By Khalida Sarwari
Charges have been dismissed against a 20-year-old San Jose State University student who was arrested by police last year following a controversial videotaped confrontation with four officers, the Santa Clara County District Attorney’s Office announced today.
The district attorney’s office dropped misdemeanor charges of brandishing a deadly weapon and resisting, delaying or obstructing a peace officer against Phuong Ho, a Vietnamese exchange student at San Jose State University.
In a statement released today, the district attorney’s office said, “After a thorough and careful evaluation of the evidence, we have concluded that it is unlikely that twelve jurors would convict Mr. Ho of these offenses.”
His attorneys, Glenn Miller and Duyen Nguyen, were not immediately available for comment.
Ho was arrested on suspicion of brandishing a weapon and resisting arrest on the night of Sept. 3, 2009.
Officers Kenneth Siegel, Steven Payne Jr., Jerome Smith and Gabriel Reyes responded to a report of a man brandishing a knife at one of his roommates at their home in the 100 block of South 23rd Street.
Officers Siegel and Payne were captured on a cell phone camera using a baton and a Taser stun gun to control Ho and take him into custody.
All four officers were placed on paid administrative leave and a criminal investigation was launched after the video and their actions were brought to the attention of the Police Department nearly two months later.
The district attorney’s office will continue to investigate the case and will make a decision whether to file charges against the involved police officers.