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Press Release

April 3, 2017

Two remaining defendants in use of force incident plead no contest to a lesser charge

SAN BERNARDINO, Calif.– The two remaining defendants in the deputy involved use of force case which ended in a jury deadlock last week pled no contest today to a violation of Penal Code section 415, disturbing the peace, a misdemeanor.

As a result of the plea agreement, both Michael Phelps and Nick Downey were sentenced to one year probation and the remaining charges were dismissed.

"After reevaluating the evidence and learning that the jury was hopelessly deadlocked, there is no reasonable likelihood that another jury would be able to reach a verdict," District Attorney Mike Ramos said. “It is time to move forward. I will reiterate what I have said all along, that the actions of these defendants should not tarnish the badge of the hardworking men and women of the San Bernardino County Sheriff's Department."

Contact: Christopher Lee, Public Affairs Officer (909) 382-3665 or via email at clee@sbcda.org or via text at (909) 782-5559

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Press Releases - 2017



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It is the mission of the San Bernardino County District Attorney's Office to represent the interests of the people in the criminal justice system, as mandated by California State law. The San Bernardino County District Attorney's Office serves the residents of San Bernardino County by: seeking the truth, protecting the innocent; holding the guilty accountable; preserving the dignity of victims and their families; and, ensuring that justice is done while always maintaining the highest ethical standards.

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