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Judge: Leave police officers alone

Brother of man killed by police must stay away from 2 officers

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POSTED March 24, 2012 1:43 a.m.

Gabriel M. Duenez must stay away from two Manteca police officers that claimed harassment from the brother of Ernesto Duenez who was killed in an officer-involved shooting in June of 2011.

Superior Court Judge Philip R. Urie ruled in favor of officers Armen Avakian and John Moody in granting the permanent restraining order with a three-year term following several continued court hearings on the matter in the Manteca Branch of the San Joaquin County Superior Court that were held on Feb. 7, 17 and March 12.

Meanwhile, the San Joaquin County District Attorney’s office still hasn’t completed its investigation of the officer-involved shooting almost 10 months after it happened. The DA staff has defended the delay by saying they have other officer-involved shootings in Stockton that are ahead of the Manteca incident.

Included in the Civil Harassment Restraining Order were the 8-year-old son of Officer Avakian and his fiancée who allegedly were approached in their family group by Duenez at Great America in Santa Clara County while on a family outing.

In the form of a permanent injunction, Duenez is enjoined from harassing, intimidating, attacking, striking, stalking, assaulting or disturbing the two Manteca peace officers.

The 32-year-old Lathrop man is ordered not to come within 25 yards of Moody and Avakian in the vicinity of the Manteca Police department facility and not within 100 yards anywhere else unless it involves official police business.

Duenez has been also ordered not to come within 100 yards of the residences and private vehicles of the two officers or within 100 yards of Avakian’s son or his fiancée, his son’s school and the place of his child care.

Duenez is also not to make contact with any of the four protected persons directly or through a third party in any way, including, but not limited to in person, by telephone, in writing, by public or private mail, or by any electronic means.

Judge Urie wrote that the court order is not intended to enjoin any peaceful assembly by Duenez with others to express their views through lawful demonstration or protest consistent with the personal restraining order applied to him.

The order further states that Duenez cannot own, possess, have, buy, or try to buy, or in any other way obtain guns, firearms or ammunition. Any guns or firearms in his possession must be sold to a licensed gun dealer or be turned into a law enforcement agency within 24 hours of being served with the court order.

The possession of firearms could result in arrest and a $1,000 fine, according to the order. It further stated that the order was based on unlawful violence, a credible threat of violence or stalking.

The Duenez family had been holding group protests outside the campus of the police department on Center Street every Thursday afternoon for several months. They have moved their lawful protests to Sundays in the past few weeks.

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