Judge Dismisses Charges Against Davis Teen

Apr. 17 - KGO (KGO) -- A major development in the case of a Muslim teenager arrested by Davis Police for a minor fender bender. After weeks of court appearances, a Yolo County Superior Court judge dismissed the case today. The I-Team's been on the story for the past month. The Buzayans maintain they're the victims of discrimination.

We've been reporting for the past several weeks how this case appeared to have many holes, and today the judge finally agreed.

Yolo County Superior Court Judge Thomas Warriner dismissed the misdemeanor hit and run case against Halema Buzayan. It's a great relief to the high school senior and her father who emigrated from Libya 30 years ago.

Halema Buzayan, cleared of charges: "There are so many different emotions I'm feeling right now. When the judge said dismissed, I wanted to cry, I wanted to laugh, wow, it was just so amazing, i'm totally trying to absorb it all in."

Jamal Buzayan, Halema's father: "The judge taught Halema a lesson today. He taught her that this country that I chose as her father to be in, to raise her in, is a country built on laws, a country for justice."

It all began in this parking lot last June when witnesses spotted the family's SUV moving near a sedan that had been damaged. They did not see a collision. But the witnesses left a note and Davis police officer Pheng Ly contacted the family.

The mother told Ly she had been driving.

Najat Buzayan, Halema's mother: "And I'm sure I didn't hit anything, but he said, 'you hit the other car.' I told him okay, I might did it, but I'm sure I did not."

The family trusted Officer Ly when he said damage to the two vehicles matched, so they paid $870 for repairs. But Ly kept pursuing the case. He ran a photo lineup not with the mother's picture, but with her daughter's. One witness picked Halema, the other chose someone else.

That was enough for Ly. He came back to the family's house 9:30 on a school night and arrested Halema in her pajamas.

Ten months later, the treatment still bothers her father.

Jamal Buzayan, Halema's father: "Is this how we want to deal with our children in Davis, or are we going to do something about it?"

We tried yet again to speak with prosecutors today.

Patty Fong, Deputy District Attorney: "I don't want your help."

Deputy District Attorney Patty Fong was in no mood to talk after the judge dismissed her case.

ABC7's Dan Noyes: "Patty, regrets about filing the case?"

But the legal battles are not over. The Buzayans are pursing a civil rights lawsuit.

Halema's lawyers have just received some new ammunition for the lawsuit they're planning against the Davis Police. It's audio of an internal affairs investigation interview with the 16-year-old girl.

Jamal Buzayan filed a misconduct complaint against Officer Ly last summer.

On the recording, Davis Police Sergeant Gina Anderson is interviewing Halema.

Sgt. Gina Anderson, Davis Police (audio recording): "We take allegations of misconduct by our police officers seriously."

But Anderson spends much of the 50-minute session trying to get Halema to confess to hit and run.

Sgt. Gina Anderson (audio recording): "If you really are the person that hit that car, you need to tell me."

The Buzayans' attorney, former San Francisco Supervisor Matt Gonzalez, says that's improper.

Matt Gonzalez, Buzayans' attorney: "They were putting a lot of pressure on her, and I don't think that's an appropriate way to conduct an internal investigation about whether or not a police officer has conducted himself properly."

A defense expert studied the damage to the two vehicles and concluded the accident never happened. We'll keep an eye on this as the civil suit progresses and get back to you if something interesting happens.

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