Advertisement Charges against Air Force Capt. Aquino dropped by Monterey County DA Share Shares Copy Link Copy

Monterey County District Attorney Dean Flippo announced he is dropping all criminal charges against U.S. Air Force Captain Nicolas Aquino."A jury would be very likely to assess this case as an unfortunate misunderstanding between the two men and not a criminal offense," Flippo said Monday. In December 2013, Aquino was tackled and handcuffed at his own house in Carmel because a Monterey County sheriff's deputy thought he was a burglar. A neighbor had called 911 and reported seeing a man walking around the house suspiciously."All he said was, 'I need to see your ID.' At that moment I'm like, 'Excuse me sir, but who are you? And why are you here?" Aquino told KSBW."He says it again, I have to produce identification. At that moment I asked him, 'Am I being detained?' He said, 'Yes,' and so I said, 'OK, then my name is Nicolas Aquino. I live right here. I'm in the military,'" Aquino said.Aquino is also a student at the Naval Postgraduate School in Monterey.Seven weeks after the incident, a warrant was issued for Aquino's arrest and Aquino said he was surprised to find out that the Monterey County District Attorney's Office was charging him with obstructing a peace officer.Many KSBW.com readers expressed shock that prosecutors were targeting the U.S. Air Force captain.On Monday afternoon, prosecutors announced they decided to drop all charges and Flippo released the following report:"District Attorney Dean D. Flippo announced today that the charge of obstructing a peace officer will be dismissed in the case of Nicolas Aquino, an Air Force captain. Mr. Flippo stated that the decision was based on a number of considerations.""Steve Liner, the attorney for Captain Aquino, had requested a review of the case and provided additional information to supplement the facts contained in the deputy sheriff’s report. The review, conducted by several experienced prosecutors, came to the conclusion that the deputy sheriff had lawfully detained Captain Aquino as a burglary suspect. The information available to the deputy was that there had been two recent burglaries of residences on that street. One of the victims had summoned the deputy because a person the victim did not know appeared to be prowling around another residence across the street. That person was Captain Aquino who, unknown to the reporting party and the deputy, was the lawful occupant of the residence. The deputy would have been remiss in his duties had he allowed Captain Aquino to re-enter the residence prior to demonstrating to the deputy he was the lawful resident.""On the other hand, Captain Aquino had done nothing wrong and was surprised to find himself suspected of burglary. He also misunderstood the right of a peace officer to detain a suspect to protect the community and insure that a crime was not underway.Pursuant to the California’s Rules of Professional Conduct, prosecutors may ethically charge a person with a crime based merely on probable cause to believe the person has committed a crime. The California District Attorneys Association urges members to voluntarily apply a higher standard to maintain a criminal prosecution. The Association standards suggest that prosecutors should also consider the likelihood that a jury will reach a unanimous decision finding a defendant guilty. After consideration of all the facts, that standard would not be met by taking this case to trial.""On one side was a conscientious and respected peace officer doing what he felt was necessary to protect the community. On the other side was a person who has also dedicated his life to public service but who was surprised to find himself a criminal suspect at his own home.""A jury would be very likely to assess this case as an unfortunate misunderstanding between the two men and not a criminal offense. Finally, a review of this case has led the District Attorney’s Office to reject suggestions by a few members of the public that this case was the result of racial profiling. There was no evidence to substantiate that baseless claim. The deputy did not select Captain Aquino as a suspect to investigate. That came about because of an honest concern by a neighborhood resident that another burglary was about to occur."Aquino is a first-generation American whose parents fled Paraguay as refugees after they received death threats. His parents experienced what life was like without freedom, so Aquino enlisted in the U.S. military and dedicated his career to keeping America free. Watch a video the U.S. Air Force created about Aquino's life below or mobile users click here.U.S. Air Force Capt. Aquino