A San Francisco jury found Officer Michael Herrera guilty Tuesday of sexual battery for groping a woman after a police department event, according to his attorney.
Herrera was charged with two misdemeanor counts of sexual battery in the 2021 incident and found guilty of one.
“Everyone was very intoxicated that night, and that makes sorting this out very difficult,” said Tony Brass, the officer’s attorney, adding that his client got drunk at his Christmas party and his actions led to this outcome.
Brass said he expects Herrera to resign as he can’t see a world where he is able to remain an officer with such a conviction.
A number of cases, including the one against Herrera, were filed against police officers under former District Attorney Chesa Boudin. Since taking office, District Attorney Brooke Jenkins has dismissed a number of high-profile use-of-force cases filed against police under Boudin.
Still, she praised the verdict as a sign that police are not above the law.
“The jury’s thoughtful verdict sends the message that no one is above the law and that the residents of San Francisco will not tolerate sexual abuse
anywhere in any form by anyone," Jenkins said in a statement.
Herrera has been an officer since 2018 and was assigned to Richmond Station. The internal affairs investigation remains open, according to the department.
On Dec. 11, 2021, Herrera was at the Western-themed bar called Westwood SF after a department event when a woman at the bar for a caroling event asked if she could sit in the same booth as Herrera.
“You can’t touch me like that. What the f— did you do?"
Victim
They started talking about his work as an officer, but the conversation became tense after he downed her drink and laughed at her when she asked why he had taken the beverage, according to court records.
She got another drink and returned to Herrera, who showed her photos of the holiday party at the bar, according to court records that refer to the police investigation.
Herrera then grabbed her inner thigh, and she swatted away his hand, prosecutors allege.
“You can’t touch me like that,” she told him before getting up to leave because she was feeling uncomfortable. Then Herrera grabbed her jacket, and they struggled until he let go.
He then followed her to the bar and grabbed her groin.
“What the f— did you do,” she said, according to court documents.
At the bar, she told the bartender, “Holy f—, he just grabbed my p—,” which was corroborated by the bartender when he was interviewed by police.
Outside, she called the police and waited with her husband, who had lost sight of his wife inside the bar.
Video from the scene did not capture the interaction in the booth but did record Herrera grabbing her groin.
Herrera had been drinking and was arrested. Herrera was placed on administrative leave on Dec. 15, 2021, according to the police department, which did not respond to a request for comment Wednesday.
Herrera, who is out of custody, faces up to one year in county jail and must register as a sex offender for ten years.