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Man found in contempt denies resisting arrest charge
Daniel Goldberg Jr. says he plans to sue judge, sheriff's deputies
FARMINGTON — Daniel Goldberg Jr., the man found in contempt of court by District Judge Sandra Price during a trial for his father last week, denies the allegation he resisted arrest when he was escorted out of a courtroom by deputies for the San Juan County Sheriff's Office.
Goldberg Jr., 34, was charged with a misdemeanor count of resisting, evading or obstructing an officer Wednesday in Aztec Magistrate Court, according to court records.
He is accused of actively resisting an arrest ordered by Price after she found him in contempt of court for his behavior in the courtroom on Sept. 7 in Farmington District Court, according to the arrest warrant affidavit.
Goldberg Jr. was scheduled to testify for the prosecution in a two-day jury trial in an alleged fraud case against his father Daniel Goldberg Sr. The charges stem from his alleged bail bondsman activities.
During a telephone interview, Goldberg Jr. said Price violated his constitutional rights and that she violated his right to due process by not filing a proper contempt of court order.
"Based upon that, allegations will be proven that they are false," Goldberg Jr. said.
He also stated he plans to sue Price and everyone at the Sheriff's Office involved in his arrest. He said he plans to appeal the contempt order.
Emeterio Rudolfo, Goldberg Jr.'s attorney, said he is starting work on his client's case and hasn't seen any of the reports related to the case.
The arrest warrant affidavit accuses Goldberg Jr. of resisting arrest several times after Price found him in contempt of court.
Goldberg Jr. entered the courthouse around 2:15 p.m. on Sept. 7 when deputies observed him having a difficult time standing and talking loudly with slurred speech, according to the affidavit.
When Goldberg Jr. entered Price's courtroom, he started speaking to her, gradually increasing the volume of his voice until he was yelling, the affidavit states.
Price found Goldberg Jr. in contempt of court, ordering him to be transported to the San Juan Regional Medical Center for his safety. She stated she believed Goldberg Jr. was possibly under the influence of alcohol.
He denied the accusation and refused a breathalyzer test.
The affidavit states deputies struggled to handcuff Goldberg Jr. in the courtroom. Once he was handcuffed, he struck his head twice on the doors of the courtroom while being escorted out, the document states.
Goldberg Jr. allegedly tried pulling away from the deputies multiple times, resulting in Goldberg being laid on his back on the floor of the courthouse lobby.
While he was restrained on the floor, Goldberg Jr. is accused of being combative and refusing to stop kicking his legs in the air.
Goldberg Jr. was detained at the San Juan County Adult Detention Center on Sept. 7 after being deemed too much of a disturbance at the hospital. He was released on Friday.
Joshua Kellogg covers crime, courts and social issues for The Daily Times. He can be reached at 505-564-4627.