San Jose: Man convicted of misdemeanors in fight with mayor’s bodyguard

Wesley David Pollard pleaded no contest to a reduced charge in the notorious downtown clash with a plainclothes officer during a TV interview; the bulk of his sentence involves court-ordered mental health treatment.

SAN JOSE — A man charged with attacking a San Jose police officer assigned to protect Mayor Matt Mahan, in the middle of a TV interview downtown in April, pleaded to several misdemeanors and was sentenced to court-ordered mental health treatment, following a judge’s ruling Wednesday.

Wesley David Pollard, 35, of San Jose, appeared in a San Jose courtroom and pleaded no contest to four charges in accordance with a sentencing offer from Judge Deborah Ryan that reduced the first and most severe charge, resisting an officer, down from a felony.

The result is Pollard’s conviction of misdemeanor counts of resisting an officer, battery on the officer, and two counts of disturbing the peace — one for the April incident and one for an unrelated February encounter at a downtown Starbucks in which he reportedly accosted and challenged a patron to a fight.

Ryan ordered Pollard to appear Aug. 9 in a mental health treatment courtroom, where the exact requirements of his sentence will be determined. He was also given a suspended six-month jail term — which can be modified or invoked depending on his adherence to treatment — and was issued stay-away orders for Mahan and the police officer.

The sentencing followed a similar hearing Tuesday regarding crimes in Palo Alto in May, while he was on supervised release for the San Jose charges. In the Palo Alto case, he pleaded to misdemeanor counts of vandalism and exhibiting a weapon, following his arrest on allegations that he attacked an occupied car with scissors and tried to pull a teen driver out of another vehicle near a laundromat.

In the April 23 fight with the mayor’s bodyguard, police said while the mayor was participating in an interview, Pollard approached the group and “began displaying erratic behavior toward him and surrounding staff,” prompting the plainclothes police officer to intervene.

Pollard allegedly threatened the officer and did not back away, and eventually punched the officer in the head, all of which can be seen in video of the incident that was widely disseminated afterward. Pollard was eventually arrested after a lengthy struggle that ended after several bystanders came to the officer’s aid.

Wednesday, Deputy District Attorney Vietnam Nguyen objected to the felony reduction for Pollard, arguing that the sequence of his crimes “display a pattern of threatening behavior.” He told Ryan that the court was free to reduce the charge at a later time after Pollard proved he was abiding with his mandated treatment.

Nguyen added that the April confrontation “resulted in a traumatic impact” on the police officer, who he said never retaliated of punched back at Pollard even as he absorbed multiple punches, including several blows to his face and head.

“He was the aggressor,” Nguyen said, referring to Pollard. “In the video, the defendant was the first person to throw a punch.”

Both Ryan and Deputy Public Defender Will Brotherson noted at Wednesday’s sentencing that the video footage of the attack, captured by a TV journalist, does not show the plainclothes officer being readily identifiable.

“My client does throw punches and those punches connect,” Brotherson said. “What is not captured on video is an officer in uniform or an officer who has identified as an officer.”

After the incident, the San Jose Police Department asserted that off camera, the officer identified himself and tried to de-escalate the confrontation.

Ryan was receptive to arguments from Brotherson, made both Wednesday and at a previous hearing earlier this month, that Pollard’s behavior was a product of mental health issues compounded by chronic homelessness.

“I certainly do see a pattern of conduct,” Ryan said, “which I hope the mental health treatment court will be able to address.”

Ryan continued: “I am going to, over the objection of the people, and with sincere condolences to the officer for the trauma he suffered … reduce count one to a misdemeanor.”

Pollard did not speak at length Wednesday, only saying “Yes” when Ryan asked him if he understood his rights and “No contest” when the judge was confirming his pleas.

This is a developing story. Check back for updates.