri Figueroa at (760) 740-5442.

Ellie