LUFKIN, TX (KTRE) - Marco Sauceda is found guilty of resisting arrest just two years after being mistaken for a burglar in his own home.
"It seemed so clear to me, very, very surprised," Defense Attorney Ryan Deaton said. "I couldn't believe that."
Deaton said he's representing 30-year-old Sauceda because he feels sorry for him.
In march 2009, Lufkin Police responded to a burglary in progress call.
When they arrived, Sauceda barricaded himself in a room of the Finley Avenue house.
According to police documents, he didn't respond until pepper spray and pepper balls were used. Sauceda fell, cutting his head.
Authorities dropped the burglary charge after realizing the house was actually Sauceda's. The resisting arrest charge stayed.
Police reports show Sauceda was afraid of being deported.
"We handled this case just as we would handle any other case and as I said, we will stand by the jury's verdict in this case," Angelina County Attorney Ed Jones said.
Though the jury felt he was abused, they decided he still resisted arrest.
Sentenced to 30 days in jail, Sauceda was released the same day, getting credit for time served.
"In this case, I don't know where they were coming from, but that's the way it goes," Deaton said.
Sauceda doesn't speak English and his attorney says he has the mind of a 13-year-old.
What happened in court, now has the attention of a Houston civil rights activist.
"This case is one of the worst cases of a travesty of justice I have ever seen and in fact, everyone in Lufkin, black, brown, white, yellow, whatever your skin color is should be angry and appalled with a criminal justice system that obviously convicted a man solely based on his skin color because no real God-fearing human being would see the facts of that case and send Mr. Sauceda to jail and find him guilty," Leader of The New Black Panthers and the New Black Muslims Quanell X said.
A federal lawsuit has been filed against the City of Lufkin, the police department, and the officers involved.
Quanell X said they are considering protesting next week in Lufkin.