Ten days after a California state lawmaker announced legal action against the city of Sacramento over DUI claims, an attorney representing her released video of the crash and excerpts from bodycam footage of her interaction with officers. State Sen. Sabrina Cervantes got into a crash on May 19 at 14th and S streets while on her way to work at the Capitol. The Sacramento Police Department initially said that Cervantes showed signs of intoxication, which led to her being cited. A toxicology report later came back negative. Since then, Cervantes has filed a government claim, which is the first step toward a civil lawsuit. She claims that police arrested her without probable cause in violation of state and federal protections against unlawful search and seizure.On May 30, the police department said it would release bodycam footage but later said it would not do so because it was part of an investigation. However, an attorney representing Cervantes released a heavily edited and narrated video that went into further details about the crash, police reports and the lawmaker’s arrest. The video is part of a supplemental letter sent to the attorneys by the city of Sacramento.The roughly 15-minute video begins with surveillance footage of the crash, showing a gray vehicle not coming to a complete stop before crossing the intersection and eventually colliding with Cervantes’ state-owned vehicle.Next, the video text narrative states a police affidavit claims Cervantes had an “unsteady gait,” showing a part of the report that has that wording. A clip of Cervantes walking is shown next, and she can be heard telling officers, “My back is starting to really get to me.”In the following clip, an officer is heard asking her what hurts, and she can be heard saying her back and spine. But then video text claims police did not disclose her injuries when they requested a warrant from a judge, citing the “unsteady gait.”Another part of the police report is shown, with X marks under “slurred speech” and “slow speech.”More bodycam footage is shown, with an officer asking Cervantes to perform a “horizontal gaze” field sobriety test.”So I guess the question is, can’t I just do a blood test, though?” Cervantes said in response.”I could,” the officer said.As the officer responded to Cervantes’ request for a blood test, text on the screen reads “Perjury by officer,” with the video later revealing part of the report claiming that Cervantes refused requests to do a blood test.Bodycam from an Officer Foster is shown next, where he appears to be taking a phone call, in which he at some point said Cervantes was acting defensive. The clip ends with an audible click and video text claiming Foster had just turned off his bodycam.The video cuts to black and text that reads, “Missing 5 minutes of footage – body cam appears to be turned off.”Following that statement, bodycam from an Officer Williams is played next. He can be heard saying that Cervantes sounded “a little lethargic” but that he could not smell alcohol on her breath.”If I had to, you know, make a wild guess, there is a possibility — I have a reasonable suspicion that she has something on board that’s causing impairment,” Williams said in the video.The video narrative then alleges that officers treated the other driver, who was not named, better compared to Cervantes when interviewing her, stating that she was asked a minimal number of questions.According to the video, the woman was not asked to exit her vehicle or perform a field sobriety test. She is also heard saying she did not have her driver’s license or insurance when asked.After being asked if she has any complaints of pain, the officer is heard concluding his interview with the woman with the following four questions:If she was on her phoneIf she had her seatbelt onIf the airbags deployedIf she was drinkingShe said no to all of those questions.Bodycam footage from three days after shows an officer calling the other driver back with follow-up questions from the crash.”There’s body camera footage of us and things that are written in the report that are slightly different,” the officer said in the video.He asks the woman about Cervantes’ demeanor after the crash, to which she said that she appeared shaken up.The officer then repeatedly asked if Cervantes appeared to have any injuries or signs of blood. The woman again said no to those questions.Video text afterward reads, “Attempts to suggest Senator Cervantes was somehow suspicious for calling for help from inside her vehicle.”The officer noted multiple times that Cervantes was in her vehicle for a while after the crash.Following that phone call, video text states that four days after the crash, Officer Williams filed a report to the DMV that Cervantes refused to do a blood test after her arrest.An excerpt from the report shows “Chemical Test Refusal” is marked with an X. The entire video highlights much of why Cervantes is seeking legal action, alleging false sworn police statements for her arrest warrant, false sworn statements to the DMV and the leaking of false claims to news outlets that she was driving under the influence.The senator also alleges that police retaliated against her “due to her introduction of legislation to curb abuse by police of Automated License Plate Reader (ALPR) systems and due to bias related to her identity as an openly LGBTQ+ Latina elected official.”You can watch the entire video here.Cervantes’ attorneys told KCRA 3 they would not release the raw footage. Asked about how much was edited, they said: “The video has been edited for privacy purposes to protect clients, patients, and others.”KCRA 3 has issued a public records request for the raw footage, which police denied. Police declined again to release the full footage when asked on Thursday.A police representative said that KCRA 3’s public records request did not meet the criteria for mandatory to release to the media, and cited a California code for investigatory records exemption, 7923.600 (a) and related provisions.Police said they would not comment on the case due to pending litigation. See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
SACRAMENTO, Calif. —
Ten days after a California state lawmaker announced legal action against the city of Sacramento over DUI claims, an attorney representing her released video of the crash and excerpts from bodycam footage of her interaction with officers.
State Sen. Sabrina Cervantes got into a crash on May 19 at 14th and S streets while on her way to work at the Capitol.
The Sacramento Police Department initially said that Cervantes showed signs of intoxication, which led to her being cited. A toxicology report later came back negative.
Since then, Cervantes has filed a government claim, which is the first step toward a civil lawsuit. She claims that police arrested her without probable cause in violation of state and federal protections against unlawful search and seizure.
On May 30, the police department said it would release bodycam footage but later said it would not do so because it was part of an investigation.
However, an attorney representing Cervantes released a heavily edited and narrated video that went into further details about the crash, police reports and the lawmaker’s arrest. The video is part of a supplemental letter sent to the attorneys by the city of Sacramento.
The roughly 15-minute video begins with surveillance footage of the crash, showing a gray vehicle not coming to a complete stop before crossing the intersection and eventually colliding with Cervantes’ state-owned vehicle.
Next, the video text narrative states a police affidavit claims Cervantes had an “unsteady gait,” showing a part of the report that has that wording. A clip of Cervantes walking is shown next, and she can be heard telling officers, “My back is starting to really get to me.”
In the following clip, an officer is heard asking her what hurts, and she can be heard saying her back and spine. But then video text claims police did not disclose her injuries when they requested a warrant from a judge, citing the “unsteady gait.”
Another part of the police report is shown, with X marks under “slurred speech” and “slow speech.”
More bodycam footage is shown, with an officer asking Cervantes to perform a “horizontal gaze” field sobriety test.
“So I guess the question is, can’t I just do a blood test, though?” Cervantes said in response.
“I could,” the officer said.
As the officer responded to Cervantes’ request for a blood test, text on the screen reads “Perjury by officer,” with the video later revealing part of the report claiming that Cervantes refused requests to do a blood test.
Bodycam from an Officer Foster is shown next, where he appears to be taking a phone call, in which he at some point said Cervantes was acting defensive. The clip ends with an audible click and video text claiming Foster had just turned off his bodycam.
The video cuts to black and text that reads, “Missing 5 minutes of footage – body cam appears to be turned off.”
Following that statement, bodycam from an Officer Williams is played next. He can be heard saying that Cervantes sounded “a little lethargic” but that he could not smell alcohol on her breath.
“If I had to, you know, make a wild guess, there is a possibility — I have a reasonable suspicion that she has something on board that’s causing impairment,” Williams said in the video.
The video narrative then alleges that officers treated the other driver, who was not named, better compared to Cervantes when interviewing her, stating that she was asked a minimal number of questions.
According to the video, the woman was not asked to exit her vehicle or perform a field sobriety test. She is also heard saying she did not have her driver’s license or insurance when asked.
After being asked if she has any complaints of pain, the officer is heard concluding his interview with the woman with the following four questions:
- If she was on her phone
- If she had her seatbelt on
- If the airbags deployed
- If she was drinking
She said no to all of those questions.
Bodycam footage from three days after shows an officer calling the other driver back with follow-up questions from the crash.
“There’s body camera footage of us and things that are written in the report that are slightly different,” the officer said in the video.
He asks the woman about Cervantes’ demeanor after the crash, to which she said that she appeared shaken up.
The officer then repeatedly asked if Cervantes appeared to have any injuries or signs of blood. The woman again said no to those questions.
Video text afterward reads, “Attempts to suggest Senator Cervantes was somehow suspicious for calling for help from inside her vehicle.”
The officer noted multiple times that Cervantes was in her vehicle for a while after the crash.
Following that phone call, video text states that four days after the crash, Officer Williams filed a report to the DMV that Cervantes refused to do a blood test after her arrest.
An excerpt from the report shows “Chemical Test Refusal” is marked with an X.
The entire video highlights much of why Cervantes is seeking legal action, alleging false sworn police statements for her arrest warrant, false sworn statements to the DMV and the leaking of false claims to news outlets that she was driving under the influence.
The senator also alleges that police retaliated against her “due to her introduction of legislation to curb abuse by police of Automated License Plate Reader (ALPR) systems and due to bias related to her identity as an openly LGBTQ+ Latina elected official.”
You can watch the entire video here.
Cervantes’ attorneys told KCRA 3 they would not release the raw footage. Asked about how much was edited, they said: “The video has been edited for privacy purposes to protect clients, patients, and others.”
KCRA 3 has issued a public records request for the raw footage, which police denied. Police declined again to release the full footage when asked on Thursday.
A police representative said that KCRA 3’s public records request did not meet the criteria for mandatory to release to the media, and cited a California code for investigatory records exemption, 7923.600 (a) and related provisions.
Police said they would not comment on the case due to pending litigation.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
