The brother of a man fatally shot by Manteca Police is reporting harassing members of the department  including an officer and his 8-year-old son while they were out on a family outing to Great America in Santa Clara.

Manteca Police officers hope a Superior Court temporary restraining order (TRO) will stop the alleged ongoing harassment of two patrolmen by Gabriel M. Duenez, brother of Ernest Duenez, Jr., a parolee killed in an officer-involved shooting last June.

Manteca Police Officers Association (MPOA) obtained the order and not the Manteca Police Department. A MPOA representative contends Gabriel Duenez, 32, of Lathrop has been threatening and harassing the officers and their families at their homes, at the police department and at the Santa Clara amusement park since late last year.

The restraining order was issued Friday at the request of MPOA President Stephen Schluer. San Joaquin County Superior Court Judge Phillip R. Urie declared the order to prohibit Duenez from harassing, threatening or contacting officers John Moody, 39,  and Armen Avakian, 44,  as well as Avakian’s family members.

Moody had requested the police officers association take action in obtaining a civil harassment order protecting him and Officer Avakian and any other persons requesting to be listed as a subject of the harassment.

“The continuous harassment during the picketing has forced watch commanders to have us take alternate routes to gain access to the department and not conduct needed follow-up at the department until the protesters have left,” he said.

Moody added that fellow officers have to park their personal vehicles in undisclosed locations outside the secure, fenced, parking area due to the Duenez family writing down license plate numbers and taking photographs of the officers’ personal cars.

The officer said that the harassment has begun to affect his job performance and that of his fellow officers on and off duty.  He cited the front page of the Manteca Bulletin where a story quoted the Duenez family saying they would “do everything in their power to make my life miserable.”

Duenez reportedly confronted and took photographs of Avakian and his family last month shortly before 7 p.m. at the Winter Festival at the Great America Amusement Park’s Global Winter Wonderland in Santa Clara.

The restraining order goes onto state that Duenez has repeatedly harassed and threatened the officers during weekly Thursday vigils outside the police department and has circulated posters calling Moody a “murderer.”



Officer Avakian started receiving threats Oct. 17

In his official court declaration, Officer Avakian said that once the name of the involved officer was made public on Oct. 17 of last year, he has received threats from Gabriel Duenez during protests by the Duenez family outside the Manteca Police Department.  He added that Duenez had been seen by other officers writing down the license plate number of Avakian’s personal vehicle and taking photographs of him in his car.

Avakian, who was not involved in the shooting or the investigation, said that on Dec. 1 Duenez confronted him and Officer John Moody as they were leaving the police department.  He alleged that Duenez threatened to go to his house and force him to sign off a traffic ticket while he stood some 10 to 15 feet away from the officer.

“His demeanor and body language displayed anger, violence and displeasure,” the officer said. 

Avakian noted that Officer Moody’s patrol car had been parked outside the gate of the secured area on Cherry Street where Duenez and his group of protesters were standing waiting for them to exit the city lot. 

“I told Officer Moody that I would walk with him to his patrol vehicle.  Gabriel Duenez has yelled at Moody in the past.  When we arrived at the patrol vehicle, Gabriel Duenez shouted, ‘You’re going to prison boy!! – You’re gonna get prosecuted, boy!! – Can’t walk to your car by yourself, boy!!”

Two days later the officer said he and family members were at the Great America Amusement Park in Santa Clara where they were approached by Duenez and a large group of people as the Lathrop man again confronted him.

“You’re not running your mouth off without all your friends around,” the officer quoted Duenez as shouting at him.

 During that event Avakian said that Duenez photographed him and possibly his 8-year-old son.  He alleged that Duenez said, “Now I got a picture of your kids like you have a picture of mine.”

The officer said Duenez stood and stared at him for a few moments before joining his group and walking away.

With the officer at Great America in addition to his 8-year-old son were his fiancée, his fiancée’s sister and her three step-daughters ranging in age from 8 through 12.



Complaint says Gabriel Duenez was ‘staring down’ family members

Shortly after the initial incident at the amusement park, Avakian and his group had gone inside watching a dance presentation.  “The 12-year-old girl (with us) then pointed out Gabriel Duenez and told me that he was ‘staring us down.’  She was visibly shaken and told me that she was getting scared,” the patrolman said.

He noted he had no other problems the rest of the evening, adding that everyone in his group was frightened and could not enjoy the rest of the evening – the third incident involving alleged harassment by Duenez since Nov. 16.

On that date in mid-November the Duenez group was protesting in front of the Manteca Police Department.  Officer Mike Kelly and Avakian were walking to their vehicles in the secured parking lot.

“As soon as I got into my personal vehicle, Officer Kelly called me on my cellular telephone.  He told me that Gabriel Duenez was taking pictures of us, our vehicles and noting our license plate numbers,” the officer said.

Avakian explained that the Great America incident caused him to fear for his safety and for the safety of his family.  “As a result of these threats I now take counter-surveillance measures when traveling to and from my home.”

The patrolman added, “Gabriel Duenez, in my opinion, is going beyond his rights.  He clearly chose to start the incident at Great America.  Instead of enjoying his evening at the event he chose to make a scene.”

The order also prohibits Duenez from contacting or harassing the officers through a third party.   He must remain 100 yards away from the officers when not on duty and from their homes and families, the order states – not including their work place.



MPOA understands rights of Duenez to protest

“We have no quarrel with the right of the Duenez family to file lawsuits or make appropriate public statements about the incident,” the police association president said.  “But it crosses the line when these officers and their families are being threatened and harassed where they live and work.”

Schluer said that Duenez, along with a group of about 10 protesters, routinely get to the fence by the officers’ parking lot about half an hour before the shift change and jeer the officers and shout at them as they step out of their personal cars.  The protesters usually stay until about 5 p.m., the union president said.

Schluer added that, as a police officer, it is his duty to support the Constitution of the United States and the California Constitution including the right to free speech.

“But when our officers and their families are being threatened, part of my job is to protect our officers,” he insisted.

The restraining order was obtained by the police officers’ association through its Sacramento-based attorneys Christopher W. Miller and Jeffrey M. Schaff of Mastagni, Holstedt, Amick, Miller & Johnsen.  The court costs are being paid for through the Manteca Police Officers Association – a union not connected directly with the City of Manteca.

A court hearing in San Joaquin County Superior Court to determine whether the temporary orders should be made permanent is scheduled for Tuesday, Feb. 7, in the Manteca Branch of the court.