In response to being served recall papers, Councilman Lance MacLean told the OC Register it was a “blatant lie” that he “was arrested” in an incident at UCI sixteen months ago. He said he wasn’t fingerprinted.
New University, a campus publication, reported on February 25, 2008:
Lance MacLean, former associate executive director of the Associated Students of UC Irvine, has been charged with assault and battery stemming from an incident witnessed by several students at last year’s annual ‘Shocktoberfest,’ in which MacLean pinned a fellow UCI employee against the wall and grabbed his neck before nearby police officers wrestled him to the ground.
The reporter described the police report as follows:
According to the [police] report, four police officers were standing outside the ballroom assigned to the event at about 11:15 p.m., when MacLean, visibly upset, entered the area saying, ‘Where the f— is Jack. Jack locked up all the restroom [sic] upstairs and I have people peeing all over the place. You need to tell Jack to open the f—ing doors.
MacLean then spotted the victim, identified as Jack McManus, director of UCI Hospitality and Dining Services, and began yelling at him. After a short verbal altercation, MacLean then placed his hands around McManus’ neck and shoved him against the wall, then began to lift him up by the neck.
The four nearby officers intervened and ordered MacLean to let go, but he refused, prompting them to forcibly separate the two. MacLean, who is 6-feet-5-inches and 200 pounds according to the police report, resisted their orders several times and continued to struggle until an officer directed him to a prone position and handcuffed him.
MacLean was detained and released from the scene. . . . The police report lists three offenses by MacLean: assault, battery and resisting a peace officer.
An arrest is “to take or keep in custody by authority of law” (Merriam-Webster’s). Fingerprinting isn’t required for an arrest to have occurred. Applying handcuffs in a prone position, coupled with the three charges in the police report, seemingly creates a period of arrest. But even if called a detention, the recall notice to the Councilman could have stated he “was handcuffed, detained and charged with assault and battery.” But it is doubtful that description would be a more favorable characterization.
MacLean, a former mayor, arranged a deal with the Orange County District Attorney to dismiss the charges in exchange for MacLean’s completion of a court-approved anger management program.
New University reported the MV councilmember left his position with UCI effective December 17, 2007 during an internal investigation of the incident.
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{ 6 comments… read them below or add one }
Technically an arrest is when a subject is retained in custody. Then subject to a magistrate finding is either held, bailed or released on their own. What happened here is a detainment.
[Editor's Note: Source?]
Did Lance take his utilization of semantics from Bill Clinton??
What is the point of this? It happend yes…
16 months ago. Ok? Big deal
Let’s ask the UCI employee if it was a big deal to be picked up by his neck and pinned against a wall. UCI evidently thought it was a big deal, as MacLean’s employee relationship ended abruptly. Are the standards for being an elected official so much lower than holding a government job?
The impact is the totality of MacLean’s record and behavior — not viewing any example in isolation. The charges for assault and battery are significant because they’re part of who MacLean is – a hotheaded bully. I’ve observed his behavior and attitude toward Cathy Schlicht during her candidacy and after she was elected in November. His “anger issues” are by no means behind him.
Source:
CA Penal Code 834. An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.
custody 1) holding property under one’s control. 2) law enforcement officials’ act of holding an accused or convicted person in criminal proceedings, beginning with the arrest of that person. 3) having physical and legal control and responsibility.
It comes down to whether or not he was ever placed into State custody. Is it splitting hairs? Probably. Does it change the outcome? No
Substantive and quantitative comments are what are needed and expected from the citizens of this community.
Regarding the comment of Ms. Lee, when she stated the will of the people had not been heard, was she ignoring the mandate of the people who elected Mr. MacLean into office? Just because people do not agree with Mr. MacLean does not give them the right to go above the will of the people, those people who voted him regardless of the narrow plurality. Please save the taxpayers the needless expense of a special election. Practice patience until the next election.