Former Officer Found Not Guilty of Filing a False Report

KASEY A. CASTILLO, ESQ.
Partner
Castillo Harper, APC

Matthew Dages was hired as a police officer for the city of La Mesa and began his law enforcement career in August 2018. During his tenure with the La Mesa Police Department, Officer Dages was considered a “model” officer who was recognized for his proactive policing.  

In May 2020, Officer Dages was working an overtime shift, as he often did. During that shift, he volunteered to assist on a trolley detail. The purpose of this proactive policing assignment was to enforce trolley fare compliance and other quality-of-life offenses at the trolley plaza, a known high-crime area in the city. During this detail, Officer Dages contacted a subject who made a hand-to-mouth gesture as if he was smoking. Officer Dages approached the subject, advised him of the “no smoking” regulations in place and requested to inspect his trolley fare.

The subject refused to provide his fare (a violation of the fare evasion ordinance) and refused to provide his ID. The subject further refused the detention and assaulted Officer Dages by pushing him out of the way. Officer Dages was forced to push the suspect down into a seated position for the duration of the detention. A portion of the contact was filmed by bystanders, including the subject’s friends, who had arrived on scene by vehicle and became belligerent. Officer Dages remained calm throughout the encounter and was able to place the subject under arrest with the assistance of fellow officers on the trolley detail.

The cell phone video was later posted on social media, where the encounter went viral with the hashtag #GeorgeFloyd. The video garnered national media attention, and anti-police antagonists, already riled up by the death of George Floyd two days earlier, brought protests to the city of La Mesa. These protests turned violent, and several businesses were destroyed in subsequent riots. Rioters caused significant damage to the city center, including burning down several buildings. Dages was “doxed,” having his identifying information published online with malicious intent. As a result, angry and aggressive protestors descended on his home, forcing his family to move for their safety.

The police department launched an internal affairs investigation and hired a third party to handle the investigation. Ultimately, the city of La Mesa cleared Officer Dages of excessive use of force and found the force used during the detention and arrest was reasonable and within policy. Seemingly due to political pressure and the fear of further damage to the city by violent mobs, the city nevertheless terminated Officer Dages. The city terminated him in August 2020 for what they alleged was making false and misleading statements in his police report related to the arrest. The city found that Officer Dages had made “material misrepresentations” in his police report, despite the report’s scrutiny from layers of department administration prior to final submission. Dages appealed his termination to the La Mesa Personnel Appeals Board, and the panel of five La Mesans upheld the termination in December 2020. That case is currently on appeal in San Diego Superior Court.

Dages continued to assert that his report was truthful and accurate and the reason for his termination was purely politically motivated. Termination in hand, the department forwarded his case to the San Diego County District Attorney’s Office for prosecution. On December 31, 2020, Dages was notified that the San Diego District Attorney’s Office filed one count of PC 118.1, Peace Officer Filing a False Report, a felony. This began a long, grueling year for Dages and his family. The community and grassroots support for Dages were remarkable, with the Instagram account @clearofficerdages, at last count, having more than 12,000 followers. Dages’ wife appeared on multiple national news outlets and podcasts discussing the ordeal. She continues to do so to bring community awareness.

In November 2021, Dages finally got his day in court. The trial began on November 29 and lasted almost two weeks. There was testimony from several eyewitnesses, officers, expert witnesses on both sides and the suspect. Dages also took the stand. The trial also included a rare jury site visit to the trolley station. The jury began deliberations on December 9 and came back with a verdict the next day. On December 10, Dages was found not guilty of PC 118.1. 

According to Dages, “Being on trial is war. Having bold, confident attorneys on your side is a game-changer, and I owe my freedom to the PORAC LDF team at Castillo Harper, APC.” He and his family are also extremely grateful to the PORAC Legal Defense Fund for its support during those hard-fought battles in his administrative and criminal cases.

About the Author
Castillo Harper, APC is a proud PORAC LDF panel law firm focusing on the representation of first responders in the area of criminal defense, employment defense, civil litigation, family law, and general counsel and contract negotiations.