Bobby Plunkett

82, Imperial

The original complaint filed Jan. 22 had not charged the 28-year-old Imperial resident with assault while acting under the color of authority.

Parties are due back at the courthouse here on March 24 for Plourd’s ruling on whether he will hold Hurtado over for trial.

Plourd’s request for a continuance on Friday came after having heard several witnesses’ testimony. Both the 31-yearold alleged victim, Alexis Retana, of Brawley, as well as Hurtado’s husband, Michael Hurtado Jr., testified, as did two Imperial police officers who subsequently investigated the alleged incident.

While Plourd indicated he found the officers’ testimony to be credible, he said he had reservations regarding the credibility of both Retana and Michael Hurtado, whose testimony appeared at odds with statements they initially gave to investigators.

For his part, Hurtado appeared to have provided investigators with information that initially supported Retana’s version of events and later testified in a manner more favorable to the defense, Plourd said.

“The evidence is all over the board to some extent,” Plourd said. “I think that’s a central issue over and above the other conflicts in this case.”

Defense attorney Earl Robertson III agreed with Plourd’s assessment, and argued that the case’s disputed narrative failed to establish the prosecution’s burden of proof beyond a reasonable doubt and that the court had to find in the defendant’s favor and not bind them over for trial.

“There’s nothing to show that Ms. Hurtado was the aggressor,” Robertson said.

Plourd then reminded Robertson that the standard of proof for a preliminary examination was not the same as a jury trial and that the prosecution does not have to establish such a burden of proof during a prelimanry examination.

During his closing argument, county Deputy District Attorney Mario Vela disagreed with the characterization that Retana was not a credible witness.

He also argued that Officer Hurtado’s reported phone call requesting her superior officer respond to the scene on the night in question demonstrated that her actions that night were under the color of authority. Additionally, Hurtado’s attempt to interrogate Retana as well as allegedly seizing her phone and car keys amounted to official police acts, Vela said.

The court gave counsel until March 20 to file pleadings regarding the count alleging Hurtado had acted under the color of authority.