4 Charges of Assault in Red Onion Scuffle Dropped by Prosecutor

Charges were dismissed Monday against a former University of Washington football player who was accused of assaulting Santa Ana police officers last winter after they forced him to leave the Red Onion disco because of an alleged dress-code violation.

In deciding to drop the four misdemeanor charges against Kevin Conard, a 21-year-old linebacker, Orange County Deputy Dist. Atty. Jim Hicks said “the consequences that Conard suffered were more severe” than the fine he could have received if convicted.

Both Conard and Vincent Fudzie, who are black and who were in Orange County last December to play in the Freedom Bowl game, were kicked off the Washington team and lost their athletic scholarships as a result of the incident. Conard, who claimed he was being racially discriminated against when Red Onion managers asked police to escort him out, also received 10 stitches in the head after a shouting match with police outside the disco escalated into a scuffle and a chase involving eight officers.

‘A Big Factor’

Hicks said last month that recent allegations of discrimination against the Southern California restaurant chain by minorities as well as two state investigations into the Red Onion’s admissions practices would be “a big factor” in determining whether to pursue the case against Conard.

On Monday, Hicks said: “Since I am not convinced that the defendants were in violation of the dress code when they were asked to leave, it’s at least possible that part of their reaction in dealing with the Red Onion was justified.”

Hicks also said he considered the fact that Conard had no prior record, that the officers were not seriously injured during the scuffle and that the principal officer involved, Scott Zimmerman, has recently left the force and moved to Oregon.

Zimmerman was identified by sources last week as one of seven Santa Ana officers who is being investigated for allegedly firing shots that hit a county supervisor’s window during an incident involving several off-duty officers in June.

Speaking of the incident involving Conard, Hicks said that “obviously if the conduct of the defendant had been more aggravated, if he seriously hurt one of the cops, then the way we’d approach the case would be different and worth our while to bring the officer back” from Oregon.

Maureen Thomas, a Santa Ana police spokeswoman, said the department would not comment on Monday’s dismissal by Orange County Municipal Court Judge Jacquelyn D. Thomason.

Still Smarting

Conard, reached at his parents’ home in Compton where he is spending the summer, was pleased with the outcome although he said he is still smarting from his removal from the University of Washington Huskies football team.

“I’m overwhelmed,” said Conard, who plans to transfer to San Diego State University for his senior year. “It put a lot of stress on me not knowing what was going to happen. I’m glad it worked out for the better.”

Conard and Fudzie initially were refused entry because Conard--who said he was wearing a sweater, burgundy slacks and dress shoes--did not have a collared shirt, a Red Onion requirement. Conard changed clothes in the parking lot and subsequently was allowed in by a different door host.

But they were thrown out moments later after being accused of sneaking in. Zimmerman and Officer Anthony Bertagna, who were in the restaurant, said that Conard became loud and belligerent and challenged them “six or seven times” to fight.

Backup units were summoned after the two men were allowed to drive away. A scuffle then ensued as officers tried to get the two out of their car. Police said that Conard struck Zimmerman in the face before he fled on foot and that Bertagna was hit in the ribs while trying to take Conard into custody.

‘Feared for His Life’

Conard denied hitting the officers and said he ran because he “feared for his life.”

Red Onion attorney Ralph Saltsman did not return calls on Monday.

The company recently agreed to settle with the 39 blacks, Latinos and Middle Easterners who filed formal complaints with the state Department of Fair Employment and Housing, claiming that they had been denied entrance because of their race. The Red Onion offered the complainants $500 each. The settlement also calls for the Red Onion to publish a public apology in newspapers.

Last month, in response to what company officials have called “the perception of a problem,” the Red Onion said it would revise its hiring and training practices to ensure that they were “racially neutral” and would spend $2 million a year reaching out to the minority communities of Orange, Riverside and Los Angeles counties.