Update, video added view here: Cops arrest a man for backing away and asking for search warrant while filming.
December 27, 2022 - The Merced County Sheriff’s Office was made aware of a video circulating social media involving several of our deputies arresting a man who claimed to be a first amendment auditor. We have received several comments and questions about the video and would like to address the incident. The video posted by Mr. Martinez is only a portion of the incident depicting the detention and arrest of Mr. Josef Martinez. This video is only a small portion of the evidence to a much larger investigation.
The Merced County Sheriff’s Office and Sheriff Vernon Warnke would like to make it clear that we value everyone’s constitutional rights and freedoms and take our oath to protect those rights very seriously. However, in this case our deputies had probable cause to detain and arrest Mr. Martinez.
On the morning of December 22, 2022, our deputies were investigating a felony report of criminal threats where the suspect was armed with a firearm. After speaking with the victim, we determined that Richard Gaestel made criminal threats of injury and death. Our deputies responded to a residence in the 3000 Block of Merced Falls Road in Snelling. As deputies approached the home, they were confronted by Mr. Josef Martinez standing in the driveway. Mr. Martinez accused the deputies of trespassing and refused to answer questions. In doing so, Mr. Martinez delayed the deputies from conducting their investigation which is a violation of California Penal Code Section 148. This delay allowed Mr. Gaestel ample time to retreat into the residence potentially barricading himself in the residence with weapons.
Deputies did identify themselves pursuant to California Penal Code section 830.10 and attempted to explain to Mr. Martinez why they were there. Due to Mr. Martinez’ lack of cooperation and the fact that deputies believed the suspect was in the residence armed with a firearm, Mr. Martinez was detained and later arrested for California Penal Code 148, delaying or obstructing an officer in the performance of their duties.
After Mr. Martinez was arrested, deputies and investigators surrounded the residence and attempted to call Mr. Gaestel out of the residence, however he refused to come out. Investigators authored a warrant for the arrest of Gaestel and a search warrant for the property. Gaestel eventually came out of the home and was arrested for California Penal Code Section 422 Criminal Threats and was found to be in possession .233 caliber rifle. Both Gaestel and Martinez were booked into the Merced County Jail for their alleged crimes.
Source: Merced County Sheriff's Office
