Local News in Brief : Garden Grove : Victor of Brutality Suit Loses in Related Case

An Orange County jury on Tuesday ordered a convicted drug smuggler--who just last week won a settlement from the county in a jail brutality case--to pay $17,500 in damages to a former Garden Grove police officer whom he assaulted.

“I’m very satisfied,” said Terry Martin, 33, now an officer with the Irvine Police Department. “I didn’t think this case could go any other way from Day One. I believe in our system of justice.”

The jury awarded damages in the case against 39-year-old Dennis Bierilo, who was pulled over in Garden Grove by Martin on suspicion of drunk driving but fled the scene. Martin gave chase and the two men--climbing fences and running through the streets--reportedly had 11 separate altercations over the next 20 minutes before Bierilo was arrested.

Martin said he was hit over the head with a hard object and suffered numerous bruises that kept him in the hospital for 2 days and out of work for several weeks.

The verdict marked a sharp turnaround in fortunes for Bierilo, who last week settled for $82,000 from the county for his claim that he was badly beaten by Orange County sheriff’s deputies in the jail after his run-in with Martin.

Jurors in the Martin case said they were originally split 6 to 6. But several jurors said they were swayed by the guilty plea that Bierilo entered to charges of assaulting Martin. As a result, three jurors switched to voting in favor of the police officer, making the vote 9 to 3 in favor of Martin.

Bierilo is now in Lompoc Federal Prison, awaiting a hearing on a parole violation. His wife, Ann Bierilo of Anaheim, said angrily, “This is our justice, huh? My husband never touched Terry Martin.”

Jurors awarded Martin $2,500 in general damages related to his injuries and $15,000 for punitive damages.

Bierilo’s attorney, Kevin McDermott, said he will seek to overturn the punitive damages on the grounds that Martin’s attorney failed to offer evidence that Bierilo could afford such an award. McDermott said Bierilo would be willing to pay the $2,500 in medical damages on the spot, but cannot afford the larger award.