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Five people join assault of local deputy

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An Olmsted County Sheriff's deputy is recovering from minor injuries this morning after he was assaulted by several people late Wednesday night, officials said.

The attack came after the first-year deputy spotted two vehicles parked in the middle of the street near 13th Street and Sixth Avenue Southeast in Rochester. One of the drivers — later identified as Fernando Garcia-Davila Jr. — wasn't wearing a seat belt, the report says, so the deputy initiated a traffic stop.

Garcia-Davila, 38, got out of his car and ran; the deputy chased him east and south, running between residences.

As the deputy ran around a house, he spotted another man out of the corner of his eye, said Capt. Scott Behrns. The man — who had a baby in his arms — "charged" the deputy, the report says, knocking all three — the deputy, the man and the baby — to the ground.

That's when three Hispanic females joined the fray, Behrns said, screaming and yelling at the deputy, who was able to get to his feet and continue to chase Garcia-Davila, catching him as he tried to climb over a fence.


Garcia-Davila "immediately resisted and engaged in an all-out fight with our deputy," Behrns said. As the fight continued, the three females and the unknown man approached the two. All four attempted to pull the deputy off Garcia-Davila, the report says.

The two were fighting on the ground when the deputy "felt an arm come around his back and be placed on his neck in a choke-hold position," Behrns said. The deputy began to black out, and released Garcia-Davila, the report says. The other suspect then released his choke-hold.

"I feel (the deputy) did that to save his life," Behrns said this morning. "If he'd passed out, he'd have been unable to secure his weapon, and things could've gotten much worse."

As the suspects began to leave the area in response to hearing arriving sirens, the deputy was able to recover enough to take Garcia-Davila into custody, the report says.

In addition to possible felony assault charges, Garcia-Davila was wanted on two active arrest warrant from Olmsted County. He's expected to be charged in Wednesday's incident today or Friday.

The deputy was taken to a local hospital, where he was seen and released, Behrns said. He sustained bruising and scratches, consistent with the story.

Three others have been charged in the assault and a fourth suspect awaits charges.

Maria Del Socorro Davila-Garcia, 59, and Gloria Selena Garcia Garza, 19, of Rochester and a 15-year-old female have been charged with third-degree riot, a felony; obstructing the legal process with force, a gross misdemeanor; and disorderly conduct, a misdemeanor.


In addition, a 30-year-old man is awaiting charges: recommended charges are fourth-degree assault, a felony; third-degree riot, a felony; and obstructing the legal process with force, a gross misdemeanor.

"We're very concerned about this incident," Behrns said. "This isn't the kind of community we live in, and this isn't indicative of the people who live here."

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