Manteca police get restraining order against man | News

MANTECA, CA - Every Thursday, Gabriel Duenez protests outside of the Manteca Police Department as officers leave their shift.

Duenez said he goes often with a group of family and friends to remind two officers that the family doesn't believe they were justified in the shooting death of Duenez's brother, Ernest Jr., on June 8.

"In our eyes, he was wrongfully murdered and that's why I go out there everyday," Duenez said.

However, the Manteca Police Officers Association thinks Duenez's actions go beyond exercising his First Amendment right. The police union successful secured a temporary restraining order against Duenez for the two officers on Friday.

"One incident that prompted the court to issue the restraining order was when Mr. Duenez confronted Officer Avakian and his family while the officer was off duty in Santa Clara," the officers' attorney Christopher Miller said.

Duenez said he was served the restraining order on Monday evening, but found out about it over the weekend on Facebook.

"I was shocked," said Duenez, who has retained a lawyer.
"I'm going to fight it. It's not true what they're saying. It's exaggerated."

The Duenez family said they never crossed the line by following the officers from the department or threatening the officers; and seeing one of the officers at a children's park was a coincidence.

"We happened to be at the same park. It's in the bay area, how would we know they'd be there?" Ernest Jr. and Gabriel's mother Rosemary Duenez said.

The restraining order also cites verbal threats outside of the department and flyers that Duenez posted around Manteca.

"Mr. Duenez has protested around town calling the officer a murderer," Miller said. "The off-duty threats are not part of the job and that's what the court is protecting."

Duenez said he has no criminal record and will continue to protest the police department every Thursday, but keep the distance required in the restraining order.

"Now, we know we have to document everything they do because we went to the city council meeting last month and we told them they're harassing us," Duenez said.

A scheduled hearing is set for Feb. 7 at the Manteca Court House.

The police union seeks to extend the restraining order permanently, while a civil wrongful death suit the Duenez family has brought against the city goes to court.