Jonathan Laroche, a former detective with the U.S. Navy’s Criminal Investigative Service came to federal court last week expecting to learn what his sentence would be for using a carotid restraint on a handcuffed man to the point he lost consciousness.
But the federal judge in his case issued an unusual warning instead of a sentence.
The warning from U.S. District Judge Judge John Houston was directed towards Laroche’s lawyer and the U.S. Attorney’s office. Seth Askin, representing the U.S. Attorney, was prosecuting the former El Cajon Police officer turned Navy detective. Defending him was Los Angeles-based Michael Schwartz, who specializes in defending police officers.
“I want to put you on notice,” the long-serving judge told the two lawyers. “I want you to know right now the court is concerned about the recommendations for sentencing.”
The decision to put the sentencing on hold because of concerns with the penalty recommendations of both parties is unusual, say legal experts.
Jonathan Laroche. (Photo by JW August/Times of San Diego)“This was very unusual in many ways,” said San Diego defense attorney Michael Crowley, who has represented clients in federal court for four decades. “Eight out of 10 times,” Crowley said, the judge will do as the parties recommend. “Rarely do the judges second guess unless something jumps out.”
Laroche’s attorney said his client should be punished with “probation and home confinement,” but Houston said that is not appropriate, adding that he “found it disingenuous.” Similarly, Houston said the recommendations by the government and the probation office of an eight-month sentence “are not appropriate either.”
Observed Crowely, “It was a sweet plea deal and the judge wasn’t going to let it fly.”
Laroche pleaded guilty earlier this year to using unreasonable force, and to concealing his prior record of using excessive force at the El Cajon Police Department in order to be hired as a detective by the Navy.
According to the U.S. Attorney’s office, after the man who Laroche had restrained later revived, the prisoner was moved to the main room of the security facility at Naval Base San Diego. Again, Laroche attacked the prisoner who was handcuffed to a bench where he “was not a threat to anyone.” Laroche slammed his head against a wall and had to be pulled off the prisoner by his superior officer,
While Houston was clear that Laroche’s problems with the El Cajon Police Department were not part of the federal charges, official records show there were three cases involving alleged mistreatment of prisoners during his employment from February 2013 to May 2018.
The police department’s Internal Affairs records showed there was one case involving a male prisoner and another with a female prisoner, each handcuffed at the time. The department refused to release information on the third case, saying it didn’t fall under a state law requiring certain disciplinary records to be released. However, a federal filing showed this incident also involved use of excessive force, for which Laroche received a letter of reprimand.
However, what proved to be the most serious misconduct for El Cajon Police was when Laroche lied during the investigation of his actions. While his prisoner abuse was considered serious, no charges were ever filed. But when Laroche lied to his superiors, it led to an offer by the department to let him resign.
Laroche admitted that he knowingly and willfully provided false information in his application to the Navy. Crowley believes the probation department’s background report of Laroche’s history provided the judge details of the abuse of prisoners in his responsibility.
During the sentencing hearing. Houston spoke briefly about his own history in law enforcement — as a prosecutor in the U.S. Army and the U.S .Attorney’s Office — and how he “worked very closely with law enforcement officers.”
“I think I have been around enough to know a good officer from one who is not from personal and professional experiences,” he said.
Perhaps the most telling remark the judge made related to how over the years he handled excessive force cases by law enforcement officers against civilians. “I’ve learned through that experience that everyone charged for those things are not properly charged,” Houston said.
“I will not make any decisions, of course, until I hear your arguments, but I want you to know a suggestion that any sentence for Laroche to run concurrently wasn’t going to happen,” he told the two lawyers. “Consecutive sentences would be more appropriate than a concurrent one.”
Oftentimes in criminal cases, multiple sentences against a defendant can run at the same time, hence the term concurrent, which has the effect of reducing time in custody and on probation. But that is not going to happen in this case, Houston said.
The judge said he was ready to go forward with sentencing, but also offered the attorneys more time to rework their closing statements to the court.
Both Schwartz and Askin were quick to agree, settling on a new sentencing date of Jan. 22 at 2 p.m.
After the hearing, Laroche and his attorney both declined to talk about the case.
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