(01-15) 19:30 PST SAN FRANCISCO -- A San Francisco judge ruled late Tuesday that police have legal authority to examine the car and cell phones belonging to the survivors of the Christmas Day tiger attack at the San Francisco Zoo.
The decision seems to have renewed the investigation into whether the two brothers - Paul Dhaliwal, 19, and Kulbir Dhaliwal, 23 - taunted the animal before it escaped and killed their friend. The criminal investigation had been described last week as "inactive" by city attorney's representatives.
The Dhaliwals' attorney could not be reached for comment Tuesday evening. Attorney Mark Geragos has repeatedly said the brothers did not taunt or tease the Siberian tiger, and he has accused city officials of running a public smear campaign against his clients.
The cell phones and car have been at the center of a continuing evidentiary dispute among attorneys for the city, the zoo and the brothers. The city and zoo want access to the phones and car to see if they contain any evidence that helps to prove the animal was teased. Officials said such information might help defend against the civil lawsuits expected from the brothers or the family of their friend, Carlos Sousa Jr.
The city and zoo went to court last week to preserve the potential evidence, a legal battle that has not yet been decided and is scheduled for a hearing Wednesday in Santa Clara County.
Although the cars and phones remain in police custody, police officials had said they didn't have legal authority to search the items. They indicated that the investigation was all but over and that it was unlikely charges would be filed against the Dhaliwals.
Geragos argued that the phones and car should be returned to the brothers, without being searched.
On Tuesday, San Francisco Superior Court Judge Richard Kramer approved the police request to search the phones and car.
It is unclear the exact legal basis for the search, but sources close to the investigation have told The Chronicle that it appeared the brothers made a pact of silence while riding together in the ambulance to the hospital.
"Don't tell them what we did," Kulbir reportedly told Paul in the ambulance, paramedics told police.
Sources also said Paul was drunk at the time of the attack, Kulbir had been drinking and both had used marijuana. Court documents indicate a bottle of liquor was spotted in the car.
Authorities also have the report of a zoo visitor who said she saw a group that included Sousa taunting the zoo's lions shortly before the tiger escaped.
However, Sousa's mother said that when she spoke with Paul Dhaliwal, he assured her they did nothing to provoke the attack.
so... When has it been ok to goto the zoo dunk and stoned????????
Seen these dudes rap sheet?
One of the two brothers who survived a Christmas Day tiger attack at the San Francisco Zoo was charged Tuesday with misdemeanor battery on a police officer stemming from a drunken scuffle with San Jose police in September.
Paul Dhaliwal, 19, was not in Santa Clara County Superior Court when the charge was added to misdemeanor counts of public intoxication and resisting arrest he already faced.
His brother, Kulbir Dhaliwal, 23, is also charged with public intoxication and resisting arrest in the Sept. 7 incident, which happened when police intervened after seeing the brothers chase two men near their San Jose home, according to court documents.
Paul Dhaliwal is accused of hitting an officer in the chest with his forearm as the officer tried to restrain him, leading to the battery charge, prosecutor Stuart Scott said. Dhaliwal stopped resisting arrest only when an officer held a stun gun to his neck, according to a police report.
Kulbir Dhaliwal cursed at officers while kicking the security partition in a squad car, forcing police to pull him out and put him in leg restraints, the police report says.
It is unclear from the court documents why the Dhaliwal brothers were allegedly chasing the two men, whom police did not locate.
The brothers are scheduled to return to court Feb. 13. Scott called their alleged behavior "needlessly belligerent."
Both brothers have pleaded not guilty. Paul Dhaliwal's attorney, Cory Fuller, declined to comment about the case.
Both Dhaliwal brothers were injured Christmas Day when a Siberian tiger escaped from its outdoor grotto at the zoo and killed Paul Dhaliwal's friend Carlos Sousa Jr., 17, of San Jose.
At the time of the escape, Paul Dhaliwal was on felony probation after pleading no contest Oct. 31 to reckless driving, driving under the influence, resisting an officer and providing a false name, court records show.
He was arrested after leading a Santa Clara County sheriff's deputy on a chase of up to 140 mph before crashing into a tree in San Jose, according to a police report. At one point he drove over traffic cones placed near a Caltrans work crew, the report said.
Paul Dhaliwal tried to run away when an officer attempted to handcuff him, and he later identified himself to police as his brother Kulbir, the police report said.
Paul Dhaliwal also has an outstanding misdemeanor case for underage drinking, prosecutors and his attorney said. A separate misdemeanor case for public drunkenness was dismissed in July after Dhaliwal attended 10 Alcoholics Anonymous meetings, court records show.
Model Citizens eh? If anyone had a brain we would lock these jokers up for 10 years and ban them from attending ANY zoo in the nation for life.....
C'mon they were intoxicated assholes ... That should tell your something eh??? Huh? Get a clue people.... These clowns had a plan when they arrived at the zoo.
Facebook
Twitter