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LOS ANGELES (CNS) - Two former Torrance police officers were ordered Monday to stand trial on felony charges stemming from a swastika that was found spray-painted inside an impounded vehicle nearly 3 1/2 years ago.
Superior Court Judge Craig Richman denied a defense motion to dismiss the case against Christopher Tomsic, 31, and Cody Weldin, 30, who are charged with one felony count each of vandalism with over $400 in damage and conspiracy to commit vandalism.
The judge said there were two estimates of about $2,500 to repair the damage to the car, while noting that prosecutors and defense attorneys had stipulated that the car's owner wound up paying about $10 to remove the paint. The judge also noted that protein powder and cereal were tossed all over the car in what he described as "malicious mischief."
Tomsic's attorney, Lisa Houle, said she plans to file a motion asking another judge, Sam Ohta, who has been assigned the case to dismiss charges against her client based on the evidence presented during the preliminary hearing.
"I do think that Judge Richman is a very thoughtful, experienced judge. I do disagree with the ruling," Houle said outside court.
The two former officers are free on their own recognizance while awaiting arraignment June 26 at the downtown Los Angeles courthouse.
Tomsic and Weldin were among a group of officers who responded to a Jan. 27, 2020, call about three men who had stolen mail from an apartment building, and were led to a vehicle that may have been used in the crime and was subsequently taken to a tow yard, according to the Los Angeles County District Attorney's Office.
"When the vehicle's owner arrived to pick up the car, he found a happy face that had been spray-painted on the front seat of the vehicle and on the rear seat there was a symbol of a swastika," District Attorney George Gascón told reporters at a news conference in which the charges were announced in August 2021.
Torrance Police Chief Jeremiah Hart said then that the two officers were "no longer employed" by the city.
The police chief noted that the department initiated a criminal investigation as soon as it was notified of the allegations in January 2020 and subsequently submitted recommendations to the District Attorney's Office that criminal charges be filed against the former officers.
"Let me be clear, I will aggressively pursue any form of racism, bigotry, hate or misconduct at the Torrance Police Department," Hart said.
In March, attorney Jerry L. Steering announced that the city of Torrance had paid $750,000 to the vehicle's owner, Kiley Swaine of Redondo Beach. Swaine discovered his 2004 Hyundai Elantra had been vandalized when he went to a tow yard to retrieve the car after being released from jail.
"I have been suing police officers for 39 years, and I have never seen anything like this," Steering said in the March 16 statement.