Jose Gutierrez was brutally arrested in April 2012 during peaceful protests, then convicted of assault himself
At the time of the April 2012 Drug Enforcement Administration (DEA) raids, Gutierrez was acting as a journalist, reporting live for KPFA's Flashpoints program. Gutierrez, who was bringing attention to multiple federal raids being conducted that day on one of Oakland's licensed dispensaries, Cafe Blue Sky, and the closely connected medical marijuana college, Oaksterdam University, believes he was mistakenly targeted as a "ringleader."
A Freedom of Information Act request filed by MuckRock.com shows that the Oakland Police Department felt the raid had poor communication, no clear central command and lacked an exit strategy. Furthermore, the failure of law enforcement to properly secure the area is what led to failed crowd control. J. Tony Serra, another attorney for Gutierrez, said in a previous statement that the police were derelict in their duties and failed to properly execute the search warrant. "Their lack of preparation, communication and control led to Jose Gutierrez being the victim of an unnecessary and brutal attack, and he committed no crime," said Serra.